S 382 New York Senate · 2025 Regular Session

Relates to adding fetal alcohol spectrum disorders to the definition of developmental disability

This bill amends New York's mental hygiene law to add fetal alcohol spectrum disorders (FASD), including fetal alcohol syndrome (FAS), partial FAS (pFAS), and alcohol-related neurodevelopmental disorder (ARND), to the official definition of developmental disability. It directly affects individuals with FASD who meet specific criteria: being over age seven, having a qualified medical diagnosis, experiencing symptoms before age 22, having a condition expected to continue indefinitely, and facing significant challenges in daily living activities. The key mechanism is expanding eligibility for developmental disability services to include these FASD diagnoses under existing law. This change ensures individuals with FASD can access support programs and services previously available only to those with other qualifying conditions.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2025 Last action Jan 7, 2026
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What changed between versions

S382 S382A · 4 edits
MODERATE
This bill amends the Mental Hygiene Law to add fetal alcohol spectrum disorders (FASD) to the list of conditions that qualify as developmental disabilities. The change restructures how FASD is defined and adds specific eligibility requirements for individuals seeking disability status based on this condition.
Scope change
The bill expands eligibility for developmental disability benefits to include individuals with fetal alcohol spectrum disorders, but only those who meet specific age, diagnosis, and impact criteria.
ELIGIBILITY

Added fetal alcohol spectrum disorders (FASD) as a qualifying condition for developmental disability, separating it from other conditions like autism and intellectual disability.

REQUIREMENT

Introduced five specific eligibility requirements for FASD claims: the person must be over age seven, have a qualifying diagnosis from a provider, have onset before age twenty-two, show likelihood of indefinite continuation, and demonstrate substantial impact on daily living activities.

TIMELINE

Changed the effective date from immediate to twenty-four months after the bill becomes law.

TECHNICAL

Reformatted the bill text to separate FASD criteria into distinct subsections (i) and (ii) for clarity, and updated the bill number to S 382-A to reflect committee action.

Floor votes

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Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
Jan 7, 2026
Committee
REFERRED TO DISABILITIES
upper
Dec 12, 2025
Upper · Passed
PRINT NUMBER 382A
upper
Dec 12, 2025
Upper · Passed
AMEND AND RECOMMIT TO DISABILITIES
upper
Jan 8, 2025
Committee
REFERRED TO DISABILITIES
upper
1 primary · 5 co-sponsors

Sponsors