Bill Text: NY A10191 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to conciliation and non-compliance with public assistance employment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-06-02 - reported referred to ways and means [A10191 Detail]
Download: New_York-2015-A10191-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10191 IN ASSEMBLY May 16, 2016 ___________ Introduced by M. of A. WRIGHT -- 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 Section 341 of the social services law is REPEALED. 2 § 2.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-6dents of a city having a population of one million or more people.72.] (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. LBD14420-03-6A. 10191 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 socialA. 10191 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 is renumbered section 43 342. 44 § 5. This act shall take effect on the first of April next succeeding 45 the date on which it shall have become a law.
