{ "success" : true, "message" : "The document structure for SOS law", "responseType" : "law-tree", "result" : { "lawVersion" : { "lawId" : "SOS", "activeDate" : "2023-05-19" }, "info" : { "lawId" : "SOS", "name" : "Social Services", "lawType" : "CONSOLIDATED", "chapter" : "55" }, "publishedDates" : [ "2014-09-22", "2014-09-26", "2014-11-28", "2014-12-26", "2015-01-02", "2015-01-09", "2015-01-16", "2015-01-23", "2015-01-30", "2015-02-20", "2015-03-20", "2015-04-10", "2015-04-24", "2015-05-01", "2015-05-15", "2015-07-03", "2015-07-10", "2015-08-21", "2015-10-02", "2015-10-30", "2015-11-20", "2015-11-27", "2015-12-18", "2015-12-25", "2016-01-01", "2016-01-08", "2016-01-15", "2016-01-22", "2016-03-18", "2016-03-25", "2016-04-08", "2016-04-15", "2016-04-22", "2016-05-06", "2016-05-13", "2016-05-27", "2016-06-17", "2016-07-01", "2016-07-08", "2016-08-19", "2016-08-26", "2016-09-16", "2016-11-11", "2016-11-18", "2017-01-06", "2017-01-13", "2017-03-17", "2017-04-21", "2017-04-28", "2017-07-07", "2017-07-21", "2017-08-04", "2017-08-25", "2017-09-15", "2017-10-27", "2017-12-01", "2017-12-08", "2017-12-22", "2018-01-05", "2018-01-19", "2018-01-26", "2018-02-23", "2018-03-02", "2018-03-16", "2018-04-20", "2018-04-27", "2018-05-04", "2018-06-08", "2018-06-22", "2018-07-06", "2018-07-13", "2018-08-17", "2018-08-31", "2018-10-05", "2018-11-16", "2018-12-14", "2019-01-04", "2019-01-11", "2019-01-18", "2019-04-19", "2019-05-03", "2019-07-05", "2019-07-12", "2019-08-02", "2019-08-16", "2019-09-06", "2019-09-20", "2019-10-04", "2019-10-11", "2019-10-25", "2019-11-01", "2019-11-15", "2019-11-29", "2019-12-13", "2019-12-20", "2019-12-27", "2020-01-03", "2020-01-10", "2020-01-17", "2020-02-14", "2020-02-28", "2020-04-03", "2020-04-10", "2020-04-17", "2020-04-24", "2020-05-01", "2020-06-19", "2020-07-03", "2020-07-24", "2020-10-02", "2020-11-13", "2020-12-04", "2020-12-18", "2021-01-08", "2021-01-29", "2021-02-05", "2021-02-19", "2021-04-02", "2021-04-09", "2021-04-23", "2021-05-14", "2021-06-04", "2021-06-18", "2021-07-02", "2021-07-09", "2021-07-30", "2021-08-06", "2021-08-13", "2021-09-10", "2021-10-01", "2021-10-08", "2021-10-15", "2021-11-12", "2021-11-19", "2021-12-03", "2021-12-17", "2021-12-24", "2021-12-31", "2022-01-07", "2022-02-11", "2022-03-04", "2022-03-18", "2022-04-01", "2022-04-08", "2022-04-15", "2022-04-22", "2022-04-29", "2022-06-03", "2022-06-24", "2022-07-01", "2022-07-08", "2022-07-22", "2022-07-29", "2022-08-19", "2022-10-07", "2022-10-14", "2022-11-25", "2022-12-02", "2022-12-09", "2022-12-16", "2022-12-23", "2022-12-30", "2023-01-06", "2023-01-13", "2023-01-20", "2023-03-03", "2023-03-10", "2023-03-17", "2023-03-24", "2023-03-31", "2023-04-07", "2023-05-12", "2023-05-19", "2023-05-26", "2023-06-09", "2023-06-23", "2023-07-07", "2023-07-21", "2023-09-29", "2023-10-06", "2023-10-20", "2023-10-27", "2023-11-26", "2023-12-29", "2024-01-05", "2024-01-19", "2024-02-02", "2024-02-09", "2024-02-16", "2024-03-29", "2024-04-26", "2024-05-03", "2024-08-02", "2024-08-09", "2024-08-30", "2024-09-06", "2024-09-20", "2024-10-04", "2024-11-15", "2024-11-22", "2024-11-29", "2024-12-13", "2024-12-20", "2024-12-27", "2025-01-03", "2025-01-10", "2025-01-24", "2025-01-31", "2025-02-21", "2025-02-28", "2025-03-28", "2025-04-04", "2025-05-16", "2025-05-30", "2025-06-13", "2025-06-27", "2025-08-01", "2025-10-03", "2025-10-24", "2025-11-07", "2025-11-14", "2025-11-28", "2025-12-19", "2025-12-26", "2026-01-02", "2026-01-30", "2026-02-06", "2026-02-13", "2026-02-20", "2026-02-27", "2026-03-13", "2026-04-03", "2026-04-24", "2026-05-15", "2026-05-22", "2026-05-29", "2026-06-05", "2026-06-12", "2026-06-19" ], "documents" : { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "-CH55", "title" : "Social Services", "docType" : "CHAPTER", "publishedDates" : [ "2014-09-22", "2015-01-23", "2015-12-25", "2016-09-16", "2016-11-11", "2017-04-28", "2017-12-01", "2019-04-19", "2021-04-02", "2021-04-23", "2021-12-31", "2022-01-07", "2023-03-03", "2023-05-12", "2023-05-19" ], "docLevelId" : "55", "activeDate" : "2023-05-19", "sequenceNo" : 1, "repealedDate" : null, "fromSection" : "1", "toSection" : "552", "text" : " CHAPTER 55 OF THE CONSOLIDATED LAWS\\n SOCIAL SERVICES LAW\\n AN ACT relating to social services, constituting chapter fifty-five of\\n the consolidated\\n laws.\\nBecame a law April 18, 1940, with approval of the Governor. Passed,\\n three-fifths being present\\n The People of the State of New York, represented in Senate and\\nAssembly, do enact as follows:\\nArticle 1. Short title; definitions (§§ 1-2).\\n 2. Department and state board of social welfare (§§ 5-40).\\n 2-A. Shelter and supported housing programs (§§ 41-52).\\n Title 1. Homeless housing and assistance program (§§ 41-44).\\n 2. Single room occupancy support services program\\n (§§ 45--45-g).\\n 4. Homelessness intervention program (§§ 48-52).\\n 3. Local public welfare organization; powers and duties (§§\\n 56-116).\\n Title 1. Application (§§ 56-58).\\n 2. Public welfare districts and their responsibility\\n for public assistance and care (§§ 61-64).\\n 3. County public welfare districts (§§ 65-73).\\n 3-A. Intergration of local public welfare administration\\n (§§ 74--74-i).\\n 4. City public welfare districts (§§ 77-79).\\n 5. Records, reports, funds and appropriations\\n (§§ 80-97).\\n 6. Powers to enforce support (§§ 101-111).\\n 6-A. Establishment of paternity and enforcement of\\n support (§§ 111-a--111-v).\\n 6-B. Services for enforcement of support provided by the\\n department of social services (§§ 111-y--111-z).\\n 7. Local personnel training; research and\\n demonstration projects; special state\\n reimbursement (§§ 112-115).\\n 7-B. Chief executive officers of local welfare\\n departments: appointment (§ 116).\\n 4. Residence and removal (§§ 117-122).\\n 5. Assistance and care (§§ 131--370-aa).\\n Title 1. General provisions (§§ 131--152-d).\\n 2. State reimbursement for public assistance and care\\n (§§ 153-154).\\n 3. Home relief (§§ 157-165).\\n 4. Veteran assistance (§§ 168-178).\\n 5. Public institutional care for adults (§§ 193-202).\\n 6. Additional state payments for eligible aged, blind\\n and disabled persons (§§ 207-212).\\n 7. Services for the aged, blind and disabled\\n (§§ 250-259).\\n 8. Emergency assistance for aged, blind and disabled\\n persons (§§ 300-309).\\n 9-A. Equipment loan fund for the disabled\\n (§§ 326-a--326-b).\\n 9-B. Public assistance employment programs\\n (§§ 330--342-a).\\n 10. Aid to dependent children (§§ 343-360).\\n 11. Medical assistance for needy persons (§§ 363-369).\\n 11-B. Health insurance continuation program for persons\\n with AIDS. (§§ 369-k--369-n)\\n 11-C. Medicaid drug utilization review.\\n (§§ 369-aa--369-cc).\\n 11-D. Basic health program. (§ 369-gg).\\n 12. Community centers and services for senior\\n citizens. (§§ 370--370-b).\\n 12-A. Supports and services for youth suffering from\\n adverse childhood experiences. (§ 370-c).\\n 13. State Heating Fuel Crisis Assistance. (§ 370-aa).\\n 6. Children (§§ 371-458-l).\\n Title 1. Care and protection of children (§§ 371-393).\\n 1-A. Child care creation and expansion tax credit\\n program (§§ 394--394-g).\\n 2. Powers and duties of public welfare officials\\n (§§ 395-404).\\n 3. Child welfare services (§§ 406-408).\\n 4. Preventive services for children and their\\n families (§§ 409--409-a).\\n 4-A. Child welfare services planning and administration\\n (§§ 409-d--409-g)\\n 4-B. Services; pregnant adolescents (§§ 409-i--409-n).\\n 5. Day care for certain children (§§ 410--410-ccc).\\n 5-A. Youth facilities improvement act\\n (§§ 410-d--410-o).\\n 5-B. Child care resource and referral program.\\n (§§ 410-p--410-t).\\n 5-C. Block grant for child care. (§§ 410-u--410-z).\\n 6. Child protective services (§§ 411-428).\\n 6-A. Home visiting (§ 429).\\n 7. Day services for children and families\\n (§§ 430-434).\\n 8. State child care review service (§§ 440-446).\\n 8-A. Safe harbour for exploited children act\\n (§§ 447-a--447-b).\\n 9. Subsidies for the adoption of children\\n (§§ 450-458).\\n 10. Kinship guardianship assistance program\\n (§§ 458-a--458-f).\\n 11. Education reform program (§ 458-l).\\n 12. Family support services programs (§§\\n 458-m--458-n).\\n 12-A. Differential response programs for children under\\n twelve (§ 458-o).\\n 6-A. Domestic violence prevention act (§§ 459-a--459-h).\\n 7. Residential care programs for adults and children\\n (§§ 460--463-b).\\n Title 1. General provisions (§§ 460--460-h).\\n 2. Residential programs for adults (§§ 461--461-u).\\n 3. Residential programs for children (§§ 462--462-b).\\n 4. Registry of community residential facilities\\n (§§ 463--463-b).\\n 8. New York state rural human services networking program\\n (§§ 464--464-f)\\n 8-A. Nutrition outreach and public education program\\n (§§ 465--465-d).\\n 8-B. Transitional care (§§ 466-a--466-b).\\n 9-A. Berkshire Industrial Farm (§§ 472-e--472-q).\\n Title 2. Berkshire Industrial Farm (§§ 472-e-472-q).\\n 9-B. Adult protective services (§§ 473--473-e).\\n Title 1. Protective services (§ 473).\\n 2. Short-term involuntary protective services orders\\n (§§ 473-a--473-c).\\n 3. Community guardianship (§§ 473-d--473-e).\\n 10. General provisions applicable to charitable institutions\\n (§§ 474-480).\\n 10-A. William B. Hoyt memorial children and family trust fund\\n act (§§ 481-a--481-f).\\n 10-B. Statewide settlement house program (§§ 482-a--482-c).\\n 10-C. State council on children and families (§§ 483--483-h).\\n 10-D. Services for victims of human trafficking\\n (§§ 483-aa--483-ff).\\n 11. Construction; laws repealed; when to take effect\\n (§§ 484-486).\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A1", "title" : "Short Title; Definitions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 2, "repealedDate" : null, "fromSection" : "1", "toSection" : "2", "text" : " ARTICLE 1\\n SHORT TITLE; DEFINITIONS\\nSection 1. Short title.\\n 2. Definitions.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "1", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 3, "repealedDate" : null, "fromSection" : "1", "toSection" : "1", "text" : " § 1. Short title. This chapter shall be known as the social services\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "2", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2017-07-07", "2017-12-08", "2018-03-02", "2018-04-27", "2020-04-17", "2020-04-24", "2022-07-29", "2023-05-12", "2024-01-05", "2024-05-03", "2026-05-29" ], "docLevelId" : "2", "activeDate" : "2023-05-12", "sequenceNo" : 4, "repealedDate" : null, "fromSection" : "2", "toSection" : "2", "text" : " § 2. Definitions. When used in this chapter unless otherwise expressly\\nstated or unless the context or subject matter requires a different\\ninterpretation.\\n 1. Department means the state department of social services, provided\\nhowever that for purposes of titles eleven, eleven-A and eleven-B of\\narticle five of this chapter, department means the state department of\\nhealth, except that in subdivisions two and three of section three\\nhundred sixty-four-i, clause (d) of subparagraph three of paragraph (b)\\nof subdivision two of section three hundred sixty-six, paragraph (b) of\\nsubdivision four of section three hundred sixty-six, subdivisions one\\nthrough five of section three hundred sixty-six-a, subdivision seven of\\nsection three hundred sixty-six-a, and section three hundred\\nsixty-eight-c of this chapter and where the context thereof clearly\\nrequires otherwise, department means the state department of social\\nservices.\\n 2. Board means the state board of social welfare as continued by the\\nexecutive law.\\n 6. Commissioner means the state commissioner of social services,\\nprovided however that for purposes of titles eleven, eleven-A and\\neleven-B of article five of this chapter, commissioner means the state\\ncommissioner of health, except that in clause (c) of subparagraph three\\nof paragraph (b) of subdivision two of section three hundred sixty-six\\nof this chapter and where the context thereof clearly requires\\notherwise, commissioner means the state commissioner of social services.\\n 7. Social services district means a city or county social services\\ndistrict as constituted by section sixty-one.\\n 8. County commissioner of social services shall mean the county\\nofficer, board or commission, by whatever title known, having authority\\nto give the public assistance and care for the administration of which a\\ncounty social services district is responsible.\\n 9. City commissioner of social services shall mean the city officer,\\nboard or commission, by whatever title known, having authority to give\\nthe public assistance and care for the administration of which a city\\nsocial services district is responsible.\\n 10. Commissioner of social services shall mean a city or county\\ncommissioner of social services.\\n 14. Social services official shall mean a county commissioner of\\nsocial services, a city commissioner of social services, a town social\\nservices officer or city social services officer to whom the power or\\nduty referred to is assigned under the provisions of this chapter. In\\nany law where reference is made by any title to an official charged with\\nthe duty of caring for the poor in a town, city or county, it shall be\\nunderstood as referring to the one of the above mentioned social\\nservices officials on whom the power or duty referred to is conferred\\nunder the provisions of this chapter.\\n 15. Public home means an adult care facility or a residential health\\ncare facility operated by a social services district. In any law where\\nreference is made by any name to an almshouse maintained at public\\nexpense, it shall be construed as referring to a public home.\\n 16. Legislative body means the board or boards empowered to make\\nappropriations for public assistance and care in a county, town or city.\\n 17. Social services department means the division or officer of city\\ngovernment or the office or official or board charged with the authority\\nto administer public assistance or care in the county social services\\ndistrict.\\n 18. Public assistance and care includes family assistance, safety net\\nassistance, veteran assistance, medical assistance for needy persons,\\ninstitutional care for adults and child care granted at public expense\\npursuant to this chapter.\\n 19. Public assistance refers to family assistance, safety net\\nassistance and veteran assistance.\\n * 21. Adult care facility shall mean a family type home for adults, a\\nshelter for adults, a residence for adults, an enriched housing program\\nor an adult home, which provides temporary or long-term residential care\\nand services to adults who, though not requiring continual medical or\\nnursing care as provided by facilities licensed pursuant to article\\ntwenty-eight of the public health law or articles nineteen,\\ntwenty-three, thirty-one and thirty-two of the mental hygiene law, are\\nby reason of physical or other limitations associated with age, physical\\nor mental disabilities or other factors, unable or substantially unable\\nto live independently. In addition, a residence for adults, enriched\\nhousing program or an adult home may provide services to non-residents\\nin accordance with the provisions of section four hundred sixty-one-k of\\nthis chapter.\\n * NB Effective until July 1, 2026\\n * 21. Adult care facility shall mean a family type home for adults, a\\nshelter for adults, a residence for adults, an enriched housing program\\nor an adult home, which provides temporary or long-term residential care\\nand services to adults who, though not requiring continual medical or\\nnursing care as provided by facilities licensed pursuant to article\\ntwenty-eight of the public health law or articles nineteen, twenty-three\\nand thirty-one of the mental hygiene law, are by reason of physical or\\nother limitations associated with age, physical or mental disabilities\\nor other factors, unable or substantially unable to live independently.\\n * NB Effective July 1, 2026\\n 22. A family type home for adults shall mean an adult care facility\\nestablished and operated for the purpose of providing long-term\\nresidential care and personal care and/or supervision to four or fewer\\nadult persons unrelated to the operator.\\n 23. A shelter for adults shall mean an adult care facility established\\nand operated for the purpose of providing temporary residential care,\\nroom, board, supervision, information and referral, and where required\\nby the department or otherwise deemed necessary by the operator, social\\nrehabilitation services, for adults in need of temporary accommodations,\\nsupervision and services. Such definition shall not include facilities\\nproviding such temporary residential services to fewer than twenty\\npersons, unless such facility is operated by a social services district.\\n 24. A residence for adults shall mean an adult care facility\\nestablished and operated for the purposes of providing long-term\\nresidential care, room, board, housekeeping and supervision to five or\\nmore adults, unrelated to the operator. The provisions of this\\nsubdivision shall not apply to any housing projects established pursuant\\nto the private housing finance law, the public housing law, the\\nmembership corporations law or the not-for-profit corporation law except\\nfor those distinct programs operated by such projects which provide\\nsupervision and/or personal care and which are approved or certified by\\nthe department.\\n 25. An adult home shall mean an adult care facility established and\\noperated for the purpose of providing long-term residential care, room,\\nboard, housekeeping, personal care, (either directly or indirectly), and\\nsupervision to five or more adults unrelated to the operator. The\\nprovisions of this subdivision shall not apply to any housing projects\\nestablished pursuant to the private housing finance law, the public\\nhousing law, the membership corporations law or the not-for-profit\\ncorporation law except for those distinct programs operated by such\\nprojects which provide supervision and/or personal care and which are\\napproved or certified by the department.\\n 26. A private proprietary residence for adults shall mean a residence\\nfor adults, as defined by subdivision twenty-four of this section, which\\nis operated for compensation and profit.\\n 27. A private proprietary adult home shall mean an adult home, as\\ndefined by subdivision twenty-five of this section, which is operated\\nfor compensation and profit.\\n 28. An enriched housing program shall mean an adult care facility\\nestablished and operated for the purpose of providing long-term\\nresidential care to five or more adults, primarily persons sixty-five\\nyears of age or older, in community-integrated settings resembling\\nindependent housing units. Such program shall provide or arrange the\\nprovision of room, and provide board, housekeeping, personal care and\\nsupervision.\\n 29. For purposes of title two, and, where applicable, title one of\\narticle seven of this chapter, an operator shall include any natural\\nperson or entity which provides or purports to provide residential care\\nand services in an adult care facility.\\n 30. An intermediate care facility shall mean a facility or part\\nthereof approved by the state department of health to provide therein\\nhealth-related care and services to persons who because of their\\nphysical or mental condition, or both, require institutional care and\\nservices, in addition to board and lodging, but who do not have such an\\nillness, disease, injury, or other condition as to require the\\ninstitutional care and services provided only by a hospital or nursing\\nhome, providing such facility meets standards of safety and sanitation\\nin accordance with state and federal requirements in addition to those\\napplicable to nursing homes under state law.\\n 31. The term \"infant\" or \"minor\" shall mean a person who has not\\nattained the age of eighteen years except with respect to article six of\\nthis chapter.\\n 32. \"Residential treatment facility for children and youth\" shall have\\nthe meaning defined in section 1.03 of the mental hygiene law.\\n 33. \"Residential care center for adults\" shall have the meaning\\ndefined in section 1.03 of the mental hygiene law.\\n 35. Indian tribe shall mean those tribes designated as Indian tribes\\nby the bureau of Indian affairs of the federal department of the\\ninterior or by the state of New York.\\n 36. Indian child shall mean any unmarried person who:\\n (a) is under the age of eighteen; or\\n (b) is under the age of twenty-one, entered foster care prior to\\nhis/her eighteenth birthday and remains in care, and who:\\n (i) is a member of an Indian tribe, or\\n (ii) is eligible for membership in an Indian tribe, or\\n (iii) is the biological child of a member of an Indian tribe and is\\nresiding on or is domiciled within an Indian reservation.\\n * 37. \"Comprehensive psychiatric emergency program\" shall have the\\nmeaning defined in section 1.03 of the mental hygiene law.\\n * NB Repealed July 1, 2024\\n 38. When used in this chapter, the following terms shall have the\\nfollowing meanings, unless otherwise expressly stated or unless the\\ncontext or subject matter requires a different interpretation:\\n (a) \"Medicaid\" or \"medical assistance\" means title eleven of article\\nfive of this chapter and the program thereunder.\\n (b) \"Family health plus\" means title eleven-D of article five of this\\nchapter and the program thereunder.\\n (c) \"Child health plus\" means title one-A of article twenty-five of\\nthe public health law and the program thereunder.\\n (d) \"Medicaid managed care\" means Medicaid provided under section\\nthree hundred sixty-four-j of this chapter.\\n (e) \"Medicaid fee-for-service\" means Medicaid provided other than\\nunder Medicaid managed care.\\n * (f) \"Verification organization\" means an entity, operating in a\\nmanner consistent with applicable federal and state confidentiality and\\nprivacy laws and regulations, which uses electronic means including but\\nnot limited to contemporaneous telephone verification or contemporaneous\\nverified electronic data to verify whether a service or item was\\nprovided to an eligible medicaid recipient. For each service or item the\\nverification organization shall capture:\\n (i) the identity of the individual providing services or items to the\\nmedicaid recipient;\\n (ii) the identity of the Medicaid recipient; and\\n (iii) the date, time, duration, location and type of service or item.\\n A list of verification organizations shall be jointly developed by the\\ndepartment of health and the office of the medicaid inspector general.\\n * NB Repealed January 1, 2024\\n * (g) \"Exception report\" means an electronic report containing all the\\ndata fields in paragraph (f) of this subdivision for conflicts between\\nservices or items on the basis of the identity of the person providing\\nthe service or item to the medicaid recipient, the identity of the\\nmedicaid recipient, and/or time, date, duration or location of service;\\n * NB Repealed January 1, 2024\\n * (h) \"Conflict report\" means an electronic report containing all of\\nthe data fields in paragraph (f) of this subdivision detailing\\nincongruities in services or items between scheduling and/or location of\\nservice when compared to a duty roster.\\n * NB Repealed January 1, 2024\\n * (i) \"Participating provider\" means a certified home health agency,\\nlong term home health agency or personal care provider with total\\nmedicaid reimbursements, including reimbursements through the managed\\ncare program established pursuant to section three hundred sixty-four-j\\nof this chapter, exceeding fifteen million dollars per calendar year.\\n * NB Repealed January 1, 2024\\n 39. \"Mental illness\" shall have the same meaning as defined in section\\n1.03 of the mental hygiene law.\\n 40. \"Developmental disability\" shall have the same meaning as defined\\nin section 1.03 of the mental hygiene law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A2", "title" : "Department and State Board of Social Welfare", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2018-04-20", "2019-10-25" ], "docLevelId" : "2", "activeDate" : "2019-10-25", "sequenceNo" : 5, "repealedDate" : null, "fromSection" : "5", "toSection" : "40", "text" : " ARTICLE 2\\n DEPARTMENT AND STATE BOARD OF SOCIAL WELFARE\\nSection 5. Department of social welfare.\\n 11. Commissioner of social services.\\n 12. Deputy commissioners.\\n 13. Organization of the department.\\n 14. Employees; compensation.\\n 16. Offices of the Department.\\n 17. Powers and duties of the commissioner.\\n 20. Powers and duties of the department.\\n 20-a. Local personnel; limitations on department's power.\\n 20-b. Plan for in-home care of senior citizens.\\n 20-c. Privatization.\\n 20-d. Training of direct care workers in adverse childhood\\n experiences.\\n 21. Welfare management system.\\n 21-a. Electronic benefit transfer system.\\n 22. Appeals and fair hearings; judicial review.\\n 23. Wage reporting system.\\n 28. Gifts and bequests.\\n 29. Federal agency.\\n 30. Continuation of salaries of local and state welfare\\n employees receiving training for the better performance\\n of their duties.\\n 31. Fellowships and scholarships for local and state public\\n welfare employees.\\n 32. Reciprocal agreements.\\n 33. Contracts for supplies and commodities needed in the\\n administration of assistance.\\n 34. General powers and duties of the commissioner.\\n 34-a. Services planning requirements.\\n 35. Legal representation of individuals whose federal\\n disability benefits have been denied or may be\\n discontinued.\\n 36. Studies.\\n 36-a. Department research and demonstration projects.\\n 36-b. Local flexibility incentive pilot program.\\n 36-c. Savings plan for the city of New York.\\n 37. Reports of and to department.\\n 38. Commission for the blind.\\n 39. Indian affairs.\\n 40. Real property; purchase or acquisition.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "5", "title" : "Department of social welfare", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 6, "repealedDate" : null, "fromSection" : "5", "toSection" : "5", "text" : " § 5. Department of social welfare. The state department of social\\nwelfare, provided for in the constitution, is hereby continued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "11", "title" : "Commissioner of social services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 7, "repealedDate" : null, "fromSection" : "11", "toSection" : "11", "text" : " § 11. Commissioner of social services. The chief executive and\\nadministrative officer of the department shall be the commissioner of\\nsocial services, who shall be appointed by the governor with the advice\\nand consent of the senate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "12", "title" : "Deputy commissioners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12", "activeDate" : "2014-09-22", "sequenceNo" : 8, "repealedDate" : null, "fromSection" : "12", "toSection" : "12", "text" : " § 12. Deputy commissioners. The Commissioner shall appoint and\\nremove at pleasure a first deputy commissioner, and such other deputy\\ncommissioners as he shall deem necessary for the proper organization and\\ngeneral classification of the work of the department, each of whom shall\\nbe in the exempt class of the civil service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "13", "title" : "Organization of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 9, "repealedDate" : null, "fromSection" : "13", "toSection" : "13", "text" : " § 13. Organization of the department. The commissioner shall\\ndetermine the structure of departmental organization.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "14", "title" : "Employees; compensation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "14", "activeDate" : "2014-09-22", "sequenceNo" : 10, "repealedDate" : null, "fromSection" : "14", "toSection" : "14", "text" : " § 14. Employees; compensation. In addition to his deputies, the\\ncommissioner may appoint and remove from time to time, in accordance\\nwith law and any applicable rules of the state civil service commission,\\nsuch employees as he may deem necessary for the efficient administration\\nof the department. The compensation of employees appointed by the\\ncommissioner pursuant to this section shall be determined by him in\\naccordance with law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "16", "title" : "Offices of the Department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "16", "activeDate" : "2014-09-22", "sequenceNo" : 11, "repealedDate" : null, "fromSection" : "16", "toSection" : "16", "text" : " § 16. Offices of the Department. The department shall be provided\\nwith suitably furnished rooms for its offices. The principal office of\\nthe department shall be in the county of Albany.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "17", "title" : "Powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-04-08", "2017-12-01", "2017-12-08", "2018-03-02", "2018-04-27", "2019-04-19", "2019-11-29", "2019-12-20", "2020-02-28", "2020-11-13", "2020-12-18", "2021-01-29", "2021-05-14", "2022-04-15", "2023-12-29", "2024-02-16", "2025-05-16", "2026-01-30" ], "docLevelId" : "17", "activeDate" : "2022-04-15", "sequenceNo" : 12, "repealedDate" : null, "fromSection" : "17", "toSection" : "17", "text" : " § 17. Powers and duties of the commissioner. The commissioner shall\\n (a) determine the policies and principles upon which public\\nassistance, services and care shall be provided within the state both by\\nthe state itself and by the local governmental units within the limits\\nhereinafter prescribed in this chapter;\\n (b) make known his policies and principles to local social services\\nofficials and to public and private institutions and welfare agencies\\nsubject to his regulatory and advisory powers;\\n (c) in consultation with the civil service commission, establish\\nminimum qualifications for positions in local social services\\ndepartments and classify such positions according to differing\\ncapabilities, skills, responsibilities and education suitable to the\\nvarious phases of welfare administration, not inconsistent with the\\nstandards and guidelines of a duly authorized federal agency, having due\\nregard for recruitment of personnel and the requirements and varying\\ntypes of communities within the state. Notwithstanding any inconsistent\\nprovision of law, rule or regulation, when (i) a position is vacant and\\nnot filled for a continuous period of three months, and (ii) provided\\nthat no person meeting all the prescribed minimum qualifications is\\navailable therefore, the local social services commissioner may, if in\\naccordance with federal standards, waive those qualifications which he\\ndeems least essential for such position and make a provisional\\nappointment of a person otherwise qualified therefor;\\n (d) submit an annual report to the governor and the legislature prior\\nto the fifteenth day of December of each year. Such annual report shall\\ninclude the following: the affairs of the department and the status of\\nwelfare programs in the state with recommendations for the improvement\\nand development of welfare programs; a report on the department's fair\\nhearing system, as required by section twenty-two of this article; a\\nwritten evaluation report on the delivery of child welfare services in\\nthe state, as required by subdivision five of section four hundred seven\\nof this chapter; a report of the operations of the state central\\nregister of child abuse and maltreatment and the various local child\\nprotective services, as required by section four hundred twenty-six of\\nthis chapter; a report on the number and status and the findings of\\ninvestigations of deaths of children pursuant to subdivision five of\\nsection twenty of this chapter; a report on the progress of the\\ndevelopment and operation of the child care review system, as required\\nby subdivision nine of section four hundred forty-two of this chapter;\\ncommencing before December fifteenth, nineteen hundred eighty-four and\\nterminating on December fifteenth, nineteen hundred eighty-nine, a\\nprogress report on the planning and implementation of the teenage\\nservices act as required by the provisions of section four hundred\\nnine-m of title four-B of this chapter; an analysis of the information\\ncontained in the registry of community facilities, as required by\\nparagraph (b) of subdivision two of section four hundred sixty-three-a\\nof this chapter; and a report on the operation of the child support\\nenforcement program, as required by chapter six hundred eighty-five of\\nthe laws of nineteen hundred seventy-five;\\n * (d-1) in consultation with the commissioner of the division of\\ncriminal justice, submit a report to the governor, the speaker of the\\nassembly, the temporary president of the senate and the chairs of the\\nassembly and senate standing committee on social services, on the\\nservices provided to human trafficking survivors for the purpose of\\nassessing the availability, utilization and necessity for such services.\\nThe initial report shall be provided one year after the effective date\\nof this subdivision and annually thereafter and shall include, but not\\nbe limited to, the following:\\n (i) the number of human trafficking referrals made to the office of\\ntemporary and disability assistance including the number of confirmed\\ncases;\\n (ii) the number of human trafficking survivors that received housing\\nand/or services, with specific information about the type of housing or\\nservice;\\n (iii) the number of human trafficking survivors that did not receive\\nhousing and/or services, and an indication as to what type of housing\\nand/or service was requested and whether such housing and/or services\\nwere denied due to a lack of availability or because the case was not\\nconfirmed; and\\n (iv) information pertaining to the types of services provided by\\nproviders such as: (1) the number of current contracts to provide\\nhousing and services for human trafficking survivors and their annual\\nfunding levels, broken down by contract; (2) the number of contracts\\nand/or services that have ended, been terminated or not renewed and the\\nreason why; (3) the types of housing and/or services that are provided,\\nas well as the availability of such services, including the geographic\\nlocation of such housing or service; and (4) any other information the\\noffice of temporary and disability assistance deems appropriate.\\n * NB There are 2 sb (d-1)'s\\n * (d-1)(1) in consultation with each local health department and each\\nsocial services district in the county in which a publicly funded\\nshelter is located, the commissioner of the department of health, the\\ncommissioner of the office of children and family services, the\\ncommissioner of the New York city department of homeless services, and\\nthe commissioner of the New York city department of health and mental\\nhygiene, conduct a review of information, to the extent such information\\nis known and available after making all diligent efforts, regarding the\\nhomeless population in publicly funded shelters, during a state disaster\\nemergency, declared pursuant to executive order two hundred two of two\\nthousand twenty or any extension or subsequent executive order issued in\\nresponse to the novel coronavirus (COVID-19) pandemic, including but not\\nlimited to, the following information:\\n (i) the number of confirmed infected individuals;\\n (ii) the number of hospitalizations;\\n (iii) the number of deaths;\\n (iv) information regarding the individual, if known: (a) age; (b)\\nrace; (c) family composition; (d) shelter status; (e) type of shelter\\nincluding: family shelter, a shelter for adults, a hotel, an emergency\\napartment, a domestic violence shelter, a runaway and homeless youth\\nshelter, or a safe house for refugees; (f) any known risk factors; and\\n(g) any other information the office deems appropriate;\\n (v) with regard to individuals residing in a residential program for\\nvictims of domestic violence or for runaway and homeless youth,\\ninformation regarding the average number of individuals reported with a\\nconfirmed infection, the number and percentage of programs struggling\\nwith an outbreak, and the number and percentage of residents impacted in\\nthose programs compared to the program's maximum capacity.\\n (2) in consultation with the commissioner of health, utilizing the\\ninformation reviewed pursuant to paragraph (1) of this subdivision and\\nto the extent that confidentiality requirements set forth in law and\\nregulation are maintained publish a report containing such information\\naggregated by county. When confidentiality requirements set forth in law\\nand regulation prevent the publication of information aggregated by\\ncounty, the report shall contain such information aggregated for\\nmultiple counties and organized by geographic region. Notwithstanding\\nany other provision of this paragraph, for residential programs for\\nvictims of domestic violence and runaway and homeless youth, reported\\ninformation shall be aggregated on a statewide basis.\\n (3) post the report on the office of temporary and disability\\nassistance's website within sixty days of the effective date of this\\nparagraph and update the report at least every three months thereafter\\nduring the state disaster emergency declared pursuant to executive order\\ntwo hundred two of two thousand twenty or any extension or subsequent\\nexecutive order issued in response to the novel coronavirus (COVID-19)\\npandemic.