2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) LOCAL SERVICES
41.39 - Vocational programs; sheltered workshop industrial contract income.

§ 41.39 Vocational  programs;  sheltered  workshop  industrial  contract
            income.
    (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.