§ 332-b. Disability program. 1. (a) Upon application and
recertification for public assistance benefits, or whenever a district
has reason to believe that a physical or mental impairment may prevent
the individual from fully engaging in work activities, the social
services district shall inquire whether the individual has any medical
condition which would limit the individual's ability to participate in
work activities pursuant to this title.

(b) An individual who is eligible to receive comprehensive health
services through a special needs plan defined in paragraph (m) or (n) of
subdivision one of section three hundred sixty-four-j of this chapter,
regardless of whether such a plan is operating in the individual's
social services district of residence, shall be considered disabled and
unable to engage in work activities or shall be considered work-limited.

2. (a) Under the circumstances set forth in subdivision one of this
section, notice shall be provided to the individual of the opportunity
to provide, within ten calendar days, any relevant medical
documentation, including but not limited to drug prescriptions and
reports of the individual's treating health care practitioner, if any;
such documentation must contain a specific diagnosis as evidenced by
medically appropriate tests or evaluations and must particularize any
work related limitations as a result of any such diagnosis.

(b) If, prior to submitting his or her medical documentation, the
individual is referred to a health care practitioner certified by the
office of disability determinations of the office of temporary and
disability assistance or, if applicable, to the contracted agency or
institution by or with which such health care practitioner is employed
or affiliated for an examination pursuant to subdivision four of this
section, such individual shall make best efforts to bring such
documentation to the examination, and in no case shall provide such
records to the examining health care practitioner certified by the
office of disability determinations or, if applicable, to the contracted
agency or institution by or with which such health care practitioner is
employed or affiliated later than four business days after such
examination; provided that the individual may demonstrate good cause as
defined in regulations, for failure to provide such records within the
specific time periods.

3. The district may in its sole discretion accept such documentation
as sufficient evidence that the individual cannot fully engage in work
activities and in such case shall modify work assignments consistent
with the findings in such medical documents.

4. In instances where the district determines either that the
documentation is insufficient to support an exemption from or limitation
on work activities or that further medical evaluation is appropriate,
the individual shall be referred to a health care practitioner certified
by the Office of Disability Determinations of the Department of Social
Services for an examination of such individual's medical condition.

The health care practitioner who performs the examination of the
individual shall:

(a) review and consider all records or information provided by the
individual or his or her treating health care practitioner that are
pertinent to the claimed medical condition;

(b) make a specific diagnosis as evidenced by medically appropriate
tests or evaluations in determination of the individual's claimed
condition;

(c) render to the individual and the social services district, an
opinion, particularizing the presence or absence of the alleged
condition; and

(d) In the event that he or she identifies a condition, other than the
alleged condition, that may interfere with the individual's ability to
fully engage in work activities, the practitioner shall report such
condition; and

(e) determine whether the individual is:

(i) disabled and unable to engage in work activities pursuant to this
title for a stated period of time, in which case the applicant shall be
exempt in accordance with paragraph (a) of subdivision one of section
three hundred thirty-two of this title;

(ii) for a stated period of time, not disabled, but work limited, and
able to engage in work activities pursuant to this title, with stated
limitations, or

(iii) neither disabled nor work limited.

4-a. If the practitioner to whom the individual is referred pursuant
to subdivision four or paragraph (b) of subdivision two of this section
issues an opinion that differs from the applicant's treating health care
practitioner, the practitioner shall provide a written determination
that specifies why the practitioner disagrees with the applicant's
treating health care practitioner's disability determination and present
evidence that supports the opinion.

5. When an applicant or recipient has requested or a social services
official has directed a determination pursuant to this section, no
assignment to work activities may be made until completion of such
determination, unless the applicant or recipient agrees to a limited
work assignment not inconsistent with the medical condition alleged by
such person.

6. When an applicant or recipient receives notification of the
examining medical professional's disability determination, he or she
shall also be notified of his or her right to request a fair hearing
within ten days of such notice. If such applicant timely requests a fair
hearing, no assignment to work activities pursuant to this title may be
made pending such hearing and determination unless the applicant or
recipient agrees to a limited work assignment not inconsistent with the
medical condition alleged by such person. Provided, however, that if a
social services district has reason to believe that such recipient or
applicant does not actually suffer from a work limiting condition, the
district shall provide the applicant or recipient with notice of
potential sanctions pursuant to subdivision three of section three
hundred forty-two of this title, and provided further that recipients
will be subject to sanctions pursuant to subdivision three of section
three hundred forty-two of this title if the district determines, based
on clear medical evidence, that there is no basis for the individual's
claim that he or she is unable to fully engage in work activities, and
that the individual intentionally misrepresented his or her medical
condition.

7. Any applicant or recipient determined to be work limited pursuant
to this section may be assigned to work activities only in accordance
with the limitations and protections set forth in paragraph (e) of
subdivision five of section three hundred thirty-five-b of this title.