New York S 3472: 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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S03472 Summary:

BILL NOS03472 

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SAME ASSAME AS A04494

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SPONSORHELMING

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COSPNSRBORRELLO, GALLIVAN

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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 S03472 Actions:

BILL NOS03472 

&nbsp

01/27/2025REFERRED TO MENTAL HEALTH

01/07/2026REFERRED TO MENTAL HEALTH

Go to topS03472 Committee&nbspVotes:

Go to topS03472 Floor&nbspVotes:

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

Go to topS03472 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3472

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sens. HELMING, BORRELLO, GALLIVAN -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Mental Health

 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

 S. 3472 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 accordance with regulations promulgated by the commissioner.
 19 The primary purpose of a vocational assessment shall be to determine an
 20 individual's interests, strengths and abilities, in order to identify a
 21 suitable match between the individual and a com