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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.2 – Page 35

Rev. 4/2025 identify the suspected disability, the individual must participate in work activities without accommodation. Q.15 How would a district screen individuals for possible unidentified barriers? A.15 If the district chooses to screen to identify individuals whom they believe may possess unidentified barriers, it must decide what screening tool will be used. The screening tool must be properly validated for its intended purpose and must be administered by trained staff. The district must also decide who will be screened, the screening process including when in the client flow it will be administered, and what happens after screening. Individuals may not be required to participate until they have been properly informed and have agreed to be screened consistent with voluntary disclosure requirements. As with other claims of work limitations, if an individual claims to be exempt from participation in TA work activities, they must cooperate with efforts to document the exemption and failure to do so would result in case closure. Q.16 What are the special needs plans and how do they affect the exempt/non-exempt determination? A.16 Individuals who are eligible for an HIV special needs plan (HIV positive and in receipt of Medicaid) are to be considered as either disabled or work limited and their limitations must be accommodated. For example, the individual may have doctor’s appointments which must be considered when making an assignment. Additionally, activities that are part of the individual’s treatment plan may satisfy their employment requirements. Individuals are not required to disclose that they are HIV positive to the district, but if they do, the district must treat the information as protected, confidential information and may not disclose it without the individual’s express permission. Disability Review Procedure Q.17 Can a participant who claims to have health-related limitations be assigned to a work activity pending the completion of the disability review procedure? A.17 If the participant agrees, they may be assigned to an activity that accommodates the claimed limitations. As when assigning individuals with confirmed work limitations, the district must notify the work-site supervisor in writing of the claimed limitations, and the information should be presented in a manner that is easily understood and which does not disclose a specific diagnosis or disability. The district must also describe that the information is confidential and protected and is only to be used for the purpose of accommodating the individual’s limitations. Q.18 Can individuals who disagree with the district’s exempt/non-exempt determination contest the determination? A.18 If an individual does not agree with the district’s exempt/non-exempt determination, the individual may request a fair hearing within 10 days (for medical determinations) or 60