N.Y. Comp. Codes R. & Regs. tit. 18 § 368.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 368.6 - Planning for employment, rehabilitation and training-aid to the disabled

(a) The social services district shall, when circumstances so require, provide:

(1) Medical and other diagnostic examinations, when not otherwise obtainable, for the purpose of determining an applicant's or recipient's eligibility or potential for rehabilitation or training.

(2) Medical care, when not available through other agencies, to assist in restoring a recipient to a condition of self-support.

(b) The social services official shall:

(1) Require an applicant or recipient, as a condition of eligibility for assistance and care, to:

(i) undergo a medical examination or other diagnostic assessment necessary for the purpose of determining his eligibility or suitability for training or rehabilitation.

(ii) accept referral to or enroll in a program of vocational rehabilitation or training when such as deemed appropriate and when the recipient has no reasonable objection.

(2) Require an unemployed applicant or recipient who has a known history of drug abuse and who is unable to provide medical verification necessary for him to be declared employable, to accept referral to and to participate in an approved treatment program in accord with the following:

(i) if the applicant or recipient is known to or has a preference for a particular recognized agency, his choice shall be given consideration;

(ii) if enrollment in a treatment agency of his choice is not available, he must choose enrollment in an agency where placement is immediate until an opening occurs in his preferred agency; and

(iii) an individual who refuses treatment from a recognized agency or makes himself unavailable for treatment or terminated his treatment program shall be considered ineligible for public assistance and such ineligibility shall continue until the individual has demonstrated his willingness to cooperate by actual participation in an approved treatment program for a period of 30 days; except that where an individual is destitute, and shelter and maintenance are not otherwise available, they shall be provided on an in-kind basis during the 30 day period.

(3) Refer to the local agency's services division to deal with personal factors, such as personality, behavior characteristics, attitude to work, or lack of skills and family problems which prevent or limit persons in their achievement of stable employment.

(4) Identify the possible need for help from public and voluntary agencies and other community resources, in the field of vocational rehabilitation, health, vocation and educational facilities and programs including such agencies as rehabilitation centers and workshops, cooperating hospitals or clinics, community action agencies and neighborhood centers and refer the recipient to the local agency's division of services for such help.

(5) Insure that staff is informed of the functions and services of available training and rehabilitation services, both public and private.

(6) Identify the recipient's need for literacy training and refer to the local agency's division of services for such help.

(7) Identify each marginally and potentially employable person and refer to the local agency's division of services for the restoration of health, aptitude, and capabilities or the development of new aptitudes and skills so that they may receive manpower services.

(8) Identify the recipient's need for restorative medical services including provision of hearing aids, eye glasses and prosthetic devices through the MA program and refer to the local agency's division of services when such services are not available through the MA program.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 368.6