\\n * NB There are 2 sb (d-1)'s\\n (e) work cooperatively with the commissioner of the office of mental\\nhealth and the commissioner of the office for people with developmental\\ndisabilities to assist the commissioner of education in furnishing\\nintegrated employment services to individuals with severe disabilities,\\nincluding the development of an integrated employment implementation\\nplan pursuant to article twenty-one of the education law;\\n (f) in conjunction with the commissioner of education, develop and\\nannually review a plan to ensure coordination and access to education\\nfor homeless children, in accordance with the provisions of section\\nthirty-two hundred nine of the education law, and monitor compliance of\\nlocal social services districts with such plan;\\n (g) require participation of all employees of a child protective\\nservice in a training course which has been developed by the office for\\nthe prevention of domestic violence in conjunction with the office of\\nchildren and family services whose purpose is to develop an\\nunderstanding of the dynamics of domestic violence and its connection to\\nchild abuse and neglect. Such course shall:\\n (i) pay special attention to the need to screen for domestic violence;\\n (ii) place emphasis on the psychological harm experienced by children\\nwhose environment is impacted by familial violence and accordingly\\nexplore avenues to keep such children with the non-abusive parent rather\\nthan placing them in foster care further traumatizing both the victim\\nand the children;\\n (iii) provide instruction regarding the scope of legal remedies for\\nthe abused parent;\\n (iv) identify obstacles that prevent individuals from leaving their\\nbatterers and examine safety options and services available for the\\nvictim;\\n (v) provide information pertaining to the unique barriers facing\\ncertain immigrant women and the options available under the federal\\nViolence Against Women Act;\\n (vi) analyze procedures available to sanction and educate the abusing\\npartner; and\\n (vii) emphasize the need for the system to hold the abusing partner\\nresponsible by appropriate referrals to law enforcement.\\n (h) make available on its website all award allocations for request\\nfor proposals issued by the office of children and family services upon\\nrelease of such awards. Such information shall also include all\\norganizations requesting funding and the amounts requested for each\\nrequest for proposal. The office of children and family services may\\nalso include any other information related to each program that it deems\\nappropriate;\\n (i) make available to the council on children and families information\\nregarding: (1) all recipients of grants awarded or administered by the\\noffice of children and family services for the purposes of providing\\nafterschool programs; (2) registered school age child care providers\\nregistered by the office of children and family services; and (3) home\\nvisiting programs that meet the criteria as required by section four\\nhundred twenty-nine of this chapter regardless of whether they have a\\ncontract with or receive funding from the state. Such information shall\\nbe provided in accordance with the requirements set forth in subdivision\\ntwo of section four hundred eighty-three-h of this chapter. Such\\ninformation shall be made available no less than once a year; and\\n * (i) exercise such other powers and perform such other duties as may\\nbe imposed by law.\\n * NB Effective March 31, 2025\\n * (j) have the authority appoint a temporary operator in accordance\\nwith this subdivision:\\n (1) For the purposes of this subdivision:\\n (i) \"Building\" shall mean an entire building or a unit within that\\nprovides emergency shelter to homeless persons.\\n (ii) \"Commissioner\" shall mean the commissioner of the office or his\\nor her designee.\\n (iii) \"Data\" shall mean written documentation or knowledge obtained in\\nthe course of an inspection, audits, or other methods authorized by law.\\n (iv) \"Emergency shelter\" means any building with overnight sleeping\\naccommodations, the primary purpose of which is to provide temporary\\nshelter for the homeless in general or for specific populations of the\\nhomeless, including residential programs for victims of domestic\\nviolence and runaway and homeless youth programs certified by the office\\nof children and family services.\\n (v) \"Established operator\" shall mean a provider of emergency shelter.\\n (vi) \"Serious financial, health or safety deficiency\" shall include,\\nbut not be limited to, missed mortgage payments, missed rent payments, a\\npattern of untimely payment of debts, failure to pay its employees or\\nvendors, insufficient funds to meet the general operating expenses of\\nthe program, or a violation of law, regulation, or code with respect to\\na building that provides emergency shelter to homeless persons, in which\\nthere are conditions that are dangerous, hazardous, imminently\\ndetrimental to life or health, or otherwise render the building not fit\\nfor human habitation.\\n (vii) \"Temporary operator\" shall mean any provider of emergency\\nshelter that:\\n (A) agrees to provide emergency shelter pursuant to this chapter on a\\ntemporary basis in the best interests of its homeless individuals and\\nfamilies served by the building;\\n (B) has a history of compliance with applicable laws, rules, and\\nregulations and a record of providing emergency shelter of good quality,\\nas determined by the commissioner; and\\n (C) prior to appointment as temporary operator, develops a plan\\ndetermined to be satisfactory by the commissioner to address the\\nbuilding's deficiencies.\\n (2) (i) A temporary operator may only be appointed after the emergency\\nshelter has been provided notice of alleged violations and the ability\\nto cure such violations. The local social services district shall also\\nbe notified of the alleged violations prior to the appointment of a\\ntemporary operator. If the emergency shelter fails to cure such\\nviolations in a timely manner, a temporary operator may be appointed\\nwhere: (A) data demonstrates that the building is exhibiting a serious\\nfinancial, health, or safety deficiency; (B) data demonstrates that the\\nestablished operator is unable or unwilling to ensure the proper\\noperation of the building; or (C) data indicates there exist conditions\\nthat seriously endanger or jeopardize emergency shelter residents. If\\nthe commissioner determines to appoint a temporary operator, the\\ncommissioner shall notify the established operator and the local social\\nservices district of his or her intention to appoint a temporary\\noperator to assume sole responsibility for the provider of the emergency\\nshelter's operations for a limited period of time. The appointment of a\\ntemporary operator shall be effectuated pursuant to this section, and\\nshall be in addition to any other remedies provided by law.\\n (ii) The established operator may at any time request the commissioner\\nto appoint a temporary operator. Upon receiving such a request, the\\ncommissioner may, if he or she determines that such an action is\\nnecessary, enter into an agreement with the established operator for the\\nappointment of a temporary operator to restore or maintain the provision\\nof quality emergency shelter to the emergency shelter residents until\\nthe established operator can resume operations within the designated\\ntime period or other action is taken to suspend, revoke, or limit the\\nauthority of the established operator.\\n (3) (i) A temporary operator appointed pursuant to this section shall\\nuse his or her best efforts to implement the plan deemed satisfactory by\\nthe commissioner to correct or eliminate any deficiencies in the\\nbuilding and to promote the quality and accessibility of the emergency\\nshelter in the community served by the provider of emergency shelter.\\n (ii) During the term of appointment, the temporary operator shall have\\nthe authority to direct the staff of the established operator as\\nnecessary to appropriately provide emergency shelter for homeless\\nindividuals and families. The temporary operator shall, during this\\nperiod, provide emergency shelter in such a manner as to promote safety\\nand the quality and accessibility of emergency shelter in the community\\nserved by the established operator until either the established operator\\ncan resume operations or until the office revokes the authority of the\\nemergency shelter to operate under this chapter.\\n (iii) The established operator shall grant access to the temporary\\noperator to the established operator's accounts and records in order to\\naddress any serious financial, health or safety deficiency. The\\ntemporary operator shall approve any decision related to an established\\nprovider's day to day operations or the established provider's ability\\nto provide emergency shelter.\\n (iv) The temporary operator shall not be required to file any bond. No\\nsecurity interest in any real or personal property comprising the\\nestablished operator or contained within the established operator or in\\nany fixture of the building, shall be impaired or diminished in priority\\nby the temporary operator. Neither the temporary operator nor the office\\nshall engage in any activity that constitutes a confiscation of\\nproperty.\\n (4) Costs associated with the temporary operator, including\\ncompensation, shall follow the financing structure established in\\naccordance with section one hundred fifty-three of this chapter, as\\nmodified by the current aid to localities provisions for the office of\\ntemporary and disability assistance within the department of family\\nassistance. The temporary operator shall be liable only in its capacity\\nas temporary operator for injury to person and property by reason of its\\noperation of such building; no liability shall incur in the temporary\\noperator's personal capacity, except for gross negligence and\\nintentional acts.\\n (5) (i) The initial term of the appointment of the temporary operator\\nshall not exceed ninety days. After ninety days, if the commissioner\\ndetermines that termination of the temporary operator would cause\\nsignificant deterioration of the quality of, or access to, emergency\\nshelter in the community or that reappointment is necessary to correct\\nthe deficiencies that required the appointment of the temporary\\noperator, the commissioner may authorize an additional ninety-day term.\\nHowever, such authorization shall include the commissioner's\\nrequirements for conclusion of the temporary operatorship to be\\nsatisfied within the additional term.\\n (ii) Within fourteen days prior to the termination of each term of the\\nappointment of the temporary operator, the temporary operator shall\\nsubmit to the commissioner, to the local social services district, and\\nto the established operator a report describing:\\n (A) the actions taken during the appointment to address the identified\\nbuilding deficiencies, the resumption of building operations by the\\nestablished operator, or the revocation of authority to operate an\\nemergency shelter;\\n (B) objectives for the continuation of the temporary operatorship if\\nnecessary and a schedule for satisfaction of such objectives; and\\n (C) if applicable, the recommended actions for the ongoing provision\\nof emergency shelter subsequent to the temporary operatorship.\\n (iii) The term of the initial appointment and of any subsequent\\nreappointment may be terminated prior to the expiration of the\\ndesignated term, if the established operator and the commissioner agree\\non a plan of correction and the implementation of such plan.\\n (6) (i) The commissioner shall, upon making a determination of an\\nintention to appoint a temporary operator pursuant to subparagraph (i)\\nof paragraph two of this subdivision, cause the established operator and\\nthe local social services district to be notified of the intention by\\nregistered or certified mail addressed to the principal office of the\\nestablished operator and the local social services district. Such\\nnotification shall include a detailed description of the findings\\nunderlying the intention to appoint a temporary operator, and the date\\nand time of a required meeting with the commissioner within ten business\\ndays of the receipt of such notice. At such meeting, the established\\noperator, and the commissioner shall have the opportunity to review and\\ndiscuss all relevant findings. At such meeting, the commissioner and the\\nestablished operator shall attempt to develop a mutually satisfactory\\nplan of correction and schedule for implementation. If a mutually\\nsatisfactory plan of correction and schedule for implementation is\\ndeveloped, the commissioner shall notify the established operator that\\nthe commissioner will abstain from appointing a temporary operator\\ncontingent upon the established operator remediating the identified\\ndeficiencies within the agreed upon timeframe.\\n (ii) The commissioner shall, upon making a determination of an\\nintention to appoint a temporary operator pursuant to subparagraph (i)\\nof paragraph two of this subdivision, cause the temporary president of\\nthe senate, and the speaker of the assembly to receive appropriate and\\ntimely notification of the intention to appoint a temporary operator.\\nSuch notification shall include a description of the findings underlying\\nthe intention to appoint a temporary operator, the identification of the\\nnew operator when practicable, and the date of expected transfer of\\noperations. Such notice shall be made as soon as practicable under the\\ncircumstances.\\n (iii) The commissioner, at any time he or she deems necessary and to\\nthe extent practicable, shall consult and may involve the local social\\nservices district.\\n (iv) Should the commissioner and the established operator be unable to\\nestablish a plan of correction pursuant to subparagraph (i) of this\\nparagraph, or should the established operator fail to respond to the\\ncommissioner's initial notification, there shall be an administrative\\nhearing on the commissioner's determination to appoint a temporary\\noperator to begin no later than thirty days from the date of the notice\\nto the established operator. Any such hearing shall be strictly limited\\nto the issue of whether the determination of the commissioner to appoint\\na temporary operator is supported by substantial evidence. A copy of the\\ndecision shall be sent to the established operator and the local social\\nservices district.\\n (v) If the decision to appoint a temporary operator is upheld such\\ntemporary operator shall be appointed as soon as is practicable and\\nshall provide emergency shelter pursuant to the provisions of this\\nsection.\\n (7) Notwithstanding the appointment of a temporary operator, the\\nestablished operator shall remain obligated for the continued provision\\nof emergency shelter. No provision contained in this section shall be\\ndeemed to relieve the established operator or any other person of any\\ncivil or criminal liability incurred, or any duty imposed by law, by\\nreason of acts or omissions of the established operator or any other\\nperson prior to the appointment of any temporary operator of the\\nbuilding hereunder; nor shall anything contained in this section be\\nconstrued to suspend during the term of the appointment of the temporary\\noperator of the building any obligation of the established operator or\\nany other person for the maintenance and repair of the building,\\nprovision of utility services, payment of taxes or other operating and\\nmaintenance expenses of the building, nor of the established operator or\\nany other person for the payment of mortgages or liens.\\n * NB Repealed March 31, 2025\\n * (k) exercise such other powers and perform such other duties as may\\nbe imposed by law.\\n * NB Repealed March 31, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "20", "title" : "Powers and duties of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-08-21", "2016-08-26", "2016-11-11", "2017-01-13", "2019-04-19", "2022-04-15", "2023-04-07" ], "docLevelId" : "20", "activeDate" : "2023-04-07", "sequenceNo" : 13, "repealedDate" : null, "fromSection" : "20", "toSection" : "20", "text" : " § 20. Powers and duties of the department.\\n 2. The department shall, as provided in this chapter:\\n (a) administer all the forms of public welfare work for which the\\nstate is responsible;\\n (b) supervise all social services work, as the same may be\\nadministered by any local unit of government and the social services\\nofficials thereof within the state, advise them in the performance of\\ntheir official duties and regulate the financial assistance granted by\\nthe state in connection with said work;\\n (c) distribute, reimburse and grant as herein provided the funds\\nappropriated by the legislature for such participation and also such\\nfunds as may be received from the federal government for such purpose or\\npurposes.\\n 3. The department is authorized:\\n (a) to supervise local social services departments and in exercising\\nsuch supervision the department shall approve or disapprove rules,\\nregulations and procedures made by local social services officials\\nwithin thirty days after filing of same with the commissioner; such\\nrules, regulations and procedures shall become operative immediately\\nupon approval or on the thirtieth day after such submission to the\\ncommissioner unless the commissioner shall specifically disapprove said\\nrule, regulation or procedure as being inconsistent with law or\\nregulations of the department;\\n (b) in accordance with the provisions of this chapter to make\\nreimbursements of local welfare costs on a participating basis\\nestablished by law, to advance grants of money for local welfare\\npurposes and to administer a discretionary fund for such purposes within\\nthe limit of available appropriations;\\n (c) to pay such per centum as the legislature shall determine, of the\\nsalaries of local administrative personnel as it shall determine to be\\nqualified to perform the duties assigned;\\n (d) to establish rules, regulations and policies to carry out its\\npowers and duties under this chapter;\\n (e) to withhold or deny state reimbursement, in whole or in part, from\\nor to any social services district or any city or town thereof, in the\\nevent of the failure of either of them to comply with law, rules or\\nregulations of the department relating to public assistance and care or\\nthe administration thereof;\\n (f) to promulgate any regulations the commissioner determines are\\nnecessary, in accordance with the provisions of section one hundred\\neleven-b of this chapter, and to withhold or deny state reimbursement,\\nin whole or in part, from or to any social services district, in the\\nevent of the failure of any such district to comply with such\\nregulations relating to such district's organization, administration,\\nmanagement or program. Upon withholding or denying state reimbursement,\\nthe commissioner shall notify the temporary president of the senate, the\\nspeaker of the assembly and the chairmen of the senate finance committee\\nand assembly ways and means committee;\\n (g) to formulate plans for the recruitment, utilization and training\\nof volunteers to assist in performing services and other duties in\\nsocial services districts for the purpose of improving participation in\\npublic welfare programs;\\n (h) for the purpose of the proper administration of programs of public\\nassistance and care, to enter into agreements not inconsistent with\\nfederal law, with public agencies responsible for the administration of\\npublic assistance and care in any geographically contiguous state, to\\nreceive information from such public agencies which is substantially\\nsimilar to information obtained by the department from the wage\\nreporting system operated by the state department of taxation and\\nfinance pursuant to section one hundred seventy-one-a of the tax law\\nand, subject to the approval of the state department of taxation and\\nfinance, to provide such public agencies with information obtained from\\nsuch wage reporting system; provided, however, that no such agreement\\nshall be entered into with a public agency of any geographically\\ncontiguous state unless such state has by law established standards of\\nconfidentiality which are substantially similar to those contained in\\nthis chapter prohibiting the disclosure of such information. Upon\\nreceipt of wage information from such public agencies, the department\\nshall furnish such information to the local social services districts;\\n (i) to assure conformance with federal law, by entering into\\nagreements with the federal social security administration and public\\nagencies in other states responsible for administering the food stamp\\nprogram or programs under title I, II, IV-A, IV-D, X, XIV, XVI, or XIX\\nof the social security act under which the department will provide such\\nagencies, when required by federal law and only to the extent so\\nrequired, with data which may be of use in establishing or verifying\\neligibility for or benefit amounts in such programs or ability to pay\\nsupport for a person receiving support collection services including\\ndata obtained from the wage reporting system operated by the state\\ndepartment of taxation and finance pursuant to section one hundred\\nseventy-one-a of the tax law.\\n (j) to ensure the provision, on any form required to be completed at\\napplication or recertification for the purpose of obtaining financial\\nassistance pursuant to this chapter, the form shall contain a check-off\\nquestion asking whether the applicant or recipient or a member of his or\\nher family served in the United States military, and an option to answer\\nin the affirmative. Where the applicant or recipient answers in the\\naffirmative to such question, the office of temporary and disability\\nassistance shall ensure that contact information for the state\\ndepartment of veterans' services is provided to such applicant or\\nrecipient addition to any other materials provided.\\n 4. The Department shall not withhold state reimbursement from or deny\\nstate reimbursement to a social services district, until written notice\\nis given to the commissioner of the social services district affected,\\nexcept when the reason for the proposed withholding or denying is that\\nsuch commissioner does not meet the minimum qualifications required for\\nsuch position, to the body or officer that appointed or purported to\\nappoint such commissioner:\\n (a) entirely for any period; or\\n (b) in whole or in part, on ten per centum or more of all the cases in\\nreceipt of public assistance in such district in any period; or\\n (c) in whole or in part, on ten per centum or more of the cases in\\nreceipt of a specific category of assistance in such district in any\\nperiod; or\\n (d) for any period, in an amount equal to or greater than ten per\\ncentum of the state reimbursement otherwise due the district for such\\nperiod.\\n 5. (a) In the case of the death of a child whose care and custody or\\ncustody and guardianship has been transferred to an authorized agency,\\nother than a vulnerable person as defined in article eleven of this\\nchapter, or the death of a child for whom any local department of social\\nservices has an open child protective services or preventive services\\ncase, or in the case of a report made to the statewide central register\\nof child abuse and maltreatment involving the death of a child, the\\noffice of children and family services shall (i) investigate or provide\\nfor an investigation of the cause of and circumstances surrounding such\\ndeath, (ii) review such investigation, and (iii) prepare and issue a\\nreport on such death, except where a report is issued by an approved\\nlocal or regional fatality review team in accordance with section four\\nhundred twenty-two-b of this chapter.\\n (b) Such report shall include (i) the cause of death, whether from\\nnatural or other causes, (ii) identification of child protective or\\nother services provided or actions taken regarding such child and his or\\nher family, (iii) any extraordinary or pertinent information concerning\\nthe circumstances of the child's death, (iv) whether the child or the\\nchild's family had received assistance, care or services from the social\\nservices district prior to such child's death, (v) any action or further\\ninvestigation undertaken by the department or by the local social\\nservices district since the death of the child, (vi) as appropriate,\\nrecommendations for local or state administrative or policy changes, and\\n(vii) written comments as may be provided by any local social services\\ndistrict referenced in such report, to the extent that such comments:\\n(A) protect the confidentiality and privacy of the deceased child, his\\nor her siblings, the parent or other person legally responsible for such\\nchild, any other members of such child's household and the source of any\\nreport of suspected child abuse or maltreatment, and (B) are relevant to\\nthe fatality reported and pertain to any of the provisions of\\nsubparagraph (i), (ii), (iii), (iv), (v) or (vi) of this paragraph,\\nprovided that any comments that pertain to subparagraphs (i), (ii),\\n(iii), (iv) or (v) of this paragraph must be factually accurate.\\n Such report shall contain no information that would identify the name\\nof the deceased child, his or her siblings, the parent or other person\\nlegally responsible for the child or any other members of the child's\\nhousehold, but shall refer instead to the case, which may be denoted in\\nany fashion determined appropriate by the department or a local social\\nservices district. In making a fatality report available to the public\\npursuant to paragraph (c) of this subdivision, the department may\\nrespond to a child specific request for such report if the commissioner\\ndetermines that such disclosure is not contrary to the best interests of\\nthe deceased child's siblings or other children in the household,\\npursuant to subdivision five of section four hundred twenty-two-a of\\nthis chapter. Except as it may apply directly to the cause of the death\\nof the child, nothing herein shall be deemed to authorize the release or\\ndisclosure to the public of the substance or content of any\\npsychological, psychiatric, therapeutic, clinical or medical reports,\\nevaluations or like materials or information pertaining to such child or\\nthe child's family.\\n (c) Twenty days prior to the release of the report the department\\nshall forward the proposed report to each local social services district\\nreferenced in the report. Within ten days thereafter, each local social\\nservices district may provide written comments in accordance with\\nsubparagraph (vii) of paragraph (b) of this subdivision to the\\ndepartment in the form and manner required by the department to be\\nincluded by the department within the report. No later than six months\\nfrom the date of the death of such child, the department shall forward\\nits report to the social services district, chief county executive\\nofficer, chairperson of the local legislative body of the county where\\nthe child's death occurred and the social services district which had\\ncare and custody or custody and guardianship of the child, if different.\\nThe department shall notify the temporary president of the senate and\\nthe speaker of the assembly as to the issuance of such reports and, in\\naddition to the requirements of section seventeen of this chapter, shall\\nsubmit an annual cumulative report to the governor and the legislature\\nincorporating the data in the above reports and including appropriate\\nfindings and recommendations. Such reports concerning the death of a\\nchild and such cumulative reports shall immediately thereafter be made\\navailable to the public after such forwarding or submittal.\\n (d) To enable the office of children and family services or a local or\\nregional fatality review team to prepare such report, the office of\\nchildren and family services or a local or regional fatality review team\\nmay request and shall timely receive from departments, boards, bureaus\\nor other agencies of the state, or any of its political subdivisions, or\\nany duly authorized agency, or any other agency which provided\\nassistance, care or services to the deceased child such information as\\nthey are authorized to provide.\\n 6. The department is directed to seek appropriate approvals from\\nfederal officials to permit commissioners of jurors and clerks of the\\ncourt or jury administrators of any United States district court in New\\nYork state appointed pursuant to title twenty-eight of the United States\\nCode, section 1836(b)(2) in each social services district to obtain the\\nnames and addresses of persons applying for or receiving aid to\\ndependent children, medicaid, or home relief authorized by this chapter\\nfor purposes of identifying prospective jurors. Upon receiving such\\napproval or upon determining that no approval is necessary,\\nnotwithstanding sections one hundred thirty-six and three hundred\\nsixty-nine of this chapter, the department shall provide lists of such\\npersons to the chief administrator of the courts, appointed pursuant to\\nsection two hundred ten of the judiciary law, or the chief judge of any\\nUnited States district court in New York State appointed pursuant to\\ntitle twenty-eight of the United States Code. The lists shall be\\nprovided for the sole purpose of integration into lists of prospective\\njurors as provided by section five hundred six of the judiciary law or\\ntitle twenty-eight of the United States Code. The chief administrator of\\nthe courts shall upon request provide information from the lists to the\\ncommissioner of jurors in each county or, in a county within a city\\nhaving a population of one million or more, the county clerk of said\\ncounty, solely for the purpose of compiling lists of prospective jurors\\nfor the appropriate county. The chief judge of such United States\\ndistrict court shall make lists available to such clerk of the court or\\njury administrator of a United States district court solely for the\\npurpose of compiling lists of prospective jurors for the United States\\ndistrict court. The lists shall be provided only pursuant to a\\ncooperative agreement between the chief administrator of the courts or,\\nin the case of a United States district court, the chief judge of such\\nUnited States district court and the commissioner that guarantees that\\nall necessary steps shall be taken by the chief administrator of the\\ncourts, the chief judge of such United States district court, the\\ncommissioners of jurors and the county clerks or the clerk of the court\\nor jury administrator or court clerk of the United States district court\\nto ensure that the lists are kept confidential and that there is no\\nunauthorized use or disclosure of such lists. Furthermore, the lists\\nwill be provided only if the chief administrator of the courts or the\\nchief judge of the United States district court determines that the\\nlists are needed for integration into lists of prospective jurors in one\\nor more counties or the district of such United States district court.\\nCommissioners of jurors and county clerks, and clerks of the court or\\njury administrators or clerk of any United States district court\\nreceiving such lists shall not use any information derived from such\\nlists for any purpose other than for the selection of jurors and shall\\ntake appropriate steps to see that the confidentiality of such\\ninformation is maintained.\\n 7. To the extent appropriations are available, the office of children\\nand family services shall conduct a public education campaign that\\nemphasizes zero tolerance for child abuse and maltreatment. Such\\ncampaign shall include information about the signs and symptoms of child\\nabuse and maltreatment, the hotline available to report child abuse and\\nmaltreatment, and services that are available to assist families with\\nunderlying issues that may lead to child abuse and maltreatment\\nincluding, but not limited to, substance abuse services, domestic\\nviolence services, mental health services for adults and services to\\nassist families with children in need of mental health treatment. Such\\ncampaign may include, but not be limited to, educational and\\ninformational materials in print, audio, video, electronic and other\\nmedia and public service announcements and advertisements.\\n 8. (a) The office of temporary and disability assistance shall\\npromulgate rules and regulations for the administration of this\\nsubdivision. The rules and regulations shall provide for the conditions\\nunder which local social services officials determine the placement of\\napplicants for and recipients of public assistance for whom a notice\\npursuant to section two hundred three of the correction law, has been\\nreceived and who are:\\n (i) determined to be in immediate need of shelter; and\\n (ii) designated a level two or level three sex offender pursuant to\\narticle six-C of the correction law.\\n (b) When making determinations in regard to the placement of such\\nindividuals in shelter, local social services officials shall consider\\nthe following factors:\\n (i) the location of other sex offenders required to register pursuant\\nto the sex offender registration act, specifically whether there is a\\nconcentration of registered sex offenders in a certain residential area\\nor municipality;\\n (ii) the number of registered sex offenders residing at a particular\\nproperty;\\n (iii) proximity of the entities with vulnerable populations;\\n (iv) accessibility to family members, friends or other supportive\\nservices, including but not limited to locally available sex offender\\ntreatment programs with preference for placement of such individuals\\ninto programs that have demonstrated effectiveness in reducing sex\\noffender recidivism and increasing public safety; and\\n (v) investigation and approval of such placement by the department of\\ncorrections and community supervision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "20-A", "title" : "Local personnel; limitations on department's power", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20-A", "activeDate" : "2014-09-22", "sequenceNo" : 14, "repealedDate" : null, "fromSection" : "20-A", "toSection" : "20-A", "text" : " § 20-a. Local personnel; limitations on department's power.\\nNotwithstanding any inconsistent provision of this chapter, the board,\\nthe commissioner or the department, acting singly or in unison, shall\\nnot have the power, directly or indirectly to prescribe the number of\\npersons to be employed in any social services district providing the\\ndistrict complies with the minimum federal standards relating thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "20-B", "title" : "Plan for in-home care of senior citizens", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20-B", "activeDate" : "2014-09-22", "sequenceNo" : 15, "repealedDate" : null, "fromSection" : "20-B", "toSection" : "20-B", "text" : " § 20-b. Plan for in-home care of senior citizens. On or before the\\nfirst day of April, nineteen hundred eighty-two the New York state\\ncouncil for home care services, in consultation with the commissioner of\\nsocial services and the office for the aging, shall prepare a plan\\ndesigned to ease the burden of families providing care for elderly\\nparents in the home of the parents or the homes of their families.\\nRecommendations are to be made concerning, but not limited to, tax\\nexemptions and increased availability of supportive services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "20-C", "title" : "Privatization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "20-C", "activeDate" : "2014-09-22", "sequenceNo" : 16, "repealedDate" : null, "fromSection" : "20-C", "toSection" : "20-C", "text" : " § 20-c. Privatization. 1. (a) Except as otherwise specified in the\\nappropriation for system support and information services program in the\\noffice of temporary disability assistance within the department of\\nfamily assistance, or as authorized by subdivision two-a of section\\ntwenty-two of this article, the department shall not enter into any\\ncontract with a private entity under which that entity would perform any\\nof the public assistance and care eligibility determination functions,\\nduties or obligations of the department as set forth in this chapter.\\n (b) Social services districts may enter into a contract or agreement\\nfor the performance of functions, duties or obligations required to be\\nperformed pursuant to this chapter, however, the collective bargaining\\nrepresentative of employees who normally perform such functions or\\nprovide such services for such social services district shall be\\npermitted the opportunity to competitively bid for any contract let\\npursuant to this section with the overall cost and quality of the\\nproposal being major criteria in the selection.\\n 2. No contract with a contractor for services pursuant to this section\\nshall be entered into by the office or district unless the office or\\ndistrict contracting for such service has:\\n (a) Provided the certified collective bargaining organization\\nrepresenting the permanent employees affected by the district's exercise\\nof its right to contract out with sixty days advance notice of its\\nintent to contract out for services pursuant to this section;\\n (b) Considered whether the proposed contract will result in actual\\ncost savings to the office; and\\n (c) Evaluated and made a favorable determination based upon a required\\ndisclosure of information from the potential contractor regarding any\\nfinal actions relating to (a) the responsibility taken by any\\ncontracting agency, law enforcement authority or the department of labor\\nagainst bidders, contractors or subcontractors and (b) debarments\\npursuant to express statutory authorization.