Section 41.39. Vocational programs; sheltered workshop industrial contract income  


Latest version.
  • (a) The commissioner of mental health and the commissioner  of  mental
      retardation  and  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  or  unified  services  plan.  In  no  event  shall  any
      combination of income including state  aid  exceed  the  total  cost  of
      operation of such sheltered workshop.