S T A T E O F N E W Y O R K
________________________________________________________________________
7780
I N S E N A T E
May 12, 2016
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to public assist-
ance employment programs for disabled persons; and repealing certain
provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 131 of the social services law is amended by adding
a new subdivision 21 to read as follows:
21. IN ADDITION TO ANY REQUIREMENTS IN SECTION THREE HUNDRED
THIRTY-TWO-B OF THIS CHAPTER, IF AT ANY TIME A LOCAL SOCIAL SERVICES
DISTRICT HAS REASON TO BELIEVE THAT AN APPLICANT FOR OR RECIPIENT OF
PUBLIC ASSISTANCE HAS A DISABILITY, WHICH MAY BE EVIDENCED BY THE FACT
THAT AN INDIVIDUAL HAS FAILED TO SUCCESSFULLY COMPLETE THE PROCESS
REQUIRED TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE, SUCH LOCAL
SOCIAL SERVICES DISTRICT SHALL OFFER REASONABLE ACCOMMODATIONS TO ASSIST
THE INDIVIDUAL IN SUCCESSFULLY COMPLETING SUCH PROCESSES. FOR THE
PURPOSES OF THIS SUBDIVISION, "DISABILITY" SHALL HAVE THE SAME MEANING
AS SET FORTH IN SUBDIVISION FIVE OF SECTION THREE HUNDRED THIRTY OF THIS
ARTICLE.
S 2. Subdivision 5 of section 330 of the social services law is renum-
bered subdivision 9 and four new subdivisions 5, 6, 7, and 8 are added
to read as follows:
5. "DISABILITY" SHALL MEAN A PHYSICAL OR MENTAL IMPAIRMENT THAT
SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES OF AN INDIVIDUAL.
6. "PHYSICAL OR MENTAL IMPAIRMENT" SHALL INCLUDE BUT NOT BE LIMITED TO
ANY PHYSIOLOGICAL DISORDER OR CONDITION, COSMETIC DISFIGUREMENT, OR
ANATOMICAL LOSS AFFECTING ONE OR MORE BODY SYSTEMS, SUCH AS NEUROLOGI-
CAL, MUSCULOSKELETAL, SPECIAL SENSE ORGANS, RESPIRATORY (INCLUDING
SPEECH ORGANS), CARDIOVASCULAR, REPRODUCTIVE, DIGESTIVE, GENITOURINARY,
IMMUNE, CIRCULATORY, HEMIC, LYMPHATIC, SKIN AND ENDOCRINE, AS WELL AS
ANY MENTAL OR PSYCHOLOGICAL DISORDER, SUCH AS INTELLECTUAL DISABILITY,
ORGANIC BRAIN SYNDROME, EMOTIONAL OR MENTAL ILLNESS, AND SPECIFIC LEARN-
ING DISABILITIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15272-01-6
S. 7780 2
7. "MAJOR LIFE ACTIVITY" SHALL INCLUDE BUT NOT BE LIMITED TO CARING
FOR ONESELF, PERFORMING MANUAL TASKS, SEEING, HEARING, EATING, SLEEPING,
WALKING, STANDING, SITTING, REACHING, LIFTING, BENDING, SPEAKING,
BREATHING, LEARNING, READING, CONCENTRATING, THINKING, COMMUNICATING,
INTERACTING WITH OTHERS, WORKING, AS WELL AS THE OPERATION OF MAJOR
BODILY FUNCTIONS, INCLUDING FUNCTIONS OF THE IMMUNE SYSTEM, SPECIAL
SENSE ORGANS AND SKIN, NORMAL CELL GROWTH, DIGESTIVE, GENITOURINARY,
BOWEL, BLADDER, NEUROLOGICAL, BRAIN, RESPIRATORY, CIRCULATORY, CARDIO-
VASCULAR, ENDOCRINE, HEMIC, LYMPHATIC, MUSCULOSKELETAL, AND REPRODUCTIVE
FUNCTIONS.
