NY State Senate Bill 2015-S5515

Senate Bill S5515

Vetoed By Governor

2015-2016 Legislative Session

Relates to minimizing any existence of backlog of fair hearings in certain social services districts

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Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	vetoed memo.301
Nov 30, 2015	delivered to governor
Jun 19, 2015	returned to senate passed assembly ordered to third reading rules cal.718 substituted for a7792
Jun 17, 2015	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1802 committee discharged and committed to rules
May 14, 2015	referred to social services

Votes

- Jun 17, 2015 - Floor Vote
  S5515
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 17, 2015 - Rules Committee Vote
  S5515
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Gianaris
      
      Perkins

co-Sponsors

2015-S5515 (ACTIVE) - Details

See Assembly Version of this Bill:: A7792
Law Section:: Social Services
Laws Affected:: Amd Part I §1, Chap 58 of 2014

2015-S5515 (ACTIVE) - Summary

Relates to minimizing any existence of backlog of fair hearings in certain social services districts.

2015-S5515 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5515

TITLE OF BILL:

An act to amend part I of chapter 58 of the laws of 2014, relating to
reducing state aid for administrative costs of certain fair hearings in
local social services districts, in relation to minimizing any existence
of backlog of fair hearings in certain social services districts

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to modify the fair hearing chargeback meth-
odology to reflect the reduction on the backlog of fair hearings in the
city and to further facilitate the city's ability to resolve and admin-
ister fair hearing cases in an effective manner.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 1 of part I of chapter 58 of the
laws of 2014 to require any social services district with a population
of more than five million to submit to the office of temporary and disa-
bility assistance on a quarterly basis a written plan outlining the
efforts of such district to minimize any existing backlog of fair hear-
ings to be scheduled so that hearings may be conducted within a reason-
able time.

In the event that such plans are not timely submitted, or any existing
backlog grows over four or more consecutive quarters, the city will be
subject to the following chargeback methodology: A percentage of total
issues heard is calculated by adding the number of issues reversed and
the number of issues withdrawn after scheduling of the hearing. However,
issues that are settled after scheduling of the hearing or issues
reversed due to a defective notice by the state shall not be included in
the calculation.

If the calculated percentage is greater than fifty percent in the given
state fiscal year quarter, state reimbursement otherwise payable to the
city shall be reduced by a percentage in proportion to the percentage
over fifty percent of the non-federal share of total administrative
costs of fair hearings operations attributable to the city for the given
quarter.

Section 2 provides for this act to take effect immediately; provided,
however, that section one of this act shall not affect the expiration of
part I of chapter 58 of the laws of 2014.

JUSTIFICATION:

In the adopted 2014-15 Budget, the State established a Fair Hearing
Chargeback methodology aimed at addressing the backlog of hearings and
seeking to improve the city's administrative practices related to with-
drawal of "indefensible" fair hearings at the time of hearing.  As of

May, 2015, the city has for the most part eliminated the backlog and
implemented new procedures to curb negative case actions and resolve
cases before a hearing is requested. However, the chargeback language
continues to be in effect until it sunsets on March 31, 2016. As a
result, under the current methodology, the Human Resources Adminis-
tration would have to conduct full hearings, even when the issue has
been resolved prior to the hearing, rather than withdraw cases at the
time of the hearing in order to avoid the penalty.

The bill proposes to modify the chargeback language to require the City
to provide quarterly reports to the Office of Temporary and Disability
Assistance outlining the efforts the City has made to minimize any
existing backlog. Under this modified chargeback proposal, the City
would be subject to the chargeback methodology and penalty only if the
reports are not submitted or any existing backlog grows over four or
more consecutive quarters, beginning with the quarter commencing April
1, 2015.

The modified methodology for calculating the percentage of an "indefen-
sible hearing" will consist of the sum of the number of issues reversed
and the number of issues withdrawn after scheduling of the hearing.
However, the calculation shall not include issues in which the city has
taken actions to settle after scheduling of the hearing and issues
reversed because the hearing officer determined that a state notice was
defective.

