§ 332-b. Disability program. 1. (a) Upon application and\nrecertification for public assistance benefits, or whenever a district\nhas reason to believe that a physical or mental impairment may prevent\nthe individual from fully engaging in work activities, the social\nservices district shall inquire whether the individual has any medical\ncondition which would limit the individual's ability to participate in\nwork activities pursuant to this title.\n (b) An individual who is eligible to receive comprehensive health\nservices through a special needs plan defined in paragraph (m) or (n) of\nsubdivision one of section three hundred sixty-four-j of this chapter,\nregardless of whether such a plan is operating in the individual's\nsocial services district of residence, shall be considered disabled and\nunable to engage in work activities or shall be considered work-limited.\n 2. (a) Under the circumstances set forth in subdivision one of this\nsection, notice shall be provided to the individual of the opportunity\nto provide, within ten calendar days, any relevant medical\ndocumentation, including but not limited to drug prescriptions and\nreports of the individual's treating health care practitioner, if any;\nsuch documentation must contain a specific diagnosis as evidenced by\nmedically appropriate tests or evaluations and must particularize any\nwork related limitations as a result of any such diagnosis.\n (b) If, prior to submitting his or her medical documentation, the\nindividual is referred to a health care practitioner certified by the\noffice of disability determinations of the office of temporary and\ndisability assistance or, if applicable, to the contracted agency or\ninstitution by or with which such health care practitioner is employed\nor affiliated for an examination pursuant to subdivision four of this\nsection, such individual shall make best efforts to bring such\ndocumentation to the examination, and in no case shall provide such\nrecords to the examining health care practitioner certified by the\noffice of disability determinations or, if applicable, to the contracted\nagency or institution by or with which such health care practitioner is\nemployed or affiliated later than four business days after such\nexamination; provided that the individual may demonstrate good cause as\ndefined in regulations, for failure to provide such records within the\nspecific time periods.\n 3. The district may in its sole discretion accept such documentation\nas sufficient evidence that the individual cannot fully engage in work\nactivities and in such case shall modify work assignments consistent\nwith the findings in such medical documents.\n 4. In instances where the district determines either that the\ndocumentation is insufficient to support an exemption from or limitation\non work activities or that further medical evaluation is appropriate,\nthe individual shall be referred to a health care practitioner certified\nby the Office of Disability Determinations of the Department of Social\nServices for an examination of such individual's medical condition.\n The health care practitioner who performs the examination of the\nindividual shall:\n (a) review and consider all records or information provided by the\nindividual or his or her treating health care practitioner that are\npertinent to the claimed medical condition;\n (b) make a specific diagnosis as evidenced by medically appropriate\ntests or evaluations in determination of the individual's claimed\ncondition;\n (c) render to the individual and the social services district, an\nopinion, particularizing the presence or absence of the alleged\ncondition; and\n (d) In the event that he or she identifies a condition, other than the\nalleged condition, that may interfere with the individual's ability to\nfully engage in work activities, the practitioner shall report such\ncondition; and\n (e) determine whether the individual is:\n (i) disabled and unable to engage i
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