8. "EXECUTIVE FUNCTION" SHALL MEAN A SET OF MENTAL SKILLS AND PROC-
ESSES UTILIZED IN AN INDIVIDUAL'S DAILY ACTIVITIES, INCLUDING BUT NOT
LIMITED TO, IMPULSE CONTROL, WORKING MEMORY AND MENTAL FLEXIBILITY.
S 3. Section 332-b of the social services law, as added by section 148
of part B of chapter 436 of the laws of 1997, paragraph (b) of subdivi-
sion 2 as amended by chapter 214 of the laws of 1998 and subdivision 4-a
as added by section 1 of part Y of chapter 54 of the laws of 2016, is
amended to read as follows:
S 332-b. Disability program. 1. (a) Upon application and recertif-
ication for public assistance benefits, or whenever a district has
reason to believe that a [physical or mental impairment] DISABILITY may
prevent the individual from SUCCESSFULLY COMPLETING ANY PROCESS REQUIRED
IN TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE OR fully engaging
in work activities, the social services district shall inquire whether
the individual has any [medical condition] DISABILITY which would limit
the individual's ability to SUCCESSFULLY COMPLETE ANY PROCESS REQUIRED
TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE OR 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]
ARTICLE, regardless of whether such a plan is operating in the individ-
ual's social services district of residence, shall be considered disa-
bled and unable to engage in work activities or shall be considered
work-limited.
(C) A LOCAL SOCIAL SERVICES DISTRICT THAT UTILIZES A SCREENING OR ANY
OTHER FORM OF ASSESSMENT TO DETERMINE WHETHER OR NOT AN INDIVIDUAL HAS A
DISABILITY SHALL NOT CONDITION THE ELIGIBILITY OF BENEFITS ON THE WILL-
INGNESS OR FAILURE OF AN INDIVIDUAL TO COMPLETE SUCH SCREENING OR
ASSESSMENT. ANY SCREENING OR ASSESSMENT OFFERED IN A LOCAL SOCIAL
SERVICES DISTRICT SHALL BE COMPLETED SOLELY AT THE OPTION OF THE APPLI-
CANT FOR OR RECIPIENT OF BENEFITS AND SUCH APPLICANT OR RECIPIENT SHALL
NOT BE DENIED, SANCTIONED, OR TERMINATED FROM BENEFITS ON THE GROUND
THAT HE OR SHE DECLINED TO COMPLETE SUCH ASSESSMENT OR SCREENING OR
DECLINED OR FAILED TO PARTICIPATE IN OR OBTAIN A PROFESSIONAL EVALU-
ATION.
2. (a) [Under the circumstances set forth in subdivision one of this
section] IF AN APPLICANT FOR OR RECIPIENT OF PUBLIC ASSISTANCE HAS
SELF-IDENTIFIED AS HAVING A DISABILITY, WRITTEN notice shall be provided
to the individual of the opportunity to provide, within [ten] FIFTEEN
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 evalu-
ations and must particularize any work related limitations as a result
of any such diagnosis.
S. 7780 3
(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 disa-
bility assistance or, if applicable, to the contracted agency or insti-
tution 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 documen-
tation to the examination, and in no case shall provide such records to
the examining health care practitioner certified by the office of disa-
bility 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] AT THE TIME SUCH WRITTEN NOTICE IS PROVIDED, THE INDIVID-
UAL DOES NOT HAVE ANY RELEVANT MEDICAL DOCUMENTATION DESCRIBED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, THE INDIVIDUAL SHALL BE REFERRED TO AN
INDEPENDENT HEALTH CARE PRACTITIONER OR TO A HEALTH CARE PRACTITIONER
CERTIFIED BY THE OFFICE OF DISABILITY DETERMINATIONS OF THE DEPARTMENT
OF SOCIAL SERVICES FOR AN EXAMINATION AS DESCRIBED IN SUBDIVISION THREE
OF THIS SECTION.
[3.] (C) The district [may in its sole discretion] SHALL accept such
MEDICAL documentation as DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION,
THAT CONTAINS A SPECIFIC DIAGNOSIS AS EVIDENCED BY MEDICALLY APPROPRIATE
TESTS OR EVALUATIONS 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.
