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.
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. States that the production of such from shall not be required for the recovery of benefits. Provides that the local social services district is not prevented from keeping its records electronically.
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.
PRIOR LEGISLATIVE HISTORY:
2014: S.311B-Amended and recommitted to Social Services/A.9317 Referred to Social Services 2013: S.311A-Amended on Third Reading Calendar/A.547A- Amended on Third Reading Calendar 2012: S.6569 - Referred to Social Services/A.461 Died on Third Reading Calendar 330 2011: A.461 - Passed Assembly
This act shall take effect on June 30th, 2015.
STATE OF NEW YORK ________________________________________________________________________ 311--C 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. DIAZ, AVELLA, ESPAILLAT, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Social Services in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; PROVIDED, HOWEV- ER, THAT PRODUCTION OF SUCH FORM SHALL NOT BE REQUIRED FOR THE RECOVERY OF PUBLIC WELFARE BENEFITS. NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT THE LOCAL SOCIAL SERVICES DISTRICT FROM MAINTAINING ITS RECORDS ELECTRONICALLY. S 2. This act shall take effect on June 30, 2015.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01004-07-4