\\n 3. A contract shall not be approved unless it contains a description\\nof the service quality expectations pursuant to the contract and a\\ndescription of the method by which the quality of services shall be\\nmonitored and evaluated by the district based upon specific performance\\nmeasures contained in the contract. The proposed contract must include\\nspecific provisions pertaining to the qualifications of the staff that\\nwill perform the work under the contract. The proposed contract shall\\ncontain specific information regarding the actual number of employees to\\nbe retained, hours of work, wage rates and associated benefit levels,\\ntitles, and job descriptions.\\n 4. Existing rights. Nothing in this section shall be deemed to\\ndiminish the rights, privileges, or remedies of any employee under any\\nother local law or under the applicable collective bargaining agreement.\\n 5. The provisions of this section shall not impair, restrict or\\notherwise modify applicable restrictions contained in federal law and\\nregulations promulgated thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "20-D", "title" : "Training of direct care workers in adverse childhood experiences", "docType" : "SECTION", "publishedDates" : [ "2019-10-25", "2020-04-24" ], "docLevelId" : "20-D", "activeDate" : "2020-04-24", "sequenceNo" : 17, "repealedDate" : null, "fromSection" : "20-D", "toSection" : "20-D", "text" : " § 20-d. Training of direct care workers in adverse childhood\\nexperiences. 1. As used in this section:\\n (a) \"Direct-care employees\" means the employees of domestic violence\\nshelters, safe dwellings, and domestic violence programs identified by\\nthe certifying organization to receive training, which shall include,\\nbut not be limited to, the directors and coordinators of such shelters,\\ndwellings, and programs, and any individual or employee performing or\\nrequired to perform similar responsibilities.\\n (b) \"Certifying organization\" means an organization designated by the\\nfederal department of health and human services to coordinate statewide\\nimprovements within local communities, social services systems, and\\nprogramming regarding the prevention and intervention of domestic\\nviolence in New York state.\\n (c) \"Adverse childhood experiences\" or \"ACEs\" means stressful or\\ntraumatic experiences experienced during childhood, which are strongly\\nrelated to the development and prevalence of a wide range of health\\nproblems throughout a person's lifetime, including, but not limited to\\nphysical or sexual abuse; domestic violence; parental mental illness;\\nsubstance abuse; and incarceration.\\n 2. The office of temporary and disability assistance and the office of\\nchildren and family services shall, within amounts appropriated for such\\npurpose, contract exclusively with an entity, or with entities in\\npartnership, to develop a training program for direct-care employees to\\nidentify individuals who have experienced ACEs, develop effective\\nstrategies for assisting and interacting with such individuals, and\\nlocate programs and services to which such individuals with ACEs may be\\nreferred to help build the individual's resilience. Such entity, or\\nentities in partnership, shall be experienced in providing\\ntrauma-informed, victim-centered training on domestic violence, child\\nabuse, and ACEs. Such entity, or entities in partnership, shall be\\nresponsible for providing such training to direct-care employees.\\n 3. All direct-care employees shall be required to participate in such\\ntraining program. Such training shall be provided at no cost to such\\nemployees.\\n 4. The office of temporary and disability assistance and the office of\\nchildren and family services shall, within amounts appropriated for such\\npurpose, contract with a certifying organization to provide a\\ncertification of completion to each direct-care employee who satisfies\\nthe requirements of such training program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "21", "title" : "Welfare management system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "21", "activeDate" : "2014-09-22", "sequenceNo" : 18, "repealedDate" : null, "fromSection" : "21", "toSection" : "21", "text" : " § 21. Welfare management system. 1. The department shall design and\\nimplement a welfare management system which shall be capable of\\nreceiving, maintaining and processing information relating to persons\\nwho have applied for or been determined eligible for benefits under any\\nprogram for which the department has supervisory responsibilities under\\nthis chapter, for the purpose of providing individual and aggregate data\\nto such districts to assist them in making eligibility determinations\\nand basic management decisions, to the department to assist it in\\nsupervising the local administration of such programs, and to the\\ngovernor and the legislature as may be necessary to assist in making\\nmajor administrative and policy decisions affecting such programs. Such\\nsystem shall be designed so as to assist local districts and the state\\nin achieving the following goals:\\n a. reducing mismanagement in the administration of such program,\\ndetecting fraudulent practices, and helping identify policies or\\nconditions that will reduce or deter fraud;\\n b. promoting efficiency in local district determinations of\\neligibility for public assistance and care and other programs supervised\\nby the department, to expedite such determinations and to reduce\\nunauthorized or excessive payments;\\n c. achieving compliance with federal laws and regulations and\\nmaximizing utilization of federal funds;\\n d. improving data collection and retention techniques and developing\\nuniform reporting forms and procedures;\\n e. initiating implementation of such a system for districts other than\\nthe district comprising the city of New York, in a manner compatible\\nwith expansion of such system to the district comprising the city of New\\nYork;\\n f. being developed and implemented in each social services district,\\nto the extent possible consistent with statewide uniformity, in a manner\\ncompatible with maximum utilization of existing data processing systems\\nand capabilities of such district and with minimum local participation\\nby such district in administrative expenditures directly attributable to\\nthe design and implementation of such system; and\\n g. achieving such other goals consistent with this chapter and other\\nlaws as are desirable for improving the administration of such programs.\\n 2. The department shall promulgate regulations, specifying the types\\nof information to be collected and transmitted by each social services\\ndistrict to the department, the methods for collection and transmittal\\nof such information, and the procedures for utilization by social\\nservices districts of the data maintained by the welfare management\\nsystem. Any such regulations shall be published for comment at least\\nthirty days in advance of their promulgation and shall be filed with the\\nsecretary of state at least sixty days in advance of the effective date\\nof any such requirement.\\n 3. Information relating to persons applying for or receiving benefits\\nunder programs pursuant to this chapter shall be considered confidential\\nand shall not be disclosed to persons or agencies other than those\\nconsidered entitled to such information in accordance with section one\\nhundred thirty-six of this chapter, when such disclosure is necessary\\nfor the proper administration of such programs.\\n 4. The commissioner of labor and his or her designees shall be\\nentitled to access to the welfare management system and the information\\ncontained therein for the purpose of administration of the programs for\\npublic assistance recipients set forth in title nine-B of article five\\nof this chapter. Use of the information relating to persons applying\\nfor or receiving benefits under such programs by the department of labor\\nwill be in accordance with the provisions of this chapter.\\n 5. The commissioner of health and his or her designees shall be\\nentitled to access to the welfare management system and the information\\ncontained therein for the purpose of administration of the program of\\nmedical assistance for needy persons set forth in title eleven of\\narticle five of this chapter. Use of the information relating to\\npersons applying for or receiving benefits under such program by the\\ndepartment of health will be in accordance with the provisions of\\nsection one hundred thirty-six of this chapter.\\n 6. By no later than forty-five days following the end of each calendar\\nquarter after the second quarter of calendar year nineteen hundred\\nseventy-six, the department shall, until full implementation has been\\nachieved in all social services districts, report to the governor and\\nthe legislature regarding the current status of the welfare management\\nsystem, summarizing the progress achieved during the previous quarter\\nand the anticipated major achievements of the succeeding two calendar\\nquarters. The report shall include the current and anticipated overall\\nexpenditure and staffing levels for functions relating to the system,\\nand shall specify each district affected or anticipated to be affected\\nduring the succeeding two calendar quarters and summarize the manner in\\nwhich each such district is, or is anticipated to be, affected.\\n 7. (a) The full cost of expenditures by the state for the design,\\ndevelopment and implementation of the welfare management system shall be\\nborne by the state, utilizing any federal funds made available for such\\npurposes. Social services districts shall not be responsible for\\nparticipating in state expenditures for any of the following:\\nacquisition, installation, maintenance and operation of a state\\ncomputer; acquisition, installation and maintenance of the\\ntelecommunications network and equipment; development and provision of\\nstate mandated forms; modification of existing data processing\\noperations determined by the department to be necessary to assure\\nsystems compatibility; and development and provision of training\\nmaterials and equipment, and costs of staff for training provided by the\\nstate.\\n (b) Expenditures by a social services district for data entry\\noperators determined necessary by the department during the period of\\nconversion to full operation of the welfare management system for such\\ndistrict shall be subject to reimbursement by the state in accordance\\nwith section one hundred fifty-three of this chapter to the extent of\\none hundred percentum of such expenditures after first deducting\\ntherefrom any federal funds properly received or to be received on\\naccount of such expenditures.\\n (c) Expenditures by a social services district other than those set\\nforth in this section shall be subject to state reimbursement as\\nadministrative costs in accordance with section one hundred fifty-three\\nof this chapter to the extent of fifty percentum thereof, after first\\ndeducting therefrom any federal funds properly received or to be\\nreceived on account of such expenditures.\\n (d) The department is hereby authorized to enter into written\\nagreements, subject to the approval of the director of the budget, with\\nnot more than three social services districts by which such districts\\nagree to undertake additional administrative functions relating to\\ndesign, development and testing of the welfare management system,\\nsubject to one hundred percent state reimbursement for administrative\\ncosts attributable to such functions, after first deducting therefrom\\nany federal funds properly received or to be received on account of such\\nexpenditures.\\n 8. The department may enter into the case file of each applicant for\\nor recipient of benefits under the programs of food stamps, aid to\\ndependent children, home relief, veteran assistance, emergency\\nassistance to adults, or medical assistance for whom a case file has\\nbeen established on the welfare management system information it\\nreceives from the appropriate governmental agency concerning a client\\nwho has applied for or has been determined to be eligible for workers'\\ncompensation benefits, unemployment insurance benefits, and benefits\\nbeing paid pursuant to titles two and sixteen of the federal social\\nsecurity act (including supplemental state payments). The department may\\nrebudget any case for which it makes an entry where the information\\nreceived indicates that rebudgeting is appropriate. The department\\nshall immediately notify the appropriate social services district that\\nan applicant or recipient's case has been rebudgeted or of any other\\ndirect entry of information into a case file. A social services\\ndistrict shall not be held responsible for any costs incurred as a\\nresult of data erroneously entered by the department into the welfare\\nmanagement system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "21-A", "title" : "Electronic benefit transfer system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-22", "2023-01-13", "2024-11-29", "2025-02-21", "2025-11-28" ], "docLevelId" : "21-A", "activeDate" : "2023-01-13", "sequenceNo" : 19, "repealedDate" : null, "fromSection" : "21-A", "toSection" : "21-A", "text" : " § 21-a. Electronic benefit transfer system. Any electronic benefit\\ntransfer system shall be implemented by the department on a statewide\\nbasis and shall be administered pursuant to the provisions of this\\nsection. For purposes of such electronic benefit transfer system, the\\nterm \"electronic benefit transfer\" includes the use of a credit or debit\\ncard service, automated teller machine, point-of-sale terminal, or\\naccess to an online system for the withdrawal of funds or the processing\\nof a payment for merchandise or a service.\\n 1. (a) Any contract entered into on behalf of local social services\\ndistricts for electronic benefit transfer services shall ensure that\\nthere are a sufficient number of access points in each local social\\nservices district to ensure an adequate distribution of such services.\\nUpon implementation of an electronic benefit transfer system in a local\\nsocial services district or in any political or other geographic\\nsubdivision of such district, the department shall publish a list\\nidentifying the number and location of access points within such\\ndistrict or subdivision, and shall seek and accept public comment on the\\nadequacy of recipient access to electronic benefit transfer services\\nwithin such district or subdivision. The department shall seek to\\nmaximize recipient access to electronic benefit transfer services by\\nworking with the contractor to establish access points at a broad range\\nof businesses and community facilities including, but not limited to,\\ncommunity centers, senior citizen centers, educational and job skills\\ntraining sites, and local housing authorities.\\n (b) Any electronic benefit transfer services for supplemental\\nnutrition assistance program (SNAP) benefits shall ensure that two\\nelectronic benefit transfer credit or debit cards are issued for use by\\nany recipient household having more than one parent or guardian residing\\nin the household on a full-time basis, provided that at least two\\nparents or guardians residing in the household, or a combination\\nthereof, qualify for benefits pursuant to this chapter. No card shall be\\nissued to any person under the age of eighteen unless such person is a\\nparent or guardian of a minor child. The issuance of a second card shall\\nbe consistent with federal requirements and is subject to the request\\nand approval by the head of household and shall not entitle the\\nrecipients to any additional benefits. Benefit recipients shall not be\\nrequired to accept or utilize both cards. The department shall notify\\nexisting and future benefit recipients of the availability of multiple\\ncards.\\n 2. The department or the designated agent thereof shall utilize\\nappropriate materials and training to provide each recipient with\\nadequate instruction on the use of the electronic benefit transfer\\nsystem, which shall include, but not be limited to, the following:\\n (a) the types of transactions and services provided by means of an\\nelectronic benefit transfer system, and any limitations thereon;\\n (b) the rights, responsibilities and liabilities applicable to\\nrecipients that receive benefits by means of an electronic benefit\\ntransfer system;\\n (c) the procedure for reporting the loss or theft of a system access\\ndevice, or any unauthorized transaction;\\n (d) the process for the replacement of a lost or stolen system access\\ndevice, and the procedure to access benefits, if needed, until such time\\nas such device can be replaced; and\\n (e) the procedure by which participants can access information about\\ntheir benefit account or accounts including, but not limited to, a\\ntoll-free telephone number which would provide recipients with account\\nbalances and transaction history.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "22", "title" : "Appeals and fair hearings; judicial review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2017-04-28", "2018-07-06", "2020-04-17", "2022-04-15", "2023-05-12", "2025-05-16" ], "docLevelId" : "22", "activeDate" : "2023-05-12", "sequenceNo" : 20, "repealedDate" : null, "fromSection" : "22", "toSection" : "22", "text" : " § 22. Appeals and fair hearings; judicial review. 1. Any person\\ndescribed in subdivision three of this section, or any individual\\nauthorized to act on behalf of any such person, may appeal to the\\ndepartment from decisions of social services officials or failures to\\nmake decisions upon grounds specified in subdivision five of this\\nsection. The department shall review the case and give such person an\\nopportunity for a fair hearing thereon. The department may also, on its\\nown motion, review any decision made or any case in which a decision has\\nnot been made by a social services official within the time specified by\\nlaw or regulations of the department. The department may make such\\nadditional investigation as it may deem necessary, and the commissioner\\nshall make such decision as is justified and is in conformity with the\\nprovisions of this chapter, the regulations of the department, a\\ncomprehensive annual services program plan then in effect pursuant to\\ntitle twenty of the federal social security act and any other applicable\\nprovisions of law.\\n 2. In connection with any appeal pursuant to this section, with or\\nwithout a fair hearing, the commissioner may designate and authorize one\\nor more appropriate members of his staff to consider and decide such\\nappeals. Any staff member so designated and authorized shall have\\nauthority to decide such appeals on behalf of the commissioner with the\\nsame force and effect as if the commissioner had made the decisions.\\nFair hearings held in connection with such appeals shall be held on\\nbehalf of the commissioner by members of his staff who are employed for\\nsuch purposes or who have been designated and authorized by him\\ntherefor. The provisions of this subdivision shall apply to fair\\nhearings conducted pursuant to subdivision eight of section four hundred\\ntwenty-two of this chapter, and to any hearing required pursuant to this\\nchapter concerning the denial, suspension or revocation of any permit,\\ncertificate or license, and to any hearing held pursuant to section four\\nhundred fifty-five of this chapter.\\n * 2-a. With regard to fair hearings held in connection with appeals\\nfor integrated fair hearing and appeals processes for individuals dually\\neligible for medical assistance and benefits available under titles\\nXVIII and XIX of the federal social security act, the commissioner may\\ncontract for the sole purpose of assisting staff of the office for such\\npurpose.\\n * NB Expires January 1, 2026\\n 3. Persons entitled to appeal to the department pursuant to this\\nsection shall include:\\n (a) Applicants for or recipients of aid to dependent children,\\nemergency assistance for families with dependent children, home relief,\\nveteran assistance, medical assistance for needy persons and any service\\nauthorized or required to be made available in the geographic area in\\nwhich such person resides, pursuant to the provisions of this chapter;\\n (b) Applicants for or participants in the food stamp program, pursuant\\nto section ninety-five of this chapter and regulations of the\\ndepartment;\\n (c) Applicants for or recipients of emergency assistance for aged,\\nblind and disabled persons, pursuant to title eight of article five of\\nthis chapter, so long as such emergency assistance is available pursuant\\nto such law;\\n (d) Aggrieved persons described in section four hundred of this\\nchapter;\\n * (e) Aggrieved persons, agencies or social services districts\\ndescribed in section three hundred seventy-two-e of this chapter;\\n * NB Effective until June 30, 2027\\n * (e) Aggrieved persons, agencies or social services districts\\ndescribed in sections one hundred fifty-three-d, three hundred\\nseventy-two-e and three hundred ninety-eight-b of this chapter;\\n * NB Effective June 30, 2027\\n (f) Unless an agreement is in effect for federal administration of\\nadditional state payments pursuant to section two hundred eleven of this\\nchapter, applicants for and recipients of additional state payments as\\ndefined in subdivision two of section two hundred eight of this chapter;\\nand\\n (g) Other persons entitled to an opportunity for fair hearings\\npursuant to regulations of the department.\\n 4. (a) Except as provided in paragraph (c) of subdivision two of\\nsection four hundred twenty-four-a of this chapter and in paragraph (b)\\nof this subdivision, any appeal pursuant to this section must be\\nrequested within sixty days after the date of the action or failure to\\nact complained of.\\n (b) Unless a different period is mandated by federal law or\\nregulations, a person is allowed to request a fair hearing on any action\\nof a social services district relating to food stamp benefits or loss of\\nfood stamp benefits which occurred in the ninety days preceding the\\nrequest for a hearing. For purposes of this paragraph, such action\\nincludes a denial of a request for restoration of any benefits lost more\\nthan ninety days but less than a year prior to the request. In addition,\\nat any time within the period for which a person is certified to receive\\nfood stamp benefits, such person may request a fair hearing to dispute\\nthe current level of benefits.\\n 5. Grounds for such appeals shall be specified in regulations of the\\ndepartment, but shall include at least the following:\\n (a) Denial of any application.\\n (b) Failure to act upon any application within thirty days after\\nfiling, except applications for home relief, or failure to comply with\\nlaws and regulations requiring that priority be given to certain\\napplications for assistance, or failure to act on any application for\\nhome relief within forty-five days after filing.\\n (c) Inadequacy in amount or manner of payment of assistance.\\n (d) Discontinuance in whole or in part of assistance, or termination\\nof a service authorized or required to be made available pursuant to the\\ncomprehensive annual services program plan then in effect.\\n (e) Failure to permit a parent or guardian to visit the child or\\nfailure to provide supportive services, which shall include preventive\\nand other supportive services authorized to be provided pursuant to the\\nstate consolidated services plan, to the child and to the parent or\\nguardian, pursuant to an instrument executed under section three hundred\\neighty-four-a of this chapter.\\n (f) Failure to provide adoption services or assistance to a\\nprospective adoptive parent on behalf of a child freed for adoption as\\ndefined in subdivision (b) of section one thousand eighty-seven of the\\nfamily court act pursuant to section three hundred seventy-two-b of this\\nchapter and the local social services district's consolidated services\\nplan.\\n 6. In scheduling fair hearings on appeals concerning applications for\\nemergency assistance pursuant to section three hundred fifty-j or title\\neight of article five of this chapter, the department shall give\\npriority to the hearing and determination of such appeals.\\n 7. For the purposes of this section, except subdivision nine, social\\nservices officials shall include the persons described in subdivision\\nfourteen of section two of this chapter and also the head of any bureau\\nof the department which exercises responsibility pursuant to this\\nchapter for determining eligibility for and furnishing public assistance\\nand care to persons in family care pursuant to section one hundred\\nthirty-eight-a of this chapter, or for determining eligibility for and\\nfurnishing medical assistance pursuant to subdivision two, three or four\\nof section three hundred sixty-five of this chapter, or for determining\\neligibility for and furnishing services pursuant to section two hundred\\nfifty-three of this chapter.\\n 8. The department shall promulgate such regulations, not inconsistent\\nwith federal or state law, as may be necessary to implement the\\nprovisions of this section. Such regulations shall require that a copy\\nof all decisions made concerning appeals pursuant to this section shall\\nbe sent to each party to such appeals and their representatives, if any.\\n 9. (a) All decisions of the commissioner pursuant to this section\\nshall be binding upon the social services districts involved and shall\\nbe complied with by the social services officials thereof.\\n (b) Any aggrieved party to an appeal, including a social services\\nofficial provided an application by any such social services official\\nhas not been determined by any federal agency to be in violation of\\nfederal law, may apply for review as provided in article seventy-eight\\nof the civil practice law and rules.\\n (c) The provisions of paragraph (a) shall be applicable to a social\\nservices official after the decision of the commissioner becomes final\\nand binding unless a court stays such decision. No such stay shall be\\nissued by any court unless the social services official establishes that\\nirreputable harm will result if a stay is not granted, and the\\nprobability that he will succeed on the merits. In an action or\\nproceeding to review a decision of the commissioner, the applicant or\\nrecipient and his representative, if any, shall be served with copies of\\nall pleadings and shall be allowed to intervene in such action or\\nproceeding as a matter of right. Notwithstanding any provision of the\\ncivil practice law and rules or any other law to the contrary, any\\napplication by a social services official for a stay in a proceeding\\ncommenced by such official pursuant to this section shall be determined\\nby the appropriate appellate division, and not by a justice of the\\nsupreme court. Whenever the commissioner has sustained an appeal by a\\nrecipient of public assistance or care with respect to benefits which\\nwere continued pending the fair hearing decision, the appellate division\\nshall not stay the fair hearing decision prior to the initial\\ndetermination of the proceeding initiated pursuant to this section for\\nthe review of such fair hearing decision.\\n (d) Every person entitled to a benefit pursuant to a decision of the\\ncommissioner under this section, shall be advised to contact the\\ndepartment in a manner specified by department regulations, in the event\\nthat a local social services district does not comply with such\\ndecision.\\n 10. In connection with every determination of an appeal pursuant to\\nthis section, the department shall inform every party thereto, and his\\nrepresentative, if any, of the availability of judicial review and the\\ntime limitation thereon.\\n 11. The provisions of subdivisions three and four of section twenty of\\nthis chapter shall be applicable to state reimbursement otherwise\\npayable to any social services district in the event of the failure of a\\nsocial services official to comply with a commissioner's determination\\nupon an appeal within the time required by regulations of the department\\nor such additional time as the commissioner may allow. In the event that\\nthe court stays any such determination in a proceeding pursuant to\\narticle seventy-eight of the civil practice law and rules, state\\nreimbursement shall not be withheld or denied pursuant to this\\nsubdivision for non-compliance during such stay. Nothing in this\\nsubdivision shall limit the power of a court in a proceeding pursuant to\\narticle seventy-eight of the civil practice law and rules to order a\\nsocial services official to comply with a commissioner's determination\\nupon an appeal.\\n 12. Every applicant or recipient of public assistance and care shall\\nbe informed in writing, through the distribution of an informational\\npamphlet, at the time of application and at the time of any action\\naffecting his receipt of assistance or care:\\n (a) of his right to an appeal or fair hearing;\\n (b) of the method by which he may obtain an appeal or fair hearing;\\n (c) of his right to representation by legal counsel, or by a relative,\\nfriend, or other spokesmen, or that he may represent himself;\\n (d) of the availability of community legal services to assist him in\\nthe appeal or fair hearings process;\\n (e) of the nature of the precedures to be followed throughout an\\nappeal or fair hearing;\\n (f) of the types of information he may wish to submit at an appeal or\\nfair hearing;\\n (g) of any additional information which would clarify the appeals and\\nfair hearings procedure for applicants and recipients of public\\nassistance and care, and would assist such persons in more adequate\\npreparation for such hearings.\\n 13. Whenever under other provisions of this chapter an applicant or\\nrecipient of public assistance or care may appeal to the department a\\ndecision of a social services official, or the failure of such official\\nto act on his application within the required period, and may request a\\nfair hearing thereon, if such applicant or recipient requires legal\\nservices in connection with such an appeal and fair hearing and such\\nservices are not otherwise available to him, the social services\\nofficial shall, upon request, make provision for payment for such legal\\nservices if required by federal law or regulations.\\n 14. To provide an analysis of the outcome of the fair hearings process\\nwithin the office of temporary and disability assistance to identify\\ninadequacies and potential improvements in the functioning of the fair\\nhearings system, such office shall prepare for inclusion in the annual\\nreport required by subdivision (d) of section seventeen of this article\\nto be filed with the governor and the legislature prior to the fifteenth\\nday of December of each year, a report containing with respect to income\\nmaintenance programs, including the family assistance program, the\\nsafety net assistance program, the medical assistance program and any\\nother program, the number of affirmations and reversals by local\\ndistricts and by program including a breakdown by local districts of the\\nnumber of fair hearings requested by program and the number of fair\\nhearings held by program, formal requests by local districts and\\nrecipients for reconsideration or rehearing of appeals, and a summary of\\ncourt actions on hearing decisions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "23", "title" : "Wage reporting system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-02-13" ], "docLevelId" : "23", "activeDate" : "2014-09-22", "sequenceNo" : 21, "repealedDate" : null, "fromSection" : "23", "toSection" : "23", "text" : " § 23. Wage reporting system. 1. The department is authorized to\\nprovide information obtained from the wage reporting system as operated\\nby the state department of taxation and finance:\\n (a) to social services districts:\\n (i) with respect to applicants for and recipients of public assistance\\nand care or other benefits pursuant to this chapter for which such\\ndistricts are responsible;\\n (ii) with respect to any person legally responsible for the support of\\nsuch applicants and recipients;\\n (iii) with respect to any person legally responsible for the support\\nof a recipient of services under section one hundred eleven-g of this\\nchapter or to any agent of any entity that is under contract with the\\nchild support program pursuant to title six-A of article three of this\\nchapter; and\\n (iv) with respect to the parents, the stepparents, the child and the\\nsiblings of the child who were living in the same household as a child\\nwho is in the custody, care and custody or custody and guardianship of a\\nlocal social services district or of the office of children and family\\nservices during the month that the court proceedings leading to the\\nchild's removal from the household were initiated, or the written\\ninstrument transferring care and custody of the child pursuant to the\\nprovisions of section three hundred fifty-eight-a of this chapter or\\nsection three hundred eighty-four-a of this chapter was signed, provided\\nhowever, that such social services district shall only use the\\ninformation obtained pursuant to this subdivision for the purpose of\\ndetermining the eligibility of such child for federal payments for\\nfoster care and adoption assistance pursuant to the provisions of title\\nIV-E of the federal social security act,\\n (b) to a public agency responsible for the administration of public\\nassistance and care in any geographically contiguous state with which\\nthe department has an agreement with respect to wage information\\npursuant to paragraph (h) of subdivision three of section twenty of this\\narticle,\\n * (c) to social services districts with respect to participants in\\nemployment or training programs authorized pursuant to this chapter who\\nare current recipients of public assistance and care or who are former\\nrecipients of public assistance and care, (except that with regard to\\nformer recipients, information which relates to a particular former\\nrecipient shall be provided with client identifying data deleted) for\\nthe purpose of evaluating the effect of participation in such programs\\non such current and former recipients, and\\n * NB There are 2 ¶(c)'s\\n * (c) to the federal parent locator service, maintained by the federal\\ndepartment of health and human services, as required by section one\\nhundred twenty-four of the federal family support act of nineteen\\nhundred eighty-eight, for the purpose of enabling the department to\\nfulfill obligations and responsibilities otherwise incumbent upon the\\nstate department of labor.\\n * NB There are 2 ¶(c)'s\\n (d) to the federal social security administration or public agency of\\nanother state with which the department has an agreement with respect to\\nwage information pursuant to paragraph (i) of subdivision three of\\nsection twenty of this article.\\n 2. Notwithstanding any law to the contrary, the department, upon\\nrequest by the office of welfare inspector general, shall provide said\\noffice with such information it receives from the wage reporting system\\noperated by the department of taxation and finance that the office of\\nwelfare inspector general deems necessary to carry out its functions and\\nduties under article four of the executive law.\\n 3. Information obtained by the office of temporary and disability\\nassistance from the wage reporting system operated by the state\\ndepartment of taxation and finance shall be considered confidential and\\nshall not be disclosed to persons or agencies other than those\\nconsidered entitled to such information when such disclosure is\\nnecessary for the proper administration of programs of public assistance\\nand care or for the proper administration of the child support program\\npursuant to title six-A of article three of this chapter, or of\\neligibility assessments of children for federal payments for foster care\\nand adoption assistance pursuant to the provisions of title IV-E of the\\nfederal social security act. For the purpose of this subdivision, any\\ndisclosure made pursuant to subdivision one of this section shall be\\nconsidered necessary for the proper administration of programs of public\\nassistance and care, or of eligibility assessments of children for\\nfederal payments for foster care and adoption assistance pursuant to the\\nprovisions of title IV-E of the federal social security act; and the\\nfederal parent locator service shall be considered an agency entitled to\\nsuch information as is necessary for the proper administration of the\\nchild support program pursuant to title six-A of article three of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "28", "title" : "Gifts and bequests", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "28", "activeDate" : "2014-09-22", "sequenceNo" : 22, "repealedDate" : null, "fromSection" : "28", "toSection" : "28", "text" : " § 28. Gifts and bequests. The department may receive and retain any\\nmoney or other personal property given or bequeathed to the department\\nor a division or bureau thereof and shall expend the same in accordance\\nwith the general powers and duties of the department for the purposes\\nfor which it is given or, if unaccompanied by conditions or limitations,\\nfor such purposes as it may determine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "29", "title" : "Federal agency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "29", "activeDate" : "2014-09-22", "sequenceNo" : 23, "repealedDate" : null, "fromSection" : "29", "toSection" : "29", "text" : " § 29. Federal agency. The department, with the approval of the\\ngovernor, may accept a designation from, and act as, the agent of the\\nfederal security agency or other duly authorized federal agency in the\\nadministration of relief and related activities, activities affecting\\nthe welfare of individuals and communities, and the disbursement or\\nexpenditure of federal funds or commodities in relation thereto within\\nthe state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "30", "title" : "Continuation of salaries of local and state welfare employees receiving training for the better performance of their duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "30", "activeDate" : "2014-09-22", "sequenceNo" : 24, "repealedDate" : null, "fromSection" : "30", "toSection" : "30", "text" : " § 30. Continuation of salaries of local and state welfare employees\\nreceiving training for the better performance of their duties. Subject\\nto the approval of the department, the board of supervisors of a county\\nand the appropriating body of a city or town may include in its\\nappropriations moneys for the continuation of the salaries of their\\nlocal welfare employees who are on leave receiving additional training\\nfor the better performance of their duties, provided that no such\\nsalaries shall be so continued to a greater extent than will reimburse\\nsuch employee for the loss of earnings while on such leave. Salaries of\\nthe employees of the department may be continued in a similar fashion.