Bill Text: NY A02036 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands the maximum benefit and eligibility requirements for financial assistance for burial arrangements; provides for expedited assistance during a state disaster emergency.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2022-01-05 - referred to social services [A02036 Detail]

Download: New_York-2021-A02036-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2036

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M.  of  A.  CRUZ,  ABINANTI, FRONTUS, FERNANDEZ, WEPRIN,
          PICHARDO,  RODRIGUEZ,  AUBRY,  SEAWRIGHT,  BARRON,  DICKENS,  HYNDMAN,
          L. ROSENTHAL,  NOLAN  --  read  once  and referred 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06168-01-1
        A. 2036                             2

     1  shall  not  be  less than three thousand dollars or exceed four thousand
     2  dollars.
     3    (2)  pay part of the expense of such burial, if, and to the extent and
     4  under the circumstances, permitted by his local policy, which shall  not
     5  be  inconsistent  with  this chapter, and the regulations of the depart-
     6  ment; but in no case shall such social services official pay  more  than
     7  the  balance remaining to be paid after the total of the amounts paid or
     8  to be paid by all other sources, including payments made or to  be  made
     9  by  such  legally  responsible  relatives  of the deceased as are in the
    10  judgment of such official able to bear the  same,  is  credited  to  and
    11  deducted from such expense.
    12    (b) In no case shall a public welfare official expend, pursuant to the
    13  provisions  of  this section or any other provision of this chapter, for
    14  the burial of a recipient of public  assistance  or  care,  from  assets
    15  transferred  or  assigned  to  him by or on behalf of such recipient, an
    16  amount which shall be less than three thousand dollars or in  excess  of
    17  [five hundred] four thousand dollars.
    18    4. For purposes of this section, the term "recipient of public assist-
    19  ance  and  care"  shall include persons [receiving] eligible for federal
    20  supplemental security income benefits pursuant to title sixteen  of  the
    21  federal social security act [and/or], additional state payments pursuant
    22  to  title  six of article five of this chapter and/or if such person can
    23  otherwise demonstrate an inability to pay as determined by  the  commis-
    24  sioner. Notwithstanding any provision of law to the contrary, the eligi-
    25  bility  of  a  person to receive benefits pursuant to this section shall
    26  not take into account the immigration status of such person.
    27    7. Notwithstanding any provision of law  to  the  contrary,  during  a
    28  state  disaster emergency, as defined in section twenty of the executive
    29  law, no reimbursement payments shall be made  pursuant  to  subparagraph
    30  one of paragraph (a) of subdivision three of this section and all appli-
    31  cations  for  assistance  pursuant  to  this section shall be processed,
    32  approved or denied, and direct payment made to the funeral  firm,  ceme-
    33  tery  organization  or  business  operating  a crematory, columbarium or
    34  other business, who also controls the disposition of remains, as  appli-
    35  cable, within fifteen days.
    36    § 2. This act shall take effect immediately.