Adds Down syndrome to the definition of developmental disability for the purpose of making Down syndrome an automatic qualifier for Medicaid; expands the definition of developmental disability to include certain individuals below the age of ten who cannot demonstrate that their disability constitutes a substantial handicap to their ability to function in a normal society, but that have a high probability of meeting such criteria later in life; expands the definition of developmental disability to include certain individuals below the age of four.
STATE OF NEW YORK
________________________________________________________________________
9448
IN SENATE
March 12, 2026
___________
Introduced by Sen. BASKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Disabilities
AN ACT to amend the mental hygiene law, in relation to adding Down
syndrome to the definition of developmental disability and to expand-
ing such definition to include certain individuals below the age of
ten
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 1 of paragraph (a) of subdivision 22 of
2 section 1.03 of the mental hygiene law, as amended by chapter 114 of the
3 laws of 2017, is amended to read as follows:
4 (1) is attributable to intellectual disability, cerebral palsy,
5 epilepsy, neurological impairment, familial dysautonomia, Prader-Willi
6 syndrome, Down syndrome, or autism;
7 § 2. Paragraph (d) of subdivision 22 of section 1.03 of the mental
8 hygiene law, as amended by section 4 of part MM of chapter 58 of the
9 laws of 2015, is amended to read as follows:
10 (d) constitutes a substantial handicap to such person's ability to
11 function normally in society; provided, however, that an individual
12 below the age of ten who meets the criteria for having a developmental
13 disability under paragraphs (a), (b) and (c) of this subdivision may be
14 deemed to have a developmental disability without establishing that such
15 disability constitutes a substantial handicap under this paragraph if
16 such individual, without services and supports, has a high probability
17 of meeting such criteria under this paragraph later in life; provided,
18 further, that an individual below the age of four who meets the criteria
19 for having a developmental disability under paragraphs (a), (b) and (c)
20 of this subdivision shall be deemed to have a developmental disability.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07305-04-6