3. THE HEALTH CARE PRACTITIONER WHO PERFORMS THE PROFESSIONAL EVALU-
ATION AS DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
(A) REVIEW AND CONSIDER ALL RECORDS OR INFORMATION PROVIDED BY THE
INDIVIDUAL OR ANY RECORDS OR INFORMATION THAT ARE PERTINENT TO THE
CLAIMED MEDICAL CONDITION PREVIOUSLY ON FILE WITH THE HEALTH CARE PRAC-
TITIONER IF SUCH HEALTH CARE PRACTITIONER IS THE INDIVIDUAL'S PRIMARY
TREATING PHYSICIAN;
(B) MAKE A SPECIFIC DIAGNOSIS AS TO WHETHER THE INDIVIDUAL HAS A DISA-
BLING CONDITION AS EVIDENCED BY MEDICALLY APPROPRIATE TESTS OR EVALU-
ATIONS;
(C) BASED ON THE HEALTH CARE PRACTITIONER'S SPECIFIC DIAGNOSIS, DETER-
MINE WHETHER THE INDIVIDUAL IS:
(I) DISABLED AND UNABLE TO ENGAGE IN WORK ACTIVITIES PURSUANT TO THIS
TITLE INDEFINITELY OR FOR A STATED PERIOD OF TIME, IN WHICH CASE THE
APPLICANT OR RECIPIENT SHALL BE EXEMPT IN ACCORDANCE WITH PARAGRAPH (A)
OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THIS TITLE;
(II) DISABLED BUT ABLE TO ENGAGE IN WORK LIMITED ACTIVITIES WITH STAT-
ED LIMITATIONS PURSUANT TO THIS TITLE INDEFINITELY OR FOR A STATED PERI-
OD OF TIME;
(III) DISABLED BUT ABLE TO FULLY ENGAGE IN WORK ACTIVITIES PURSUANT TO
THIS TITLE WITHOUT LIMITATIONS EITHER INDEFINITELY OR FOR A STATED PERI-
OD OF TIME; OR
(IV) NOT DISABLED;
(D) RENDER TO THE INDIVIDUAL AND THE LOCAL SOCIAL SERVICES DISTRICT
WITHIN TEN DAYS OF THE INDIVIDUAL'S APPOINTMENT:
(I) THEIR DETERMINATION BASED ON MEDICALLY APPROPRIATE TESTS OR EVALU-
ATIONS;
(II) WHETHER SUCH INDIVIDUAL HAS A DISABILITY;
(III) THE SEVERITY OF THE DISABILITY, IF ONE EXISTS;
S. 7780 4
(IV) THE FUNCTIONAL LIMITATIONS RESULTING FROM THAT DISABILITY, IF
ANY;
(V) WHAT ACCOMMODATIONS, IF ANY, ARE APPROPRIATE AND NECESSARY; AND
(E) IN THE EVENT THAT THE HEALTH CARE PRACTITIONER IDENTIFIES A CONDI-
TION, OTHER THAN THE ALLEGED CONDITION, THAT MAY INTERFERE WITH THE
INDIVIDUAL'S ABILITY TO SUCCESSFULLY NAVIGATE THE APPLICATION PROCESS OR
FULLY ENGAGE IN WORK ACTIVITIES, THE PRACTITIONER SHALL REPORT SUCH
CONDITION TO THE INDIVIDUAL AND THE DISTRICT AS WELL; AND
(F) IF, DURING THE PROFESSIONAL EVALUATION IT IS DETERMINED THAT AN
INDIVIDUAL HAS A DISABILITY, THE DISTRICT SHALL BE REQUIRED TO OFFER
REASONABLE ACCOMMODATIONS NOT ONLY IN THE CONTEXT OF A RECIPIENT'S
REQUIRED WORK ACTIVITY, BUT ALSO WITH REGARDS TO ANY OTHER PROCESS
REQUIRED IN CONNECTION WITH RECEIVING PUBLIC ASSISTANCE.
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 indi-
vidual 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 condi-
tion;
(c) render to the individual and the social services district, an
opinion, particularizing the presence or absence of the alleged condi-
tion; 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.
