N.Y. Mental Hygiene Law § 13.41: Integrated employment plan

* § 13.41 Integrated employment plan.

(a) The commissioner, in consultation with the developmental

disabilities advisory council, shall establish a plan to increase

employment opportunities for people with developmental disabilities. The

plan shall include, but not be limited to:

(1) identification of strategies to increase competitive employment

opportunities for individuals with developmental disabilities, including

students transitioning from educational programs;

(2) data concerning job retention among individuals with developmental

disabilities and the identification of strategies to increase job

retention;

(3) identification of models of integrated employment promoting, to

the greatest extent possible, individuals with developmental

disabilities working alongside individuals without disabilities,

including considerations of ability levels, critical life transitions

and appropriate options;

(4) strategies for assisting individuals in transitioning from

sheltered workshop programs to competitive employment;

(5) partnerships with business communities and senior services to

assist in increasing the availability of competitive employment for

older adults;

(6) identification of means to assist individuals with significant

behavioral or medical needs in preparing for and moving towards

integrated employment;

(7) technical assistance, compliance and transition assistance

procedures for existing providers who seek to transition to competitive

and/or integrated employment models; and

(8) assessments of funding and necessary supports for individuals and

providers.

(b) The commissioner, in consultation with the developmental

disabilities advisory council, shall develop the plan with input from

stakeholders, including individuals with developmental disabilities,

parents and guardians of individuals with developmental disabilities,

advocates and providers of services for individuals with developmental

disabilities.

(c) The plan required pursuant to this section shall be developed and

submitted to the temporary president of the senate and speaker of the

assembly and posted on the website of the office for people with

developmental disabilities within one hundred eighty days of the centers

for medicare and medicaid services' approval of the plan to increase

competitive employment opportunities for people with developmental

disabilities.

(d) Individuals with developmental disabilities who were employed in

sheltered workshops on or after July first, two thousand thirteen who

are not interested in working or who are not able to work in a

provider-owned business or private business in the community shall, to

the extent practicable and in accordance with the principles of

person-centered planning, be afforded the option of receiving other

services of the office, including, but not limited to pathway to

employment, community prevocational, day habilitation, community

habilitation and self-directed services. The provision of such services

shall consider, but not be limited to, the following factors:

(1) assessment of the individual's skills, including social behavior,

ability to handle stress, ability to work with others, job performance,

communication skills, work ethic, and interests;

(2) assessment of the individual's situation, including transportation

needs, family supports, and physical and mental health; and

(3) creation of opportunities to explore different community and

volunteer experiences to obtain information that will be used to create

a person-centered plan.

(e) For individuals with developmental disabilities who were employed

in sheltered workshops on or after July first, two thousand thirteen

interested in retirement, office services shall focus on connecting

individuals to retirement-related activities, including participating in

senior and community center activities, and other local activities for

retirees.

* NB There are 2 § 13.41's