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This entry was published on 2014-09-22
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Vocational programs; sheltered workshop industrial contract income
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
§ 41.39 Vocational programs; sheltered workshop industrial contract


(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.