S. 7780 5
6. When an applicant or recipient receives notification of the examin-
ing 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 hear-
ing, 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 sanc-
tions 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 individ-
ual 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.]
7. EVERY LOCAL SOCIAL SERVICES DISTRICT SHALL ENSURE THAT APPLICANTS
FOR OR RECIPIENTS OF PUBLIC ASSISTANCE WHO HAVE A DISABILITY ARE
PROVIDED REASONABLE ACCOMMODATIONS AS REQUIRED BY 42 U.S.C. 12101 ET
SEQ., 29 U.S.C. 794, ARTICLE FIFTEEN OF THE EXECUTIVE LAW, OR ANY OTHER
STATE OR FEDERAL LAW, RULE, OR REGULATION.
S 4. The section heading and subdivisions 1 and 2 of section 335 of
the social services law, the section heading and subdivision 2 as
amended by section 148 of part B of chapter 436 of the laws of 1997, and
subdivision 1 as amended by chapter 214 of the laws of 1998, are amended
to read as follows:
Assessments and employability plans for certain recipients [in house-
holds with dependent children] OF PUBLIC ASSISTANCE. 1. Each social
services official shall ensure that each recipient of public assistance
who is [a member of a household with dependent children and is] eighteen
years of age or older, or who is sixteen or seventeen years of age and
is not attending secondary school and has not completed high school or a
high school equivalency program, receives an assessment of employability
based on his or her educational level, including literacy and English
language proficiency, basic skills proficiency, ACCESS TO child care,
ANY IDENTIFIED OR KNOWN DISABILITY THAT LIMIT A MAJOR LIFE ACTIVITY,
NECESSARY AND REASONABLE ACCOMMODATIONS REQUIRED PURSUANT TO SUBDIVISION
SIX OF SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE and other
supportive services needs[; and], skills, prior work experience, train-
ing and vocational interests, AS WELL AS THE PARTICIPANT'S WORK PREFER-
ENCES. This assessment shall include a review of family circumstances
including a review of any special needs of a child. Such assessment
shall be completed within [ninety] THIRTY days of the date on which such
person is determined eligible for public assistance. An applicant for or
recipient of public assistance may be assigned to work activities prior
to completion of such assessment, PROVIDED THAT SUCH WORK ACTIVITY TAKES
INTO CONSIDERATION ANY NECESSARY AND REASONABLE ACCOMMODATIONS INDICATED
BY THE HEALTH CARE PRACTITIONER'S DETERMINATION IN ACCORDANCE WITH
SUBDIVISION THREE, OR ANY OTHER REASONABLE ACCOMMODATION REQUIRED IN
S. 7780 6
ACCORDANCE WITH SUBDIVISIONS TWO AND SIX OF SECTION THREE HUNDRED THIR-
TY-TWO-B OF THIS TITLE.
2. (a) Based on the assessment required by subdivision one of this
section, the social services official, in consultation with the partic-
ipant, shall develop an employability plan in writing which shall set
forth the services that will be provided by the social services offi-
cial, including but not limited to child care and other services and the
activities in which the participant will take part, including child care
and other services and shall set forth an employment goal for the
participant AND HOW THEIR ASSIGNED WORK ACTIVITIES AND SERVICES WILL
HELP THEM ACHIEVE THAT GOAL. [To the extent possible, the] THE employa-
bility plan shall reflect the preferences of the participant in a manner
that is consistent with the results of the participant's assessment and
the need of the social services district to meet federal and state work
activity participation requirements, and, if such preferences cannot be
accommodated, the reasons shall be specified in the employability plan.
