S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4266
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI,  BARRON,  SEAWRIGHT -- read once and
   referred 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 ARTICLE, 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  ARTI-
 CLE.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01041-01-9

 A. 4266                             2
 
 ANY MENTAL OR PSYCHOLOGICAL DISORDER, SUCH AS  INTELLECTUAL  DISABILITY,
 ORGANIC BRAIN SYNDROME, EMOTIONAL OR MENTAL ILLNESS, AND SPECIFIC LEARN-
 ING DISABILITIES.
   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.
   § 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:
   § 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

 A. 4266                             3
 
 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.
   (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:

 A. 4266                             4
 
   (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;
   (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

 A. 4266                             5
 
 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 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.
   §  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

 A. 4266                             6
 
 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
 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.
   § 5. Section 335-a of the social services law is REPEALED.
   § 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

 A. 4266                             7
 
 of  its  local plan filed pursuant to section three hundred thirty-three
 of this title.
   (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] SUBDIVISION
 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.]
   § 7. Paragraphs (d) and (f) of subdivision 1 of  section  336  of  the
 social  services  law, paragraph (d) as amended by section 148 of part B
 of chapter 436 of the laws of 1997, and  paragraph  (f)  as  amended  by
 chapter 275 of the laws of 2017, 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-

 A. 4266                             8
 
 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
 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; and such  social  services  district
 may  work  in  cooperation with the department of labor to provide work-
 force guidance and information in accordance with section ten-c  of  the
 labor  law. HOWEVER, RECIPIENTS DETERMINED TO HAVE A DISABILITY PURSUANT
 TO SUBDIVISION TWO OF SECTION THREE HUNDRED THIRTY-TWO-B OF 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 INDIVIDUAL'S ASSESSMENT AS PART OF
 THEIR EMPLOYABILITY PLAN, THAT ADDITIONAL TIME IS NEEDED FOR SUCH  INDI-
 VIDUAL TO FIND GAINFUL EMPLOYMENT;
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.