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History
- Print number 186a
- Amend and recommit to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Amends the definition of "developmental disability"
In Assembly Committee · Mental Health · Sponsor Harvey Weisenberg
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to the definition of "developmental disability"
Purpose
To clarify that in addition to meeting all the other conditions in the existing definition to classify or define someone as developmentally disabled, the individual may be found unable to engage in any substantial gainful activity by reason of the disability (the definition used to qualify someone for Social Security Disability by the federal government) or found to have a substantial handicap to such person's ability to function normally in society (the existing NYS criteria in the statute).
Summary of provisions
Section 1 of the bill amends section 1.03 of the mental hygiene law to include within the definition of developmental disability the provision that, in addition to meeting all the other conditions in the existing definition, the individual may be found unable to engage in any substantial gainful activity by reason of the disability.
Read the full memo (789 words)
Section 2 would provide for a 30 days after enactment effective date.
Justification
With the rate of autism sky rocketing to the most recently reported national figures of 1 in 150 and the large number of those individuals who are higher functioning, New York State must revamp its definition of developmental disability to ensure nobody is falling through the cracks. Every effort must be made to provide coherent and cohesive services early on to these and similarly situated developmental disabled individuals who are currently being denied OMRDD services. With the appropriate services, many can and do become independent and/or productive members of society.
The current definition of developmental disability requires that an individual's disability must constitute a substantial handicap to such person's ability to function normally in society. OMRDD established Advisory Guidelines in August 2001 which address issues in determining eligibility for OMRDD services. Among other things, the Guideline indicates that eligibility for services is to based on adaptive behavior measures, which are measures that are used primarily to determine the level of disability for people with subnormal intelligence. These guidelines have had the effect of barring many individuals who are unable to work or live on their own and meet all the other requirements except the adaptive behavior measures from being eligible for OMRDD services. Many of these individuals, all of whom must among other things have a disability that began before their 21st birthday, are high functioning autistic people who may be able to score high on intelligence exams but have significant social, emotional and behavioral impediments which make it extraordinarily difficulty to join the workforce or live on their own without assistance. However, given the appropriate level of supportive services, these individuals can and do become productive members of our society.
This bill does not seek to create a class of disabled individuals who will become a financial burden receiving benefits for a lifetime. Instead this legislation will provide disabled individuals with the supportive services they need early on to transition into adulthood and independence. Eligibility for OMRDD services can currently end when you are fully employed and no longer need services to maintain that employment. However, without these vital services many people become frustrated, their conditions deteriorate and they end up needing and using mental health services for anxiety and depression throughout their lifetime and remaining dependent upon their families and society for the basic everyday needs of housing and food.
Today, many disabled young adults and their families are being caught in a catch 22. They are being denied OMRDD services because they are considered too high functioning, yet because of their significant social, emotional and behavioral impairments they find themselves unprepared and unable to function independently in society. As a result, they are being left to flounder in search of an array of services provided by many different agencies (Mental Health, VESID) and providers, none of which are equipped to address the problems they face. Some families are divesting themselves of everything, even their family home, to send their child to a program that can help them make the transition to independence. Others unable to get the appropriate services are faced with finding someone to care for their child after they die. The result is a group of young disabled individuals who are unnecessarily falling through the cracks.
Not only is it morally imperative that we qualify these individuals for OMRDD services, it is financially prudent to put the upfront services in place to help these disabled citizens integrate into society rather than have society pay for care over a life time in various other socially funded programs.
Legislative history
2010 - Same as S.8043 of 2008
Fiscal implications
To be determined.
Effective date
30 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.