NY State Senate Bill 2015-S6612

Senate Bill S6612

2015-2016 Legislative Session

Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2016	referred to mental health and developmental disabilities

co-Sponsors

View additional co-sponsors

2015-S6612 (ACTIVE) - Details

See Assembly Version of this Bill:: A10481
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §16.02, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4534, A6158
2019-2020: S3143
2021-2022: S2182
2023-2024: S3480

2015-S6612 (ACTIVE) - Summary

2015-S6612 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6612

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to preserve the right of individuals with
developmental disabilities to choose to remain in a nonintegrated
setting. The bill also directs the Commissioner of the Office for
People With Developmental Disabilities to modify the State's agreement
on the closure of nonintegrated settings with the Centers for Medicare
and Medicaid Services, to allow for informed choice and to safeguard
the continued receipt of pertinent federal Medicaid funds.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 establishes the act to be known as the "Employment First
Choice Act."

Section 2 states the legislative intent of the act, which is to
preserve an individual's right to choose whether to remain in a
nonintegrated setting.

Section 3 adds a new section 16.02 to article 16 of the mental hygiene
law, to direct the Commissioner of the Office for People With
Developmental Disabilities to establish a procedure for granting
accommodations to individuals who choose to remain in a nonintegrated
setting. This section also provides for the continued receipt of
services regardless of the choice of setting.

Section 4 directs the Commissioner of the Office for People With
Developmental Disabilities to resubmit its final New York plan to
increase competitive employment opportunities for people with
developmental disabilities, in order to continue eligibility for
federal funding for prevocational services.

Section 5 establishes the effective date.

 JUSTIFICATION :

According to the New York State Office for People with Developmental
Disabilities' ("OPWDD") report to the legislature pursuant to chapter
60 of the laws of 2014 (the "Report"), New York State plans to fully
eliminate funding for nonintegrated settings, including sheltered
workshops, over the next six years. Therefore, all individuals now in
nonintegrated settings, irrespective of their wishes, will be required
to leave those facilities by 2020 or 2021. Many individuals with
developmental disabilities depend on these settings to socialize, to
earn a paycheck, and to improve and maintain their functional and
vocational skills.

Further, in its Report, OPWDD estimates that only half of the current
approximately 8,000 workshop participants will transition to an
integrated work setting when nonintegrated settings are discontinued.
The remaining participants will likely choose not to join an
integrated work setting because the setting is not appropriate for
their unique needs and does not fit into their individualized service
plan. The disruption and hardship that will be experienced by some
individuals who currently participate in a nonintegrated setting, but
who do not want to transition to any other activity, is alarming.
While these concerns were raised numerous times by public participants
in the twelve community dialogues held by OPWDD in 2014, this issue
was not addressed or resolved in the Report.
This result is contrary to the clear wording of the guiding U.S.
Supreme Court decision in Olmstead v. L.C., which held that states are
required to place individuals with developmental disabilities in
community settings rather than in institutions when, among other
conditions, "the transfer from institutional care to a less
restrictive setting is not opposed by the affected individual . . . ."

New York's rural areas, which extend through much of the State, pose
additional challenges that may further limit an individual's choice,
making the choice to remain in a nonintegrated setting even more
important to preserve. An absence of competitive employment
opportunities may prevent an individual from realizing the choice to
participate in an integrated setting. In addition, and also specific
to rural areas throughout the State, alternatives to employment are
limited, and some individuals may be transferred from a nonintegrated
setting to simply staying at home. As such, individuals who either
cannot obtain integrated employment and would prefer nonintegrated
employment to other alternatives, or who choose to remain in a
nonintegrated setting altogether, are at risk of being divested of
their most meaningful or engaging activity should a nonintegrated
environment be unavailable.

This bill, therefore, preserves the right of individuals with
developmental disabilities to choose to remain in a nonintegrated
setting. The bill also directs the Commissioner of OPWDD to modify the
State's agreement on the closure of nonintegrated settings with the
Centers for Medicare and Medicaid Services, to allow for informed
choice and to safeguard the continued receipt of pertinent federal
Medicaid funds.

Finally, and critically, the bill echoes the intent of the U.S.
Supreme Court's decision in Olmstead v. L.C. as well as the provisions
of the Rhode Island Consent Decree. This landmark agreement between
the U.S. Department of Justice and the State of Rhode Island strongly
encourages integrated and competitive employment, but recognizes the
right of individuals with developmental disabilities who are current
sheltered workshop participants to remain in that setting if they
choose to do so.  Importantly, the bill also mirrors the Rhode Island
Consent Decree's process for making such an informed choice.

 LEGISLATIVE HISTORY :

2015:S.3893-B

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6612 (ACTIVE) - Bill Text download pdf

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

                                  6612

                            I N  S E N A T E

                            February 1, 2016
                               ___________

Introduced  by  Sens.  RITCHIE,  YOUNG,  AKSHAR, AVELLA, BONACIC, BOYLE,
  CARLUCCI, CROCI, GALLIVAN, LAVALLE, MURPHY,  NOZZOLIO,  O'MARA,  ORTT,
  SEWARD,  VALESKY -- (at request of the Legislative Commission on Rural
  Resources) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Mental Health and Developmental Disabil-
  ities

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

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

                                                           LBD09273-07-6

S. 6612                             2

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:
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.

S. 6612                             3

  (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
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.