Expands the maximum benefit and eligibility requirements for financial assistance for burial arrangements; provides for expedited assistance during a state disaster emergency.
STATE OF NEW YORK
________________________________________________________________________
471
2023-2024 Regular Sessions
IN SENATE
January 4, 2023
___________
Introduced by Sens. SEPULVEDA, MYRIE, RIVERA -- read twice and ordered
printed, and when printed to be committed to the Committee on Social
Services
AN ACT to amend the social services law, in relation to assistance for
burial arrangements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 141 of the social services
2 law, subdivision 3 as added by chapter 772 of the laws of 1958, subpara-
3 graphs 1 and 2 of paragraph (a) of subdivision 3 as amended by chapter
4 110 of the laws of 1971, paragraph (b) of subdivision 3 as amended by
5 chapter 342 of the laws of 1965, subdivision 4 as added by chapter 1080
6 of the laws of 1974, are amended and a new subdivision 7 is added to
7 read as follows:
8 3. (a) When burial arrangements for a recipient of public assistance
9 or care are made by relatives or friends of the deceased and the expense
10 of such burial does not exceed the amount fixed by the appropriate
11 public welfare official or the local appropriating body for similar
12 burials in similar circumstances, such public welfare official may:
13 (1) if such relatives or friends were required to pay the expense of
14 such burial in order to arrange the same, wholly or partly reimburse
15 them, from assets transferred or assigned to such social services offi-
16 cial by or on behalf of the deceased recipient; but he shall not reim-
17 burse a legally responsible relative of the deceased for any part of the
18 amount paid by him which in the judgment of such social services offi-
19 cial such relative is able to bear; nor shall such official expend from
20 such assets for such purpose more than is permitted by or pursuant to
21 this section, other provisions of this chapter and regulations of the
22 department. The reimbursement benefit pursuant to this subparagraph
23 shall not be less than three thousand dollars or exceed four thousand
24 dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01583-01-3
S. 471 2
1 (2) pay part of the expense of such burial, if, and to the extent and
2 under the circumstances, permitted by his local policy, which shall not
3 be inconsistent with this chapter, and the regulations of the depart-
4 ment; but in no case shall such social services official pay more than
5 the balance remaining to be paid after the total of the amounts paid or
6 to be paid by all other sources, including payments made or to be made
7 by such legally responsible relatives of the deceased as are in the
8 judgment of such official able to bear the same, is credited to and
9 deducted from such expense.
10 (b) In no case shall a public welfare official expend, pursuant to the
11 provisions of this section or any other provision of this chapter, for
12 the burial of a recipient of public assistance or care, from assets
13 transferred or assigned to him by or on behalf of such recipient, an
14 amount which shall be less than three thousand dollars or in excess of
15 [five hundred] four thousand dollars.
16 4. For purposes of this section, the term "recipient of public assist-
17 ance and care" shall include persons [receiving] eligible for federal
18 supplemental security income benefits pursuant to title sixteen of the
19 federal social security act [and/or], additional state payments pursuant
20 to title six of article five of this chapter and/or if such person can
21 otherwise demonstrate an inability to pay as determined by the commis-
22 sioner. Notwithstanding any provision of law to the contrary, the eligi-
23 bility of a person to receive benefits pursuant to this section shall
24 not take into account the immigration status of such person.
25 7. Notwithstanding any provision of law to the contrary, during a
26 state disaster emergency, as defined in section twenty of the executive
27 law, no reimbursement payments shall be made pursuant to subparagraph
28 one of paragraph (a) of subdivision three of this section and all appli-
29 cations for assistance pursuant to this section shall be processed,
30 approved or denied, and direct payment made to the funeral firm, ceme-
31 tery organization or business operating a crematory, columbarium or
32 other business, who also controls the disposition of remains, as appli-
33 cable, within fifteen days.
34 § 2. This act shall take effect immediately.