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "31", "title" : "Fellowships and scholarships for local and state public welfare employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "31", "activeDate" : "2014-09-22", "sequenceNo" : 25, "repealedDate" : null, "fromSection" : "31", "toSection" : "31", "text" : " § 31. Fellowships and scholarships for local and state public welfare\\nemployees. The department, under regulations which it shall prescribe,\\nand from moneys received or appropriated for such purpose, is authorized\\nto grant fellowships and scholarships to local and state public welfare\\nemployees to enable them to receive additional training for the better\\nperformance of their duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "32", "title" : "Reciprocal agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "32", "activeDate" : "2014-09-22", "sequenceNo" : 26, "repealedDate" : null, "fromSection" : "32", "toSection" : "32", "text" : " § 32. Reciprocal agreements. The department is authorized to enter\\ninto reciprocal agreements with corresponding state agencies of other\\nstates regarding interstate transportation of dependent and indigent\\npersons, and to arrange with the propert officials in this state for the\\nacceptance, transfer and support of persons receiving public assistance\\nand care in other states in accordance with the terms of such reciprocal\\nagreements, but this state shall not nor shall any county or other\\npolitical subdivision of this state be committed to the support of\\npersons who are not, in the opinion of the department, entitled to\\npublic support by the laws of this state. No agreement made pursuant to\\nthe provisions of this section shall become effective until the\\nattorney-general has approved its form and sufficiency and determined\\nits legal effect.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "33", "title" : "Contracts for supplies and commodities needed in the administration of assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "33", "activeDate" : "2014-09-22", "sequenceNo" : 27, "repealedDate" : null, "fromSection" : "33", "toSection" : "33", "text" : " § 33. Contracts for supplies and commodities needed in the\\nadministration of assistance. The department may\\n (a) make agreements for supplies and commodities needed in the\\nadministration of assistance and care, under which local welfare units\\nmay, subject to the approval of the department, purchase such supplies\\nand commodities; and\\n (b) in accordance with requisitions duly approved by the commissioner\\nof general services, purchase as the agent of local welfare units and on\\ntheir request, supplies or commodities needed in the administration of\\nassistance and care and make payments therefor after making proper\\ndeductions from state reimbursements due the local units which avail\\nthemselves of the provisions of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "34", "title" : "General powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "34", "activeDate" : "2019-12-20", "sequenceNo" : 28, "repealedDate" : null, "fromSection" : "34", "toSection" : "34", "text" : " § 34. General powers and duties of the commissioner. 1. The\\ncommissioner of social services shall be the chief administrative\\nofficer of the department.\\n 2. All the administrative and executive powers and duties of the\\ndepartment shall be vested in the commissioner.\\n 3. The commissioner shall\\n (a) continue to have, exercise, and perform the functions, powers and\\nduties conferred by law upon the commissioner of social services;\\n (b) execute and issue the determinations, decisions, orders, notices,\\nlicenses and certificates of the department as may be required in the\\nexercise and performance of the functions, powers and duties conferred\\nupon or vested in the department;\\n (c) take cognizance of the interests of health and welfare of the\\ninhabitants of the state who lack or are threatened with the deprivation\\nof the necessaries of life and of all matters pertaining thereto;\\n (d) exercise general supervision over the work of all local welfare\\nauthorities;\\n (e) enforce this chapter and the regulations of the department within\\nthe state and in the local governmental units;\\n (f) establish regulations for administration of public assistance and\\ncare within the state both by the state itself and by the local\\ngovernmental units, in accordance with law;\\n (g) provide technical assistance, advisory and consultative services\\nto business, industry and labor to encourage their sponsorship of day\\ncare centers;\\n (h) in consultation with the department of education, the department\\nof health, the division for youth, the office for people with\\ndevelopmental disabilities and the office of mental health, establish\\nguidelines for the acceptance by social services officials of notices\\nthat children in foster care are at risk of educational placements, as\\nprovided for in subparagraph four of paragraph b of subdivision one of\\nsection forty-four hundred two of the education law. Such guidelines\\nshall be designed to assure that the social services district receiving\\nsuch a notice inquire into the educational needs of the child and the\\ncircumstances of the foster care placement, and to assure that the\\nsocial services district responds as appropriate to any request by a\\ncommittee on special education to participate in the proceedings of the\\ncommittee;\\n (i) exercise such other powers and perform such other duties as may be\\nrequired by law.\\n 4. Notwithstanding any inconsistent provision of the civil service\\nlaw, the commisioner may, if he finds that the chief executive officer\\nof any county or city social services department has failed properly to\\nperform his duties as required by law or rules and regulations of the\\ndepartment, present charges and specifications thereof to the appointing\\nofficer or authority of such county or city social services district.\\nSuch appointing officer or authority shall, upon receipt of such charges\\nor specifications give notice thereof to the chief executive officer of\\nthe social services department and shall make inquiry into the merits of\\nsuch specifications at a hearing thereon. The commissioner may present\\nhis evidence at such hearing and recommend removal or other appropriate\\nsanctions. In the event the appointing authority finds the charges and\\nspecifications made by the comissioner are substantiated, the appointing\\nofficer or authority shall forthwith remove such chief executive officer\\nor apply other sanctions. Any deputy or other employee of any such\\nofficer may also be removed or sanctioned upon the recommendation of the\\ncommissioner, in the same manner. Such removal or other sanction may not\\nbe appealed to a civil service commission, but may be subject to review\\npursuant to article seventy-eight of the civil practice law and rules.\\nThe provisions of this section shall not be deemed to preclude the\\nexercise of the power of removal or sanction by the officer or authority\\nhaving the power of appointment.\\n 5. The commissioner or any official by him authorized so to do\\n (a) may conduct any inquiry pertinent or material to the discharge of\\nthe duties imposed upon him by law;\\n (b) is empowered to subpoena witnesses, administer oaths, take\\ntestimony and compel the production of such books, papers, records and\\ndocuments as may be relevant to any such investigation.\\n 6. The commissioner may exercise such additional powers and duties as\\nmay be required for the effective administration of the department and\\nof the state system of public aid and assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "34-A", "title" : "Services planning requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-12-26", "2015-01-16", "2015-08-21", "2018-04-20", "2021-04-23" ], "docLevelId" : "34-A", "activeDate" : "2021-04-23", "sequenceNo" : 29, "repealedDate" : null, "fromSection" : "34-A", "toSection" : "34-A", "text" : " § 34-a. Services planning requirements. 1. (a) Each social services\\ndistrict shall prepare a multi-year consolidated services plan\\nencompassing adult services and family and children's services, which\\nshall include diversion services provided pursuant to section seven\\nhundred thirty-five of the family court act.\\n (b) Commencing with the years following preparation of the multi-year\\nconsolidated services plan, each local district shall also be required\\nto prepare an annual implementation report.\\n 2. (a) The commissioner shall have authority to promulgate regulations\\nspecifying the contents of both the multi-year services plan and the\\nannual implementation reports, provided however that such regulations\\nshall not be inconsistent with the standards of review by the\\ncommissioner of such plan and reports specified in subdivision four of\\nthis section.\\n (b) The regulations promulgated pursuant to paragraph (a) of this\\nsubdivision shall require the multi-year services plan and where\\nappropriate the annual implementation reports, to include a summary of\\nthe understanding between the local social services district and the\\ndistrict attorney's office, which outlines the cooperative procedures to\\nbe followed by both parties in investigating incidents of child abuse\\nand maltreatment, consistent with their respective obligations for the\\ninvestigation or prosecution of such incidents, as otherwise required by\\nlaw.\\n 3. (a) There shall be a public hearing on the multi-year services plan\\nor each annual implementation report. Commencing in nineteen hundred\\neighty-two, such public hearing shall be held only after fifteen days\\nnotice is provided in a newspaper of general circulation within the\\ncounty. Such notice shall specifically identify the times of the public\\nhearing in which the child protective services and other services\\ncomponents of the multi-year services plan or annual implementation\\nreports are to be considered.\\n (b) Commencing in nineteen hundred eighty-two, after such hearing, the\\nmulti-year services plan or the annual implementation reports shall be\\nsubmitted for approval to the chief executive officer of the county or\\nto the legislative body in those counties without a chief executive\\nofficer. Full approval of the multi-year services plan or of the annual\\nimplementation report by the chief executive officer or legislative body\\nshall be required before submission of such plan or report to the\\ncommissioner.\\n (c) Commencing in nineteen hundred eighty-two, the multi-year services\\nplan or the annual implementation reports shall not be forwarded to the\\ncommissioner until at least fifteen days have passed from the date of\\nthe public hearing thereon.\\n 4. (a) Except as provided in paragraph (b) of this subdivision, the\\ncommissioner shall review both the multi-year services plan and the\\nannual implementation reports submitted by the social services district,\\nusing standards consistent with the provisions of sections one hundred\\nthirty-one-1, four hundred nine-d and four hundred twenty-three of this\\nchapter, and shall notify such district, in writing, of approval of such\\nplan or reports in whole or in part; provided, however, that for any\\nportions not approved, the commissioner shall in writing to the district\\nspecify the portions not approved, the reasons for such determination,\\nthe actions required for resubmittal of such portions, and the time\\nperiod of resubmittal; and provided further, that disapproval of a\\nportion of such plan or report shall not render the entire plan or\\nreport invalid. No portion of the multi-year services plan or of the\\nannual implementation reports shall be finally disapproved until the\\ndistrict has had at least one opportunity for resubmittal. Upon\\nresubmittal, or if no resubmittal is made within the time specified, the\\ncommissioner may grant further extensions to the district to allow it to\\nresubmit any unapproved portions, or may finally disapprove such\\nportions. Any social services district aggrieved by a final disapproval\\nof the commissioner under this section shall have the right to a fair\\nhearing in accordance with the appropriate provisions of this chapter.\\nAn adverse fair hearing decision shall be reviewable pursuant to article\\nseventy-eight of the civil practice law and rules. State reimbursement\\nmay be withheld for all or a portion of a local district's activities,\\nif the multi-year services plan, annual implementation report, or\\nportions of either are disapproved.\\n (b) The commissioner of the office of children and family services\\nshall review and approve or disapprove the diversion services portion of\\nthe plan jointly with the director of the office of probation and\\ncorrectional alternatives or any other successor agency or entity. The\\nrequirements for the portion of the plan and report regarding the\\nprovision of diversion services shall be jointly established by the\\ncommissioner of the office of children and family services and the\\ndirector of the office of probation and correctional alternatives or any\\nother successor agency or entity. The multi-year services plan and where\\nappropriate the annual implementation reports shall be based upon a\\nwritten understanding between the local social services district and the\\nprobation department which outlines the cooperative procedures to be\\nfollowed by both parties regarding diversion services pursuant to\\nsection seven hundred thirty-five of the family court act, consistent\\nwith their respective obligations as otherwise required by law.\\n 5. The commissioner shall promulgate regulations concerning the time\\nby which:\\n (a) each local social services district shall submit its multi-year\\nservices plan and annual implementation report;\\n (b) the commissioner shall, in writing, notify a local district of\\napproval or disapproval of all or parts of such district's multi-year\\nservices plan or annual implementation reports; and\\n (c) each local social services district shall submit a revised version\\nof its multi-year services plan or annual implementation report, or\\nparts thereof.\\n 6. (a) Notwithstanding any other provision of law, the office of\\nchildren and family services shall plan for the statewide\\nimplementation, by the thirty-first day of December, two thousand eight,\\nof the use by counties of a child and family services plan that combines\\nthe multi-year consolidated services plan required by this section and\\nthe comprehensive plan required by section four hundred twenty of the\\nexecutive law into a single plan.\\n (b) All counties shall implement a county child and family services\\nplan prior to or by the two thousand eight plan year in accordance with\\na schedule developed by the office of children and family services and\\nshall continue to implement such a plan thereafter. With the approval of\\nsuch office, a county may implement such a plan before the date required\\nby such schedule.\\n (c) The office of children and family services may waive any\\nregulatory requirements relating to the content and timing of multi-year\\nconsolidated services plans and annual implementation reports that may\\nimpede the ability of a county to implement a county child and family\\nservices plan.\\n (d) Nothing in this subdivision shall be deemed to affect county\\nplanning requirements under the mental hygiene law.\\n 7. (a) From monies appropriated to the office of children and family\\nservices for the family and children's services foster care and adoption\\nprogram, the office shall give assistance to local social services\\ndistricts to enable them to collect statistics and to describe the steps\\nbeing taken regarding: the number of families needing preventive\\nservices as provided for in title four of article six of this chapter\\nfor which services are provided; the effectiveness of specific\\npreventive services in preventing unnecessary foster care placements and\\nreducing the length of stay in foster care; the efforts made to prevent\\nunnecessary placements; the use of the least restrictive settings and\\nthe proximity of foster care placements to the child's home; the use of\\nkinship placements; the placement of siblings with one another at\\ninitial placement or as soon thereafter as possible; the number of\\ntransfers of children in foster care placements and the reasons for\\nthose transfers; the number of families reunited in fulfillment of the\\nchild's service goal plan and the length of placement prior to\\nreunification; the number of children prepared for independent living;\\nthe number of children with adoption as a service plan goal; the number\\nof children freed for adoption and the length of time taken to secure\\nterminations of parental rights; the number of children placed in\\npre-adoptive homes and the number of adoptions completed and the length\\nof time taken to complete them.\\n (b) Such data submitted to the office of children and family services\\nshall be aggregated and submitted with a narrative report on these\\nchildren's services, to the governor and the majority leader of the\\nsenate and the speaker of the assembly on or before July first, two\\nthousand five and semiannually thereafter.\\n 8. The commissioner of the office of children and family services\\nshall, in conjunction with the commissioner of education, develop model\\npractices and procedures for local social services districts and school\\ndistricts regarding the reporting and investigation of educational\\nneglect. Such model practices and procedures shall be available to\\nsocial services districts and school districts and shall be posted on\\nthe office of children and family services website and the state\\ndepartment of education website by September first, two thousand seven.\\nEach social services district shall, in conjunction with local school\\ndistricts within its district, submit written policies and procedures\\nregarding the reporting of educational neglect by each school district\\nwithin such social services district and the investigation of\\neducational neglect allegations by child protective services. Such\\npolicies and procedures shall be submitted to the office of children and\\nfamily services for review by January first, two thousand eight and the\\noffice shall approve or disapprove such local policies and procedures,\\nbased upon the model practices and procedures established in conjunction\\nwith the state department of education, within sixty days of submission.\\n 9. (a) If a social services district proposes an amendment to the\\nchild care portion of its child and family services plan that reduces\\neligibility or increases the family share percentage for child care\\nservices such district must: (i) no later than the first day the public\\nnotice appears in a newspaper pursuant to subdivision three of this\\nsection or the regulations of the office of children and family\\nservices, as applicable, prominently post on the district's website a\\nnotice of the proposed amendment describing the categories of families\\nwhose cases will be impacted; and (ii) at the time the public notice is\\nsubmitted to the newspaper for publication in accordance with\\nsubdivision three of this section or the regulations of the office of\\nchildren and family services, as applicable, provide a copy of such\\nnotice to the office of children and family services.\\n (b) If a social services district implements its process for closing\\nchild care cases, as set forth in its approved child and family services\\nplan, due to the district determining that it cannot maintain its\\ncurrent caseload because all of the available funds are projected to be\\nneeded for open cases, the district must: (i) no later than the day the\\nsocial services district begins to send individual notices to impacted\\nfamilies in accordance with subdivision eight of section four hundred\\nten-w of this chapter, prominently post a notice on their website that\\nstates that such district is implementing the child care case closing\\nprocess set forth in its approved child and family services plan and\\nthat describes the categories of families whose cases will be closed;\\nand (ii) immediately provide a copy of such notice to the office of\\nchildren and family services.\\n (c) The office of children and family services shall prominently post\\nnotices received pursuant to paragraphs (a) or (b) of this subdivision\\non its website.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "35", "title" : "Legal representation of individuals whose federal disability benefits have been denied or may be discontinued", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "35", "activeDate" : "2014-09-22", "sequenceNo" : 30, "repealedDate" : null, "fromSection" : "35", "toSection" : "35", "text" : " § 35. Legal representation of individuals whose federal disability\\nbenefits have been denied or may be discontinued. 1. The commissioner\\nshall establish criteria for selection of grant applications, review\\napplications awarded pursuant to the provisions of this section, and\\nexercise and perform such other functions as are related to the purposes\\nof this section.\\n 2. The commissioner shall make grants, within the amounts appropriated\\nfor that purpose, to not-for-profit legal services corporations and\\nnot-for-profit agencies serving the disabled and local social services\\ndistricts, to provide for representation of persons whose federal\\ndisability benefits including supplemental security income and social\\nsecurity disability insurance have been denied or may be discontinued\\nfor the purpose of representing these persons in appropriate\\nproceedings. When the commissioner has contracted with a local social\\nservices district to provide such representation, the legislative body\\nof such district may authorize and make provision for the commissioner\\nof social services of the district to obtain necessary legal services on\\na fee for services basis or other appropriate basis which the department\\nmay approve. Such legal services may be provided by not-for-profit legal\\nservices corporations, not-for-profit agencies serving the disabled or\\nprivate attorneys.\\n 3. The commissioner shall submit a report to the chairman of the\\nsenate finance committee and the chairman of the assembly ways and means\\ncommittee on or before the first day of October, nineteen hundred\\nninety-eight and biannually thereafter. Such a report shall include but\\nnot be limited to a review of the basis for selection of participating\\nentities; the administrative method used to carry out the program; the\\nnumber of cases appealed by district; the disposition of such appeals;\\nan identification of the savings and costs of the program to the state\\nand localities by district; an evaluation of the continuing need for\\nlegal representation provided by the program and recommendations for\\npossible federal and state legislative and regulatory actions relating\\nthereto.\\n 4. Responsibility for local financial participation shall be\\ndetermined by the commissioner based on either costs of and the number\\nof district residents served by each local entity or the alternative\\ncost allocation procedure deemed appropriate by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "36", "title" : "Studies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "36", "activeDate" : "2014-09-22", "sequenceNo" : 31, "repealedDate" : null, "fromSection" : "36", "toSection" : "36", "text" : " § 36. Studies. The department shall, in so far as available\\nappropriations will permit, study and collect information in relation to\\n (a) the number and conditions of persons who lack or are threatened\\nwith the deprivation of the necessaries of life, or seek, or are\\nreceiving public assistance or care and all matters pertaining thereto,\\nincluding the causes thereof and advise measures for their relief, and\\nalso for the relief of those in receipt of aid from private charity;\\n (b) unemployment, poverty, economic distress and other problems of\\nsocial welfare generally as may be useful in the discharge of its duties\\nor contribute to the promotion of social and economic security;\\n (c) the number of recipients of aid in, and the receipts and\\nexpenditures of, each public welfare district;\\n (d) dependency and local conditions relative thereto;\\n (e) such other matters in respect to public and private charities as\\nit may deem advisable;\\nand shall publish such information as it deems of public concern and\\nwhich may be of value in the performance of its duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "36-A", "title" : "Department research and demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-03-31" ], "docLevelId" : "36-A", "activeDate" : "2023-03-31", "sequenceNo" : 32, "repealedDate" : null, "fromSection" : "36-A", "toSection" : "36-A", "text" : " § 36-a. Department research and demonstration projects. 1. The\\ndepartment is authorized to sponsor, conduct and participate in research\\nand demonstration projects designed to ascertain and eliminate the\\ncauses of dependency and to rehabilitate recipients of public assistance\\nand care or to demonstrate the utilization of research in the\\nadministration of public assistance and care.\\n 2. Except where a specific appropriation has been made therefor, no\\nsuch research or demonstration project requiring the expenditure of\\nstate funds shall be instituted without prior approval of the director\\nof the budget.\\n 3. The department may request the cooperation of any county or city\\nsocial services district in connection with any such research or\\ndemonstration project sponsored or conducted by the department.\\n * 4. The commissioner shall seek any federal waiver or waivers from\\nthe United States department of agriculture that may be necessary to\\nexclude income provided to an individual as part of their participation\\nin a pilot program authorized under section one hundred thirty-one-a of\\nthis chapter for supplemental nutrition assistance program eligibility\\ndetermination purposes.\\n * NB Repealed March 23, 2029\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "36-B", "title" : "Local flexibility incentive pilot program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "36-B", "activeDate" : "2014-09-22", "sequenceNo" : 33, "repealedDate" : null, "fromSection" : "36-B", "toSection" : "36-B", "text" : " § 36-b. Local flexibility incentive pilot program. 1. The\\ndepartment, in cooperation with the department of labor, is authorized\\nto establish the local flexibility incentive pilot program to enable\\nsocial services districts or groups of social services districts, at\\nlocal option, to demonstrate innovations and efficiencies to aid public\\nassistance recipients in attaining self-sufficiency.\\n 2. Upon application of a social services district, the department, in\\ncooperation with the department of labor, is authorized to approve\\nfunding for pilot programs subject to the approval of the director of\\nthe budget, separate from state aid that said social services district\\nor social services districts would otherwise be eligible to receive, and\\nto waive state regulations that would impede the successful completion\\nof a project, provided that the demonstration project is consistent with\\napplicable state and federal statutes and will not impair the general\\nhealth or welfare of the people receiving services under such project or\\nothers receiving services in the applying social services district. The\\ndepartment is authorized, in consultation with the department of labor\\nwhere appropriate to impose appropriate alternative standards in place\\nof any waived requirements.\\n 3. Applications for pilot project approval shall include, but not be\\nlimited to, the name of the applying social services district or group\\nof social services districts, the population, size of its\\nwelfare-related programs including medical assistance, family\\nassistance, safety net assistance, emergency assistance to families or\\nits successor programs; size of the population to be subject to the\\npilot project, the project proposed, with quantified cost savings and an\\nexplanation of how such project, if approved, would result in cost\\ncontainment of the amounts described in the application or improvements\\nin the delivery of services and benefits; the start date and completion\\ndate of the project; whether, if successful, the project would require\\nfunding in future years; and identification, as necessary, of any rules,\\nregulations or statutory requirements that could impede the successful\\ncompletion of the project.\\n 4. If a project is approved, then, notwithstanding any inconsistent\\nprovision of law, the department shall provide funding of the project\\nwithin amounts available by appropriation therefor, provided that no\\nsocial services district or group of social services districts shall\\nreceive more than twenty-five percent of the funds available in any\\nsingle year. No payment will be made until thirty days after the\\nagreement has been executed. An approved applicant that shall achieve\\nits cost-savings goal shall receive full reimbursement for the costs of\\nsuch project as such amount shall have been approved by the department\\nin cooperation with the department of labor. In no case shall the state\\nor any of its agencies require remission or repayment of funds saved by\\nany applicant. Reimbursement for successful applicants pursuant to the\\nprovisions of this section shall not take place until the department\\nshall have been satisfied as to the savings levels actually achieved.\\n 5. Each social services district or group of social services\\ndistricts implementing a pilot project under this section shall\\nestablish an on-going program evaluation and assessment program\\nemploying objective measurements and systematic analysis to determine\\nthe manner and extent to which the project is achieving the intended\\nprimary objective of the project. Each evaluation and assessment\\nprogram shall include an annual performance plan with goals which\\nestablish target levels of performance expressed as tangible, measurable\\nobjectives against which actual achievement can be compared, including a\\ngoal expressed as a qualitative standard, value or rate. Each\\nparticipating social services district or group of social services\\ndistricts shall submit an annual program performance report for the\\nprior fiscal year to the department, the department of labor and to the\\ngovernor, the speaker of the assembly and the majority leader of the\\nsenate documenting the performance achieved compared with the\\nperformance goals established for the pilot project, improvements in the\\nquality of services provided and any cost savings; an explanation if a\\nperformance goal was not met and an assessment of the effectiveness in\\nachieving performance goals.\\n 6. Notwithstanding any provision of law to the contrary, state\\nreimbursement for expenditures made by a social services district for\\nadministration of any project, including expenditures made in connection\\nwith the development, if performed by a county employee or employees,\\nimplementation and operation thereof, shall not be subject to any\\nlimitations on administrative expenditures, ceilings or caps which\\notherwise would apply to the reimbursement of such administrative\\nexpenditures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "36-C", "title" : "Savings plan for the city of New York", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-04-28", "2018-04-20", "2022-04-15" ], "docLevelId" : "36-C", "activeDate" : "2022-04-15", "sequenceNo" : 34, "repealedDate" : null, "fromSection" : "36-C", "toSection" : "36-C", "text" : " * § 36-c. Savings plan for the city of New York. 1. Notwithstanding\\nany other provision of law to the contrary, in any social services\\ndistrict with a city having a population of five million or more, the\\nsocial services district shall conduct a demonstration project as set\\nforth in this section, and shall evaluate and report on such project\\nannually, pursuant to a plan approved by the office of temporary and\\ndisability assistance and the division of budget. A comprehensive report\\nshall be provided to the governor, the temporary president of the senate\\nand the speaker of the assembly by December thirty-first, two thousand\\ntwenty-one. Such report shall include but not be limited to information\\nregarding the program such as the number of participants for the\\nprevious three years; the percentage of participation as measured by the\\nnumber of participants making contributions into such savings plan; the\\naverage amount payable to a participant upon leaving the program; the\\naverage length of time a participant remained in the program; the number\\nof situations in which the participant moved out of the program but\\nreengaged in the program within the previous twelve months; the number\\nof participants leaving the program voluntarily and the number of\\nparticipants removed due to failure to comply; and any other\\ndemonstrated outcomes of such program.\\n 2. Such social services district, in lieu of applying that portion of\\na temporary housing assistance recipient's earned income that, but for\\nthe provisions of this section, would be applied to reduce the need for\\nthe shelter component of temporary housing assistance provided in a\\ntemporary emergency shelter, shall direct such a recipient to\\nparticipate in a savings plan with such funds and, as long as such funds\\nare not withdrawn, they shall not be applied to reduce the need for the\\nshelter component of the temporary housing assistance granted for the\\nduration of his or her residence in temporary emergency shelter;\\nprovided, however, that the provisions of this section shall only apply\\nto a person receiving temporary housing assistance in a shelter or other\\nfacility overseen by the New York city department of homeless services\\nor the New York city department of housing preservation and development.\\nFailure by a recipient of temporary housing assistance to contribute to\\nsuch a savings plan shall result in the discontinuance of temporary\\nhousing assistance. Provided however, such discontinuance shall be\\nimmediately curable by compliance with this section.\\n 3. In such social services district, any such funds collected from the\\nearned income of a recipient of temporary housing assistance while he or\\nshe is residing in a temporary emergency shelter shall be deposited in a\\nsavings plan approved by the office of temporary and disability\\nassistance and the division of budget; shall be payable to the recipient\\nfor the recipient's use to facilitate his or her transition to, or\\nstabilize his or her residence in, permanent housing upon his or her\\ndischarge from shelter or upon verification of such recipient's date of\\ndischarge from shelter; and shall be considered exempt as income or a\\nresource until the twelfth month following the month in which the\\nrecipient ceases receiving temporary housing assistance in temporary\\nemergency shelter. Funds collected in such savings plans shall be\\npooled, tracked individually, and maintained in a savings or\\nmoney-market account at interest rates set by the institution with which\\nsuch funds are deposited. Any savings and interest accrued in such\\naccount or accounts shall be distributed to a temporary housing\\nassistance recipient upon his or her discharge from temporary emergency\\nshelter or upon verification of such recipient's date of discharge from\\nshelter, in accordance with the provisions of this section.\\n 4. Such social services district shall be deemed in compliance with\\nsection one hundred thirty-one-a of this chapter for reimbursement of\\nexpenditures made for temporary housing assistance, provided the\\ndistrict is conducting the project fully in accordance with the\\nprovisions of this section. Unearned income of a recipient of temporary\\nhousing assistance in such social services district shall not be applied\\nto the savings plan, and shall not be required to be applied to that\\nportion of the shelter costs not paid for with public assistance.\\nTemporary housing assistance recipients shall not be required to\\ncontribute to the cost of such shelter, as provided for in this section.\\nSuch project shall not be implemented so as to compromise the federal\\nbenefits of a recipient or any of his or her household members.\\n 5. Upon the effective date of this subdivision, such social services\\ndistrict shall suspend implementation of the demonstration program,\\nprovided that (a) the recipient's need for the shelter component of\\ntemporary housing assistance shall not be reduced by the portion of a\\nrecipient's earned income that the recipient would have been required\\nunder subdivision two of this section to deposit in a savings plan, and\\n(b) funds collected from recipients pursuant to this section prior to\\nthe effective date of this subdivision shall continue to be treated and\\nmade payable to recipients in accordance with the provisions of\\nsubdivision three of this section.