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S03840 Summary:

S03840 Actions:

S03840 Committee Votes:

S03840 Floor Votes:

S03840 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3840--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 19, 2019
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Social  Services  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the social services law, in relation to conciliation and
          non-compliance  with  public  assistance  employment;  and  to  repeal
          certain provisions of such law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 341 of the social services law is REPEALED.
     2    § 2. Section 341-a of the social services law, as added by chapter 562
     3  of the laws of 2015, is amended to read as follows:
     4    § [341-a] 341.  Re-engagement; conciliation; refusal  to  participate.
     5  1.  [The provisions of this section shall apply to persons who are resi-
     6  dents of a city having a population of one million or more people.
     7    2.] (a) Consistent with federal law and regulations and this title, if
     8  a participant has failed or refused to comply with the  requirements  of
     9  this  title and the district has determined that he or she is not exempt
    10  from such requirements and has verified  that  appropriate  child  care,
    11  transportation,  and  accommodations for disability were in place at the
    12  time of such failure or refusal,  the  social  services  district  shall
    13  issue  a  re-engagement  notice  in  plain language indicating that such
    14  failure or refusal has taken place and of the right of such  participant
    15  to  avoid a pro-rata reduction in public assistance benefits through the
    16  re-engagement process. "Re-engagement process" shall  mean  the  process
    17  through  which  a  participant  may avoid a pro-rata reduction in public
    18  assistance benefits by agreeing to comply with the requirements of  this
    19  title consistent with any medical condition which may limit the individ-
    20  ual's  ability  to  participate  in  work  activities,  by notifying the
    21  district that he or she has become exempt from the requirements of  this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04867-03-9
        S. 3840--A                          2
 
     1  title,  or  by  resolving  the  reasons for such failure or refusal at a
     2  conciliation conference. The notice shall indicate that the  participant
     3  has  ten  days  to  request  re-engagement with the district. The notice
     4  shall  indicate the specific instance or instances of willful refusal or
     5  failure to comply without good cause with the requirements of this title
     6  and the necessary actions  that  must  be  taken  to  avoid  a  pro-rata
     7  reduction  in  public  assistance benefits and the district has verified
     8  that appropriate child care, transportation and accommodations for disa-
     9  bility were in place at the time of such failure or refusal.
    10    (1) If a participant chooses to avoid a pro-rata reduction  in  public
    11  assistance  benefits  through  a conciliation conference, it will be the
    12  responsibility of the participant to give reasons for  such  failure  or
    13  refusal.  The  re-engagement notice shall also include an explanation in
    14  plain language of what would constitute good  cause  for  non-compliance
    15  and  examples  of  acceptable  forms  of  evidence  that  may warrant an
    16  exemption from work activities, including evidence of domestic violence,
    17  and physical or mental health limitations that may be  provided  at  the
    18  conciliation  conference  to  demonstrate such good cause for failure to
    19  comply with the requirements of this title. Unless as part of the re-en-
    20  gagement process the participant does  not  agree  to  comply,  has  not
    21  become exempt or the district determines as a result of the conciliation
    22  conference  that  such  failure  or refusal was willful and without good
    23  cause, no further action shall be taken.
    24    (2) If the participant does not contact the district within  ten  days
    25  of the re-engagement notice, the district shall make a finding of wheth-
    26  er the alleged failure or refusal to comply was willful and without good
    27  cause  and shall consider any evidence in the possession of the district
    28  indicating that the participant has good cause and if the participant is
    29  otherwise participating in work activities, there shall be no finding of
    30  willfulness without good cause based on a single appointment or  infrac-
    31  tion.
    32    (b)  If the district determines that such failure or refusal was will-
    33  ful and without good cause, and that the individual is not  exempt  from
    34  the  requirements  of this title, the district shall notify such partic-
    35  ipant in writing, in plain language and in a manner  distinct  from  any
    36  previous notice, by issuing ten days notice of its intent to discontinue
    37  or  reduce  assistance.  Such  notice shall include the reasons for such
    38  determination, the specific instance or instances of willful refusal  or
    39  failure  to  comply  without  good  cause  with the requirements of this
    40  title, shall verify that  appropriate  child  care,  transportation  and
    41  accommodations  for disability were in place at the time of such failure
    42  or refusal, and specify the necessary actions  that  must  be  taken  to
    43  avoid  a  pro-rata  reduction  in  public assistance benefits, including
    44  agreeing to comply with the requirements of this title  consistent  with
    45  any  medical  condition  which  may  limit  the  individual's ability to
    46  participate in work activities or notifying the district that he or  she
    47  has become exempt from the requirements of this title and the right to a
    48  fair hearing relating to such discontinuance or reduction.
    49    [3.]  2.  (a)  The  department shall establish in regulation a concil-
    50  iation procedure for the resolution of disputes related to  an  individ-
    51  ual's participation in programs pursuant to this title.
    52    (b)  The  district shall contract with an independent entity, approved
    53  by the department, or shall use designated trained staff at the supervi-
    54  sory level who have no direct responsibility for the participant's  case
    55  to mediate disputes in the conciliation conference.
        S. 3840--A                          3
 
