NY A05959

Establishes the "Employment First Choice Act" allowing individuals with developmental disabilities currently in nonintegrated settings (such as sheltered workshops) to choose to remain in those settings rather than being required to transition to integrated employment.

Requires the Commissioner of Developmental Disabilities to grant accommodations for individuals to stay in nonintegrated settings, with the option to require completion of at least one of the following every five years: a vocational assessment, a trial integrated work experience, outreach and education services, or a benefits counseling consultation.

Permits the Commissioner to consider an individual's documented medical condition posing an immediate and serious threat to health or safety as an alternative basis for granting accommodation to remain in a nonintegrated setting.

Ensures individuals granted accommodation to remain in nonintegrated settings continue to receive services and maintain eligibility for benefits substantially similar to those they would receive in integrated settings, without diminished access to services under Social Services Law Title Eleven.

Directs the Commissioner to amend and resubmit New York's employment plan to the Federal Centers for Medicare and Medicaid Services to secure continued federal funding for prevocational services and sheltered workshop settings.