- A. A patient may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if the patient voluntarily agrees to perform the labor, engaging in the labor would not be inconsistent with the treatment plan for the patient, and the amount of time or effort necessary to perform the labor would not be excessive. In no event shall discharge or privileges be conditioned upon the performance of such labor.
- B. A patient who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise be required to employ someone, or who takes the place of an employee, shall be compensated appropriately and in accordance with applicable federal and state minimum wage laws, including minimum wage and minimum wage reduction provisions. The provisions herein shall not apply to bona fide "work therapy" which is a part of the treatment program.
- C. A patient who performs labor for a person or agency other than that described in subsection B of this section shall be compensated an appropriate amount if an economic benefit to the person or agency results from his labor. The patient shall be compensated an appropriate amount by such person or agency.
- D. The governing body of a facility may provide for compensation of a patient when he performs labor not governed by subsection B or C of this section including, but not limited to, tasks performed pursuant to a "work therapy" or a vocational training program. Tasks performed as "work therapy" or as vocational training shall be an integral part of the patient's individualized care and treatment plan. The amount of compensation may be set by the facility.
- E. Subsections A, B and C of this section shall not apply to labor of a personal housekeeping nature, nor to labor performed as a condition of residence in a small group living arrangement, nor tasks oriented to improving community living skills.
- F. Payment to patients pursuant to this section shall not be applied by the facility to offset the costs of maintenance of patients in the facility, unless a patient authorizes such payment or offset in writing.
Added by Laws 1980, c. 174, § 1, eff. October 1, 1980; Renumbered from § 191.1 by Laws 1986, c. 103, § 103, eff. November 1, 1986.