Bill Text: NY A04266 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to public assistance employment programs for disabled persons.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - referred to social services [A04266 Detail]
Download: New_York-2019-A04266-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4266 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 131 of the social services law is amended by adding 2 a new subdivision 21 to read as follows: 3 21. In addition to any requirements in section three hundred thirty- 4 two-b of this article, if at any time a local social services district 5 has reason to believe that an applicant for or recipient of public 6 assistance has a disability, which may be evidenced by the fact that an 7 individual has failed to successfully complete the process required to 8 receive or continue to receive public assistance, such local social 9 services district shall offer reasonable accommodations to assist the 10 individual in successfully completing such processes. For the purposes 11 of this subdivision, "disability" shall have the same meaning as set 12 forth in subdivision five of section three hundred thirty of this arti- 13 cle. 14 § 2. Subdivision 5 of section 330 of the social services law is renum- 15 bered subdivision 9 and four new subdivisions 5, 6, 7, and 8 are added 16 to read as follows: 17 5. "Disability" shall mean a physical or mental impairment that 18 substantially limits one or more major life activities of an individual. 19 6. "Physical or mental impairment" shall include but not be limited to 20 any physiological disorder or condition, cosmetic disfigurement, or 21 anatomical loss affecting one or more body systems, such as neurologi- 22 cal, musculoskeletal, special sense organs, respiratory (including 23 speech organs), cardiovascular, reproductive, digestive, genitourinary, 24 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. LBD01041-01-9A. 4266 2 1 any mental or psychological disorder, such as intellectual disability, 2 organic brain syndrome, emotional or mental illness, and specific learn- 3 ing disabilities. 4 7. "Major life activity" shall include but not be limited to caring 5 for oneself, performing manual tasks, seeing, hearing, eating, sleeping, 6 walking, standing, sitting, reaching, lifting, bending, speaking, 7 breathing, learning, reading, concentrating, thinking, communicating, 8 interacting with others, working, as well as the operation of major 9 bodily functions, including functions of the immune system, special 10 sense organs and skin, normal cell growth, digestive, genitourinary, 11 bowel, bladder, neurological, brain, respiratory, circulatory, cardio- 12 vascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive 13 functions. 14 8. "Executive function" shall mean a set of mental skills and proc- 15 esses utilized in an individual's daily activities, including but not 16 limited to, impulse control, working memory and mental flexibility. 17 § 3. Section 332-b of the social services law, as added by section 148 18 of part B of chapter 436 of the laws of 1997, paragraph (b) of subdivi- 19 sion 2 as amended by chapter 214 of the laws of 1998 and subdivision 4-a 20 as added by section 1 of part Y of chapter 54 of the laws of 2016, is 21 amended to read as follows: 22 § 332-b. Disability program. 1. (a) Upon application and recertif- 23 ication for public assistance benefits, or whenever a district has 24 reason to believe that a [physical or mental impairment] disability may 25 prevent the individual from successfully completing any process required 26 in to receive or continue to receive public assistance or fully engaging 27 in work activities, the social services district shall inquire whether 28 the individual has any [medical condition] disability which would limit 29 the individual's ability to successfully complete any process required 30 to receive or continue to receive public assistance or participate in 31 work activities pursuant to this title. 32 (b) An individual who is eligible to receive comprehensive health 33 services through a special needs plan defined in paragraph (m) or (n) of 34 subdivision one of section three hundred sixty-four-j of this [chapter] 35 article, regardless of whether such a plan is operating in the individ- 36 ual's social services district of residence, shall be considered disa- 37 bled and unable to engage in work activities or shall be considered 38 work-limited. 39 (c) A local social services district that utilizes a screening or any 40 other form of assessment to determine whether or not an individual has a 41 disability shall not condition the eligibility of benefits on the will- 42 ingness or failure of an individual to complete such screening or 43 assessment. Any screening or assessment offered in a local social 44 services district shall be completed solely at the option of the appli- 45 cant for or recipient of benefits and such applicant or recipient shall 46 not be denied, sanctioned, or terminated from benefits on the ground 47 that he or she declined to complete such assessment or screening or 48 declined or failed to participate in or obtain a professional evalu- 49 ation. 