S713-2011 Actions

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

S713-2011 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.

S713-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          713
 2011-2012 Regular Sessions
 I N  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01995-01-1
 
       S. 713                              2
 (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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