\\n * NB Repealed March 31, 2030\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "37", "title" : "Reports of and to department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "37", "activeDate" : "2014-09-22", "sequenceNo" : 35, "repealedDate" : null, "fromSection" : "37", "toSection" : "37", "text" : " § 37. Reports of and to department. The department may collect and,\\nso far as it shall deem advantageous, embody in its annual reports\\ninformation relating to the best manner of dealing with those who\\nrequire assistance from public funds, or who receive aid from private\\ncharity and represent its views as to the best methods of caring for\\ndependent children and such other matters as the commissioner may deem\\nadvisable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "38", "title" : "Commission for the blind", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "38", "activeDate" : "2014-09-22", "sequenceNo" : 36, "repealedDate" : null, "fromSection" : "38", "toSection" : "38", "text" : " § 38. Commission for the blind. The New York state commission for the\\nblind shall continue to exercise and perform its duties, as prescribed\\nby law, and the regulations of the office of children and family\\nservices subject to the supervision and control of the commissioner; and\\nsuch commission shall be a bureau of the office of children and family\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "39", "title" : "Indian affairs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "39", "activeDate" : "2014-09-22", "sequenceNo" : 37, "repealedDate" : null, "fromSection" : "39", "toSection" : "39", "text" : " § 39. Indian affairs. 1. Powers and duties, if any, conferred or\\nimposed, in terms, by laws now in force, on the governor, commissioners\\nof the land office and the superintendent of purchase or fiscal\\nsupervisor of state charities, so far only as they relate to affairs of\\nIndians, or on the commissioner of education, so far only as they relate\\nto affairs of Indians other than the education of children upon the\\nIndian reservations, except such powers and duties, if any, as may have\\nbeen conferred or imposed, in terms, on either of such officers, in\\nrelation to such affairs, by laws enacted and in effect since July\\nfirst, nineteen hundred and twenty-four, shall continue to be exercised\\nand performed by the department, instead of by the officers named.\\n 2. The office of children and family services may enter into an\\nagreement with an Indian tribe for the provision of foster care,\\npreventive and adoptive services to Indian children as defined in\\nsubdivision thirty-six of section two of this chapter and for the\\nprovision of adult and child protective services to Indians residing\\nupon the tribe's reservation in the state, after the Indian tribe has\\nsubmitted to the office of children and family services a plan that\\nsatisfactorily demonstrates that such tribe is able to meet the\\napplicable standards for foster care services, preventive services,\\nadoptive services, and adult and child protective services set forth in\\nthe applicable federal and state law and regulations. The office of\\nchildren and family services is authorized to reimburse such tribe for\\nthe full cost of foster care, preventive services, adult and child\\nprotective services, and adoptive services and care, after deducting any\\nfederal funds properly received on account thereof.\\n 3. Any Indian tribe designated as such by the Secretary of the\\nInterior which became subject to the jurisdiction of courts of the state\\nof New York pursuant to sections two hundred thirty-two and two hundred\\nthirty-three of title twenty-five of the United States code or any other\\nfederal law, may reassume jurisdiction over those child custody\\nproceedings provided for in articles three, seven, ten, and ten-A of the\\nfamily court act and sections three hundred fifty-eight-a and three\\nhundred eighty-four-b of this chapter involving Indian children provided\\nthat the Secretary of the Interior has granted approval pursuant to and\\nin accordance with the applicable sections of title twenty-five of the\\nUnited States code.\\n 4. Any Indian tribe designated as such by the state of New York which\\nis subject to the jurisdiction of the courts of the state of New York,\\nmay reassume jurisdiction over those child custody proceedings provided\\nfor in articles three, seven, ten, and ten-A of the family court act,\\nand sections three hundred fifty-eight-a and three hundred eighty-four-b\\nof this chapter involving Indian children provided that the local\\ncommissioner has granted approval in accordance with rules and\\nregulations established by the department.\\n 5. (a) An Indian tribe approved to assume jurisdiction shall have\\nexclusive jurisdiction over any child custody proceeding involving an\\nIndian child who resides or is domiciled within the reservation of such\\ntribe, except where such jurisdiction is otherwise vested in the courts\\nof the state of New York by existing federal law. Where an Indian child\\nis a ward of a tribal court, the Indian tribe shall retain exclusive\\njurisdiction, notwithstanding the residence or domicile of the child.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, nothing herein shall be construed to prevent the emergency\\nremoval of an Indian child who is a resident of or is domiciled on a\\nreservation, but temporarily located off the reservation, from his\\nparents or Indian custodian or the emergency placement of such child in\\na foster home or institution, under applicable state law in order to\\nprevent imminent physical damage or harm to the child. The state\\nauthority, official or agency shall insure that the emergency removal or\\nplacement terminates immediately when such removal or placement is no\\nlonger necessary to prevent imminent physical damage or harm to the\\nchild and shall expeditiously initiate a child custody proceeding\\nsubject to the provisions of this section, transfer the child to the\\njurisdiction of the appropriate Indian tribe, or restore the child to\\nthe parent or Indian custodian as may be appropriate.\\n 6. In any state court child custody proceeding involving the foster\\ncare placement of, or termination of parental rights to an Indian child\\nnot domiciled or residing within the reservation of the Indian child's\\ntribe, the court, in the absence of good cause to the contrary, shall\\ntransfer such proceeding to the jurisdiction of the tribe, absent\\nobjection by either parent, upon the petition of either parent or the\\nIndian custodian or the Indian child's tribe; provided, however, that\\nsuch transfer shall be subject to declination by the tribal court of\\nsuch tribe.\\n 7. In any state court proceeding involving the foster care placement\\nof or the termination of parental rights to an Indian child, the Indian\\ncustodian of the child and the Indian tribe shall have a right to\\nintervene at any point in the proceeding.\\n 8. The department may enter into an agreement, contract or compact\\nwith an Indian tribe or intertribal consortium for the provision of\\nwelfare related services by social services districts or by any tribe or\\ntribes in connection with a tribal plan for direct tribal funding and\\nadministration of federal temporary assistance to needy families block\\ngrant monies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "40", "title" : "Real property; purchase or acquisition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "40", "activeDate" : "2014-09-22", "sequenceNo" : 38, "repealedDate" : null, "fromSection" : "40", "toSection" : "40", "text" : " § 40. Real property; purchase or acquisition. 1. The commissioner,\\nwhen an appropriation therefor has been made by the legislature, may\\nacquire any real property which he may deem necessary for any\\ndepartmental purpose by purchase or, in the manner provided in the\\neminent domain procedure law. Title to any such real property shall be\\ntaken in the name of and be vested in the people of the state of New\\nYork; provided, however, that no real property shall be so acquired by\\npurchase unless the title thereto shall be approved by the attorney\\ngeneral.\\n 2. Whenever real property is to be acquired pursuant to the eminent\\ndomain procedure law, the commissioner shall cause to be made by the\\nstate department of transportation an accurate acquisition map as so\\nprovided in such law.\\n 3. On the approval of such map by the commissioner, the original\\ntracing of such map shall be filed in the main office of the department\\npursuant to the eminent domain procedure law.\\n 4. If the commissioner shall determine, prior to the filing of such\\nmap in the office of the clerk or register of the county, that changes,\\nalterations or modifications of such map as filed in the office of the\\ndepartment should be made, he or she shall, subject to the provisions of\\narticle two of the eminent domain procedure law, if applicable, direct\\nthe preparation by the department of transportation of an amended map.\\nOn the approval of such amended map by the commissioner, it shall be\\nfiled in the main office of the department and the amended map shall\\nthereupon in all respects and for all purposes supersede the map\\npreviously filed.\\n 5. If the commissioner shall determine, prior to the filing of a copy\\nof such acquisition map in the office of the county clerk or register as\\nprovided in paragraph three of subdivision (A) of section four hundred\\ntwo of the eminent domain procedure law, that such map should be\\nwithdrawn, he or she may file a certificate of withdrawal in the offices\\nof the department and of the department of law. Upon the filing of such\\ncertificate of withdrawal, the map to which it refers shall be\\ncancelled, and all rights thereunder shall cease and determine.\\n 6. The commissioner shall deliver to the attorney general a copy of\\nsuch acquisition map, whereupon it shall be the duty of the attorney\\ngeneral to advise and certify to the commissioner the names of the\\nowners of the property, easements, interests or rights described in the\\nsaid acquisition map, including the owners of any right, title or\\ninterest therein, pursuant to the requirements of section four hundred\\nthree of the eminent domain procedure law.\\n 7. If, at or after the vesting of title to such property in the\\npeople of the state of New York as provided for in the eminent domain\\nprocedure law, the commissioner shall deem it necessary to cause the\\nremoval of an owner or occupancy from any real property so acquired, he\\nmay cause such owner or occupant to be removed therefrom by proceeding\\nin accordance with section four hundred five of the eminent domain\\nprocedure law. The proceeding shall be brought in the name of the\\ncommissioner as agent of the state and the attorney general shall\\nrepresent the petitioner in the proceedings. No execution shall issue\\nfor costs, if any, awarded against the state or the commissioner, but\\nthey shall be part of the costs of the acquisition of the real property\\nand be paid in like manner. Proceedings may be brought separately\\nagainst one or more of the owners or occupants of any such property, or\\none proceeding may be brought against all or several of the owners or\\noccupants of any or all such property within the territorial\\njurisdiction of the same court, justice or judge; judgment shall be made\\nfor immediate removal of persons defaulting in appearance or in\\nanswering, or withdrawing their answers, if any, without awaiting the\\ntrial or decision of issues raised by contestants, if any.\\n 8. Upon making any agreement provided for in section three hundred\\nfour of the eminent domain procedure law, the commissioner shall deliver\\nto the comptroller such agreement and a certificate stating the amount\\ndue such owner or owners thereunder on account of such acquisition of\\nhis or their property and the amounts so fixed shall be paid out of the\\nstate treasury after audit by the comptroller from moneys appropriated\\nfor the acquisition of such real property, but not until there shall\\nhave been filed with the comptroller a certificate of the attorney\\ngeneral showing the person or persons claiming the amount so agreed upon\\nto be legally entitled thereto.\\n 9. Application for reimbursement of incidental expenses as provided\\nin section seven hundred two of the eminent domain procedure law shall\\nbe made to the commissioner upon forms prescribed by him and shall be\\naccompanied by such information and evidence as the commissioner may\\nrequire. Upon approval of such application, the commissioner shall\\ndeliver a copy thereof to the comptroller together with a certificate\\nstating the amount due thereof, and the amount so fixed shall be paid\\nout of the state treasury after audit by the comptroller from monies\\nappropriated for the acquisition of property under this section.\\n 10. The commissioner, with the approval of the director of the\\nbudget, shall establish and may from time to time amend rules and\\nregulations authorizing the payment of actual reasonable and necessary\\nmoving expenses of occupants of property acquired pursuant to this\\nsection; of actual direct losses of tangible personal property as a\\nresult of moving or discontinuing a business or farm operation, but not\\nexceeding an amount equal to the reasonable expenses that would have\\nbeen required to relocate such property, as determined by the\\ncommissioner; and actual reasonable expenses in searching for a\\nreplacement business or farm; or in hardship cases for the advance\\npayment of such expenses and losses. For the purposes of making payment\\nof such expenses and losses only the term \"business\" means any lawful\\nactivity conducted primarily for assisting in the purchase, sale,\\nresale, manufacture, processing or marketing of products, commodities,\\npersonal property or services by the erection and maintenance of an\\noutdoor advertising display or displays, whether or not such display or\\ndisplays are located on the premises on which any of the above\\nactivities are conducted. Such rules and regulations may further define\\nthe terms used in this subdivision. In lieu of such actual reasonable\\nand necessary moving expenses, any such displaced owner or tenant of\\nresidential property may elect to accept a moving expense allowance,\\nplus a dislocation allowance, determined in accordance with a schedule\\nprepared by the commissioner and made a part of such rules and\\nregulations. In lieu of such actual reasonable and necessary moving\\nexpenses, any such displaced owner or tenant of commercial property who\\nrelocates or discontinues his business or farm operation may elect to\\naccept a fixed relocation payment in an amount equal to the average\\nannual net earnings of the business or farm operation, except that such\\npayment shall be not less than two thousand five hundred dollars nor\\nmore than ten thousand dollars. In the case of a business, no such\\nfixed relocation payment shall be made unless the commissioner finds and\\ndetermines that the business cannot be relocated without a substantial\\nloss of its existing patronage, and that the business is not part of a\\ncommercial enterprise having at least one other establishment, which is\\nnot being acquired by the state or the United States, which is engaged\\nin the same or similar business. In the case of a business which is to\\nbe discontinued but for which the findings and determinations set forth\\nabove cannot be made, the commissioner may prepare an estimate of what\\nthe actual reasonable and necessary moving expenses, exclusive of any\\nstorage charges, would be if the business were to be relocated and enter\\ninto an agreed settlement with the owner of such business for an amount\\nnot to exceed such estimate in lieu of such actual reasonable and\\nnecessary moving expenses. Application for payment under this\\nsubdivision shall be made to the commissioner upon forms prescribed by\\nhim and shall be accompanied by such information and evidence as the\\ncommissioner may require. Upon approval of such application, the\\ncommissioner shall deliver a copy thereof to the comptroller together\\nwith a certificate stating the amount due thereunder, and the amount so\\nfixed shall be paid out of the state treasury after audit by the\\ncomptroller from moneys appropriated for the acquisition of property\\nunder this section. As used in this subdivision the term \"commercial\\nproperty\" shall include property owned by an individual, family,\\npartnership, corporation, association or a nonprofit organization and\\nincludes a farm operation. As used in this subdivision the term\\n\"business\" means any lawful activity, except a farm operation, conducted\\nprimarily for the purchase, sale, lease and rental of personal and real\\nproperty, and for the manufacture, processing, or marketing of products,\\ncommodities, or any other personal property; for the sale of services to\\nthe public; or by a nonprofit organization.\\n 11. Authorization is hereby given to the commissioner to make\\nsupplemental relocation payments, separately computed and stated, to\\ndisplaced owners and tenants of residential property acquired pursuant\\nto this section who are entitled thereto, as determined by him. The\\ncommissioner, with the approval of the director of the budget, may\\nestablish and from time to time amend rules and regulations providing\\nfor such supplemental relocation payments. Such rules and regulations\\nmay further define the terms used in this subdivision. In the case of\\nproperty acquired pursuant to this section which is improved by a\\ndwelling actually owned and occupied by the displaced owner for not less\\nthan one hundred eighty days immediately prior to initiation of\\nnegotiations for the acquisition of such property, such payment to such\\nowner shall not exceed fifteen thousand dollars. Such payment shall be\\nthe amount, if any, which, when added to the acquisition payment equals\\nthe average price, established by the commissioner on a class, group or\\nindividual basis, required to obtain a comparable replacement dwelling\\nthat is decent, safe and sanitary to accommodate the displaced owner,\\nreasonably accessible to public services and places of employment and\\navailable on the private market, but in no event shall such payment\\nexceed the difference between acquisition payment and the actual\\npurchase price of the replacement dwelling. Such payment shall include\\nan amount which will compensate such displaced owner for any increased\\ninterest costs which such person is required to pay for financing the\\nacquisition of any such comparable replacement dwelling. Such amount\\nshall be paid only if the dwelling acquired pursuant to this section was\\nencumbered by a bona fide mortgage which was a valid lien on such\\ndwelling for not less than one hundred eighty days prior to the\\ninitiation of negotiations for the acquisition of such dwelling. Such\\namount shall be equal to the excess in the aggregate interest and other\\ndebt service costs of that amount of the principal of the mortgage on\\nthe replacement dwelling which is equal to the unpaid balance of the\\nmortgage on the acquired dwelling, over the remainder term of the\\nmortgage on the acquired dwelling, reduced to discounted present value.\\nThe discount rate shall be the prevailing interest rate paid on savings\\ndeposits by commercial banks in the general area in which the\\nreplacement dwelling is located. Any such mortgage interest\\ndifferential payment shall, notwithstanding the provisions of section\\ntwenty-six-b of the general construction law, be in lieu of and in full\\nsatisfaction of the requirements of such section. Such payment shall\\ninclude reasonable expenses incurred by such displaced owner for\\nevidence of title, recording fees and other closing costs incident to\\nthe purchase of the replacement dwelling, but not including prepaid\\nexpenses. Such payment shall be made only to a displaced owner who\\npurchases and occupies a replacement dwelling which is decent, safe and\\nsanitary within one year subsequent to the date on which he is required\\nto move from the dwelling acquired pursuant to this section or the date\\non which he receives from the state final payment of all costs of the\\nacquired dwelling, whichever occurs later, except advance payment of\\nsuch amount may be made in hardship cases. In the case of property\\nacquired pursuant to this section from which an individual or family,\\nnot otherwise eligible to receive a payment pursuant to the above\\nprovisions of this subdivision, is displaced from any dwelling thereon\\nwhich has been actually and lawfully occupied by such individual or\\nfamily for not less than ninety days immediately prior to the initiation\\nof negotiations for the acquisition of such property, such payment to\\nsuch individual or family shall not exceed four thousand dollars. Such\\npayment shall be the amount which is necessary to enable such individual\\nor family to lease or rent for a period not to exceed four years, a\\ndecent, safe, and sanitary dwelling of standards adequate to accommodate\\nsuch individual or family in areas not generally less desirable in\\nregard to public utilities and public and commercial facilities and\\nreasonably accesible to his place of employment, but shall not exceed\\nfour thousand dollars, or to make the down payment, including reasonable\\nexpenses incurred by such individual or family for evidence of title,\\nrecording fees, and other closing costs incident to the purchase of the\\nreplacement dwelling, but not including prepaid expenses, on the\\npurchase of a decent, safe and sanitary dwelling of standards adequate\\nto accommodate such individual or family in areas not generally less\\ndesirable in regard to public utilities and public and commercial\\nfacilities, but shall not exceed four thousand dollars, except if such\\namount exceeds two thousand dollars, such person must equally match any\\nsuch amount in excess of two thousand dollars, in making the down\\npayment. Such payments may be made in installments as determined by the\\ncommissioner. Application for payment under this subdivision shall be\\nmade to the commissioner upon forms prescribed by him and shall be\\naccompanied by such information and evidence as the commissioner may\\nrequire. Upon approval of such application, the commissioner shall\\ndeliver a copy thereof to the comptroller, together with a certificate\\nstating the amount due thereunder, and the amount so fixed shall be paid\\nout of the state treasury after audit by the comptroller from moneys\\nappropriated for the acquisition of property under this section.\\n 12. The owner of any real property so acquired may present to the\\ncourt of claims, pursuant to subdivision (A) of section five hundred\\nthree of the eminent domain procedure law, a claim for the value of such\\nproperty and for other legal damages as provided by law for the filing\\nof claims with the court of claims. Awards and judgments of the court\\nof claims shall be paid in the same manner as awards and judgments of\\nthat court for the acquisition of lands generally and shall be paid out\\nof the state treasury after audit by the comptroller from moneys\\nappropriated for the acquisition of such real property.\\n 13. Expenses incurred in the acquisition of the property, including\\nthe cost of title searches, service and publication of notices, and\\nexpenses incurred in proceedings for the removal of owners or occupants,\\nshall be deemed to be part of the cost of the acquisition of such real\\nproperty and shall be paid accordingly out of any moneys appropriated\\nfor the acquisition of such property.\\n 14. If the commissioner shall determine subsequent to the acquisition\\nof a temporary easement in any real property that the purposes for which\\nsuch easement right was acquired have been accomplished and that the\\nexercise of such easement is no longer necessary, he shall make his\\ncertificate that the exercise of such easement is no longer necessary\\nand that such easement right is therefore terminated, released and\\nextinguished. The commissioner shall cause such certificate to be filed\\nin the office of the department of state and upon such filing all rights\\nacquired by the state in such property shall cease and determine. The\\ncommissioner shall cause a certified copy of such certificate as so\\nfiled in the office of the department of state to be mailed to the owner\\nof the property affected, as certified by the attorney general, if the\\nplace of residence of such owner is known or can be ascertained by a\\nreasonable effort and such commissioner shall cause a further certified\\ncopy of such certificate to be filed in the office of the recording\\nofficer of each county in which the property affected or any part\\nthereof is situated. On the filing of such certified copy of such\\ncertificate with such recording officer, it shall be his duty to record\\nthe same in his office in the books used for recording deeds and to\\nindex the same against the name of the people of the state of New York\\nas grantor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 33 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A2-A", "title" : "Shelter and Supported Housing Programs", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2-A", "activeDate" : "2014-09-22", "sequenceNo" : 39, "repealedDate" : null, "fromSection" : "41", "toSection" : "52", "text" : " ARTICLE 2-A\\n SHELTER AND SUPPORTED HOUSING PROGRAMS\\nTITLE 1 HOMELESS HOUSING AND ASSISTANCE PROGRAM\\n 2 SINGLE ROOM OCCUPANCY SUPPORT SERVICES PROGRAM\\n 4 HOMELESSNESS INTERVENTION PROGRAM\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A2-AT1", "title" : "Homeless Housing and Assistance Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 40, "repealedDate" : null, "fromSection" : "41", "toSection" : "44", "text" : " TITLE I\\n HOMELESS HOUSING AND ASSISTANCE PROGRAM\\nSection 41. Legislative findings and purpose.\\n 42. Definitions.\\n 43. Homeless housing and assistance contracts.\\n 44. General and administrative provisions.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "41", "title" : "Legislative findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "41", "activeDate" : "2014-09-22", "sequenceNo" : 41, "repealedDate" : null, "fromSection" : "41", "toSection" : "41", "text" : " § 41. Legislative findings and purpose. The legislature hereby finds\\nthat large numbers of people in communities across our state are unable\\nto secure housing for themselves and are living in the streets or in\\nemergency shelters, despite current efforts by public and private\\nagencies to provide adequate housing for those in need; that the present\\ncondition is contrary to the public interest and threatens the health,\\nsafety, welfare, comfort and security of the people of the state; that\\ncommunities across the state must each do their share to assist the\\nhomeless; and that the public interest requires that state financial\\nassistance be provided to construct or rehabilitate housing units for\\nthe homeless in communities throughout New York state and to explore\\nalternative means of meeting their long-term housing needs, consistent\\nwith the fiscal constraints faced by New York state. The legislature,\\ntherefore, finds that a special fund should be established, to fund\\ncapital programs sponsored by not-for-profit corporations, charitable\\norganizations, wholly owned subsidiaries of not-for-profit corporations\\nor of charitable organizations, public corporations and municipalities\\nthat will expand and improve the supply of shelter and other housing\\narrangements for homeless persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "42", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "42", "activeDate" : "2014-09-22", "sequenceNo" : 42, "repealedDate" : null, "fromSection" : "42", "toSection" : "42", "text" : " § 42. Definitions. As used in this article, the following terms shall\\nhave the following meanings unless the context clearly requires\\notherwise:\\n 1. \"Homeless project\" shall mean a specific facility, including lands,\\nbuildings and improvements acquired, constructed, renovated or\\nrehabilitated and operated by a not-for-profit corporation, charitable\\norganization, wholly owned subsidiary of a not-for-profit corporation or\\nof a charitable organization, public corporation or a municipality to\\nincrease the availability of housing for homeless persons, which may\\ninclude other non-housing services such as but not limited to dining,\\nrecreational, sanitary, social, medical and mental health services as\\nmay be deemed by the commissioner to be essential to such a project.\\n 2. \"Homeless person\" shall mean an undomiciled person who is unable\\nto secure permanent and stable housing without special assistance, as\\ndetermined by the commissioner.\\n 3. \"Project cost\" shall mean the cost of any or all undertakings\\nnecessary for planning, financing, land acquisition, demolition,\\nconstruction, rehabilitation, equipment and site development.\\n 4. \"Not-for-profit corporation\" and \"charitable organization\" shall\\nmean entities established pursuant to the not-for-profit corporation law\\nor otherwise established pursuant to law.\\n 5. \"Public corporation\" shall mean a municipal corporation, a district\\ncorporation, or a public benefit corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "43", "title" : "Homeless housing and assistance contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "43", "activeDate" : "2014-09-22", "sequenceNo" : 43, "repealedDate" : null, "fromSection" : "43", "toSection" : "43", "text" : " § 43. Homeless housing and assistance contracts. 1. Within the limits\\nof funds available in the homeless housing and assistance fund, the\\ncommissioner is hereby authorized to enter into contracts with\\nmunicipalities to provide state financial assistance for the project\\ncosts attributable to the establishment of homeless housing projects.\\nThe municipalities that enter into contracts with the commissioner shall\\nundertake the establishment of the homeless housing project or shall\\ncontract with a not-for-profit corporation or charitable organization to\\nundertake the project, pursuant to this article.\\n 2. Subject to the approval of the director of the budget, the\\ncommissioner is hereby authorized to enter into contracts with\\nnot-for-profit corporations or subsidiaries thereof, public corporations\\nor charitable organizations or subsidiaries thereof to provide state\\nfinancial assistance for the project costs attributable to the\\nestablishment of homeless projects.\\n 3. The state financial assistance shall be in the form of grants,\\nloans or loan guarantees, as the commissioner may determine provided,\\nhowever, that financial assistance to a for-profit subsidiary of a\\nnot-for-profit corporation or of a charitable organization must be in\\nthe form of a loan or loan guarantee. Any loan to a for-profit\\nsubsidiary shall be repaid under such terms as will protect the\\nfinancial viability of the project. Subject to the approval of the\\ndivision of the budget, the commissioner may contract with other state\\nagencies, public benefit corporation's or private institutions to\\nadminister a loan or loan guarantee program pursuant to regulations to\\nbe promulgated by the commissioner.\\n 4. The commissioner shall require that, in order to receive funds\\npursuant to this article, the municipality, not-for-profit corporation\\nor subsidiary thereof, public corporation or charitable organization or\\nsubsidiary thereof must submit an operating plan. Such plan shall\\ninclude:\\n (a) the manner in which the operating expenses of the project shall be\\nmet;\\n (b) the services that will be provided to homeless persons, including\\nprocedures for intake, referral and outreach;\\n (c) the responsibilities of the municipality and social services\\ndistrict for the operation of the project;\\n (d) the specific population that will be served by the project and how\\nthe project will address the population's special needs;\\n (e) the category of facility proposed to be established; and\\n (f) evidence demonstrating that such project complies or will comply\\nwith existing local, state and federal laws and regulations.\\n 5. The commissioner may use up to one percent of the appropriation for\\nany fiscal year to pay for technical assistance in support of project\\ndevelopment and operation. Technical assistance may include assistance\\nwith general project development and operation, support services\\ndevelopment, architecture and engineering, legal services and financial\\nservices and may be provided by individuals and not-for-profit or\\nbusiness corporations. The providers of technical assistance shall be\\nchosen by the department based on such information as the department\\nshall require in a request for proposals or in any other competitive\\nprocess which satisfies the provisions of the state finance law.\\n 6. Prior to entering into a contract for the establishment and\\noperation of a homeless project pursuant to this section, the\\ncommissioner shall determine that the not-for-profit corporation or\\nsubsidiary thereof, public corporation or charitable organization or\\nsubsidiary thereof that proposes to undertake the homeless project is a\\nbona fide organization which shall have demonstrated by its past and\\ncurrent activities that it has the ability to maintain, manage or\\noperate homeless projects, that the organization is financially\\nresponsible, that the proposed project is financially viable and that\\nthe project plan has been determined to be appropriate for the needs of\\nthe homeless in the relevant community.\\n 7. Every contract entered into for the establishment and operation of\\na homeless project pursuant to this article shall contain a provision\\nthat in the event the property which is the subject of such contract\\nceases to be used as a homeless project during a seven-year period\\ncommencing with the date of the commissioner's written approval of\\noccupancy of the homeless project, or such longer period of time as may\\nbe established in the contract, or in case of any other substantial\\nviolation, the commissioner may terminate the contract and may require\\nthe repayment of any moneys previously advanced to the municipality,\\nnot-for-profit corporation or subsidiary thereof, public corporation or\\ncharitable organization or subsidiary thereof pursuant to the terms of\\nsuch contract. Where the municipality has entered into a contract with\\na not-for-profit corporation or subsidiary thereof, public corporation\\nor charitable organization or subsidiary thereof, the commissioner may,\\npursuant to this subdivision, require that the municipality terminate\\nthe contract with such corporation. Any money repaid pursuant to this\\nsubdivision shall be returned to the homeless housing and assistance\\nfund.\\n 8. Each contract entered into for the establishment and operation of a\\nhomeless project pursuant to this article shall be subject to the\\napproval of the director of the budget and shall provide for payment to\\nthe municipality, not-for-profit corporation or subsidiary thereof,\\npublic corporation or charitable organization or subsidiary thereof for\\nthe project costs related to the homeless project to be established by\\nit, pursuant to a payment schedule. The full amount of the contract, or\\nany appropriate portion thereof, as determined by the commissioner and\\nsubject to the approval of the director of the budget, shall be\\navailable for payment at any time on or after the effective date of the\\ncontract.\\n 9. Notwithstanding any other provision of this article, the\\ncommissioner may, subject to the approval of the director of the budget,\\nenter into contracts to provide financial assistance for other than\\nproject costs where such financial assistance can be demonstrated to be\\nnecessary; provided, however, that no more than twenty-five per centum\\nof the total amount appropriated for the purposes of this article in any\\nfiscal year shall be allocated in contracts for other than project\\ncosts. In determining whether financial assistance for other than\\nproject costs is necessary, the commissioner shall consider the proposed\\nproject's plan for meeting operating expenses, the efforts made by the\\ncontracting organizations to secure alternative sources of funding for\\nother than project costs, and such other factors as the commissioner\\nshall deem appropriate.\\n 10. Notwithstanding any other provision of this article, the state\\nshall not, in the exercise of its responsibilities pursuant to this\\narticle, assume the legal title to projects developed pursuant to this\\narticle.\\n 11. The municipality, not-for-profit corporation or subsidiary\\nthereof, public corporation or charitable organization or subsidiary\\nthereof seeking financial assistance pursuant to this article shall,\\nwithin thirty days of its application for such assistance, notify the\\nlocal planning board, as defined by section twenty-seven of the general\\ncity law, section two hundred seventy-one of the town law, section 7-718\\nof the village law, or section eighty-four of the charter of the city of\\nNew York, appropriate for the geographic area in which the proposed\\nhomeless project would be located, and shall provide such board with\\ninformation regarding the proposed homeless project.