S T A T E   O F   N E W   Y O R K
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                                  10481

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
  Committee on Mental Health

AN ACT to amend the mental hygiene law, in  relation  to  directing  the
  commissioner  of  developmental  disabilities to establish a procedure
  through which persons with developmental disabilities  may  choose  to
  remain in a nonintegrated setting

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "employment first choice act".
  S  2.  Legislative  intent. The legislature hereby supports increasing
access to integrated employment settings for individuals  with  develop-
mental  disabilities.  The legislature additionally finds, however, that
the policy to increase integrated  employment  opportunities  shall  not
preclude  an individual's right to choose either an integrated or nonin-
tegrated setting in accordance with such individual's  personal  wishes.
Furthermore, the legislature supports an individual's informed choice to
remain  in  a  nonintegrated  setting  in order to, among other personal
priorities, retain friendships, continue their  participation  in  their
community  as  they  so  choose,  and, in some instances, maintain their
ability to earn a paycheck.
  The legislature, therefore, finds that individuals with  developmental
disabilities,  who  currently  participate  in  a nonintegrated setting,
should be allowed to choose to remain in such a setting. To require such
individuals to transition out of this chosen environment undermines  the
guiding  Supreme Court decision in Olmstead v. L.C., which held that the
Americans with Disabilities Act of 1990 requires placement  of  individ-
uals  with developmental disabilities in integrated settings rather than
nonintegrated settings, but only when such a transfer is not opposed  by
the  affected  individual. The legislature, therefore, declares this act
to be a priority of  the  state's  actions  affecting  individuals  with
developmental disabilities.
  S  3.  The mental hygiene law is amended by adding a new section 16.02
to read as follows:

