New York S 9448: Adds Down syndrome to the definition of developmental disability and expands such definition to include certain individuals below the age of ten

Status: REFERRED TO DISABILITIES (as of 2026-03-12)

State: New York · Session: 2025-2026 · Bill: S 9448

Sponsors: April Baskin, Joseph P. Addabbo Jr., Monica Martinez, William Weber

Bill Text

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S09448 Summary:

BILL NOS09448 

&nbsp

SAME ASSAME AS A06904-A

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SPONSORBASKIN

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COSPNSRADDABBO, MARTINEZ

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MLTSPNSR

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Amd §1.03, Ment Hyg L

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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.

Go to top S09448 Actions:

BILL NOS09448 

&nbsp

03/12/2026REFERRED TO DISABILITIES

Go to topS09448 Committee&nbspVotes:

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

Go to topS09448 Text:

 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

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