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "44", "title" : "General and administrative provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "44", "activeDate" : "2014-09-22", "sequenceNo" : 44, "repealedDate" : null, "fromSection" : "44", "toSection" : "44", "text" : " § 44. General and administrative provisions. 1. The department, in\\nconsultation with the division of housing and community renewal, the\\noffice of mental health and other appropriate agencies, shall issue and\\npromulgate rules and regulations for the administration of this article.\\nThe rules and regulations shall provide that state financial assistance\\npursuant to this article will not be available unless an application has\\nbeen filed by the municipality, not-for-profit corporation or subsidiary\\nthereof, public corporation or charitable organization or subsidiary\\nthereof with the department pursuant to a request for proposals issued\\nby the commissioner. The rules and regulations shall include provisions\\nconcerning eligibility of municipalities and contracting not-for-profit\\ncorporations or subsidiaries thereof, public corporations and charitable\\norganizations or subsidiaries thereof for state financial assistance;\\nthe form of the applications for contracts; funding criteria and the\\nfunding determination process; the form of the contracts; supervision\\nand evaluation of the contracting municipalities or corporations;\\nreporting, budgeting and record-keeping requirements; provisions for\\nmodification, termination, extension and renewal of contracts; and such\\nother matters not inconsistent with the purposes and provisions of this\\narticle as the commissioner shall deem necessary, proper or appropriate.\\n 2. The commissioner may provide that preference be given to contract\\napplications that (a) involve other sources of funds (municipal, federal\\nor any source other than the state), in-kind contributions made by such\\nsources, or involve projects receiving state financial assistance\\npursuant to chapters three hundred thirty-eight, three hundred\\nthirty-nine and five hundred forty-nine of the laws of nineteen hundred\\neighty-two, in order to maximize the effect of state financial\\nassistance or (b) involve innovative and cost-effective homeless\\nprojects that may help resolve the long-term problems of the homeless or\\n(c) involve the rehabilitation of existing structures.\\n 3. The commissioner shall, in consultation with the commissioner of\\nhousing and community renewal, the commissioner of mental health and the\\ncommissioners of other appropriate agencies, evaluate the need for\\nhomeless projects in various areas of the state and among various\\npopulations, including, but not limited to, homeless men, women,\\nfamilies and runaway youth, and shall allocate funds, to the extent\\npracticable, to meet these needs; provided, however, that no more than\\nfifty per centum of the total amount appropriated pursuant to this\\narticle in any fiscal year shall be allocated to contracts with any\\nsingle municipality.\\n 4. The department shall provide for the review, at periodic intervals,\\nof the performance of the municipalities, not-for-profit corporations or\\nsubsidiaries thereof, public corporations and charitable organizations\\nor subsidiaries thereof receiving financial assistance pursuant to this\\narticle. Such review shall, among other things, be for the purposes of\\nascertaining conformity to contractual provisions, the financial\\nintegrity and efficiency of the organizations and the evaluation of the\\nproject. Contracts entered into pursuant to this article may be\\nterminated by the commissioner upon a finding of substantial\\nnonperformance or other breach by the organization of its obligations\\nunder its contract with the municipality.\\n 5. The commissioner shall require that all homeless projects that\\nreceived financial assistance pursuant to this article shall comply with\\nall regulations applicable to projects of this type promulgated by the\\ndepartment, by the division of housing and community renewal and other\\nmunicipal, state and federal regulations and laws. The commissioner may\\nterminate any contract upon a finding that a substantial violation of\\nsuch regulations or laws has remained uncorrected for a substantial\\nperiod of time.\\n 6. In order to further the purposes of this article, social services\\ndistricts shall, in accordance with regulations promulgated by the\\ndepartment, undertake such efforts as may be necessary and practicable\\nto assist homeless persons apply for and obtain appropriate governmental\\nassistance.\\n 7. On or before February first, nineteen hundred eighty-four and on or\\nbefore February first of each year thereafter in which contracts under\\nthis section are in force, the commissioner shall submit to the\\ngovernor, the temporary president of the senate and the speaker of the\\nassembly a report detailing progress and evaluating results, to date, of\\nthe program.\\n 8. Notwithstanding the provisions of any general or special law, the\\ndirector of the budget is authorized to transfer to the homeless housing\\nand assistance account funds otherwise appropriated or reappropriated to\\nthe department of social services for the fiscal years beginning on and\\nafter April one, nineteen hundred ninety, in an amount or amounts the\\ndirector of the budget determines to be necessary to carry out the\\nprovisions of the homeless housing and assistance program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A2-AT2", "title" : "Single Room Occupancy Support Services Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 45, "repealedDate" : null, "fromSection" : "45", "toSection" : "45-G", "text" : " TITLE 2\\n SINGLE ROOM OCCUPANCY SUPPORT SERVICES PROGRAM\\nSection 45. Definitions.\\n 45-a. Single room occupancy support services program.\\n 45-b. Notice of funding availability; contracts.\\n 45-c. Direct application by eligible applicants.\\n 45-d. Operating plans.\\n 45-e. Reimbursement.\\n 45-f. Administration.\\n 45-g. Annual report.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45", "activeDate" : "2014-09-22", "sequenceNo" : 46, "repealedDate" : null, "fromSection" : "45", "toSection" : "45", "text" : " § 45. Definitions. As used in this title, the following terms shall\\nhave the following meanings unless the context clearly requires\\notherwise:\\n 1. \"Eligible cost\" shall mean the cost to deliver one or more services\\nto eligible residents to assist such residents to live independently,\\nincluding information and referral, resident services coordination,\\ncrisis intervention, and other like services. Eligible cost shall not\\ninclude: those costs associated with maintenance and operation of\\nphysical plant; those costs associated with support services or\\nmaintenance provided or financially assisted by other state or municipal\\nprograms; or those costs associated with support services provided in\\nresidential care programs licensed by a state department or agency. When\\ntwo or more eligible projects exist in the same geographic area,\\nservices shall be provided in common among such projects whenever\\nfeasible.\\n 2. \"Eligible applicant\" shall mean a not-for-profit corporation or\\ncharitable organization which operates single room occupancy units\\nqualifying as an eligible project.\\n 3. \"Eligible resident\" shall mean a person residing in a single room\\noccupancy unit who is in need of services to live independently. In the\\nevent that the income of such resident exceeds one hundred fifty percent\\nof the poverty level, the eligible project may charge a service fee to\\nthe eligible resident not to exceed fifty percent of the total cost of\\nservices provided pursuant to this title in such project divided by the\\nnumber of eligible residents in the project.\\n 4. \"Eligible project\" shall mean those single room occupancy units\\noccupied by eligible residents, within a building or portion thereof\\nwhich is operated by an eligible applicant.\\n 5. \"Single room occupancy unit\" shall mean a private room providing\\nliving and sleeping space for no more than two persons with access to\\nbathing and toilet facilities, within a building or portion thereof\\nwhich is operated by an eligible applicant; provided, however, that in\\nno event shall such unit be located in:\\n (a) hotels, motels or other dwellings occupied transiently;\\n (b) shelters for families or adults, as defined by the commissioner;\\n (c) residential facilities or institutions which are required to be\\nlicensed by any state agency;\\n (d) college or school dormitories;\\n (e) clubhouses;\\n (f) housing intended for use primarily or exclusively by the employees\\nof a single company or institution; or\\n (g) convents or monasteries.\\n The unit itself may contain a kitchen and/or a bathroom.\\n 6. \"In-kind expenditures\" shall mean the cash value of eligible costs\\nthat are not reimbursed under this title and may include but not be\\nlimited to materials, equipment, space or paid or volunteer staff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45-A", "title" : "Single room occupancy support services program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45-A", "activeDate" : "2014-09-22", "sequenceNo" : 47, "repealedDate" : null, "fromSection" : "45-A", "toSection" : "45-A", "text" : " § 45-a. Single room occupancy support services program. There is\\nhereby established under the administration of the commissioner a single\\nroom occupancy support services program, to provide financial\\nassistance, subject to limitations stated in appropriations therefor, in\\nthe form of grants, to eligible applicants for eligible costs of\\nservices to assist eligible residents of single room occupancy units to\\nlive independently. The commissioner, subject to the approval of the\\ndirector of the budget and within amounts appropriated therefor, shall\\nrequest proposals from local social services districts for funds to\\nsupport grants made pursuant to this title. Copies of such requests for\\nproposals shall be simultaneously distributed to eligible applicants\\nknown to the commissioner and the availability of such proposals shall\\nbe publicized by the department. Local social services districts will be\\nchosen competitively based upon such proposals for funding. Criteria to\\nbe used by the commissioner in awarding funding among local social\\nservices districts shall include but not be limited to the anticipated\\nneed for single room occupancy units within each district; the ability\\nof the local social services district to properly supervise the single\\nroom occupancy support services program; and the appropriateness of the\\nsupport services for the population to be served.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45-B", "title" : "Notice of funding availability; contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45-B", "activeDate" : "2014-09-22", "sequenceNo" : 48, "repealedDate" : null, "fromSection" : "45-B", "toSection" : "45-B", "text" : " § 45-b. Notice of funding availability; contracts. A local social\\nservices district that receives funding pursuant to this title shall\\nissue notices of funding availability together with application forms\\nfor financial assistance under this title, provided that such notices,\\napplication forms and competitive award procedures are approved in\\nadvance by the department. When such applications are approved, the\\nlocal social services official is authorized to enter into contracts\\nwith eligible applicants to provide financial assistance in the form of\\ngrants for eligible costs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45-C", "title" : "Direct application by eligible applicants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45-C", "activeDate" : "2014-09-22", "sequenceNo" : 49, "repealedDate" : null, "fromSection" : "45-C", "toSection" : "45-C", "text" : " § 45-c. Direct application by eligible applicants. Upon receipt of a\\ncopy of the request for proposals issued pursuant to section\\nforty-five-a of this title, an eligible applicant may notify the local\\nsocial services district in which its eligible project is located of its\\ndesire to participate in the single room occupancy support services\\nprogram. In the event that the local social services district does not\\nsubmit a proposal pursuant to section forty-five-a of this title, such\\neligible applicant that has notified the local social services district\\nof its desire to participate may submit an application directly to the\\ncommissioner for financial assistance under this title. Criteria to be\\nused by the commissioner in awarding funding directly to such eligible\\napplicants shall include but not be limited to the anticipated need for\\nsingle room occupancy units within the district where the eligible\\nproject is located, and the appropriateness of the support services for\\nthe population to be served. Before directly awarding any funding to\\neligible applicants, the commissioner shall consult with the local\\nsocial services district where the eligible project is located regarding\\nthe need for single room occupancy units within such district, the\\nability of the eligible project to provide single room occupancy\\nservices and any other factors which are necessary to effectively\\nevaluate direct application by eligible projects. When such applications\\nare approved, the commissioner, within the amounts appropriated under\\nthis title, and subject to the limitations set forth in this section and\\nsection forty-five-d of this title, is authorized to enter into\\ncontracts with eligible applicants, to provide financial assistance in\\nthe form of grants for eligible costs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45-D", "title" : "Operating plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45-D", "activeDate" : "2014-09-22", "sequenceNo" : 50, "repealedDate" : null, "fromSection" : "45-D", "toSection" : "45-D", "text" : " § 45-d. Operating plans. 1. Contracts with not-for-profit corporations\\nand charitable organizations shall be approved by the social services\\ndistrict, or the commissioner in the case of direct applications, in\\naccordance with an operational plan submitted pursuant to the provisions\\nof subdivision two of this section.\\n 2. The social services district, or the commissioner in the case of\\ndirect applications, shall require that, in order to receive funds\\npursuant to this title, the not-for-profit corporation or charitable\\norganization must submit an operating plan. Preference shall be given to\\nplans which demonstrate that existing state, federal, local and private\\ndollars will be utilized to the fullest extent possible to fund the\\nservice costs of the project. Such plans shall include but not be\\nlimited to:\\n (a) the manner in which the capital expenses of the project shall be\\nmet;\\n (b) the services that will be provided to the residents of the\\nproject;\\n (c) the specific population that will be served by the project and how\\nthe project will address the population's special needs;\\n (d) a description of the manner in which coordination with other\\nfederal, state, local and private funding sources shall be achieved;\\n (e) the cost per month per eligible resident of the services to be\\nprovided; and\\n (f) evidence demonstrating that such project complies or will comply\\nwith existing local, state and federal laws and regulations.\\n 3. Prior to entering into a contract pursuant to this title, the\\nsocial services district, or the commissioner in the case of direct\\napplications, shall determine that the not-for-profit corporation or\\ncharitable organization submitting such plan is a bona fide organization\\nwhich shall have demonstrated by its past and current activities that it\\nhas the ability to maintain, manage or operate such project, that the\\norganization is financially responsible, that the proposed project is\\nfinancially viable and that the project has been determined to be\\nappropriate for the needs of the homeless in the relevant community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45-E", "title" : "Reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45-E", "activeDate" : "2014-09-22", "sequenceNo" : 51, "repealedDate" : null, "fromSection" : "45-E", "toSection" : "45-E", "text" : " § 45-e. Reimbursement. Expenditures made by a social services district\\nfor grants made pursuant to this title shall be reimbursed by the state\\nat the rate of fifty per centum, after first deducting therefrom any\\nfederal funds properly received or to be received on account thereof;\\nprovided, however, that in lieu of local financial participation\\nrequired by this section, the commissioner may permit a social services\\ndistrict to substitute actual or in-kind expenditures incurred by\\neligible applicants in the operation of eligible projects if the\\ncommissioner determines that:\\n (a) local social services district financial participation is\\nunavailable in all or a portion of such expenditures although such\\ndistrict financial participation in the single room occupancy support\\nservices program equals or exceeds such financial participation in the\\nprevious program year; and\\n (b) such eligible projects require financial assistance under this\\ntitle to ensure the financial viability of supportive services programs.\\n Actual or in-kind expenditures made by an eligible applicant receiving\\nassistance pursuant to section forty-five-c of this title shall be\\nreimbursed by the state at the rate of fifty per centum after first\\ndeducting therefrom any federal funds properly received or to be\\nreceived on account thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45-F", "title" : "Administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45-F", "activeDate" : "2014-09-22", "sequenceNo" : 52, "repealedDate" : null, "fromSection" : "45-F", "toSection" : "45-F", "text" : " § 45-f. Administration. 1. The commissioner shall promulgate rules and\\nregulations for the administration of this title. Such rules and\\nregulations shall include but not be limited to provisions concerning\\neligibility of not-for-profit corporations and charitable organizations\\nfor single room occupancy support project assistance, funding criteria\\nand the funding determination process, supervision and evaluation of the\\ncontracting corporations and organizations and any other matters\\nconsistent with the purposes of this title.\\n 2. The social services district, or the commissioner in the case of\\ndirect applications, shall provide for the review, at periodic\\nintervals, of the performance of the not-for-profit corporations and\\ncharitable organizations receiving financial assistance pursuant to this\\ntitle. Such review shall, among other things, be for the purpose of\\nascertaining conformity to contractual provisions, the financial\\nintegrity and efficiency of the organizations and the evaluation of the\\nproject. Contracts entered into pursuant to this title may be terminated\\nby the social services district, or the commissioner in the case of\\ndirect applications, upon a finding of substantial nonperformance or\\nother breach by the corporation or organization of its obligations under\\nits contract.\\n 3. In order to further the purposes of this article, social services\\ndistricts shall, in accordance with regulations promulgated by the\\ndepartment, undertake such efforts as may be necessary and practicable\\nto assist eligible residents to apply for and obtain appropriate\\ngovernmental assistance.\\n 4. The department, subject to the approval of the director of the\\nbudget, may retain up to five percent of the total amount appropriated\\npursuant to this title in any fiscal year for administrative purposes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "45-G", "title" : "Annual report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "45-G", "activeDate" : "2014-09-22", "sequenceNo" : 53, "repealedDate" : null, "fromSection" : "45-G", "toSection" : "45-G", "text" : " § 45-g. Annual report. Beginning October first, nineteen hundred\\neighty-eight, and each year thereafter, the commissioner shall report to\\nthe governor and legislature on the success of the single room occupancy\\nsupport services program in assisting eligible residents to live\\nindependently.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A2-AT4", "title" : "Homelessness Intervention Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 54, "repealedDate" : null, "fromSection" : "48", "toSection" : "52", "text" : " TITLE 4\\n HOMELESSNESS INTERVENTION PROGRAM\\nSection 48. Legislative intent.\\n 49. Definitions.\\n 50. Homelessness intervention contracts.\\n 51. Regulations.\\n 52. Reports.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "48", "title" : "Legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "48", "activeDate" : "2014-09-22", "sequenceNo" : 55, "repealedDate" : null, "fromSection" : "48", "toSection" : "48", "text" : " § 48. Legislative intent. The legislature finds that there are a\\nsignificant number of homeless and at-risk households living in\\ntemporary and unstable conditions which would benefit from the provision\\nof a comprehensive assistance program. The legislature further finds\\nthat the current system of providing services to such households would\\nbe improved by ensuring that a broad range of flexible, individualized\\nassistance is available to stabilize households and to better meet\\ndivergent local needs. The legislature, therefore, finds that state\\nfinancial assistance should be made available for the purpose of\\nproviding supportive services designed to stabilize households by\\nattempting to avoid homelessness and, for those who are currently\\nhomeless, by facilitating the transition form homelessness to permanent\\nhousing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "49", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "49", "activeDate" : "2014-09-22", "sequenceNo" : 56, "repealedDate" : null, "fromSection" : "49", "toSection" : "49", "text" : " § 49. Definitions. For the purposes of this title, the following terms\\nshall have the following meanings:\\n 1. \"Homeless\" shall mean an undomiciled household which is unable to\\nsecure permanent and habitable housing without special assistance, as\\ndetermined by the commissioner, including but not limited to households\\ntemporarily residing in emergency shelters, transitional facilities,\\nhotels/motels, or substandard conditions.\\n 2. \"Household\" shall mean a single individual or family, including\\ncouples without dependent children who, or which, are eligible to\\nreceive public assistance.\\n 3. \"Eligible applicant\" shall mean local social services districts or\\nnot-for-profit corporations serving homeless and at-risk households.\\n 4. \"At-risk\" shall mean a household threatened with homelessness and\\nthose with a history of frequent moves.\\n 5. \"Homelessness intervention services\" shall mean services which are\\ndesigned to stabilize at-risk and homeless households by avoiding\\nhomelessness or assisting households to secure permanent and habitable\\nhousing. Such services may include, but need not be limited to the\\nfollowing:\\n (a) services to resolve conflicts between landlords and tenants and to\\nfacilitate fair and workable solutions;\\n (b) legal services to households threatened with the loss of their\\nhomes through eviction, harassment or other means;\\n (c) tenant activities to educate households in the areas of tenant\\nrights and responsibilities, and to organize tenants to remedy housing\\nproblems such as code violations, landlord abandonment and harassment;\\n (d) benefits/entitlements advocacy to ensure that households are\\nreceiving all federal, state and local benefits to which they are\\nentitled, such as temporary assistance to needy families, safety net\\nassistance, food stamps, supplemental security income, rent security\\ndeposits, furniture and household moving expenses;\\n (e) relocation assistance which provides for the identification of and\\nreferral to permanent and habitable housing, transportation services,\\nlandlord/tenant lease negotiation services and assistance in\\nestablishing utility services; and\\n (f) the provision of or referral to support services designed to\\nstabilize households in permanent and habitable housing including\\nservices related to substance abuse, domestic violence, housekeeping,\\nbudgeting, education, day care, employment, parenting, mental health,\\nphysical health, and such other services deemed necessary by the office\\nof temporary and disability assistance. Service provided to homeless\\nhouseholds pursuant to this paragraph must be provided for a period of\\nat least six months beginning the first day of the month following the\\nmonth in which such household secured permanent housing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "50", "title" : "Homeless intervention contracts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "50", "activeDate" : "2014-09-22", "sequenceNo" : 57, "repealedDate" : null, "fromSection" : "50", "toSection" : "50", "text" : " § 50. Homeless intervention contracts. 1. The commissioner shall,\\nwithin the amounts appropriated therefor, select through a competitive\\nrequest-for-proposal process, local social services districts and\\nnot-for-profit corporations serving homeless and at-risk households to\\nprovide homelessness intervention services to homeless and at-risk\\nhouseholds. In order to ensure that contracts are awarded and services\\nprovided in geographic areas of the state to homeless and at risk\\nhouseholds in greatest need, and to maximize the effect of state funds,\\nthe commissioner shall, prior to entering into a contract with an\\neligible applicant pursuant to this section, consider the extent to\\nwhich existing homelessness intervention services are available in the\\nlocal social services district and the extent to which these services\\nshould be expanded.\\n 2. The commissioner shall require eligible applicants to submit\\noperating plans in order to receive funding pursuant to this article.\\nSuch plans shall include:\\n (a) a description of the homeless intervention services to be\\nprovided, including procedures for intake, referral, outreach, the\\nprovision of services, follow-up and anticipated outcomes;\\n (b) the specific population that will be served and how the services\\nprovided will address the population's special needs;\\n (c) a description of the manner in which coordination with other\\nfederal, state, local and privately funded services will be achieved;\\nand\\n (d) a description of how the services will be designed to assist\\nhouseholds transition from a reliance on outside interventions and move\\ntoward housing stability and economic self reliance.\\n 3. Prior to entering into a contract pursuant to this section, the\\ncommissioner shall determine that the eligible applicant is a bona fide\\norganization which shall have demonstrated by its past and current\\nactivities that it has the ability to provide such services, that the\\norganization is financially responsible and that the operating plan is\\nappropriate for the needs of households to be served.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "51", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "51", "activeDate" : "2014-09-22", "sequenceNo" : 58, "repealedDate" : null, "fromSection" : "51", "toSection" : "51", "text" : " § 51. Regulations. The office of temporary and disability assistance\\nshall, in consultation with other agencies deemed appropriate by the\\ncommissioner, promulgate such rules and regulations as are necessary to\\ncarry out the provisions of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "52", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "52", "activeDate" : "2014-09-22", "sequenceNo" : 59, "repealedDate" : null, "fromSection" : "52", "toSection" : "52", "text" : " § 52. Reports. On or before February first, nineteen hundred\\neighty-nine and on or before February first of each year thereafter in\\nwhich contracts under this article are in force, the commissioner shall\\nsubmit to the governor, the temporary president of the senate and the\\nspeaker of the assembly a report detailing progress and evaluating\\nresults, to date, of the program. Such report shall include, but not be\\nlimited to a review of the basis for selection of eligible applicants;\\nthe number of persons served; a review of the efforts made to prevent\\nhomelessness and to provide permanent housing for homeless households,\\nincluding a list of the number of persons and families, by project, who\\nreceived services; an identification of the estimated savings and costs\\nof the program to the state and localities; and an evaluation of\\ncontinuing needs for homelessness intervention services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3", "title" : "Local Public Welfare Organization; Powers and Duties", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 60, "repealedDate" : null, "fromSection" : "56", "toSection" : "116", "text" : " ARTICLE 3\\n LOCAL PUBLIC WELFARE ORGANIZATION; POWERS AND DUTIES\\nTitle 1. Application (Secs. 56-58).\\n 2. Public welfare districts and their responsibility for public\\n assistance and care (Secs. 61-64).\\n 3. County public welfare districts (Secs. 65-73).\\n 3-A. Integration of local public welfare administration (Secs.\\n 74-74-i).\\n 4. City public welfare districts (Secs. 77-79).\\n 5. Records, reports, funds and appropriations (Secs. 80-97).\\n 6. Powers to enforce support (Secs. 101-111).\\n 6-A. Establishment of paternity and enforcement of support (Secs.\\n 111-a--111-k).\\n 6-B. Services for enforcement of support provided by the\\n department of social services (Secs. 111-m--111-z).\\n 7. Local personnel training; research and demonstration\\n projects; special state reimbursement. (Secs. 112-115).\\n 7-B. Chief executive officers of local welfare departments:\\n appointment. (Sec. 116).\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T1", "title" : "Application", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 61, "repealedDate" : null, "fromSection" : "56", "toSection" : "58", "text" : " TITLE 1\\n APPLICATION\\nSection 56. City social services districts.\\n 57. Cities in county social services districts.\\n 58. Application.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "56", "title" : "City social services districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "56", "activeDate" : "2014-09-22", "sequenceNo" : 62, "repealedDate" : null, "fromSection" : "56", "toSection" : "56", "text" : " § 56. City social services districts. The city of New York shall\\nhave all the powers and duties of a social services district insofar as\\nconsistent with the provisions of the special and local laws relating to\\nsuch city. The officers thereof charged with the administration of\\npublic assistance and care shall have additional powers and duties of a\\ncommissioner of social services not inconsistent with the laws relating\\nto said city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "57", "title" : "Cities in county social services districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "57", "activeDate" : "2014-09-22", "sequenceNo" : 63, "repealedDate" : null, "fromSection" : "57", "toSection" : "57", "text" : " § 57. Cities in county social services districts. Each city, other\\nthan the city of New York, shall form part of the county social services\\ndistrict of the county in which it is situated and shall not assume any\\npowers and responsibilities for the administration or expense of public\\nassistance and care, in addition to those specified in subdivision two\\nof section sixty-nine, except pursuant to the provisions of sections\\nseventy-four and seventy-four-a of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "58", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "58", "activeDate" : "2014-09-22", "sequenceNo" : 64, "repealedDate" : null, "fromSection" : "58", "toSection" : "58", "text" : " § 58. Application. Nothing in this chapter shall be deemed to take\\naway the jurisdiction or any power or duty of the family court, the\\ndepartment, the state department of education or the state department of\\nhealth.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T2", "title" : "Public Welfare Districts and Their Responsibility For Public Assistance and Care", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 65, "repealedDate" : null, "fromSection" : "61", "toSection" : "64", "text" : " TITLE 2\\n PUBLIC WELFARE DISTRICTS AND THEIR RESPONSIBILITY FOR PUBLIC\\n ASSISTANCE AND CARE\\nSection 61. Social services districts.\\n 62. Responsibility for public assistance and care.\\n 64. Separation of social services from eligibility and\\n assistance payments functions.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "61", "title" : "Social services districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "61", "activeDate" : "2014-09-22", "sequenceNo" : 66, "repealedDate" : null, "fromSection" : "61", "toSection" : "61", "text" : " § 61. Social services districts. For the purpose of administration\\nof public assistance and care the state shall be divided into county and\\ncity social services districts as follows:\\n 1. The city of New York is hereby constituted a city social services\\ndistrict.\\n 2. Each of the counties of the state not included in subdivision one\\nof this section is hereby constituted a county social services district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "62", "title" : "Responsibility for public assistance and care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "62", "activeDate" : "2022-07-29", "sequenceNo" : 67, "repealedDate" : null, "fromSection" : "62", "toSection" : "62", "text" : " § 62. Responsibility for public assistance and care. 1. Subject to\\nreimbursement in the cases hereinafter provided for, each public welfare\\ndistrict shall be responsible for the assistance and care of any person\\nwho resides or is found in its territory and who is in need of public\\nassistance and care which he is unable to provide for himself.\\n 5. This section is subject to the following exceptions:\\n (a) Notwithstanding any other provisions of this chapter, in the event\\na recipient removes from one to another social services district in the\\nstate, a social services official administering safety net assistance or\\nfamily assistance to such recipient shall continue such assistance for\\nsuch recipient for a period ending on the last day of the calendar month\\nnext succeeding the calendar month in which such removal occurred,\\nprovided such recipient is otherwise eligible for such assistance and\\nhas not become a recipient of public assistance in the district to which\\nhe or she has removed.\\n (a-1) Notwithstanding any other provisions of this chapter, in the\\nevent a recipient removes from one to another social services district\\nin the state, a social services official administering medical\\nassistance to such recipient shall continue such assistance for a period\\nending on the last day of the calendar month next succeeding the\\ncalendar month in which such removal is reported by the recipient to the\\nsocial services district, provided that the recipient: has informed the\\ndistrict of his or her new address and any material changes in\\ncircumstances affecting medical assistance eligibility; is otherwise\\neligible for medical assistance; and has not become a recipient of\\nmedical assistance in the district to which he or she has removed. After\\nthe last day of the calendar month next succeeding the calendar month in\\nwhich such removal is reported, the recipient shall be eligible without\\nfurther application for medical assistance administered by the social\\nservices district to which the recipient has removed. Continued\\nprovision of medical assistance under this paragraph is dependent on the\\nrecipient meeting all applicable requirements of titles eleven and\\neleven-D of article five of this chapter. This paragraph shall not apply\\nto a recipient who is institutionalized in a medical facility and who\\nremoves from one social services district to another district in the\\nstate.\\n (b) If a public welfare district, town or city provides care for a\\nperson in a family home, boarding home, nursing home, convalescent home,\\nhospital or institution outside of its territory and pays for such care\\ndirectly or through a grant made to the recipient, the public welfare\\ndistrict, town or city making such provision shall continue to be\\nresponsible for payment for such care as long as the recipient is in\\nneed thereof. In the event any other type of public assistance and care\\nis needed by a person receiving such care, it shall be furnished and\\npaid for by the public welfare district, town or city which would be\\nresponsible for such required assistance and care if such person had\\nremained in the territory of the district, town or city making such\\nprovision; the public welfare district, town or city making such\\nprovision shall likewise be responsible for the care, removal and burial\\nof the body of any such person who shall die, and the expense thereof.\\n The public welfare district, town or city which, pursuant to the\\nprovisions of this paragraph, is providing public assistance and care\\nfor the mother of an infant, on the date of birth of such infant, shall\\nbe responsible for providing public assistance or care required by such\\ninfant on and after the date of his birth; and such public welfare\\ndistrict, town or city shall be deemed to have made provision for the\\ncare of such infant outside of its territory.