New York S 10093: Relates to transitional care placements by the office for people with developmental disabilities

Bill Text

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S10093 Summary:

BILL NOS10093 

&nbsp

SAME ASSAME AS A10372

&nbsp

SPONSORSUTTON

&nbsp

COSPNSRSCARCELLA-SPANTON

&nbsp

MLTSPNSR

&nbsp

Amd §13.38, Ment Hyg L

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Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.

Go to top S10093 Actions:

BILL NOS10093 

&nbsp

04/28/2026REFERRED TO DISABILITIES

Go to topS10093 Committee&nbspVotes:

Go to topS10093 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10093 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10093

 IN SENATE

 April 28, 2026
 ___________

 Introduced by Sen. SUTTON -- 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 restoring safe
 and appropriate transitional care placements

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (g) of section 13.38 of the mental hygiene law,
 2 as amended by chapter 405 of the laws of 1998, is amended and a new
 3 subdivision (h) is added to read as follows:
 4 (g) The office may make payments necessary to maintain individuals
 5 described in subdivision (a) of this section on an emergency basis in a
 6 child care facility or an in-state or out-of-state residential school
 7 [on an emergency basis] or residential adult program associated with the
 8 individual's former residential school where circumstances temporarily
 9 prevent the transfer of individuals to adult services or placements
 10 within the office's system of care.
 11 (h) 1. After an individual described in subdivision (a) of this
 12 section has been placed within the office's system of care, the office
 13 shall make payments necessary to return the individual to their previous
 14 in-state or out-of-state residential school or residential adult program
 15 associated with such school if: (i) the office's system of care is fail-
 16 ing to provide residential and habilitation services appropriate for the
 17 individual; (ii) continuation in such system of care is adversely
 18 affecting the individual's health, safety, or welfare; (iii) the resi-
 19 dential school or residential adult program associated with the school
 20 that previously provided transitional care to the individual, is
 21 currently able to provide appropriate services for the individual; (iv)
 22 the residential school or residential adult program associated with the
 23 residential school that provided transitional care previously is willing
 24 and able to re-admit the individual; and (v) the individual or their
 25 guardian consents to the transfer.
 26 2. The individual or their guardian may notify the office that they
 27 believe that conditions for the return of the individual as set forth in
 28 paragraph one of this subdivision are satisfied and request that the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14899-01-6

 S. 10093 2

 1 individual return to the individual's previous in-state or out-of-state
 2 residential school or residential adult program associated with the
 3 school. In the event the individual or their guardian requests a return
 4 to the residential school or residential adult program under this subdi-
 5 vision and the office declines the request, the individual may seek
 6 review of the determination in accordance with the provisions of article
 7 seventy-eight of the civil practice laws and rules.
 8 3. The provisions of this subdivision shall supplement, and shall not
 9 limit or restrict, any rights and remedies to which the individual may
 10 be entitled under applicable law.
 11 4. When an individual returns to their previous transitional care
 12 placement at a residential school or a residential adult placement asso-
 13 ciated with the residential school, their administrative