Bill Text: NY A10165 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to conciliation and non-compliance with public assistance employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-24 - ordered to third reading rules cal.431 [A10165 Detail]

Download: New_York-2021-A10165-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10165

                   IN ASSEMBLY

                                       May 4, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
          read once and referred to the Committee on Social Services

        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 Section 341 of the social services law is REPEALED.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
    22  title,  or  by  resolving  the  reasons for such failure or refusal at a
    23  conciliation conference. The notice shall indicate that the  participant
    24  has  ten  days  to  request  re-engagement with the district. The notice
    25  shall indicate the specific instance or instances of willful refusal  or
    26  failure to comply without good cause with the requirements of this title
    27  and  the  necessary  actions  that  must  be  taken  to avoid a pro-rata

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04732-01-1
        A. 10165                            2

     1  reduction in public assistance benefits and the  district  has  verified
     2  that appropriate child care, transportation and accommodations for disa-
     3  bility were in place at the time of such failure or refusal.
     4    (1)  If  a participant chooses to avoid a pro-rata reduction in public
     5  assistance benefits through a conciliation conference, it  will  be  the
     6  responsibility  of  the  participant to give reasons for such failure or
     7  refusal. The re-engagement notice shall also include an  explanation  in
     8  plain  language  of  what would constitute good cause for non-compliance
     9  and examples of  acceptable  forms  of  evidence  that  may  warrant  an
    10  exemption from work activities, including evidence of domestic violence,
    11  and  physical  or  mental health limitations that may be provided at the
    12  conciliation conference to demonstrate such good cause  for  failure  to
    13  comply with the requirements of this title. Unless as part of the re-en-
    14  gagement  process  the  participant  does  not  agree to comply, has not
    15  become exempt or the district determines as a result of the conciliation
    16  conference that such failure or refusal was  willful  and  without  good
    17  cause, no further action shall be taken.
    18    (2)  If  the participant does not contact the district within ten days
    19  of the re-engagement notice, the district shall make a finding of wheth-
    20  er the alleged failure or refusal to comply was willful and without good
    21  cause and shall consider any evidence in the possession of the  district
    22  indicating that the participant has good cause and if the participant is
    23  otherwise participating in work activities, there shall be no finding of
    24  willfulness  without good cause based on a single appointment or infrac-
    25  tion.
    26    (b) If the district determines that such failure or refusal was  will-
    27  ful  and  without good cause, and that the individual is not exempt from
    28  the requirements of this title, the district shall notify  such  partic-
    29  ipant  in  writing,  in plain language and in a manner distinct from any
    30  previous notice, by issuing ten days notice of its intent to discontinue
    31  or reduce assistance. Such notice shall include  the  reasons  for  such
    32  determination,  the specific instance or instances of willful refusal or
    33  failure to comply without good  cause  with  the  requirements  of  this
    34  title,  shall  verify  that  appropriate  child care, transportation and
    35  accommodations for disability were in place at the time of such  failure
    36  or  refusal,  and  specify  the  necessary actions that must be taken to
    37  avoid a pro-rata reduction  in  public  assistance  benefits,  including
    38  agreeing  to  comply with the requirements of this title consistent with
    39  any medical condition  which  may  limit  the  individual's  ability  to
    40  participate  in work activities or notifying the district that he or she
    41  has become exempt from the requirements of this title and the right to a
    42  fair hearing relating to such discontinuance or reduction.
    43    [3.] 2. (a) The department shall establish  in  regulation  a  concil-
    44  iation  procedure  for the resolution of disputes related to an individ-
    45  ual's participation in programs pursuant to this title.
    46    (b) The district shall contract with an independent  entity,  approved
    47  by the department, or shall use designated trained staff at the supervi-
    48  sory  level who have no direct responsibility for the participant's case
    49  to mediate disputes in the conciliation conference.
    50    (c) If a participant's dispute cannot be resolved through such concil-
    51  iation procedure, an opportunity for a fair hearing shall  be  provided.
    52  No  sanction  relating  to the subject dispute may be imposed during the
    53  re-engagement process.
    54    [4.] 3. When any participant required to participate  in  work  activ-
    55  ities  fails  to  comply  with  the provisions of this title, the social
        A. 10165                            3