     1    (c) If a participant's dispute cannot be resolved through such concil-
     2  iation  procedure,  an opportunity for a fair hearing shall be provided.
     3  No sanction relating to the subject dispute may be  imposed  during  the
     4  re-engagement process.
     5    [4.]  3.  When  any participant required to participate in work activ-
     6  ities fails to comply with the provisions  of  this  title,  the  social
     7  services  district  shall take such actions as prescribed by appropriate
     8  federal law and regulation and this title.
     9    [5.] 4. Consistent with federal law and this title, a social  services
    10  district shall provide to those participants whose failure to comply has
    11  continued  for thirty days or longer a written reminder of the option to
    12  end a sanction by terminating the failure  to  comply  as  specified  in
    13  subdivision [two] one of this section. Such notice shall advise that the
    14  participant may immediately terminate the sanction by either agreeing to
    15  comply  with  the requirements of this title consistent with any medical
    16  condition which may limit the individual's  ability  to  participate  in
    17  work  activities  or  notifying  the  district that he or she has become
    18  exempt from the requirements of this title.
    19    [6.] 5. Consistent with federal law and regulation and this title,  no
    20  notice  shall  be  issued  as specified in subdivision [two] one of this
    21  section unless it has been determined that the individual is not  exempt
    22  from  the requirements of this title and has determined that appropriate
    23  child care, transportation and accommodations  for  disability  were  in
    24  place at the time of such failure or refusal to comply with the require-
    25  ments  of  this  title  and  no  action  shall be taken pursuant to this
    26  section for failure to participate in the program or refusal  to  accept
    27  employment if:
    28    (a)  child  care  for  a child under age thirteen (or day care for any
    29  incapacitated individual living in the same home as a  dependent  child)
    30  is  necessary for an individual to participate or continue participation
    31  in activities pursuant to this title or accept employment and such  care
    32  is  not available and the social services district fails to provide such
    33  care;
    34    (b) (1) the employment would result in the family of  the  participant
    35  experiencing a net loss of cash income; provided, however, a participant
    36  may  not  claim  good  cause under this paragraph if the social services
    37  district assures that the family will not experience a net loss of  cash
    38  income by making a supplemental payment;
    39    (2)  net loss of cash income results if the family's gross income less
    40  necessary work-related expenses is less than  the  cash  assistance  the
    41  participant  was  receiving at the time the offer of employment is made;
    42  or
    43    (c) the participant meets other grounds for good cause  set  forth  by
    44  the  department  in  its  implementation plan for this title which, at a
    45  minimum, must describe what circumstances beyond the household's control
    46  will constitute "good cause".
    47    § 3. Section 342 of the social services law is REPEALED.
    48    § 4. Section 342-a of the social services law, as added by chapter 562
    49  of the laws of 2015, is amended to read as follows:
    50    § [342-a] 342.  Noncompliance with the requirements of this title.  1.
    51  [The provisions of this section shall apply to persons who are residents
    52  of a city having a population of one million or more people.
    53    2.]  In  accordance  with the provisions of this section an individual
    54  who is required to participate in work activities shall be ineligible to
    55  receive public assistance if he or she fails  to  comply,  without  good
    56  cause,  with  the requirements of this title and the district has deter-
        S. 3840--A                          4
 