The employability plan shall also take into account the participant's
supportive services needs, available program resources, local employment
opportunities, and where the social services official is considering an
educational activity assignment for such participant, the participant's
liability for student loans, grants and scholarship awards. [The] A
WRITTEN COPY OF THE employability plan shall be explained AND PROVIDED
to the participant. Any change to the participant's employability plan
required by the social services official shall be PROVIDED IN WRITING,
discussed with the participant and shall be documented in writing. NO
LESS THAN ONCE PER YEAR, THE DISTRICT SHALL BE REQUIRED TO REVISIT THE
PARTICIPANT'S EMPLOYABILITY PLAN AND ASSESS WHETHER THEIR ASSIGNED WORK
ACTIVITIES AND SERVICES ARE SUCCESSFULLY ASSISTING THE INDIVIDUAL IN
WORKING TOWARD OR REACHING THEIR EMPLOYMENT GOAL. IF THE DISTRICT DETER-
MINES THAT THE ASSIGNED WORK ACTIVITIES AND SERVICES ARE NOT ASSISTING
THE INDIVIDUAL IN WORKING TOWARD OR MEETING THEIR EMPLOYMENT GOALS BASED
ON THEIR ASSESSMENT AND INPUT FROM THE PARTICIPANT, THEN THE DISTRICT
SHALL REASSIGN THE PARTICIPANT TO A NEW WORK ACTIVITY THAT IS BETTER
TARGETED TOWARD REACHING THEIR EMPLOYMENT GOALS. PROVIDED HOWEVER, IF
SUCH INDIVIDUAL IS PARTICIPATING IN AN ACTIVITY INCLUDING BUT NOT LIMIT-
ED TO EDUCATIONAL OR JOB TRAINING WHERE ADDITIONAL TIME IS NEEDED IN THE
SPECIFIC WORK ACTIVITY FOR THE PARTICIPANT TO REACH THEIR EMPLOYMENT
GOAL, THE PARTICIPANT SHALL REMAIN IN THE PARTICULAR WORK ACTIVITY, AND
THE WORK ACTIVITY SHALL BE REASSESSED AT A LATER DATE.
(b) Where an assessment indicates that a participant who is not
subject to the education requirements of subdivision four of section
three hundred thirty-six-a of this title has not attained a basic liter-
acy level, the social services official shall encourage and may require
the participant to enter a program to achieve basic literacy or high
school equivalency or to enter such educational programs in combination
with other training activities consistent with the employability plan.
S 5. Section 335-a of the social services law is REPEALED.
S 6. Subdivisions 5 and 6 of section 335-b of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997,
are amended to read as follows:
5. (a) Each parent or caretaker of a child, when such parent or care-
taker is receiving public assistance, must be engaged in work as estab-
lished by the social services district in accordance with the provisions
of its local plan filed pursuant to section three hundred thirty-three
of this title.
S. 7780 7
(b) Each social services official shall ensure that each parent or
caretaker of a child, when such parent or caretaker is receiving bene-
fits under the federal temporary assistance for needy families program,
is required to be engaged in work as soon as practicable, but no later
than twenty-four months (whether or not consecutive) from initial
receipt of such assistance.
(c) Each social services official shall ensure that each parent or
caretaker of a child, when such parent or caretaker is receiving public
assistance, is engaged in work as soon as practicable.
(d) Each social services official shall ensure that each adult member
of a household without dependents, when such household is receiving
public assistance is engaged in work as soon as practicable.
(e) Notwithstanding any other requirement of this section, individuals
in receipt of public assistance and who are DETERMINED TO HAVE A DISA-
BILITY AND CATEGORIZED AS EITHER work limited OR DISABLED BUT ABLE TO
FULLY ENGAGE IN WORK ACTIVITIES in accordance with section three hundred
thirty-two-b of this title shall NOT be assigned to work activities in
accordance with this title [only if] UNLESS such assignment[:
(i)] is consistent with the individual's treatment plan [and is deter-
mined to] DEVELOPED BY THE SOCIAL SERVICES DISTRICT BASED ON FINDINGS
ESTABLISHED BY THE INDIVIDUAL'S TREATING HEALTH CARE PRACTITIONER THAT
MADE THE DISABILITY DETERMINATION PURSUANT TO SUBDIVISION THREE OF
SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE. SUCH TREATMENT PLAN
SHALL be appropriate [by the social services official who is satisfied
that] AND CONSISTENT WITH LIMITATIONS PRESCRIBED BY THE TREATING HEALTH
CARE PRACTITIONER IN ORDER FOR such person [is] TO BE able to perform
the work assigned and [that] such assignment will assist the individ-
ual's transition to self-sufficiency. In the event that such assignment
is not part of the individual's treatment plan, the individual shall be
deemed to be engaged in work as defined in this subsection if he or she
is complying with the requirements of his or her treatment plan.
