S311-2013 - NY Senate Open Legislation - Requires applicants for public assistance to be fully informed that they may be liable to reimburse the state for benefits received

Requires applicants for public assistance to be fully informed, orally and in writing, that they may be liable to reimburse the state for benefits received; requires an informed acknowledgment form to be signed by the applicant and kept in the applicant's file.

Sponsor: DIAZ / Co-sponsor(s): AVELLA, ESPAILLAT, SAMPSON
Law Section: Social Services Law / Law: Add S110-b, Soc Serv L

S311-2013 Actions

Mar 5, 2013: ADVANCED TO THIRD READING
Mar 4, 2013: 2ND REPORT CAL.
Feb 28, 2013: 1ST REPORT CAL.143
Jan 9, 2013: REFERRED TO SOCIAL SERVICES

S311-2013 Meetings

Social Services: Feb 28, 2013

S311-2013 Calendars

S311-2013 Votes

VOTE: COMMITTEE VOTE: - Social Services - Feb 28, 2013

Ayes (3): Farley, Sanders, Squadron
Ayes W/R (2): Smith, Martins
Nays (1): Ball

S311-2013 Memo

BILL NUMBER:S311

TITLE OF BILL:
An act
to amend the social services law, in relation to providing notice to
applicants of potential liability for public assistance benefits

PURPOSE OR GENERAL IDEA OF BILL:
Directs the Office of Temporary and
Disability Assistance to inform, both orally and in writing,
applicants for either public assistance that they may be liable to
reimburse the state for benefits received.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Social Services Law by adding a new section
110-b. Requires an applicant to be informed,
both orally and in writing, that he or she may be liable to reimburse
the state for public assistance benefits received. The applicant
shall sign an acknowledgement form, separate and apart from the
application for such benefits, provided by the OTDA and the local
department shall keep such acknowledgement form in such applicant's
file.

JUSTIFICATION:
Applicants need to know that they may be liable to
reimburse the state for public assistance benefits received. By
having this separate notice given, it provides clear and informed
consent to the applicant for receipt of such benefits.

EXISTING LAW:
None.
PRIOR LEGISLATIVE HISTORY:

2012: S.6569 - Referred to Social Services/A.461 Died on Third
Reading Calendar 330
2011: A.461 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

S311-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                           311
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Social Services
 

AN ACT to amend the social services law, in relation to providing notice
 to applicants of potential liability for public assistance benefits
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The social services law is amended by adding a new section
 110-b to read as follows:

 

S 110-B. RECOVERY FROM A PERSON DISCOVERED TO  HAVE  PROPERTY;  NOTICE
 AND  INFORMED  CONSENT.   NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
 THE  CONTRARY,  AN  APPLICANT  FOR  PUBLIC  ASSISTANCE  SHALL  BE  FULLY
 INFORMED,  ORALLY  AND IN WRITING, THAT HE OR SHE MAY BE LIABLE TO REIM
 BURSE THE STATE FOR PUBLIC ASSISTANCE BENEFITS RECEIVED, AS PROVIDED FOR
 IN THIS  TITLE.  SUCH  APPLICANT  SHALL  SIGN  AN  ACKNOWLEDGMENT  FORM,
 PROVIDED  BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, SEPARATE
 FROM OTHER APPLICATION-RELATED FORMS, AND  THE  LOCAL  DEPARTMENT  SHALL
 KEEP SUCH ACKNOWLEDGMENT FORM IN SUCH APPLICANT'S FILE.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01004-01-3

S311-2013: Requires applicants for public assistance to be fully informed that they may be liable to reimburse the state for benefits received