N.Y.
Mental Hygiene Law Section 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
Source:
Section 13.41 — Integrated employment plan, https://www.nysenate.gov/legislation/laws/MHY/13.41 (updated Apr. 22, 2016; accessed May 18, 2024).
