Assemblyman Fred W. Thiele, Jr. (I, D, WF, REF - Sag Harbor) announced that he passed a series of bills to help New Yorkers with disabilities lead full, independent lives by ensuring access to critical resources, expanding disability rights and encouraging more job opportunities. The legislative package was passed in recognition of this year’s Legislative Disabilities Awareness Day – May 29.

“People with disabilities face unique challenges; however, that shouldn’t prevent them from realizing the American Dream,” Assemblyman Thiele said. “We need to ensure these New Yorkers are treated with respect and equality and are given every opportunity to live independent lives and reach for their goals.”

Strengthening disability rights

People with disabilities may not only face physical and developmental challenges, but also numerous financial burdens, Assemblyman Thiele noted. To help manage these costs, the New York Achieving a Better Life Experience (NY ABLE) Program allows New Yorkers with disabilities and their families to save money in tax-advantaged accounts without impacting their eligibility for federal benefit programs like Supplemental Security Income (SSI) and Medicaid. This allows their earnings to grow tax-deferred and ensures they can withdraw their savings tax-free for any expenses related to their disability or intended to better their quality of life, including for education, health, housing and transportation purposes.

While NY ABLE is a critical resource, New York State has the second-lowest maximum account balance in the country, which prevents eligible participants from fully utilizing its many benefits.[1] To ensure we give as much assistance as possible, the Assembly passed a measure that would increase the allowable maximum account balance to an amount equal to the federally authorized level for the 529 College Savings Program, which is currently $520,000 (A.7473).

The Assembly’s legislative package also includes measures to fight discrimination, including a bill that would waive the state’s sovereign immunity with regard to application of the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938 and the Family and Medical Leave Act of 1993 as they apply to the protection of state employees (A.1092).

Further, the legislative package includes measures to:

• re-establish the Office of Advocate for People with Disabilities (A.4737); and
• require public officers and bodies to provide interpreters and assistive listening devices for deaf or hard of hearing individuals at public hearings under certain conditions (A.3385-A).

Helping New Yorkers with disabilities succeed in their education

To support New Yorkers with disabilities on their higher education journey, the Assembly legislation includes a bill that would reauthorize the current law that requires publishers or manufacturers of printed instructional materials for college students to provide them in electronic formats and make them available for purchase for students with disabilities (A.7251). The measure also requires that the electronic version is available at a cost comparable to the printed version.

Providing early access to election ballots

The legislative package includes a measure that would require the state Board of Elections to post a copy of a sample ballot, including electronically for use with a computer screen-reading program, on its website prior to each election as soon as the relevant information becomes available (A.163). This would allow voters to see the layout and options ahead of time and could reduce waiting time at the polls, Assemblyman Thiele noted.

“Election days can be extremely hectic and confusing,” Assemblyman Thiele said. “To ensure New Yorkers with disabilities can exercise their right to vote without added barriers, this legislation gives them a chance to prepare ahead of time.”

Improving emergency preparedness

To ensure New Yorkers with disabilities are protected in case of an emergency, the Assembly passed a measure that would aid localities in preparing for and responding to disasters by requiring counties with local emergency management plans to maintain a confidential registry of people of all ages with disabilities who may require evacuation assistance and shelter during a disaster (A.3923). Assemblyman Thiele noted that those with disabilities would be provided with the option to be included in the registry.

Encouraging job opportunities

Many individuals with disabilities strive to enter the workforce, but are faced with discrimination and are turned away even if they have the necessary skills, Assemblyman Thiele noted. In fact, the unemployment rate for people with disabilities is more than twice the rate of those without a disability.[2] To help level the playing field, the Assembly passed a measure that would establish a small-business tax credit for the employment of people with disabilities (A.7475).

“Far too often, employers only see the disability, not the person, during the hiring process and miss out on valuable candidates who could successfully do the job,” Assemblyman Thiele said. “It’s vital that we combat this problem and give people with disabilities the chance to work hard and gain independence.”

Ensuring public assistance and health care meet diverse needs

To strengthen services for those with disabilities, the Assembly passed measures to:

• require local social services districts, after considering certain factors, to give controlling weight to a recipient/applicant’s regular physician’s opinion when determining potential work limitations or exemptions due to a disability (A.4236); and
• require the Commissioner of Health to maintain specific reimbursement and billing procedures within Medicaid for complex rehabilitation technology (CRT) products and services to ensure that payments for such products and services permit adequate access to complex needs patients and take into account the significant resources, infrastructure and staff required to meet their needs (A.7492).

A small percentage of New Yorkers need CRT, or individually configured equipment, such as a customized wheelchair. Providing access to this technology can be the difference between immobility and independence, which is why this legislation is extremely vital, noted Assemblyman Thiele.

Helping New Yorkers with disabilities stay in their homes

The Assembly legislation also includes a bill that would create a tax credit for either new or retrofitted principal residences that are universally designed to be accessible and adaptable housing (A.2493).

“People with disabilities should be able to stay in the comfort of their home, surrounded by their family, friends and neighbors,” Assemblyman Thiele said. “By encouraging more accessible housing options, this legislation helps prevent people with disabilities from being forced to move into an expensive institution.”

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[1] ablenrc.org/state-review/new-york

[2] bls.gov/news.release/disabl.nr0.htm