Assemblywoman Stacey Pheffer Amato (D-South Queens) announced that she helped pass a legislative package to help ensure equality and fairness for New Yorkers with disabilities by strengthening anti-discrimination protections and improving access to critical resources. The package was passed through the Assembly last week in recognition of this year’s Legislative Disabilities Awareness Day, which is May 30.

“New Yorkers with disabilities have faced and overcome challenges many of us can’t even imagine,” Pheffer Amato said. “They embody our New York values of resilience, determination and perseverance. We must do everything in our power to ensure these individuals have the opportunity to live a full life and are treated with dignity and respect.”

Protecting disability rights

The Assembly legislation includes a measure 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.2546). The legislation would also provide factors to be considered when the health care practitioner utilized by the local social services district examines an applicant for or recipient of public assistance with regard to a possible work limitation or exemption due to a disability; require such health care practitioner utilized by the local social services district to provide an explicit written determination and to present evidence when their diagnosis differs from that of the treating health care practitioner (A.3045).

Another bill re-establishes the Office of the Advocate for People with Disabilities to advocate on behalf of persons with disabilities and ensure that they are afforded the opportunity to exercise all of the rights and responsibilities accorded to all citizens of the state of New York, including the opportunity to live an independent life in their local community (A.10706). And to better protect people with disabilities from housing discrimination, a measure would clarify that reasonable accommodation to enable a person with a disability to use and enjoy a dwelling includes the use of an animal to alleviate the symptoms or effects of a disability (A.7283).

“Each and every New Yorker is different, but we’re all equals,” Pheffer Amato said. “Far too often, though, people with disabilities are discriminated against. It isn’t acceptable. This legislation takes steps toward true equality by making sure everyone is protected under the law and not denied their basic rights.”

Improving safety and emergency preparedness

The Assembly’s legislative package includes measures to help ensure that New Yorkers with disabilities are properly protected in case of an emergency by:

• requiring every high-rise building owner to establish and maintain an emergency evacuation plan for disabled occupants and visitors. Additionally, this bill would require the owners of such buildings to maintain and update the emergency evacuation plan for persons with disabilities as necessary and ensure that such plan is readily available to emergency personnel (A.10201); and
• aiding 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. People would be provided with the option to be included in the registry (A.6865).

Supporting veterans

To better assist veterans with service-related disabilities, the Assembly legislation includes a measure that would establish the New York State Interagency Coordinating Council for Service-Disabled Veterans, define the powers and duties of the council and require an annual report (A.5931-A). This council would play a critical role in helping the brave men and women who became disabled serving their country get the support and resources they deserve, Pheffer Amato said.

Strengthening opportunities

Those with disabilities often face challenges, especially discrimination, when trying to enter the workforce, Pheffer Amato noted. The unemployment rate of people with disabilities is significantly higher than those without a disability.1 To help combat this inequality, the Assembly passed a measure that would establish a small business tax credit for the employment of people with disabilities (A.1369-A).

“New Yorkers with disabilities deserve the opportunity to work hard, earn a living and lead independent lives,” Pheffer Amato said. “Unfortunately, some employers just see a disability, not a person, and may miss out on a valuable hire who has the skills needed. This legislation helps level the playing field and boosts small businesses.”

Ensuring access to vital equipment

A small percentage of New Yorkers need individually configured equipment, known as complex rehabilitation technology (CRT), such as a customized wheelchair. CRT can be the difference between immobility and independence, Pheffer Amato noted. It’s vital that patients have access to this technology so they can live without pain, maintain their independence and avoid being institutionalized. That’s why the Assembly passed a bill that would require the Commissioner of Health to maintain specific reimbursement and billing procedures within Medicaid for CRT products and services to ensure that payments for such products and services permit adequate access to complex needs patients and takes into account the significant resources, infrastructure and staff needed to meet their needs (A.10604).

Helping New Yorkers with disabilities stay in their homes

The Assembly package includes two measures to provide tax credits for homeowners who make their homes more accessible for people with disabilities. The first tax credit would provide an incentive for owners of residential buildings to retrofit homes for access for people with disabilities (A.5333-A). The second tax credit would be for either new or retrofitted principal residences which are universally designed to be accessible and adaptable housing (A.10668).

“By encouraging homeowners to make these changes, we’re helping people with disabilities remain in their homes and their communities,” Pheffer Amato said. “That way, they can continue to be surrounded by their friends and family, rather than entering an expensive institution.”

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1. bls.gov/news.release/disabl.nr0.htm