Bill Text: NY S00799 | 2023-2024 | General Assembly | Introduced

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Bill Title: Extends the period given to certain applicants for public assistance benefits to request a fair hearing on a determination of their ability to participate in work activities from ten days to sixty days or within sixty days of receipt of a work activity assignment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-05-20 - referred to social services [S00799 Detail]

Download: New_York-2023-S00799-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           799

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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  extending  the
          period  given  to certain applicants for public assistance benefits to
          request a fair hearing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 6 of section 332-b of the social services law,
     2  as added by section 148 of part B of chapter 436 of the laws of 1997, is
     3  amended to read as follows:
     4    6. When an applicant or recipient receives notification of the examin-
     5  ing medical professional's disability determination,  he  or  she  shall
     6  also  be  notified  of his or her right to request a fair hearing within
     7  [ten] sixty days of such notice or within sixty days  of  receipt  of  a
     8  work  activity  assignment.    If  such applicant timely requests a fair
     9  hearing, no assignment to work activities pursuant to this title may  be
    10  made  or  enforced  pending  such  hearing  and determination unless the
    11  applicant or recipient agrees to a limited work  assignment  not  incon-
    12  sistent  with  the  medical condition alleged by such person.  Provided,
    13  however, that if a social services district has reason to  believe  that
    14  such  recipient or applicant does not actually suffer from a work limit-
    15  ing condition, the district shall provide  the  applicant  or  recipient
    16  with  notice  of  potential  sanctions  pursuant to subdivision three of
    17  section three hundred forty-two of this title, and provided further that
    18  recipients will be subject to sanctions pursuant to subdivision three of
    19  section three hundred forty-two of this title  if  the  district  deter-
    20  mines,  based  on clear medical evidence, that there is no basis for the
    21  individual's claim that he or she is unable  to  fully  engage  in  work
    22  activities,  and that the individual intentionally misrepresented his or
    23  her medical condition.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03291-01-3