50 2. (a) [Under the circumstances set forth in subdivision one of this51section] If an applicant for or recipient of public assistance has self- 52 identified as having a disability, written notice shall be provided to 53 the individual of the opportunity to provide, within [ten] fifteen 54 calendar days, any relevant medical documentation, including but not 55 limited to drug prescriptions and reports of the individual's treating 56 health care practitioner, if any; such documentation must contain aA. 4266 3 1 specific diagnosis as evidenced by medically appropriate tests or evalu- 2 ations and must particularize any work related limitations as a result 3 of any such diagnosis. 4 (b) If, [prior to submitting his or her medical documentation, the5individual is referred to a health care practitioner certified by the6office of disability determinations of the office of temporary and disa-7bility assistance or, if applicable, to the contracted agency or insti-8tution by or with which such health care practitioner is employed or9affiliated for an examination pursuant to subdivision four of this10section, such individual shall make best efforts to bring such documen-11tation to the examination, and in no case shall provide such records to12the examining health care practitioner certified by the office of disa-13bility determinations or, if applicable, to the contracted agency or14institution by or with which such health care practitioner is employed15or affiliated later than four business days after such examination;16provided that the individual may demonstrate good cause as defined in17regulations, for failure to provide such records within the specific18time periods] at the time such written notice is provided, the individ- 19 ual does not have any relevant medical documentation described in para- 20 graph (a) of this subdivision, the individual shall be referred to an 21 independent health care practitioner or to a health care practitioner 22 certified by the Office of Disability Determinations of the Department 23 of Social Services for an examination as described in subdivision three 24 of this section. 25 [3.] (c) The district [may in its sole discretion] shall accept such 26 medical documentation as described in paragraph (a) of this subdivision, 27 that contains a specific diagnosis as evidenced by medically appropriate 28 tests or evaluations as sufficient evidence that the individual cannot 29 fully engage in work activities and in such case shall modify work 30 assignments consistent with the findings in such medical documents. 31 3. The health care practitioner who performs the professional evalu- 32 ation as described in paragraph (d) of this subdivision shall: 33 (a) review and consider all records or information provided by the 34 individual or any records or information that are pertinent to the 35 claimed medical condition previously on file with the health care prac- 36 titioner if such health care practitioner is the individual's primary 37 treating physician; 38 (b) make a specific diagnosis as to whether the individual has a disa- 39 bling condition as evidenced by medically appropriate tests or evalu- 40 ations; 41 (c) based on the health care practitioner's specific diagnosis, deter- 42 mine whether the individual is: 43 (i) disabled and unable to engage in work activities pursuant to this 44 title indefinitely or for a stated period of time, in which case the 45 applicant or recipient shall be exempt in accordance with paragraph (a) 46 of subdivision one of section three hundred thirty-two of this title; 47 (ii) disabled but able to engage in work limited activities with stat- 48 ed limitations pursuant to this title indefinitely or for a stated peri- 49 od of time; 50 (iii) disabled but able to fully engage in work activities pursuant to 51 this title without limitations either indefinitely or for a stated peri- 52 od of time; or 53 (iv) not disabled; 54 (d) render to the individual and the local social services district 55 within ten days of the individual's appointment:A. 4266 4 1 (i) their determination based on medically appropriate tests or evalu- 2 ations; 3 (ii) whether such individual has a disability; 4 (iii) the severity of the disability, if one exists; 5 (iv) the functional limitations resulting from that disability, if 6 any; 7 (v) what accommodations, if any, are appropriate and necessary; and 8 (e) in the event that the health care practitioner identifies a condi- 9 tion, other than the alleged condition, that may interfere with the 10 individual's ability to successfully navigate the application process or 11 fully engage in work activities, the practitioner shall report such 12 condition to the individual and the district as well; and 13 (f) if, during the professional evaluation it is determined that an 14 individual has a disability, the district shall be required to offer 15 reasonable accommodations not only in the context of a recipient's 16 required work activity, but also with regards to any other process 17 required in connection with receiving public assistance. 