If the calculated percentage is greater than fifty percent in the given
state fiscal year quarter, state reimbursement otherwise payable to the
city shall be reduced by a percentage in proportion to the percentage
over fifty percent of the non-federal share of total administrative
costs of fair hearings operations attributable to the city for the given
quarter.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall be effective immediately.

2015-S5515 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5515

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend part I of chapter 58 of the laws of  2014,  relating  to
  reducing  state  aid for administrative costs of certain fair hearings
  in local social services districts,  in  relation  to  minimizing  any
  existence  of  backlog  of  fair  hearings  in certain social services
  districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1  of  part I of chapter 58 of the laws of 2014,
relating to reducing state aid for administrative costs of certain  fair
hearings  in  local  social  services  districts,  is amended to read as
follows:
  Section 1.  ANY SOCIAL SERVICES DISTRICT WITH  A  POPULATION  OF  MORE
THAN FIVE MILLION SHALL SUBMIT TO THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE ON A QUARTERLY BASIS NO LATER THAN FIFTEEN DAYS AFTER THE END
OF  ANY  QUARTER  BEGINNING  WITH THE QUARTER COMMENCING APRIL 1, 2015 A
WRITTEN PLAN OUTLINING THE EFFORTS OF  SUCH  DISTRICT  TO  MINIMIZE  ANY
EXISTING BACKLOG OF FAIR HEARINGS TO BE SCHEDULED SUCH THAT HEARINGS MAY
BE CONDUCTED WITHIN A REASONABLE TIME. THE OFFICE OF TEMPORARY AND DISA-
BILITY  ASSISTANCE  SHALL PROVIDE ASSISTANCE TO SUCH DISTRICT TO SUPPORT
THE IMPLEMENTATION OF SUCH PLANS. IN THE EVENT THAT SUCH PLANS  ARE  NOT
TIMELY  SUBMITTED,  OR  ANY  EXISTING  BACKLOG  GROWS  OVER FOUR OR MORE
CONSECUTIVE QUARTERS BEGINNING WITH  THE  QUARTER  COMMENCING  APRIL  1,
2015,  THE  FOLLOWING PROVISIONS SHALL APPLY: Notwithstanding any incon-
sistent provision of law, beginning April 1, 2014, for any local  social
services district with greater than forty percent of the statewide total
of  fair hearings issues heard in a given state fiscal year quarter, the
office of temporary and disability assistance shall calculate the number
of issues reversed plus the number of local  district  issues  withdrawn
after  scheduling  of the hearing, BUT NOT INCLUDING ISSUES IN WHICH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11102-01-5

S. 5515                             2

LOCAL DISTRICT HAS TAKEN ACTIONS TO SETTLE THE ISSUES  AFTER  SCHEDULING
OF THE HEARING, as a percentage of total issues heard for such district.
ISSUES  SETTLED  BY THE LOCAL DISTRICT AFTER SCHEDULING BUT BEFORE BEING
HEARD  AT  THE  HEARING  WILL BE CODED AS SETTLED RATHER THAN WITHDRAWN.
ISSUES REVERSED BECAUSE THE HEARING  OFFICER  DETERMINED  THAT  A  STATE
NOTICE  WAS DEFECTIVE SHALL NOT BE COUNTED AGAINST A LOCAL DISTRICT AND,
THEREFORE, SHALL NOT BE INCLUDED IN THE CALCULATION. If  the  calculated
percentage  is greater than fifty percent in the given state fiscal year
quarter, state reimbursement otherwise  payable  to  such  local  social
services  district shall be reduced by [seventy percent] A PERCENTAGE IN
PROPORTION TO THE PERCENTAGE OVER FIFTY PERCENT of the non-federal share
of total administrative costs of fair hearings  operations  attributable
to  such  district for the given quarter, as determined by the office of
temporary and disability assistance and approved by the director of  the
budget.    Such  reduction  in  reimbursement shall credit the office of
temporary and disability assistance  personal  service  and  nonpersonal
service expenditures for the administrative hearings program.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to section 1 of part I of chapter 58 of the laws of 2014,
relating to reducing state aid for administrative costs of certain  fair
hearings in local social services districts, made by section one of this
act  shall not affect the expiration of such part and shall be deemed to
expire therewith.

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Senate Bill S5515

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Sponsored By

Tony Avella