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

                                  7792

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2015
                               ___________

Introduced by M. of A. HEVESI -- read once and referred 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of  issues  reversed  plus the number of local district issues withdrawn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
              

A. 7792                             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.