18 4. [In instances where the district determines either that the19documentation is insufficient to support an exemption from or limitation20on work activities or that further medical evaluation is appropriate,21the individual shall be referred to a health care practitioner certified22by the Office of Disability Determinations of the Department of Social23Services for an examination of such individual's medical condition.24The health care practitioner who performs the examination of the indi-25vidual shall:26(a) review and consider all records or information provided by the27individual or his or her treating health care practitioner that are28pertinent to the claimed medical condition;29(b) make a specific diagnosis as evidenced by medically appropriate30tests or evaluations in determination of the individual's claimed condi-31tion;32(c) render to the individual and the social services district, an33opinion, particularizing the presence or absence of the alleged condi-34tion; and35(d) In the event that he or she identifies a condition, other than the36alleged condition, that may interfere with the individual's ability to37fully engage in work activities, the practitioner shall report such38condition; and39(e) determine whether the individual is:40(i) disabled and unable to engage in work activities pursuant to this41title for a stated period of time, in which case the applicant shall be42exempt in accordance with paragraph (a) of subdivision one of section43three hundred thirty-two of this title;44(ii) for a stated period of time, not disabled, but work limited, and45able to engage in work activities pursuant to this title, with stated46limitations, or47(iii) neither disabled nor work limited.484-a.] If the practitioner to whom the individual is referred pursuant 49 to [subdivision four or] paragraph (b) of subdivision two of this 50 section issues an opinion that differs from the applicant's treating 51 health care practitioner, the practitioner shall provide a written 52 determination that specifies why the practitioner disagrees with the 53 applicant's treating health care practitioner's disability determination 54 and present evidence that supports the opinion. 55 5. When an applicant or recipient has requested or a social services 56 official has directed a determination pursuant to this section, noA. 4266 5 1 assignment to work activities may be made until completion of such 2 determination, unless the applicant or recipient agrees to a limited 3 work assignment not inconsistent with the medical condition alleged by 4 such person. 5 6. When an applicant or recipient receives notification of the examin- 6 ing medical professional's disability determination, he or she shall 7 also be notified of his or her right to request a fair hearing within 8 ten days of such notice. If such applicant timely requests a fair hear- 9 ing, no assignment to work activities pursuant to this title may be made 10 pending such hearing and determination unless the applicant or recipient 11 agrees to a limited work assignment not inconsistent with the medical 12 condition alleged by such person. [Provided, however, that if a social13services district has reason to believe that such recipient or applicant14does not actually suffer from a work limiting condition, the district15shall provide the applicant or recipient with notice of potential sanc-16tions pursuant to subdivision three of section three hundred forty-two17of this title, and provided further that recipients will be subject to18sanctions pursuant to subdivision three of section three hundred forty-19two of this title if the district determines, based on clear medical20evidence, that there is no basis for the individual's claim that he or21she is unable to fully engage in work activities, and that the individ-22ual intentionally misrepresented his or her medical condition.237. Any applicant or recipient determined to be work limited pursuant24to this section may be assigned to work activities only in accordance25with the limitations and protections set forth in paragraph (e) of26subdivision five of section three hundred thirty-five-b of this title.] 27 7. Every local social services district shall ensure that applicants 28 for or recipients of public assistance who have a disability are 29 provided reasonable accommodations as required by 42 U.S.C. 12101 et 30 seq., 29 U.S.C. 794, article fifteen of the executive law, or any other 31 state or federal law, rule, or regulation. 32 § 4. The section heading and subdivisions 1 and 2 of section 335 of 33 the social services law, the section heading and subdivision 2 as 34 amended by section 148 of part B of chapter 436 of the laws of 1997, and 35 subdivision 1 as amended by chapter 214 of the laws of 1998, are amended 36 to read as follows: 37 Assessments and employability plans for certain recipients [in house-38holds with dependent children] of public assistance. 