     1  services district shall take such actions as prescribed  by  appropriate
     2  federal law and regulation and this title.
     3    [5.]  4. Consistent with federal law and this title, a social services
     4  district shall provide to those participants whose failure to comply has
     5  continued for thirty days or longer a written reminder of the option  to
     6  end  a  sanction  by  terminating  the failure to comply as specified in
     7  subdivision [two] one of this section. Such notice shall advise that the
     8  participant may immediately terminate the sanction by either agreeing to
     9  comply with the requirements of this title consistent with  any  medical
    10  condition  which  may  limit  the individual's ability to participate in
    11  work activities or notifying the district that  he  or  she  has  become
    12  exempt from the requirements of this title.
    13    [6.]  5. Consistent with federal law and regulation and this title, no
    14  notice shall be issued as specified in subdivision  [two]  one  of  this
    15  section  unless it has been determined that the individual is not exempt
    16  from the requirements of this title and has determined that  appropriate
    17  child  care,  transportation  and  accommodations for disability were in
    18  place at the time of such failure or refusal to comply with the require-
    19  ments of this title and no  action  shall  be  taken  pursuant  to  this
    20  section  for  failure to participate in the program or refusal to accept
    21  employment if:
    22    (a) child care for a child under age thirteen (or  day  care  for  any
    23  incapacitated  individual  living in the same home as a dependent child)
    24  is necessary for an individual to participate or continue  participation
    25  in  activities pursuant to this title or accept employment and such care
    26  is not available and the social services district fails to provide  such
    27  care;
    28    (b)  (1)  the employment would result in the family of the participant
    29  experiencing a net loss of cash income; provided, however, a participant
    30  may not claim good cause under this paragraph  if  the  social  services
    31  district  assures that the family will not experience a net loss of cash
    32  income by making a supplemental payment;
    33    (2) net loss of cash income results if the family's gross income  less
    34  necessary  work-related  expenses  is  less than the cash assistance the
    35  participant was receiving at the time the offer of employment  is  made;
    36  or
    37    (c)  the  participant  meets other grounds for good cause set forth by
    38  the department in its implementation plan for this  title  which,  at  a
    39  minimum, must describe what circumstances beyond the household's control
    40  will constitute "good cause".
    41    § 3. Section 342 of the social services law is REPEALED.
    42    § 4. Section 342-a of the social services law, as added by chapter 562
    43  of the laws of 2015, is amended to read as follows:
    44    §  [342-a] 342.  Noncompliance with the requirements of this title. 1.
    45  [The provisions of this section shall apply to persons who are residents
    46  of a city having a population of one million or more people.
    47    2.] In accordance with the provisions of this  section  an  individual
    48  who is required to participate in work activities shall be ineligible to
    49  receive  public  assistance  if  he or she fails to comply, without good
    50  cause, with the requirements of this title and the district  has  deter-
    51  mined  that he or she is not exempt from such requirements and has veri-
    52  fied that appropriate child care, transportation, and accommodations for
    53  disability were in place at the time of such failure or refusal.    Such
    54  ineligibility  shall  be  for  the  amount  and period specified in this
    55  section. Good cause for failing to comply with the requirements of  this
    56  title  shall  be  defined  in department regulations, provided, however,
        A. 10165                            4

     1  that the parent or caretaker relative of a child under thirteen years of
     2  age shall not be subject to the ineligibility provisions of this section
     3  if the individual can demonstrate, in accordance with the regulations of
     4  the office of children and family services, that lack of available child
     5  care  prevents such individual from complying with the work requirements
     6  of this title. The parent or caretaker relative shall be responsible for
     7  locating the child care needed to meet the work requirements;  provided,
     8  however,  that  the  relevant  social  services district shall provide a
     9  parent or caretaker relative who demonstrates  an  inability  to  obtain
    10  needed  child care with a choice of two providers, at least one of which
    11  will be a regulated provider.
    12    [3.] 2. In the case of an applicant for or recipient of public assist-
    13  ance whom the district has determined is not exempt  from  the  require-
    14  ments  of  this  title  and  who is a parent or caretaker of a dependent
    15  child, the public assistance benefits otherwise available to the  house-
    16  hold  of  which  such  individual  is a member shall be reduced pro-rata
    17  until the individual is willing to comply with the requirements of  this
    18  title consistent with any medical condition which may limit the individ-
    19  ual's ability to participate in work activities.
    20    [4.]  3.  In  the case of an individual who is a member of a household
    21  without dependent children whom  the  district  has  determined  is  not
    22  exempt from the requirements of this title and who is applying for or in
    23  receipt  of safety net assistance, the public assistance benefits other-
    24  wise available to the household of which such  individual  is  a  member
    25  shall  be  reduced  pro-rata until the failure or refusal to comply with
    26  the requirements of this title consistent  with  any  medical  condition
    27  which  may  limit the individual's ability to participate in work activ-
    28  ities ceases.
    29    [5.] 4. A recipient of public assistance whom the district has  deter-
    30  mined is not exempt from the requirements of this title and who quits or
    31  reduces  his or her hours of employment without good cause or due to any
    32  medical condition which may limit the individual's  ability  to  partic-
    33  ipate  in  work  activities shall be considered to have failed to comply
    34  with the requirements of this  article  and  shall  be  subject  to  the
    35  provisions of this section.
    36    [6.]  5.  A  person described in paragraph (b) of subdivision seven of
    37  section one hundred fifty-nine of this chapter may not be sanctioned  if
    38  his  or her failure to comply with requirements of this title is related
    39  to his or her health status.
    40    § 5. Subdivision 6 of section 332-b of the  social  services  law,  as
    41  added  by  section  148 of part B of chapter 436 of the laws of 1997, is
    42  amended to read as follows:
    43    6. When an applicant or recipient receives notification of the examin-
    44  ing medical professional's disability determination,  he  or  she  shall
    45  also  be  notified  of his or her right to request a fair hearing within
    46  ten days of such notice. If such applicant timely requests a fair  hear-
    47  ing, no assignment to work activities pursuant to this title may be made
    48  pending such hearing and determination unless the applicant or recipient
    49  agrees  to  a  limited work assignment not inconsistent with the medical
    50  condition alleged by such person. Provided, however, that  if  a  social
    51  services district has reason to believe that such recipient or applicant
    52  does  not  actually  suffer from a work limiting condition, the district
    53  shall provide the applicant or recipient with notice of potential  sanc-
    54  tions  pursuant  to  subdivision  [three]  two  of section three hundred
    55  forty-two of this title, and provided further that  recipients  will  be
    56  subject  to  sanctions  pursuant  to  subdivision [three] two of section
        A. 10165                            5

     1  three hundred forty-two of this title if the district determines,  based
     2  on  clear  medical evidence, that there is no basis for the individual's
     3  claim that he or she is unable to fully engage in work  activities,  and
     4  that  the  individual  intentionally  misrepresented  his or her medical
     5  condition.
     6    § 6. This act shall take effect on the first of April next  succeeding
     7  the date on which it shall have become a law.