N.Y. Mental Hygiene Law § 41.39: Vocational programs; sheltered workshop industrial contract income

§ 41.39 Vocational programs; sheltered workshop industrial contract

income.

(a) The commissioner of mental health and the commissioner of

developmental disabilities shall, consistent with the state integrated

employment implementation plan developed pursuant to subdivision two of

section one thousand four-b of the education law, and subject to

appropriations made therefor, to develop and support services that

provide individuals with mental disabilities the opportunity to learn

and develop employment related skills and work experience, including but

not limited to sheltered workshops and integrated employment

opportunities, including supported employment, as provided pursuant to

sections one thousand four-a and one thousand four-b of the education

law. Such programs shall, to the extent possible:

1. be integrated with and not duplicate employment programs provided

through the state education department and shall ensure that funding

provided pursuant to this subdivision is not used for the provision of

services that are the responsibility of other state agencies pursuant to

the plan developed pursuant to subdivision two of section one thousand

four-b of the education law;

2. provide an array of rehabilitation and support services necessary

to meet the individual's vocational and career developmental needs;

3. integrate the office's vocational programs and other needed support

services including but not limited to: clinical, social, case

management, residential and transportation services to ensure

flexibility in meeting the needs of individuals in transition between

program models; and

4. provide each individual with the appropriate supports to achieve

and maintain employment in the most integrated setting appropriate,

while maximizing each individuals personal strengths and preferences.

(b) Notwithstanding any other provisions of this article, income

realized by a voluntary not-for-profit agency from industrial contracts

entered into pursuant to its operation of a sheltered workshop shall be

matched dollar for dollar by an office of the department of mental

hygiene through direct contract with the agency provided that no part of

the expenses of such sheltered workshop are claimed through a contract

with the local governmental unit which is receiving funding for

reimbursement of such expenses from the same office of the department

provided that such sheltered workshop is operating in accordance with an

approved local services plan. In no event shall any combination of

income including state aid exceed the total cost of operation of such

sheltered workshop.