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

                                                           LBD09273-07-6

A. 10481                            2

S 16.02 INDIVIDUAL'S RIGHT OF CHOICE.
  ANY INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY WHO IS PARTICIPATING IN
A NONINTEGRATED SETTING INCLUDING, BUT NOT LIMITED TO, A SHELTERED WORK-
SHOP,  AND  WHO  MAKES  AN  INFORMED CHOICE TO REMAIN IN A NONINTEGRATED
SETTING MAY SEEK ACCOMMODATION  FROM  THE  COMMISSIONER  TO  ALLOW  SUCH
PLACEMENT,  PROVIDED THAT PENDING SUCH REQUEST THE INDIVIDUAL MAY REMAIN
IN THE NONINTEGRATED SETTING. FOR PURPOSES OF THIS SECTION, AN "INFORMED
CHOICE" INCLUDES THE INFORMED CHOICE OF AN INDIVIDUAL OR OF AN  INDIVID-
UAL'S PERSONAL REPRESENTATIVE.
  (A)  ACCOMMODATIONS  SHALL BE GRANTED AT THE DISCRETION OF THE COMMIS-
SIONER, WHO MAY ALSO REQUIRE THAT THE INDIVIDUAL HAS COMPLETED AT  LEAST
ONE OF THE FOLLOWING:
  (1)  PARTICIPATION  IN  AT  LEAST ONE VOCATIONAL ASSESSMENT EVERY FIVE
YEARS IN ACCORDANCE WITH REGULATIONS PROMULGATED  BY  THE  COMMISSIONER.
THE  PRIMARY PURPOSE OF A VOCATIONAL ASSESSMENT SHALL BE TO DETERMINE AN
INDIVIDUAL'S INTERESTS, STRENGTHS AND ABILITIES, IN ORDER TO IDENTIFY  A
SUITABLE  MATCH  BETWEEN  THE  INDIVIDUAL  AND  A COMPETITIVE INTEGRATED
EMPLOYMENT SETTING;
  (2) COMPLETION OF ONE TRIAL  INTEGRATED  WORK  EXPERIENCE  EVERY  FIVE
YEARS,  WHICH  CAN  INCLUDE  ANY  WORK EXPERIENCE WITH OR WITHOUT PAY IN
WHICH THE INDIVIDUAL WORKS ALONGSIDE NON-DISABLED  COWORKERS,  CUSTOMERS
OR  PEERS,  WITH  THE APPROPRIATE SERVICES AND SUPPORTS FOR A SUFFICIENT
PERIOD OF TIME TO ESTABLISH WHETHER AN  INDIVIDUAL'S  INTERESTS,  SKILLS
AND  ABILITIES  ARE  WELL-SUITED FOR THE PARTICULAR JOB. THE TRIAL INTE-
GRATED WORK EXPERIENCE SHALL BE SELECTED THROUGH A PERSON-CENTERED PLAN-
NING PROCESS AND SHALL BE INDIVIDUALLY TAILORED TO EACH PERSON. ALTERNA-
TIVELY, THE COMMISSIONER MAY CONSIDER THE INDIVIDUAL'S DEMONSTRATION  OF
AN INABILITY TO PARTICIPATE IN AN INTEGRATED WORK SETTING DUE TO A DOCU-
MENTED  MEDICAL  CONDITION THAT POSES AN IMMEDIATE AND SERIOUS THREAT TO
THE INDIVIDUAL'S HEALTH OR SAFETY, OR THE HEALTH OR SAFETY OF OTHERS  IN
AN INTEGRATED WORK SETTING;
  (3)  RECEIPT OF OUTREACH, EDUCATION AND SUPPORT SERVICES IN ACCORDANCE
WITH REGULATIONS PROMULGATED BY THE  COMMISSIONER.  OUTREACH,  EDUCATION
AND  SUPPORT  SERVICES  ARE SERVICES DESIGNED TO EXPLAIN THE BENEFITS OF
SUPPORTED EMPLOYMENT, AS DEFINED IN SUBDIVISION ELEVEN  OF  SECTION  ONE
THOUSAND TWO OF THE EDUCATION LAW, THAT ADDRESS CONCERNS OF FAMILIES AND
PERCEIVED  OBSTACLES  TO  PARTICIPATION,  AND  ARE DESIGNED TO ENCOURAGE
INDIVIDUALS IN DAY ACTIVITY SERVICE  PROGRAMS,  INCLUDING  IN  SHELTERED
WORKSHOPS  AND  FACILITY-BASED  DAY PROGRAMS, AND THEIR FAMILIES TO SEEK
SUPPORTED EMPLOYMENT SERVICES, AS DEFINED UNDER  SUBDIVISION  TWELVE  OF
SECTION ONE THOUSAND TWO OF THE EDUCATION LAW; OR
  (4)  INVOLVEMENT  IN  A BENEFITS COUNSELING CONSULTATION IN ACCORDANCE
WITH REGULATIONS PROMULGATED BY THE COMMISSIONER. A  BENEFIT  COUNSELING
CONSULTATION  SHALL PROVIDE INFORMATION TO THE INDIVIDUAL AND HIS OR HER
FAMILY OR GUARDIAN ABOUT THE IMPACT OF EARNED INCOME ON THE INDIVIDUAL'S
PUBLIC BENEFITS.
  (B) THE OFFICE SHALL ENSURE THAT INDIVIDUALS WHO ARE GRANTED  ACCOMMO-
DATION  TO  PARTICIPATE  IN  A  NONINTEGRATED  SETTING SHALL CONTINUE TO
RECEIVE SERVICES AND ANY ADDITIONAL SERVICES THE OFFICE  DETERMINES  ARE
NECESSARY  TO  ENABLE  THE  INDIVIDUAL'S MEANINGFUL PARTICIPATION IN THE
CHOSEN SETTING.
  (C) THE PROCEDURES FOR OBTAINING ACCOMMODATION TO REMAIN IN A NONINTE-
GRATED SETTING SHALL NOT SUPERSEDE NOR BAR THE  INDIVIDUAL'S  CHOICE  TO
REMAIN IN A NONINTEGRATED SETTING.
  (D)  THE  ACCOMMODATION TO REMAIN IN A NONINTEGRATED SETTING SHALL NOT
DIMINISH THE INDIVIDUAL'S ELIGIBILITY  FOR  RECEIPT  OF  SERVICES  UNDER

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TITLE  ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, AND SUCH INDI-
VIDUAL'S ELIGIBILITY TO RECEIVE SUCH  SERVICES  SHALL  BE  SUBSTANTIALLY
SIMILAR  TO  BENEFITS  THAT  WOULD HAVE BEEN RECEIVED HAD THE INDIVIDUAL
CHOSEN TO PARTICIPATE IN AN INTEGRATED SETTING.
  (E) THE COMMISSIONER IS AUTHORIZED TO ISSUE, AMEND OR REPEAL ANY REGU-
LATIONS AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  (F)  THE  COMMISSIONER,  IN CONSULTATION WITH STAKEHOLDERS, SHALL TAKE
SUCH ACTIONS AS SHALL BE NECESSARY TO COMPLY WITH  FEDERAL  LAW,  OBTAIN
FEDERAL FUNDING, AND ASSIST WORK SETTINGS TO REMAIN ELIGIBLE FOR FEDERAL
FUNDING, IN ORDER TO ENABLE EACH INDIVIDUAL'S CHOICE, FOR THE PURPOSE OF
THIS SECTION, ON AND AFTER MAY FIRST, TWO THOUSAND TWENTY.
  S 4. This act shall take effect immediately.