\\n When a child who has been cared for away from his own home by or on\\nbehalf of a public welfare district, pursuant to title two of article\\nsix or other provisions of this chapter, the family court act of the\\nstate of New York, or other provisions of law, is discharged, pursuant\\nto law, to his parents or parent, brother, sister, uncle, aunt or legal\\nguardian, who are or is then residing outside the territory of such\\npublic welfare district, such discharge shall terminate the\\nresponsibility of such public welfare district to furnish public\\nassistance and care for such child pursuant to this paragraph; and upon\\nsuch discharge it shall become the responsibility of the public welfare\\ndistrict wherein such child is thereafter to reside with his relative or\\nlegal guardian to provide necessary public assistance and care for him\\nas in the case of any other child residing therein.\\n The provisions of this paragraph shall not be deemed to authorize or\\nempower towns or cities of a county public welfare district to exercise\\nresponsibilities with relation to public assistance and care\\ninconsistent with the responsibilities imposed or conferred on them by\\nother provisions of this chapter.\\n (c) When a person with a mental illness or developmental disability is\\nin need of public assistance or care while on convalescent status or\\ncommunity status from a state hospital or institution under the\\nprovisions of section 29.15 of the mental hygiene law, the public\\nwelfare district, town or city from which he was admitted to such\\nhospital or institution shall be responsible for providing and paying\\nfor such assistance or care as in the case of other persons requiring\\npublic assistance and care, except that such responsibility shall\\ncontinue during any period such person is on convalescent status or\\ncommunity status outside the territory of such public welfare district,\\ntown or city and shall continue thereafter in accordance with the\\nprovisions of this paragraph and paragraph (b) of this subdivision if\\nsuch person was receiving or should have been receiving public\\nassistance or care from such public welfare district, town or city\\noutside its territory at the time he was discharged from such\\nconvalescent status or community status.\\n (d) When a person, either upon admission to a hospital, nursing home,\\nintermediate care facility, adult home, enriched housing program or\\nresidence for adults located in a social services district other than\\nthe district in which he was then residing, or while in such hospital,\\nnursing home, intermediate care facility, adult home, enriched housing\\nprogram or residence for adults, is or becomes in need of medical\\nassistance, the social services district from which he was admitted to\\nsuch hospital, nursing home, intermediate care facility, adult home,\\nenriched housing program or residence for adults shall be responsible\\nfor providing such medical assistance for so long as such person is\\neligible therefor. If while such person is receiving care in such\\nhospital, nursing home, intermediate care facility, adult home, enriched\\nhousing program or residence for adults or when discharged therefrom, is\\nin need of any other type of public assistance or care, the social\\nservices district, town or city from which the person was admitted to\\nsuch hospital, nursing home, intermediate care facility, adult home,\\nenriched housing program or residence for adults shall be responsible\\nfor providing and paying for such public assistance or care as in the\\ncase of other persons requiring public assistance and care in its\\nterritory, and such responsibility shall continue thereafter in\\naccordance with the provisions of this paragraph and paragraph (b) of\\nthis subdivision if such person was receiving or should have been\\nreceiving public assistance or care from such social services district,\\ntown or city; such social services district, town or city shall likewise\\nbe responsible for the care, removal or burial of the body of any such\\nperson who shall die, and for the expense thereof. The provisions of\\nthis paragraph shall likewise be applicable to the care of an eligible\\nperson who, while temporarily absent from the social services district\\nin which he then resided, was admitted to a hospital or nursing home in\\nanother social services district prior to the effective date hereof.\\n (e) A public welfare district which provides medical assistance for\\nneedy persons pursuant to the provisions of title eleven of article five\\nof this chapter, shall not charge back any part of the cost of such\\nassistance to another public welfare district.\\n (f) (1) The social services district in which a victim of domestic\\nviolence, as defined in article six-A of this chapter, was residing at\\nthe time of the alleged domestic violence shall be responsible, in\\naccordance with section one hundred thirty-one-u of this chapter, for\\nthe cost of emergency shelter and care provided to such victim and his\\nor her minor children at a residential program for victims of domestic\\nviolence, as defined in article six-A of this chapter, whether or not\\nsuch program is located in the social services district or in another\\nsocial services district if such victim:\\n a. was receiving public assistance at the time of entry to the program\\nor\\n b. applies for public assistance and care during the time the victim\\nwas residing in such program.\\n (2) The social services district to which such application is\\nsubmitted shall forward the completed application to the district in\\nwhich the victim resided at the time of the alleged domestic violence.\\n (3) Responsibility for the cost of shelter and care pursuant to this\\nparagraph shall be limited to the period during which the victim and his\\nor her children, if any, reside in such program. Responsibility for\\npublic assistance and care for any period after termination of such\\nresidency shall be determined pursuant to other provisions of this\\nsection.\\n (g) (1) When a person applies for medical parole, and is in need of\\npublic assistance, including medical assistance, the department of\\ncorrections and community supervision shall cause an application for\\nsuch assistance to be forwarded to the department of social services.\\n (2) Upon receipt of an application for public assistance, including\\nmedical assistance, forwarded by the department of corrections and\\ncommunity supervision for persons meeting the conditions of medical\\nparole, financial eligibility for such assistance and care shall be\\ndetermined by the New York state department of social services prior to\\nthe person's parole.\\n (3) Determination of continuing eligibility for public assistance,\\nincluding medical assistance, and care will be the responsibility of the\\nsocial services district into which such person is released.\\n (4) Any inconsistent provision of this chapter or other law\\nnotwithstanding, when a person is released on medical parole pursuant to\\nsection two hundred fifty-nine-r or two hundred fifty-nine-s of the\\nexecutive law and is in need of public assistance, including medical\\nassistance, the social services district in which such person was\\nconvicted and from which he or she was committed to the custody of the\\ndepartment of corrections and community supervision shall be responsible\\nfor the administrative costs of the initial and any subsequent\\neligibility determination and the costs of any public assistance,\\nincluding medical assistance, following such persons release on medical\\nparole for so long as such person is eligible therefor.\\n 6. Homeless children. (a) Notwithstanding any other provision of law\\nto the contrary, the social services district which provides assistance\\nor services to a homeless child in temporary housing located outside the\\nschool district of origin shall notify the commissioner of education,\\nthe school district of origin and the school district designated by the\\nchild, parent or person in parental relation pursuant to subdivision two\\nof section thirty-two hundred nine of the education law within five days\\nof such designation as the school district which such child shall attend\\nupon instruction. Such notice shall include the name of the child, the\\nname of the parent or person in parental relation to the child, if any,\\nthe name and location of the temporary housing arrangement, the name of\\nthe school district of origin and any other information required by the\\ncommissioner of education.\\n (b) For the purposes of this subdivision the terms \"homeless child\",\\nand \"school district of origin\" shall be as defined in section\\nthirty-two hundred nine of the education law.\\n (c) A social services district shall provide for the transportation of\\neach homeless child who is eligible for benefits pursuant to section\\nthree hundred fifty-j of this chapter to and from a temporary housing\\nlocation in which the child was placed by the social services district\\nand the school attended by such child pursuant to section thirty-two\\nhundred nine of the education law, if such temporary housing facility is\\nlocated outside of the designated school district pursuant to paragraph\\na of subdivision two of section thirty-two hundred nine of the education\\nlaw. A social services district shall be authorized to contract with a\\nboard of education or a board of cooperative educational services for\\nthe provision of such transportation. This paragraph shall apply to\\nplacements made by a social services district without regard to whether\\na payment is made by the district to the operator of the temporary\\nhousing facility.\\n 7. The provisions of subdivision five of this section shall not apply\\nwith respect to the medical assistance eligibility of persons described\\nin subparagraph two of paragraph (a) of subdivision one of section three\\nhundred sixty-six of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "64", "title" : "Separation of social services from eligibility and assistance payments functions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "64", "activeDate" : "2014-09-22", "sequenceNo" : 68, "repealedDate" : null, "fromSection" : "64", "toSection" : "64", "text" : " § 64. Separation of social services from eligibility and assistance\\npayments functions. Notwithstanding any provision of law, rule or\\nregulation every social services district shall be organized to effect a\\nseparation of social services from eligibility and assistance payments\\nfunctions as follows:\\n 1. The commissioner shall issue within ten days of the effective date\\nhereof, guidelines to the social services districts of the state\\noutlining the principles and purposes to be attained in the separation\\nof social services from the functions of eligibility and assistance\\npayments, and defining the content of services which may be included\\nunder the term \"social services\" and of the functions associated with\\neligibility and assistance payments.\\n 2. Each social services district shall submit to the commissioner by\\nJuly first, nineteen hundred seventy-one, its own plan for separation,\\ntogether with its timetable for implementation of the plan.\\n 3. Upon finding that the plan conforms to the applicable minimum\\nfederal requirements, the commissioner shall approve such plan.\\n 4. Each social services district shall submit to the commissioner, in\\naccordance with applicable federal law and regulations, modifications of\\nits approved plan for separation of social services from eligibility and\\nassistance payments functions. Each social services district shall\\nprepare, in accordance with applicable federal law and regulations, for\\nthe effective operation of such approved plan as so modified.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T3", "title" : "County Public Welfare Districts", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 69, "repealedDate" : null, "fromSection" : "65", "toSection" : "73", "text" : " TITLE 3\\n COUNTY PUBLIC WELFARE DISTRICTS\\nSection 65. County commissioners of public welfare.\\n 66. County appointments and bonds.\\n 67. Town public welfare officers; appointment of staff.\\n 69. Responsibility for public assistance and care in a county\\n social services district.\\n 71. Commitments.\\n 72. Power of the board of supervisors to assume responsibility\\n for assistance and care.\\n 73. Power of the board of supervisors to change the\\n administrative system of the county social services\\n district.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "65", "title" : "County commissioners of public welfare", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-23" ], "docLevelId" : "65", "activeDate" : "2022-12-23", "sequenceNo" : 70, "repealedDate" : null, "fromSection" : "65", "toSection" : "65", "text" : " § 65. County commissioners of public welfare. 1. There shall be a\\ncounty commissioner of public welfare in each county public welfare\\ndistrict who shall administer the public assistance and care for which\\nthe county public welfare district is responsible and shall have general\\nsupervision and care of persons in need in the territory over which he\\nhas jurisdiction.\\n 2. The county commissioner shall be responsible for the administration\\nof all the assistance and care for which the county is responsible.\\n 3. The county commissioner shall act as the agent of the department in\\nall matters relating to assistance and care administered or authorized\\nby the town public welfare officers.\\n 4. The county commissioner shall be appointed in accordance with the\\nprovisions of section one hundred sixteen of this chapter or other\\nprovisions of law relating to the appointment of such commissioner.\\n 6. (a) A county commissioner is authorized and required to provide\\nsafety net assistance for persons residing or found in a city or town of\\nthe county when in his judgment they are eligible for and in immediate\\nneed of such assistance and either: the city or town public welfare\\nofficer, as the case may be, is absent from his city or town under\\ncircumstances indicating his absence may extend beyond two days and such\\nofficer has no deputy or assistant authorized to grant such assistance\\nor his or her deputy or assistant is also absent from such city or town\\nunder circumstances indicating his or her absence may also be for a\\nperiod of more than two days; or, such county commissioner shall have\\nappealed to the department, pursuant to section seventy-four-h, the\\ndecision of the social services official of such city or town not to\\ngrant the safety net assistance recommended by such commissioner after\\nhis or her staff shall have investigated the application for assistance\\npursuant to the provisions of section one hundred thirty-two. Such\\ncounty commissioner may continue to grant safety net assistance in the\\nformer case until the city or town public welfare officer or his or her\\ndeputy or assistant returns to such city or town, and in the latter case\\nuntil the department shall have decided the appeal of the county\\ncommissioner.\\n (b) Expenditures of a county for safety net assistance pursuant to\\nthis section may be made from county social services funds appropriated\\nor otherwise made available therefor and shall be subject to\\nreimbursement by the state in accordance with and to the extent\\nauthorized by section one hundred fifty-three; and the local share of\\nsuch expenditures shall become a charge on, and shall be reimbursed to\\nthe county by the city or town which was otherwise responsible for\\nfurnishing the safety net assistance for which the expenditure was made,\\nprovided the county commissioner shall give appropriate written notice\\nthereof to the appropriate city or town public welfare officer within\\nthirty days of the date the expenditure was made by the county and\\nprovided further that in the case of an appeal to the department that\\nsuch appeal shall be decided in favor of the county.\\n 7. (a) In the event of a vacancy in the office of county commissioner\\nof social services the appointing authority may, subject to the\\nprovisions of paragraph (b) of this subdivision, appoint as acting\\ncommissioner of social services any employee of the county social\\nservices agency. Such appointment shall be for no longer than one year.\\n (b) Prior to filling a vacancy in the office of county commissioner of\\nsocial services the appointing authority shall certify to the state\\ncommissioner of social services: (i) that there is an unavailability of\\nqualified candidates; (ii) that the district is making continued efforts\\nto recruit qualified candidates; (iii) that the appointment shall be\\neffective only until a qualified person becomes available; and (iv) that\\na waiver by the appointing authority of any specific qualification\\nrequired by section one hundred sixteen of this chapter shall not be\\neffective without the consent of the state commissioner of social\\nservices.\\n (c) The acting commissioner may be paid compensation in addition to\\nhis normal salary during the period of time that he serves as acting\\ncommissioner.\\n (d) The acting commissioner shall have the same power as a\\ncommissioner during the period of time that he serves as acting\\ncommissioner.\\n (e) Service as an acting commissioner shall in no way affect the\\npermanent civil service status, or any other employment rights of the\\nappointee.\\n 8. Notwithstanding any other law, rule, or regulation to the contrary,\\neach county commissioner of social services is hereby authorized and\\ndirected to ensure that their social services district allows\\nindividuals submitting an application or other paperwork relating to\\npublic assistance and care to do so electronically.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "66", "title" : "County appointments and bonds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "66", "activeDate" : "2014-09-22", "sequenceNo" : 71, "repealedDate" : null, "fromSection" : "66", "toSection" : "66", "text" : " § 66. County appointments and bonds. 1. The legislative body of the\\ncounty may authorize the appointment of any number of deputy\\ncommissioners of social services, physicians to care for sick persons in\\ntheir homes, other assistants and employees, including attorneys to\\nperform duties it considers necessary to carry out the provisions of\\nthis chapter. However, such legislative body may also authorize that\\nsuch attorneys, in addition to performing the duties assigned to them by\\nthe county commissioner, may be deputized by the county attorney to\\nperform duties on his behalf in connection with the work of the social\\nservices department.\\n 2. The county commissioner shall appoint deputy commissioners,\\nphysicians, assistants and employees so authorized and direct their\\nwork.\\n 3. Each county commissioner and deputy commissioner shall be required\\nto give bond before entering upon his duties. The board of supervisors\\nshall fix the amount of such bond and may require and fix the amount of\\nbond to be given by any other assistant or employee whose appointment is\\nauthorized. The expense of any bond required in connection with the\\nwork of a county public welfare official or employee shall be paid from\\ncounty public welfare funds.\\n 4. In accordance with federal and state regulations each county\\nsocial services commissioner shall appoint a citizens advisory committee\\nor committees to exercise and perform such functions, powers, and duties\\nas the regulations of the department may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "67", "title" : "Town public welfare officers; appointment of staff", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "67", "activeDate" : "2014-09-22", "sequenceNo" : 72, "repealedDate" : null, "fromSection" : "67", "toSection" : "67", "text" : " § 67. Town public welfare officers; appointment of staff. 1. The\\ntown board of each town responsible for the expense of providing safety\\nnet assistance for persons residing or found in such town shall appoint\\na social services official or authorize a supervisor of the town to act\\nas such official. It may in its discretion appoint an assistant town\\nsocial services official and other employees to assist the town social\\nservices official in carrying out his or her duties. The town social\\nservices official, his or her assistant and other employees shall hold\\noffice during the pleasure of the town board. The town board shall fix\\nthe salary to be paid a town social services official, his or her\\nassistant or other employees or fix the amount per hour to be paid them\\nwhen they are performing any duty connected with their office.\\n 2. The town public welfare officer shall be responsible for the\\nauthorization of the assistance and care for which the town is\\nresponsible and shall assist the county commissioner in the\\nadministration of assistance and care to persons residing or found in\\nhis town for whose care the county public welfare district is\\nresponsible. Except as otherwise agreed and arranged by and between the\\ncounty commissioner and the town public welfare officer, the town public\\nwelfare officer shall receive all applications for public assistance and\\ncare made in his town by residents of such town, and he shall forward\\neach such application to the county commissioner immediately after the\\nreceipt of the same. He shall have all the powers and perform all the\\nduties of a public welfare official applicable to the work hereby\\nassigned.\\n 3. In case of emergency and until it is possible for the county\\ncommissioner either to take charge of the case or to make a complete\\ninvestigation, the town public welfare officer may grant such temporary\\nassistance and care as may be necessary. All such grants made by the\\ntown public welfare officer shall be made in accordance with the rules\\nand regulations of the department and the regulations established by the\\ncounty commissioner of public welfare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "69", "title" : "Responsibility for public assistance and care in a county social services district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "69", "activeDate" : "2014-09-22", "sequenceNo" : 73, "repealedDate" : null, "fromSection" : "69", "toSection" : "69", "text" : " § 69. Responsibility for public assistance and care in a county social\\nservices district. The responsibility for the administration of public\\nassistance and care in a county social services district and the expense\\nthereof may either be borne by the county social services district or\\nbe divided between such district and the towns and cities therein as\\nhereinafter provided.\\n 1. Unless otherwise determined by the board of supervisors as\\nhereinafter provided, each town shall be responsible for the expense of\\nproviding safety net assistance for persons residing or found in such\\ntown.\\n 2. Unless otherwise determined by the board of supervisors as\\nhereinafter provided, a city forming a part of a county social services\\ndistrict shall be responsible for the expense of providing safety net\\nassistance for any person residing or found in its territory.\\n 3. A county social services district shall be responsible for the\\nexpense of providing all assistance and care for persons residing or\\nfound in a town or city in its territory for which such town or city is\\nnot responsible under the provisions of subdivisions one and two of this\\nsection. The expense of such assistance and care granted by a county\\nsocial services district shall be subject to reimbursement by the state\\nin the cases provided for by section sixty-two or by any other provision\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "71", "title" : "Commitments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "71", "activeDate" : "2014-09-22", "sequenceNo" : 74, "repealedDate" : null, "fromSection" : "71", "toSection" : "71", "text" : " § 71. Commitments. Commitments to a county home may be made by such\\ntown and city public welfare officers as are authorized by the county\\ncommissioner. All other commitments to hospitals or other institutions\\nat the expense of the county public welfare district shall be made by\\nthe county commissioner, or by such other official as may be authorized\\npursuant to the provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "72", "title" : "Power of the board of supervisors to assume responsibility for assistance and care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "72", "activeDate" : "2014-09-22", "sequenceNo" : 75, "repealedDate" : null, "fromSection" : "72", "toSection" : "72", "text" : " § 72. Power of the board of supervisors to assume responsibility for\\nassistance and care. 1. The board of supervisors of the county may, by\\nresolution adopted by a majority vote, direct that the cost of all or\\nany part of the assistance and care for which the towns and cities are\\nmade responsible under the provisions of subdivisions one and two of\\nsection sixty-nine shall be a charge on the county social services\\ndistrict and administered under the direction of the county\\ncommissioner.\\n 2. Copies of any such resolution shall be sent to each town clerk and\\nto the mayor and clerk of each city in the county social services\\ndistrict within ten days after the adoption of the resolution. However,\\nno resolution adopted by the board of supervisors pursuant to\\nsubdivision one of this section shall take effect in a city in the\\ncounty social services district until confirmed by the legislative body\\nof the city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "73", "title" : "Power of the board of supervisors to change the administrative system of the county social services district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "73", "activeDate" : "2014-09-22", "sequenceNo" : 76, "repealedDate" : null, "fromSection" : "73", "toSection" : "73", "text" : " § 73. Power of the board of supervisors to change the administrative\\nsystem of the county social services district. When pursuant to section\\nseventy-two, the board of supervisors has adopted a resolution directing\\nthat the cost of all public assistance and care shall be a charge on the\\ncounty social services district:\\n 1. The county social services district shall, after the date fixed by\\nsuch resolution, be responsible for administration of public assistance\\nand care in all of the towns of its district and thereafter all\\nprovisions of this chapter as to the powers and duties of towns and of\\ntown social services officers shall be inoperative in such county social\\nservices district. The appointment of all town social services officers\\nand employees shall terminate on the date when such resolution takes\\neffect.\\n 2. (a) Such resolution shall not take effect in a city in a county\\nsocial services district unless it is confirmed by act of the\\nlegislative body of the city in accordance with the provisions of this\\nparagraph. The legislative body of such a city may confirm the\\nresolution of the board of supervisors (1) on or before the first day of\\nOctober in the year in which such resolution was adopted by the board of\\nsupervisors, and make such confirmation effective on the first day of\\nJanuary next succeding such confirmation, provided the resolution of the\\nboard of supervisors takes effect in the towns of the county on or\\nbefore such first day of January, or (2) at any other time or date, and\\nmake such confirmation effective on any date not earlier than the date\\nthe resolution of the board of supervisors takes effect in the towns of\\nthe county, provided the board of supervisors shall by resolution\\nspecifically approve such confirmation.\\n (b) On the day after a city confirms a resolution of the board of\\nsupervisors pursuant to paragraph (a), the mayor or the city clerk shall\\nsend a written notice of such confirmation to the clerk of the board of\\nsupervisors of the county. He shall also send a copy of such notice to\\nthe county commissioner of social services and the county commissioner\\nshall thereupon notify the department.\\n (c) If a city in the county social services district shall confirm\\nthe resolution of the board of supervisors in accordance with the\\nprovisions of paragraph (a), the county social services district shall,\\non and after the effective date of such confirmation be responsible for\\nadministration of public assistance and care in such city, and\\nthereafter all provisions of this chapter as to the powers and duties of\\na city in a county social services district and of city social services\\nofficers shall be inoperative in such city.\\n (d) Unless and until a city in the county social services district\\nshall confirm the resolution of the board of supervisors in accordance\\nwith the provisions of paragraph (a), the responsibility of such city\\nfor assistance and care in its territory shall not be affected by such\\nresolution, and the city shall be governed by the provisions of this\\nchapter and other laws relating to cities which form part of a county\\nsocial services district and to city social services officers; and the\\ncity shall continue to be responsible for the cost of public assistance\\nand care under the provisions of subdivision two of section sixty-nine,\\nexcept as otherwise provided in title three-a of this article. The cost\\nof any assistance and care given to local charges residing or found in\\nsuch city, paid by the county social services district under the\\nprovisions of subdivision three of section sixty-nine, shall be a charge\\non the county social services district.\\n 3. The board of supervisors shall make such additional appropriations\\nand authorize the appointment of such number of deputy commissioners,\\nother assistants and employees as it may deem necessary to provide\\nadequate administration of the public assistance and care for which the\\ncounty social services district is made responsible under the provisions\\nof this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T3-A", "title" : "Integration of Local Public Welfare Administration", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3-A", "activeDate" : "2014-09-22", "sequenceNo" : 77, "repealedDate" : null, "fromSection" : "74", "toSection" : "74-I", "text" : " TITLE 3-A\\n INTEGRATION OF LOCAL PUBLIC WELFARE ADMINISTRATION\\nSection 74. Administration of assistance by or on behalf of certain\\n cities.\\n 74-a. Administration of assistance by county for city;\\n reimbursements and advances; cost to county to be raised\\n by tax on taxable property of city and to be included in\\n county tax levy.\\n 74-h. Appeals and reviews.\\n 74-i. Transfer of personnel; county, city and town.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "74", "title" : "Administration of assistance by or on behalf of certain cities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "74", "activeDate" : "2014-09-22", "sequenceNo" : 78, "repealedDate" : null, "fromSection" : "74", "toSection" : "74", "text" : " § 74. Administration of assistance by or on behalf of certain cities.\\n1. Each city, other than the city of New York, which is responsible for\\none or more types of public assistance and care on the date this section\\nbecomes effective shall function under section seventy-four-a of this\\nchapter.\\n 2. Any city subject to the provisions of subdivision one of this\\nsection may confirm and make effective therein, pursuant to subdivision\\ntwo of section seventy-three of this chapter, a resolution of the county\\nlegislative body adopted pursuant to section seventy-two of this chapter\\ndirecting that the cost of all public assistance and care shall be a\\ncharge on the county social services district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "74-A", "title" : "Administration of assistance by county for city; reimbursements and advances; cost to county to be raised by tax on taxable property of c...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "74-A", "activeDate" : "2014-09-22", "sequenceNo" : 79, "repealedDate" : null, "fromSection" : "74-A", "toSection" : "74-A", "text" : " § 74-a. Administration of assistance by county for city;\\nreimbursements and advances; cost to county to be raised by tax on\\ntaxable property of city and to be included in county tax levy. 1. The\\ncounty shall administer in and for the city the public assistance and\\ncare for the administration of which the city is responsible and shall\\nbe entitled to all reimbursements and advances against reimbursements on\\naccount of the assistance and care so administered to which the city\\nwould otherwise be entitled and which would otherwise be payable to the\\ncity in accordance with the provisions of this chapter.\\n 2. The cost to the county of all assistance and care thus\\nadministered by the county in and for the city shall be a charge against\\nand be levied as a tax upon the taxable property of the city and the\\namount to be so raised by tax shall be included by the county in its\\nnext ensuing tax levy.\\n 3. This section is applicable only to those cities described in\\nsubdivision one of section seventy-four of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "74-H", "title" : "Appeals and reviews", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "74-H", "activeDate" : "2014-09-22", "sequenceNo" : 80, "repealedDate" : null, "fromSection" : "74-H", "toSection" : "74-H", "text" : " § 74-h. Appeals and reviews. 1. A social services official\\nresponsible in an individual case for either the authorization of\\nassistance or the investigation of the application for assistance and\\nthe making of a recommendation relative to such application shall have\\nthe right to appeal to the department from a decision made in such case\\nby another social services official.\\n Upon receiving such an appeal, the department shall issue a written\\ndetermination which shall be binding on all the social services\\nofficials involved in such appeal.\\n 2. The department on its own motion may review any case for the\\npurpose of determining whether assistance and care has been adequately\\nor properly provided. After making such a review, the department may\\nissue such written determination as it may deem proper, and such\\ndetermination shall be binding on all the social services officials\\nconcerned.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "74-I", "title" : "Transfer of personnel; county, city and town", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "74-I", "activeDate" : "2014-09-22", "sequenceNo" : 81, "repealedDate" : null, "fromSection" : "74-I", "toSection" : "74-I", "text" : " § 74-i. Transfer of personnel; county, city and town. 1. When,\\npursuant to the provisions of this chapter or of any other law, the\\nfunctions, powers and duties exercised by a city or town in the\\nadministration of public assistance and care, are transferred or\\nassigned, in whole or in part, to a county, provision shall be made for\\nthe county to employ so much of the staff employed by such city or town\\nin the administration and execution of the functions, powers and duties\\nso transferred or assigned as may be practicable and necessary.\\nOfficers and employees shall be transferred without further examination\\nor qualification and they shall retain their respective civil service\\nclassification and status provided that, in determining the officers and\\nemployees to be transferred to a county, such officers and employees\\nshall be selected within each grade of each class of positions in the\\norder of their original appointment in the service of the city or town,\\nas the case may be. Officers and employees in the competitive class of\\nthe civil service of the city or town who are not transferred to the\\ncounty shall have their names entered upon appropriate city or town\\npreferred lists, as the case may be, pursuant to section thirty-one of\\nthe civil service law. Temporary and provisional employees may be\\ntransferred and shall, thereafter, be subject to such examinations as\\nare required by law. If the functions transferred are retransferred in\\naccordance with the provisions of this chapter, upon such retransfer,\\nthe officers or employees who were transferred and who are employed by\\nthe county on the date of such retransfer shall likewise be\\nretransferred; and, thereafter, they shall be deemed officers and\\nemployees of the city or town from which they were originally\\ntransferred, and they shall retain their civil service status, rights\\nand privileges.\\n 2. When, pursuant to the provisions of this chapter, the functions,\\npowers and duties exercised by a county in the administration of public\\nassistance and care are transferred or assigned, in whole or in part, to\\na city, or are assumed in part by a city or town which elects, pursuant\\nto this chapter or any other law, to constitute itself a public welfare\\ndistrict, provision shall be made for the city or town to employ so much\\nof the staff employed by such county in the administration and execution\\nof the functions, powers and duties so transferred, assigned or assumed\\nas may be practicable and necessary. Officers and employees shall be\\ntransferred without further examination or qualification and they shall\\nretain their respective civil service classification and status provided\\nthat, in determining the officers and employees to be transferred to the\\ncity or town, such officers and employees shall be selected within each\\ngrade of each class of positions in the order of their original\\nappointment in the service of the county. Officers and employees in the\\ncompetitive class of the civil service of the county who are not\\ntransferred to the city or town shall have their names entered upon\\nappropriate county preferred lists, pursuant to section thirty-one of\\nthe civil service law. Temporary and provisional employees may be\\ntransferred and shall, thereafter, be subject to such examinations as\\nare required by law. If the functions transferred are retransferred in\\naccordance with the provisions of this chapter, upon such retransfer,\\nthe officers and employees who are transferred and who are employed by\\nthe city on the date of such retransfer shall likewise be retransferred;\\nand, thereafter, they shall be deemed officers and employees of the\\ncounty, and they shall retain their civil service status, rights and\\nprivileges.