Bill S713-2011

Establishes a notification of death hotline in the department of social services for purposes of timely ceasing public assistance payments

Establishes a notification of death hotline in the department of social services for purposes of timely ceasing public assistance payments upon the death of a recipient of such assistance.

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  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 5, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S713

TITLE OF BILL:

An act to amend the public health law and the social services law, in relation to notification of death of persons receiving public assistance

PURPOSE:

This bill would add a new section to the public health law 4148 and amend subdivision (i) of section 17 of the social service law to establish a notification of death hotline in the department of social services for the purpose of timely ceasing public assistance payments.

SUMMARY OF PROVISIONS:

Section 1 amends section 4148 of the public health law is amended to provide for instructions on notification of death procedures for public assistance recipients. Subsection 1 of this section to define the terms "competent person acquainted with the facts of such death" to include funeral directors undertakers and persons given charge of a body when death occurs without medical attention as well as attending physicians or a hospital when death occurs with medical Subsection 2 of this section requires that upon the death of any person the department of Social Services shall be notified within 24 hours. This subsection provides for a hotline and website notification method established by the commissioner of social services. Section 2 amends the social service law to provide for the hotline and website for reporting purposes with the Department of Social Services. This section limits the access to this hotline by password, code or other secure means. Requires the Department of social Services to terminate payment of public assistance upon the notification of death of a recipient. Section 2 of this bill states; that this act shall take effect on the 30th day after it has become a law.

JUSTIFICATION:

In recent years several instances of public assistance fraud have dealt with deceased recipients who were never reported as dead and were still issued public assistance checks. This bill establishes a method by which the Department of Social Services will be informed immediately upon the death of a public assistance recipient so that the public assistance can be ended. This legislation will help the State by reducing public assistance fraud and lowering the cost of these benefits.

PRIOR LEGISLATIVE HISTORY:

2008 Referred to Health 2009 Referred to Health 2010 Referred to Health

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 713 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the social services law, in relation to notification of death of persons receiving public assist- ance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 4148 to read as follows: S 4148. NOTIFICATION OF DEATH; PERSONS RECEIVING PUBLIC ASSISTANCE. 1. FOR PURPOSES OF THIS SECTION, THE TERM "COMPETENT PERSON ACQUAINTED WITH THE FACTS OF SUCH DEATH" SHALL MEAN: A. THE FUNERAL DIRECTOR, UNDERTAKER OR PERSON HAVING CHARGE OF THE BODY WHEN DEATH OCCURS WITHOUT MEDICAL ATTENTION; OR B. THE ATTENDING PHYSICIAN OR HOSPITAL WHEN DEATH OCCURS WITH MEDICAL ATTENTION OR IN A HOSPITAL. 2. UPON THE DEATH OF ANY PERSON, A COMPETENT PERSON ACQUAINTED WITH THE FACTS OF SUCH DEATH SHALL, WITHIN TWENTY-FOUR HOURS OF SUCH DEATH, NOTIFY THE DEPARTMENT OF SOCIAL SERVICES REGARDING SUCH DEATH. SUCH NOTIFICATION SHALL BE MADE VIA THE DEPARTMENT OF SOCIAL SERVICES WEBPAGE ON THE INTERNET OR BY USE OF A TOLL-FREE TELEPHONE NUMBER ESTABLISHED BY THE COMMISSIONER OF SOCIAL SERVICES PURSUANT TO SUBDIVISION (I) OF SECTION SEVENTEEN OF THE SOCIAL SERVICES LAW. SUCH NOTIFICATION SHALL INCLUDE THE NAME, ADDRESS, BIRTH DATE AND SOCIAL SECURITY NUMBER OF SUCH DECEASED PERSON. S 2. Subdivision (i) of section 17 of the social services law, as relettered by section 1 of part K-3 of chapter 57 of the laws of 2007, is relettered subdivision (j) and a new subdivision (i) is added to read as follows:
(I) ESTABLISH A HOTLINE FOR THE RECEIPT OF NOTIFICATION OF DEATH REQUIRED BY SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THE PUBLIC HEALTH LAW. SUCH HOTLINE SHALL PROVIDE ACCESS TO THE DEPARTMENT VIA THE DEPART- MENT WEBPAGE ON THE INTERNET OR BY A TOLL-FREE TELEPHONE NUMBER. ACCESS TO SUCH HOTLINE SHALL BE LIMITED TO PERSONS SET FORTH IN SUBDIVISION ONE OF SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THE PUBLIC HEALTH LAW, AND SHALL BE ACCESSED ONLY BY MEANS OF A PASSWORD, CODE OR OTHER SECURE METHOD PROVIDED BY THE DEPARTMENT. UPON RECEIPT OF ANY NOTIFICATION OF DEATH, THE DEPARTMENT SHALL DETERMINE IF SUCH DECEASED PERSON WAS A RECIPIENT OF PUBLIC ASSISTANCE AND IMMEDIATELY CEASE THE PAYMENT OF SUCH PUBLIC ASSISTANCE WHEN APPROPRIATE. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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