New York A 4494: Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances

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A04494 Summary:

BILL NOA04494 

&nbsp

SAME ASSAME AS S03472

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SPONSORGallahan

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COSPNSRGiglio

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MLTSPNSR

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Add §16.02, Ment Hyg L

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Enacts the "employment first choice act" to ensure that an individual with developmental disabilities in a nonintegrated setting shall have the right to remain in such a setting under certain circumstances.

Go to top A04494 Actions:

BILL NOA04494 

&nbsp

02/04/2025referred to people with disabilities

05/20/2025held for consideration in people with disabilities

01/07/2026referred to people with disabilities

Go to topA04494 Committee&nbspVotes:

Committee:PEOPLE WITH DISABILITIES Chair:Santabarbara 
DATE:05/20/2025AYE/NAY:7/2 Action: Held for Consideration SantabarbaraAyeGiglioNay

EpsteinAyeSempolinskiNay

McMahonAye

AndersonAye

BurdickAye

ZinermanAye

CarrollAye

Go to topA04494 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04494 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4494

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
 tee on People with Disabilities

 AN ACT to amend the mental hygiene law, in relation to directing the
 commissioner of developmental disabilities to establish a procedure
 through which persons with developmental disabilities may choose to
 remain in a nonintegrated setting

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "employment first choice act".
 3 § 2. Legislative intent. The legislature hereby supports increasing
 4 access to integrated employment settings for individuals with develop-
 5 mental disabilities. The legislature additionally finds, however, that
 6 the policy to increase integrated employment opportunities shall not
 7 preclude an individual's right to choose either an integrated or nonin-
 8 tegrated setting in accordance with such individual's personal wishes.
 9 Furthermore, the legislature supports an individual's informed choice to
 10 remain in a nonintegrated setting in order to, among other personal
 11 priorities, retain friendships, continue their participation in their
 12 community as they so choose, and, in some instances, maintain their
 13 ability to earn a paycheck.
 14 The legislature, therefore, finds that individuals with developmental
 15 disabilities, who currently participate in a nonintegrated setting,
 16 should be allowed to choose to remain in such a setting. To require such
 17 individuals to transition out of this chosen environment undermines the
 18 guiding Supreme Court decision in Olmstead v. L.C., which held that the
 19 Americans with Disabilities Act of 1990 requires placement of individ-
 20 uals with developmental disabilities in integrated settings rather than
 21 nonintegrated settings, but only when such a transfer is not opposed by
 22 the affected individual. The legislature, therefore, declares this act

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07364-01-5

 A. 4494 2

 1 to be a priority of the state's actions affecting individuals with
 2 developmental disabilities.
 3 § 3. The mental hygiene law is amended by adding a new section 16.02
 4 to read as follows:
 5 § 16.02 Individual's right of choice.
 6 Any individual with a developmental disability who is participating in
 7 a nonintegrated setting including, but not limited to, a sheltered work-
 8 shop, and who makes an informed choice to remain in a nonintegrated
 9 setting may seek accommodation from the commissioner to allow such
 10 placement, provided that pending such request the individual may remain
 11 in the nonintegrated setting. For purposes of this section, an "informed
 12 choice" includes the informed choice of an individual or of an individ-
 13 ual's personal representative.
 14 (a) Accommodations shall be granted at the discretion of the commis-
 15 sioner, who may also require that the individual has completed at least
 16 one of the following:
 17 (1) Participation in at least one vocational assessment every five
 18 years in accordan