MATTER OF SPENCER-CEDENO v. ZUCKER

6567, 452521/16.

161 A.D.3d 534 (2018)

75 N.Y.S.3d 188

2018 NY Slip Op 03488

In the Matter of Rebecca Spencer-Cedeno, Petitioner, v. Howard Zucker et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 15, 2018.


In order to obtain Medicaid-reimbursed home and community based services, an applicant must demonstrate that he or she suffers from a "developmental disability." An "intellectual disability" that originated before age 22, is expected to continue indefinitely, and constitutes a "substantial handicap" to the person's ability to function normally in society, is a qualifying condition (Mental Hygiene Law § 1.03 [22] [a] [1], [b], [c], [d]). The American Psychiatric Association...

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