1. Each social 39 services official shall ensure that each recipient of public assistance 40 who is [a member of a household with dependent children and is] eighteen 41 years of age or older, or who is sixteen or seventeen years of age and 42 is not attending secondary school and has not completed high school or a 43 high school equivalency program, receives an assessment of employability 44 based on his or her educational level, including literacy and English 45 language proficiency, basic skills proficiency, access to child care, 46 any identified or known disability that limit a major life activity, 47 necessary and reasonable accommodations required pursuant to subdivision 48 six of section three hundred thirty-two-b of this title and other 49 supportive services needs[; and], skills, prior work experience, train- 50 ing and vocational interests, as well as the participant's work prefer- 51 ences. This assessment shall include a review of family circumstances 52 including a review of any special needs of a child. Such assessment 53 shall be completed within [ninety] thirty days of the date on which such 54 person is determined eligible for public assistance. An applicant for or 55 recipient of public assistance may be assigned to work activities prior 56 to completion of such assessment, provided that such work activity takesA. 4266 6 1 into consideration any necessary and reasonable accommodations indicated 2 by the health care practitioner's determination in accordance with 3 subdivision three, or any other reasonable accommodation required in 4 accordance with subdivisions two and six of section three hundred thir- 5 ty-two-b of this title. 6 2. (a) Based on the assessment required by subdivision one of this 7 section, the social services official, in consultation with the partic- 8 ipant, shall develop an employability plan in writing which shall set 9 forth the services that will be provided by the social services offi- 10 cial, including but not limited to child care and other services and the 11 activities in which the participant will take part, including child care 12 and other services and shall set forth an employment goal for the 13 participant and how their assigned work activities and services will 14 help them achieve that goal. [To the extent possible, the] The employa- 15 bility plan shall reflect the preferences of the participant in a manner 16 that is consistent with the results of the participant's assessment and 17 the need of the social services district to meet federal and state work 18 activity participation requirements, and, if such preferences cannot be 19 accommodated, the reasons shall be specified in the employability plan. 20 The employability plan shall also take into account the participant's 21 supportive services needs, available program resources, local employment 22 opportunities, and where the social services official is considering an 23 educational activity assignment for such participant, the participant's 24 liability for student loans, grants and scholarship awards. [The] A 25 written copy of the employability plan shall be explained and provided 26 to the participant. Any change to the participant's employability plan 27 required by the social services official shall be provided in writing, 28 discussed with the participant and shall be documented in writing. No 29 less than once per year, the district shall be required to revisit the 30 participant's employability plan and assess whether their assigned work 31 activities and services are successfully assisting the individual in 32 working toward or reaching their employment goal. If the district deter- 33 mines that the assigned work activities and services are not assisting 34 the individual in working toward or meeting their employment goals based 35 on their assessment and input from the participant, then the district 36 shall reassign the participant to a new work activity that is better 37 targeted toward reaching their employment goals. Provided however, if 38 such individual is participating in an activity including but not limit- 39 ed to educational or job training where additional time is needed in the 40 specific work activity for the participant to reach their employment 41 goal, the participant shall remain in the particular work activity, and 42 the work activity shall be reassessed at a later date. 43 (b) Where an assessment indicates that a participant who is not 44 subject to the education requirements of subdivision four of section 45 three hundred thirty-six-a of this title has not attained a basic liter- 46 acy level, the social services official shall encourage and may require 47 the participant to enter a program to achieve basic literacy or high 48 school equivalency or to enter such educational programs in combination 49 with other training activities consistent with the employability plan. 50 § 5. Section 335-a of the social services law is REPEALED. 51 § 6. Subdivisions 5 and 6 of section 335-b of the social services law, 52 as added by section 148 of part B of chapter 436 of the laws of 1997, 53 are amended to read as follows: 54 5. (a) Each parent or caretaker of a child, when such parent or care- 55 taker is receiving public assistance, must be engaged in work as estab- 56 lished by the social services district in accordance with the provisionsA. 4266 7 1 of its local plan filed pursuant to section three hundred thirty-three 2 of this title. 