[(ii) where no treatment plan exists, is consistent with the individ-
ual's mental and physical limitations.
(f)] The social services district shall communicate ANY LIMITATIONS OR
NECESSARY ACCOMMODATIONS to the person supervising the work assignment
of [a work limited recipient any limitations of the recipient] AN INDI-
VIDUAL DETERMINED TO HAVE A DISABILITY AND CATEGORIZED AS EITHER WORK
LIMITED OR DISABLED BUT ABLE TO FULLY ENGAGE IN WORK ACTIVITIES IN
ACCORDANCE WITH SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE.
[6. Recipients of safety net assistance who are exempt or work limited
pursuant to this title shall be determined to be engaged in work as
defined by department regulation.]
S 7. Paragraphs (d) and (f) of subdivision 1 of section 336 of the
social services law, as amended by section 148 of part B of chapter 436
of the laws of 1997, are amended to read as follows:
(d) work experience in the public sector or non-profit sector,
[(including work associated with refurbishing publicly assisted housing)
if sufficient private sector employment is not available] THAT PROVIDES
AN INDIVIDUAL WITH AN OPPORTUNITY TO ACQUIRE THE GENERAL SKILLS, KNOW-
LEDGE, AND WORK HABITS NECESSARY TO IMPROVE BOTH THE EMPLOYABILITY OF
THE INDIVIDUAL AND THEIR ABILITY TO OBTAIN EMPLOYMENT. SUCH PROGRAMS
PROVIDING WORK EXPERIENCE SHALL FOCUS ON PROVIDING A CONTINUUM OF EDUCA-
TION AND OCCUPATIONAL TRAINING, INCLUDING APPLICABLE AND BENEFICIAL
CERTIFICATIONS AND/OR LICENSURES, WHICH WILL LINK TO SUBSEQUENT EMPLOY-
MENT. WHEN POSSIBLE, EDUCATION AND OCCUPATIONAL TRAINING SHALL BE
FOCUSED TOWARD EMPLOYMENT OPPORTUNITIES IN EMERGING AND EXPANDING FIELDS
S. 7780 8
WITHIN A RELATIVE GEOGRAPHIC LOCATION. SUCH PROGRAMS SHALL ALSO FOCUS ON
EXECUTIVE FUNCTION DEFICITS AS DEFINED IN SUBDIVISION EIGHT OF SECTION
THREE HUNDRED THIRTY OF THIS TITLE, AND PROVIDE TARGETED EDUCATION AND
SKILLS DEVELOPMENT OPPORTUNITIES TO ASSIST INDIVIDUALS IN OVERCOMING
SUCH DEFICIENCIES;
(f) job search and job readiness assistance, provided that job search
is an active and continuing effort to secure employment configured by
the local social services official. HOWEVER, RECIPIENTS DETERMINED TO
HAVE A DISABILITY PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
THIRTY-TWO-B OF THE THIS TITLE, SHALL BE LIMITED TO PARTICIPATE IN SUCH
WORK ACTIVITY FOR A PERIOD NOT TO EXCEED SIX WEEKS IN ANY ONE CALENDAR
YEAR, UNLESS THE DISTRICT HAS MADE A SPECIFIC FINDING THROUGH THE INDI-
VIDUAL'S ASSESSMENT AS PART OF THEIR EMPLOYABILITY PLAN, THAT ADDITIONAL
TIME IS NEEDED FOR SUCH INDIVIDUAL TO FIND GAINFUL EMPLOYMENT;
S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that if subdivision 4-a
of section 332-b of the social services law shall not have taken effect
on or before such date, section three of this act shall take effect on
the same date as such subdivision takes effect pursuant to section 1 of
part Y of chapter 54 of the laws of 2016.