     1  mined that he or she is not exempt from such requirements and has  veri-
     2  fied that appropriate child care, transportation, and accommodations for
     3  disability  were  in place at the time of such failure or refusal.  Such
     4  ineligibility  shall  be  for  the  amount  and period specified in this
     5  section. Good cause for failing to comply with the requirements of  this
     6  title  shall  be  defined  in department regulations, provided, however,
     7  that the parent or caretaker relative of a child under thirteen years of
     8  age shall not be subject to the ineligibility provisions of this section
     9  if the individual can demonstrate, in accordance with the regulations of
    10  the office of children and family services, that lack of available child
    11  care prevents such individual from complying with the work  requirements
    12  of this title. The parent or caretaker relative shall be responsible for
    13  locating  the child care needed to meet the work requirements; provided,
    14  however, that the relevant social  services  district  shall  provide  a
    15  parent  or  caretaker  relative  who demonstrates an inability to obtain
    16  needed child care with a choice of two providers, at least one of  which
    17  will be a regulated provider.
    18    [3.] 2. In the case of an applicant for or recipient of public assist-
    19  ance  whom  the  district has determined is not exempt from the require-
    20  ments of this title and who is a parent  or  caretaker  of  a  dependent
    21  child,  the public assistance benefits otherwise available to the house-
    22  hold of which such individual is a  member  shall  be  reduced  pro-rata
    23  until  the individual is willing to comply with the requirements of this
    24  title consistent with any medical condition which may limit the individ-
    25  ual's ability to participate in work activities.
    26    [4.] 3. In the case of an individual who is a member  of  a  household
    27  without  dependent  children  whom  the  district  has determined is not
    28  exempt from the requirements of this title and who is applying for or in
    29  receipt of safety net assistance, the public assistance benefits  other-
    30  wise  available  to  the  household of which such individual is a member
    31  shall be reduced pro-rata until the failure or refusal  to  comply  with
    32  the  requirements  of  this  title consistent with any medical condition
    33  which may limit the individual's ability to participate in  work  activ-
    34  ities ceases.
    35    [5.]  4. A recipient of public assistance whom the district has deter-
    36  mined is not exempt from the requirements of this title and who quits or
    37  reduces his or her hours of employment without good cause or due to  any
    38  medical  condition  which  may limit the individual's ability to partic-
    39  ipate in work activities shall be considered to have  failed  to  comply
    40  with  the  requirements  of  this  article  and  shall be subject to the
    41  provisions of this section.
    42    [6.] 5. A person described in paragraph (b) of  subdivision  seven  of
    43  section  one hundred fifty-nine of this chapter may not be sanctioned if
    44  his or her failure to comply with requirements of this title is  related
    45  to his or her health status.
    46    §  5.  Subdivision  6  of section 332-b of the social services law, as
    47  added by section 148 of part B of chapter 436 of the laws  of  1997,  is
    48  amended to read as follows:
    49    6. When an applicant or recipient receives notification of the examin-
    50  ing  medical  professional's  disability  determination, he or she shall
    51  also be notified of his or her right to request a  fair  hearing  within
    52  ten  days of such notice. If such applicant timely requests a fair hear-
    53  ing, no assignment to work activities pursuant to this title may be made
    54  pending such hearing and determination unless the applicant or recipient
    55  agrees to a limited work assignment not inconsistent  with  the  medical
    56  condition  alleged  by  such person. Provided, however, that if a social
        S. 3840--A                          5
 
     1  services district has reason to believe that such recipient or applicant
     2  does not actually suffer from a work limiting  condition,  the  district
     3  shall  provide the applicant or recipient with notice of potential sanc-
     4  tions  pursuant  to  subdivision  [three]  two  of section three hundred
     5  forty-two of this title, and provided further that  recipients  will  be
     6  subject  to  sanctions  pursuant  to  subdivision [three] two of section
     7  three hundred forty-two of this title if the district determines,  based
     8  on  clear  medical evidence, that there is no basis for the individual's
     9  claim that he or she is unable to fully engage in work  activities,  and
    10  that  the  individual  intentionally  misrepresented  his or her medical
    11  condition.
    12    § 6. This act shall take effect on the first of April next  succeeding
    13  the date on which it shall have become a law.