3 (b) Each social services official shall ensure that each parent or 4 caretaker of a child, when such parent or caretaker is receiving bene- 5 fits under the federal temporary assistance for needy families program, 6 is required to be engaged in work as soon as practicable, but no later 7 than twenty-four months (whether or not consecutive) from initial 8 receipt of such assistance. 9 (c) Each social services official shall ensure that each parent or 10 caretaker of a child, when such parent or caretaker is receiving public 11 assistance, is engaged in work as soon as practicable. 12 (d) Each social services official shall ensure that each adult member 13 of a household without dependents, when such household is receiving 14 public assistance is engaged in work as soon as practicable. 15 (e) Notwithstanding any other requirement of this section, individuals 16 in receipt of public assistance and who are determined to have a disa- 17 bility and categorized as either work limited or disabled but able to 18 fully engage in work activities in accordance with section three hundred 19 thirty-two-b of this title shall not be assigned to work activities in 20 accordance with this title [only if] unless such assignment[:21(i)] is consistent with the individual's treatment plan [and is deter-22mined to] developed by the social services district based on findings 23 established by the individual's treating health care practitioner that 24 made the disability determination pursuant to subdivision three of 25 section three hundred thirty-two-b of this title. Such treatment plan 26 shall be appropriate [by the social services official who is satisfied27that] and consistent with limitations prescribed by the treating health 28 care practitioner in order for such person [is] to be able to perform 29 the work assigned and [that] such assignment will assist the individ- 30 ual's transition to self-sufficiency. In the event that such assignment 31 is not part of the individual's treatment plan, the individual shall be 32 deemed to be engaged in work as defined in this [subsection] subdivision 33 if he or she is complying with the requirements of his or her treatment 34 plan. 35 [(ii) where no treatment plan exists, is consistent with the individ-36ual's mental and physical limitations.37(f)] The social services district shall communicate any limitations or 38 necessary accommodations to the person supervising the work assignment 39 of [a work limited recipient any limitations of the recipient] an indi- 40 vidual determined to have a disability and categorized as either work 41 limited or disabled but able to fully engage in work activities in 42 accordance with section three hundred thirty-two-b of this title. 43 [6. Recipients of safety net assistance who are exempt or work limited44pursuant to this title shall be determined to be engaged in work as45defined by department regulation.] 46 § 7. Paragraphs (d) and (f) of subdivision 1 of section 336 of the 47 social services law, paragraph (d) as amended by section 148 of part B 48 of chapter 436 of the laws of 1997, and paragraph (f) as amended by 49 chapter 275 of the laws of 2017, are amended to read as follows: 50 (d) work experience in the public sector or non-profit sector, 51 [(including work associated with refurbishing publicly assisted housing)52if sufficient private sector employment is not available] that provides 53 an individual with an opportunity to acquire the general skills, know- 54 ledge, and work habits necessary to improve both the employability of 55 the individual and their ability to obtain employment. Such programs 56 providing work experience shall focus on providing a continuum of educa-A. 4266 8 1 tion and occupational training, including applicable and beneficial 2 certifications and/or licensures, which will link to subsequent employ- 3 ment. When possible, education and occupational training shall be 4 focused toward employment opportunities in emerging and expanding fields 5 within a relative geographic location. Such programs shall also focus on 6 executive function deficits as defined in subdivision eight of section 7 three hundred thirty of this title, and provide targeted education and 8 skills development opportunities to assist individuals in overcoming 9 such deficiencies; 10 (f) job search and job readiness assistance, provided that job search 11 is an active and continuing effort to secure employment configured by 12 the local social services official; and such social services district 13 may work in cooperation with the department of labor to provide work- 14 force guidance and information in accordance with section ten-c of the 15 labor law. However, recipients determined to have a disability pursuant 16 to subdivision two of section three hundred thirty-two-b of this title, 17 shall be limited to participate in such work activity for a period not 18 to exceed six weeks in any one calendar year, unless the district has 19 made a specific finding through the individual's assessment as part of 20 their employability plan, that additional time is needed for such indi- 21 vidual to find gainful employment; 22 § 8. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law.