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T4", "title" : "City Public Welfare Districts", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 82, "repealedDate" : null, "fromSection" : "77", "toSection" : "79", "text" : " TITLE 4\\n CITY PUBLIC WELFARE DISTRICTS\\nSection 77. City commissioners of public welfare; appointment of staff.\\n 78. Citizens advisory committees.\\n 79. Plan for the homeless.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "77", "title" : "City commissioners of public welfare; appointment of staff", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "77", "activeDate" : "2014-09-22", "sequenceNo" : 83, "repealedDate" : null, "fromSection" : "77", "toSection" : "77", "text" : " § 77. City commissioners of public welfare; appointment of staff. 1.\\nThere shall be a city commissioner of public welfare in each city public\\nwelfare district, who shall administer the public assistance and care\\nfor which the city public welfare district is responsible.\\n 2. The officer appointed, in accordance with section one hundred\\nsixteen of this chapter, to administer public assistance and care in a\\ncity which is constituted a city public welfare district, shall have the\\npowers and perform the duties of the city commissioner of public\\nwelfare.\\n 3. When the duties of a city commissioner are by the provisions of\\nspecial or local law relating to the city assigned to more than one\\ndepartment of the city government, the administrative officer of each\\nsuch department shall have such of the powers and perform such of the\\nduties of a city commissioner as may be applicable to the work assigned\\nto such department, and all the provisions of this chapter shall be so\\ninterpreted.\\n 4. The city commissioner of public welfare shall appoint deputy\\ncommissioners, assistants and employees authorized by the legislative\\nbody of the city and shall direct their work. When authorized by such\\nlegislative body such city commissioner may appoint attorneys to perform\\nduties other than those assigned to the corporation counsel or city\\nattorney. However, if such city commissioner shall approve and if\\nauthorized by such legislative body, such attorneys may, in addition to\\nperforming the duties assigned to them by such city commissioner, be\\ndeputized by the corporation counsel or city attorney to perform duties\\non his behalf in connection with the work of the welfare department.\\nThe city commissioner shall appoint physicians to visit sick persons in\\ntheir homes when authorized by the legislative body of such city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "78", "title" : "Citizens advisory committees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "78", "activeDate" : "2014-09-22", "sequenceNo" : 84, "repealedDate" : null, "fromSection" : "78", "toSection" : "78", "text" : " § 78. Citizens advisory committees. In accordance with federal and\\nstate regulations, each city social services commissioner shall appoint\\na citizens advisory committee or committees to exercise and perform such\\nfunctions, powers and duties as the regulations of the department may\\nrequire.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "79", "title" : "Plan for the homeless", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "79", "activeDate" : "2014-09-22", "sequenceNo" : 85, "repealedDate" : null, "fromSection" : "79", "toSection" : "79", "text" : " § 79. Plan for the homeless. The mayor of New York city shall submit\\nto the legislature and the governor a copy of the revised and updated\\nfive-year plan for housing the homeless in New York city which is\\nrequired under section 21-121 of the administrative code of the city of\\nNew York, no later than February fourteenth of each year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T5", "title" : "Records, Reports, Funds and Appropriations", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2020-12-18" ], "docLevelId" : "5", "activeDate" : "2020-12-18", "sequenceNo" : 86, "repealedDate" : null, "fromSection" : "80", "toSection" : "97", "text" : " TITLE 5\\n RECORDS, REPORTS, FUNDS AND APPROPRIATIONS\\nSection 80. Records.\\n 81. Reports.\\n 82. Accounts.\\n 83. County social services funds.\\n 84. County commissioner's revolving fund.\\n 85. Monthly reports of county commissioner to county\\n treasurer.\\n 86. Town public welfare funds.\\n 86-a. City public welfare funds.\\n 87. Special funds.\\n 88. Responsibility for adequate appropriations.\\n 89. Estimates in county public welfare districts.\\n 90. Appropriations in county public welfare districts.\\n 90-a. Taxes for county public welfare districts.\\n 91. Estimates and appropriations in city public welfare\\n districts.\\n 92. Deficiency appropriations.\\n 93. Provisions for financing home relief.\\n 94. Federal donated commodities.\\n 95. Supplemental nutrition assistance program (SNAP).\\n 95-a. State supplemental nutrition assistance program outreach\\n program.\\n 96. Use of subprofessional staff.\\n 97. Low-income home energy assistance program.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "80", "title" : "Records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "80", "activeDate" : "2014-09-22", "sequenceNo" : 87, "repealedDate" : null, "fromSection" : "80", "toSection" : "80", "text" : " § 80. Records. All social services officials shall keep the records\\nrequired by this chapter and the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "81", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "81", "activeDate" : "2014-09-22", "sequenceNo" : 88, "repealedDate" : null, "fromSection" : "81", "toSection" : "81", "text" : " § 81. Reports. 1. The county commissioner shall make: (a) Such\\nreports and furnish such information to the department with respect to\\nthe work of the county social services district as is required by this\\nchapter and the department.\\n (b) An annual report to the board of supervisors concerning the work\\nof the county social services district and additional reports at such\\ntimes and covering such facts as the board of supervisors may require.\\n (c) If any of the cost of assistance and care paid for by the county\\nsocial services district is charged back to the towns and cities\\nthereof, a report to the county treasurer at the end of the fiscal year,\\nstating the per capita maintenance cost per day in the county home and\\nan itemized statement of the amount to be charged each town and city for\\nthe assistance and care given either in the county home or elsewhere to\\npersons residing or found in each town or city and a statement of all\\nexpenditures and receipts in behalf of such persons.\\n (d) Current reports to the city and town social services officers of\\npersons residing in their cities and towns who are in receipt of public\\nassistance and care from the county.\\n 2. A town social services officer shall make:\\n (a) An annual report to the town board concerning his work and\\nadditional reports at such times and covering such facts as the town\\nboard may require.\\n (b) An annual report to the county commissioner and any additional\\nreports at such time and covering such facts as may be required by the\\ncounty commissioner or the department.\\n 3. A city commissioner of social services shall make:\\n (a) Such reports to the department with respect to his work as are\\nrequired by this chapter and the department.\\n (b) An annual report to the mayor of the city or to any other\\nofficial or board authorized to receive such report and additional\\nreports at such times and covering such facts as may be required.\\n 4. Such annual reports shall include an itemized statement of all\\nmoney received by the social services official and all money expended by\\nhim, and a detailed statement in regard to the recipients of public\\nassistance and care. Town and city social services officers shall\\nfurnish the county commissioner with all data, relating to their work\\nand persons in receipt of public assistance and care, necessary to\\nenable the county commissioner to make the reports required by the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "82", "title" : "Accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "82", "activeDate" : "2014-09-22", "sequenceNo" : 89, "repealedDate" : null, "fromSection" : "82", "toSection" : "82", "text" : " § 82. Accounts. All social services officials shall keep such\\naccounts regarding the receipt and disbursements of the social services\\nfunds, and of any trust funds, as may be required by law or directed by\\nthe department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "83", "title" : "County social services funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "83", "activeDate" : "2014-09-22", "sequenceNo" : 90, "repealedDate" : null, "fromSection" : "83", "toSection" : "83", "text" : " § 83. County social services funds. 1. The county treasurer shall\\nbe the treasurer of the county social services district.\\n 2. Except as hereinafter provided, disbursements for administration\\nand public assistance and care from county social services funds shall\\nbe made only on warrants drawn by the county commissioner for the\\npayment of bills and claims, in accordance with the provisions of law\\nrelating to such county and after audit by such county commissioner,\\nexcept that in counties having a county comptroller or a county auditor\\nsuch claims shall be audited by the county comptroller or county auditor\\nafter approval by the county commissioner.\\n 3. Payments for board and incidental expenses of children cared for\\nin boarding homes or in the homes of relatives or in institutions\\nmaintained by an authorized agency provided under title two of article\\nsix or on order of the family court of the county, may be made upon\\nschedules showing the names of the persons or institutions with whom\\nsuch children are boarded, the names of children boarded with each of\\nthem, the monthly rate of board to be paid for each such child, the\\nperiod covered by each such schedule, the amount due for the board of\\neach child during such period, an itemized account of the amount allowed\\nfor incidentals, if any, in the case of each child, and the total amount\\ndue to each such person or institution, verified by the commissioner and\\naudited as hereinbefore provided and without the presentation of\\nverified bills or claims by such persons or institutions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "84", "title" : "County commissioner's revolving fund", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "84", "activeDate" : "2014-09-22", "sequenceNo" : 91, "repealedDate" : null, "fromSection" : "84", "toSection" : "84", "text" : " § 84. County commissioner's revolving fund. A board of supervisors\\nmay authorize the county treasurer to furnish the county commissioner\\nwith an emergency revolving fund. Moneys from this fund shall be used\\nonly where it would be a hardship on the applicant or recipient to wait\\nfor the issuance of a grant in accordance with regularly established\\ndisbursement procedures. Reimbursement of expenditures from this fund\\nshall be made at least monthly upon the presentation of itemized\\nstatements or vouchers chargeable to the appropriate programs of\\nassistance in accordance with established procedures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "85", "title" : "Monthly reports of county commissioner to county treasurer", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "85", "activeDate" : "2014-09-22", "sequenceNo" : 92, "repealedDate" : null, "fromSection" : "85", "toSection" : "85", "text" : " § 85. Monthly reports of county commissioner to county treasurer.\\nThe county commissioner shall pay over to the county treasurer on or\\nbefore the tenth day of each month all money received by him in\\nconnection with the work of his public welfare district and make a\\nreport giving the source of all such receipts during the preceding\\ncalendar month.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "86", "title" : "Town public welfare funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "86", "activeDate" : "2014-09-22", "sequenceNo" : 93, "repealedDate" : null, "fromSection" : "86", "toSection" : "86", "text" : " § 86. Town public welfare funds. 1. The taxes levied for public\\nassistance and care in a town shall be paid to the town supervisor, who,\\nwithout prior audit, shall disburse them on written order of the town\\npublic welfare officer for the payment of bills and claims submitted in\\naccordance with the provisions of law relating to such town. All such\\nbills and claims shall be filed annually with the town clerk.\\n 2. The town supervisor shall, without prior audit, issue individual\\nchecks to persons as authorized by the town welfare officer on forms as\\neither prescribed or approved by the state department of social welfare,\\nor such supervisor shall pay over to the town welfare officer for use as\\na revolving fund such amount as the town board authorizes. When a\\nrevolving fund has been established, the town welfare officer shall,\\nfurnish to the town a bond in such penal sum and with such sureties as\\nthe town board may approve, conditioned upon the faithful discharge of\\nhis duties. Whenever a revolving fund has been established the welfare\\nofficer shall pay all welfare claims for which the town is legally\\nresponsible excepting salaries and other compensations from such\\nrevolving fund. Upon receiving such revolving fund the town welfare\\nofficer shall deposit such sum of money received in an official bank\\naccount, in the bank or trust company designated for such purpose by the\\ntown board, and he shall also enter in a suitable book or books kept by\\nhim for that purpose a record of the receipts and payments of such\\nrevolving fund. From appropriations for town welfare purposes the town\\nsupervisor shall, each month, on presentation by the town welfare\\nofficer of bills and claims, submitted in accordance with the provisions\\nof law relating to such town, and statements of other disbursements on\\nforms as either prescribed or approved by the state department of social\\nwelfare, reimburse such revolving fund for the amount of disbursements\\ntherefrom during the preceding month.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "86-A", "title" : "City public welfare funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "86-A", "activeDate" : "2014-09-22", "sequenceNo" : 94, "repealedDate" : null, "fromSection" : "86-A", "toSection" : "86-A", "text" : " § 86-a. City public welfare funds. The taxes levied for public\\nassistance and care in a city, or in a city public welfare district,\\nshall be paid to the city treasurer, or the commissioner of finance in\\nthe city of New York, and disbursed in accordance with the provisions of\\nlaw relating to such city for the payment of bills and claims, provided\\nsuch provisions of law are not inconsistent with the provisions of this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "87", "title" : "Special funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "87", "activeDate" : "2014-09-22", "sequenceNo" : 95, "repealedDate" : null, "fromSection" : "87", "toSection" : "87", "text" : " § 87. Special funds. 1. When a county commissioner shall receive any\\nmoney as guardian of a minor or to be used for some particular person or\\npurpose, he shall deposit it with the county treasurer, who shall keep\\nsuch money in a special account to be drawn on by the county\\ncommissioner for the person or purpose designated.\\n 2. When a town social services officer shall receive such money he\\nshall deposit it in a bank approved by the town supervisor to be drawn\\non by the town social services officer and the town supervisor jointly\\nfor the person or purpose designated.\\n 3. When a city commissioner of social services shall receive such\\nmoney, he shall deposit it with the official having charge of the funds\\nof such city, who shall keep it either in a separate account to be\\nrequisitioned by the city commissioner or in one or more common trust\\nfunds established and maintained pursuant to the charter of such city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "88", "title" : "Responsibility for adequate appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "88", "activeDate" : "2014-09-22", "sequenceNo" : 96, "repealedDate" : null, "fromSection" : "88", "toSection" : "88", "text" : " § 88. Responsibility for adequate appropriations. It shall be the\\nduty of the board of supervisors of a county, the town board of a town\\nand the appropriating body of a city to make adequate appropriations and\\nto take such action as may be necessary to provide the public assistance\\nand care required by this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "89", "title" : "Estimates in county public welfare districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "89", "activeDate" : "2014-09-22", "sequenceNo" : 97, "repealedDate" : null, "fromSection" : "89", "toSection" : "89", "text" : " § 89. Estimates in county public welfare districts. 1. The county\\ncommissioner shall submit annually, in the manner prescribed by and on\\nor before the date fixed by or pursuant to law, an itemized estimate of\\nrevenues and the amount of money needed for the ensuing fiscal year for\\nthe public assistance and care for which the county is responsible, and\\nfor the administration thereof.\\n 2. A town social services officer shall prepare and file annually with\\nthe town budget officer and the county commissioner of social services,\\nat the time specified in section one hundred four of the town law, an\\nitemized estimate of the amount needed for the ensuing year for\\nadministration and for public assistance and care. The town board shall\\ninclude the amount necessary to be raised by tax in the annual estimate\\nsubmitted to the board of supervisors as provided by the town law.\\n 3. (a) A city public welfare officer shall submit an itemized estimate\\nof the amount needed for the ensuing year for administration and public\\nassistance and care to the mayor or other authority provided by law and\\nto the county commissioner of public welfare.\\n (b) When, pursuant to the provisions of title three-a of this article,\\nthe county commissioner is administering the public assistance and care\\nfor which a city is responsible, and there is no city public welfare\\nofficer, the county commissioner shall make and submit an estimate for\\nthe city in the place and stead of a city public welfare officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "90", "title" : "Appropriations in county public welfare districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "90", "activeDate" : "2014-09-22", "sequenceNo" : 98, "repealedDate" : null, "fromSection" : "90", "toSection" : "90", "text" : " § 90. Appropriations in county public welfare districts. 1. (a)\\nThe board of supervisors shall appoint a committee of its members to\\nconsider the estimates presented by the town boards in the county public\\nwelfare district. If any town shall fail to submit an estimate as\\nprovided by the previous section, the county commissioner shall prepare\\nand submit to such committee an estimate of the amount needed for\\nadministration and public assistance and care in such town. The\\ncommittee shall recommend to the board of supervisors the amount it\\nconsiders necessary for the ensuing fiscal year for the various forms of\\npublic assistance and care and administrative expenses in each of the\\ntowns in the county public welfare district.\\n (b) The board of supervisors shall approve an estimate for each town\\nin the county public welfare district and shall levy taxes in each such\\ntown for the amount of the approved estimate for such town.\\n 2. The legislative body of a city forming part of a county public\\nwelfare district shall appropriate the amount it considers necessary for\\nadministration and public assistance and care in such city and shall\\ncause taxes to be levied for the amount of such appropriation.\\n Nothing contained in this section shall be construed to prevent the\\nfinancing of any such expenditure, in whole or in part, pursuant to the\\nlocal finance law.\\n 3. The board of supervisors shall appropriate, in the manner provided\\nby law, the amount it considers necessary for the ensuing fiscal year\\nfor the various forms of public assistance and care and administrative\\nexpenses in the county public welfare district and shall cause the\\nnecessary taxes to be levied therefor in the territory of the county\\npublic welfare district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "90-A", "title" : "Taxes for county public welfare districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "90-A", "activeDate" : "2014-09-22", "sequenceNo" : 99, "repealedDate" : null, "fromSection" : "90-A", "toSection" : "90-A", "text" : " § 90-a. Taxes for county public welfare districts. Taxes for each\\nform of assistance or care administered by the county public welfare\\ndistrict shall be levied only in the territory in which the county\\npublic welfare district is responsible for the administration of such\\nform thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "91", "title" : "Estimates and appropriations in city public welfare districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "91", "activeDate" : "2014-09-22", "sequenceNo" : 100, "repealedDate" : null, "fromSection" : "91", "toSection" : "91", "text" : " § 91. Estimates and appropriations in city public welfare districts.\\nThe city commissioner of public welfare shall present to the mayor or\\nother authority provided by law in such city an itemized estimate of the\\namount of money needed for the ensuing year for the administration of\\nthe city public welfare district and for public assistance and care.\\nThe legislative body of the city public welfare district shall\\nappropriate the amount necessary for such purpose and shall cause taxes\\nto be levied for the amount of such appropriation.\\n Nothing contained in this section shall be construed to prevent the\\nfinancing of any such expenditure, in whole or in part, pursuant to the\\nlocal finance law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "92", "title" : "Deficiency appropriations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "92", "activeDate" : "2014-09-22", "sequenceNo" : 101, "repealedDate" : null, "fromSection" : "92", "toSection" : "92", "text" : " § 92. Deficiency appropriations. 1. (a) Should the sums\\nappropriated for medical assistance for needy persons, family\\nassistance, or care and protection of children pursuant to article six\\nof this chapter and their administration be expended or contracted or\\nbecome exhausted during the year for the purposes for which they were\\nappropriated, or should no appropriation have been made, additional sums\\nshall be appropriated by the proper appropriating bodies, as occasion\\ndemands, to carry out the provisions of this chapter.\\n (b) In cities such additional sums if appropriated shall be paid from\\nunexpended balances not required by law to be expended for a specific\\npurpose, or from contingent funds when such exist.\\n (c) In counties, such additional appropriations shall be paid from\\nfunds in the county treasury available therefor, provided that such\\nfunds were raised by taxes levied in a territory identical with that in\\nwhich such sums may be expended, and then only to the extent of any\\nexcess thereof not needed for other purposes under other provisions of\\nthis chapter.\\n (d) Nothing contained in this section, however, shall be construed to\\nprevent the financing of such deficiency appropriations pursuant to the\\nlocal finance law.\\n 2. All the provisions of subdivision one in regard to cities shall be\\napplicable to towns in Dutchess county, and, in every city or town\\nthereof, except in the city of Poughkeepsie, the amount of such\\nadditional sums must first be approved by the county commissioner of\\npublic welfare by writing filed with the city or town clerk.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "93", "title" : "Provisions for financing home relief", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "93", "activeDate" : "2014-09-22", "sequenceNo" : 102, "repealedDate" : null, "fromSection" : "93", "toSection" : "93", "text" : " § 93. Provisions for financing home relief. 1. Definitions. When\\nused in this section:\\n (a) Home relief means home relief as defined in section one hundred\\nfifty-seven and also includes all administrative expenses of home\\nrelief.\\n (b) Local share of home relief means the total cost or estimated cost\\nof home relief after deducting the amount or the estimated amount of\\nstate aid received or to be received therefor under the then existing\\nlaw and rules.\\n (d) City means any city responsible for the administration of home\\nrelief.\\n 2. Estimates and appropriations. Each county, city and town shall\\nmake an annual estimate and appropriation of the total amount required\\nfor the fiscal year for home relief in accordance with this article.\\nSuch estimates shall show not only the total amount so required, but the\\nestimated state aid to be received, and the estimated local share of\\nhome relief.\\n 3. Additional appropriations to supply deficiencies in the annual\\nappropriations. Should the sum or the aggregate of the sums\\nappropriated or amounts available and authorized to be expended in any\\ncounty, city or town be less than the amount required in any year for\\nhome relief, supplemental appropriations may be made from time to time,\\nand in that case not less than the same percentage of the local share of\\nhome relief included in such supplemental appropriations may be raised\\nby taxes levied for the next fiscal year as would have been raised by\\ntaxes for the current fiscal year if the amount of supplemental\\nappropriation had been contained in the annual appropriation for the\\ncurrent fiscal year.\\n 6. County taxes. County taxes for the payment of obligations and\\ninterest thereon, issued for home relief shall be a charge upon the\\nentire county but shall be levied in the first instance against all the\\ntaxable property in the territory in which the county public welfare\\ndistrict is responsible for the administration of such home relief.\\n 8. Notwithstanding any inconsistent provision of this section, until\\nthe commencement of the fiscal year in any county, city or town next\\nfollowing December first, nineteen hundred forty-six, the local share of\\nthe cost of home relief in any year, in lieu of being raised by tax, may\\nbe paid from any other funds available, provided, however, no monies\\nshall be borrowed to pay the cost of home relief.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "94", "title" : "Federal donated commodities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "94", "activeDate" : "2014-09-22", "sequenceNo" : 103, "repealedDate" : null, "fromSection" : "94", "toSection" : "94", "text" : " § 94. Federal donated commodities. 1. (a) Until his social services\\ndistrict has been included in the food stamp distribution program or\\nprograms under section ninety-five, each commissioner of social services\\nis authorized and required, in accordance with regulations of the\\ndepartment, to assist needy families and individuals of his social\\nservices district to obtain federal donated commodities for their use,\\nby certifying, when such is the case, that they are eligible to receive\\nsuch commodities, and by distributing such commodities to eligible\\nfamilies and individuals. However, only those who are receiving or are\\neligible for public assistance or care and such others as may qualify in\\naccordance with federal requirements and standards promulgated by the\\ndepartment shall be certified as eligible to receive such commodities.\\n (b) Each commissioner of social services shall develop and submit to\\nthe department for its approval a plan describing his district's\\noperations under this section, which plan shall accord with federal and\\nstate requirements.\\n 2. Federal donated commodities shall not be deemed or construed to be\\npublic assistance and care or a substitute, in whole or in part,\\ntherefor; and the receipt of such commodities by eligible families and\\nindividuals shall not subject them, their legally responsible relatives,\\ntheir property or their estates to any demand, claim or liability on\\naccount thereof.\\n 3. A person's need or eligibility for public assistance or care shall\\nnot be affected by his receipt of federal donated commodities.\\n 4. Any inconsistent provisions of law notwithstanding, expenditures\\nmade by social services districts for the purpose of certifying\\neligibility of needy families and individuals for federal donated\\ncommodities and for distributing such commodities to them shall be\\ndeemed to be expenditures for the administration of public assistance\\nand care and shall be subject to reimbursement by the state in\\naccordance with the provisions of section one hundred fifty-three to the\\nextent of one hundred percentum thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "95", "title" : "Supplemental nutrition assistance program (SNAP)", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-12-18", "2021-01-29", "2021-10-08", "2022-01-07", "2024-01-19" ], "docLevelId" : "95", "activeDate" : "2022-01-07", "sequenceNo" : 104, "repealedDate" : null, "fromSection" : "95", "toSection" : "95", "text" : " § 95. Supplemental nutrition assistance program (SNAP). 1. (a) The\\noffice is authorized to submit any plan required by the federal\\ngovernment to participate in the supplemental nutrition assistance\\nprogram (SNAP) to the secretary of the United States department of\\nagriculture for approval, and to act for the state in any negotiations\\nrelative to the submission and approval of such plan, and may make such\\narrangements and take such action, not inconsistent with law, as may be\\nrequired to obtain and retain such approval, to implement such plan, and\\nto secure for the state the benefits available.\\n * (b) Subject to an online food purchasing program operated by the\\nUnited States department of agriculture, food and nutrition service\\n(USDA), the office shall promptly seek any necessary approvals from the\\nUSDA in order to maximize availability of online fresh food purchasing\\noptions throughout the state. Within one hundred eighty days after the\\neffective date of this paragraph, the office shall work with the USDA to\\ndevelop a plan seeking to maximize retailer participation in the USDA's\\nSNAP online purchasing program in the state. The office shall\\nperiodically review the plan and revise the plan as necessary. The plan,\\nand any updates of such plan, shall be submitted to the governor, the\\nspeaker of the assembly, and the temporary president of the senate. The\\noffice shall continue to seek all necessary waivers from the USDA, to\\nthe extent necessary to implement the program.\\n * NB Effective until December 15, 2023\\n * (b) The office is authorized to accept a designation, in accordance\\nwith the provisions of section twenty-nine of this chapter, under any\\nother federal law which may make SNAP benefits available for needy\\nfamilies and individuals, and to perform such functions as may be\\nappropriate, permitted or required by or pursuant to such law.\\n * NB Effective December 15, 2023\\n * (c) The office is authorized to accept a designation, in accordance\\nwith the provisions of section twenty-nine of this chapter, under any\\nother federal law which may make SNAP benefits available for needy\\nfamilies and individuals, and to perform such functions as may be\\nappropriate, permitted or required by or pursuant to such law.\\n * NB Repealed December 15, 2023\\n 2. The office is empowered, with the consent and approval of the\\ngovernor, to delegate or assign to any other office or agency of the\\nstate the performance of such function or functions under the plan or\\ndesignation as may be appropriate and permitted or required by the\\nappropriate federal law or regulations. Any state department or agency\\nis hereby empowered and required to perform the function or functions so\\ndelegated or assigned to it.\\n 3. (a) Each commissioner of social services is authorized and\\nrequired, in accordance with regulations of the office, to make\\napplication for inclusion of his or her social services district in the\\nfederal supplemental nutrition assistance program plan or plans and to\\nassist needy families and individuals of his or her social services\\ndistrict to obtain nutritionally adequate diets through participation in\\nsuch federal plan or plans. However, only those persons who qualify for\\nSNAP benefits in accordance with federal and state requirements, and\\nstandards promulgated by the office, shall be certified as eligible to\\nreceive such benefits.\\n (b) Each commissioner of social services is authorized and required,\\nsubject to state and federal requirements therefor, to act on behalf of\\nthe office and receive, store, and issue SNAP benefits, either directly,\\nor with the approval of the office, through a banking institution and/or\\nother appropriate public or private agency.\\n (c) Each commissioner of social services shall develop and submit to\\nthe office for its approval a plan describing his or her district's\\noperations under this section, which plan shall accord with federal and\\nstate requirements.\\n 4. A person's need or eligibility for public assistance and care shall\\nnot be affected by his or her receipt of SNAP benefits.\\n 5. Any inconsistent provision of law notwithstanding, the value of any\\nSNAP benefits provided an eligible person shall not be considered income\\nor resources for any purpose, including taxation.\\n 6. (a) Any inconsistent provision of law notwithstanding, expenditures\\nmade by a social services district for the purpose of certifying\\neligibility of needy families and individuals, including those who are\\nnot in receipt of public assistance and care, for SNAP benefits, and for\\ndistributing and redeeming such benefits shall be deemed to be\\nexpenditures for the administration of public assistance and care, and\\nshall be subject to reimbursement by the state in accordance with the\\nprovisions of section one hundred fifty-three of this chapter to the\\nextent of one hundred percent in accordance with paragraph (b) of this\\nsubdivision.\\n (b) Such expenditures for supplemental nutrition assistance program\\nadministrative costs shall be subject to reimbursement by the state in\\naccordance with regulations to be promulgated by the office, which\\nregulations shall be subject to the approval of the director of the\\nbudget, shall be consistent with federal law and regulations, and shall\\nbe based on:\\n (i) an allocation of administrative costs attributable to both SNAP\\nbenefits and safety net assistance to permit maximum use of federal\\nfunds; and\\n (ii) an allocation of administrative costs attributable to both SNAP\\nbenefits and temporary assistance for needy families such that only\\nthose administrative costs that cannot be allocated to temporary\\nassistance for needy families are allocated to supplemental nutrition\\nassistance program, provided, however, that if federal law, regulations,\\nor cost allocation procedures require those administrative costs that\\nmay be allocated to be allocated between temporary assistance for needy\\nfamilies and SNAP benefits, then the administrative costs so allocated\\nto SNAP benefits shall be reimbursed as costs of public assistance and\\ncare in accordance with the provisions of paragraphs a and d of\\nsubdivision one of section one hundred fifty-three of this chapter.\\n 7. a. When an eligible recipient under this section is issued an\\nauthorization to participate in the supplemental nutrition assistance\\nprogram by written or electronic means, such authorization to\\nparticipate:\\n * (i) May be redeemed for SNAP benefits at designated redemption\\ncenters by the recipient or by an authorized representative. When an\\neligible recipient under this section is issued SNAP benefits, such SNAP\\nbenefits may be used to purchase food items from a food distributor by\\nthe recipient or by an authorized representative. Recipients shall be\\nable to use SNAP benefits to purchase groceries from eligible online\\ngrocery retailers and to have groceries delivered pursuant to federal\\nlaws and regulations. Any other transfer or sale of authorizations to\\nparticipate or SNAP benefits shall constitute an unauthorized use of\\nsaid authorizations or benefits;\\n * NB Effective until December 15, 2023\\n * (i) May be redeemed for SNAP benefits at designated redemption\\ncenters by the recipient or by an authorized representative. When an\\neligible recipient under this section is issued SNAP benefits, such SNAP\\nbenefits may be used to purchase food items from a food distributor by\\nthe recipient or by an authorized representative. Any other transfer or\\nsale of authorizations to participate or SNAP benefits shall constitute\\nan unauthorized use of said authorizations or benefits;\\n * NB Effective December 15, 2023\\n (ii) Shall require the office of temporary and disability assistance\\nto provide the state education department a dataset which contains a\\nlisting of students ages three to eighteen who receive federal\\nassistance through the supplemental nutrition assistance program (SNAP)\\nand temporary assistance to needy families (TANF).\\n (iii) The state education department shall make such dataset available\\nto all schools (public and nonpublic) that participate in: the National\\nSchool Lunch, School Breakfast, Summer Food Service, or Special Milk\\nprograms with a free milk option of the availability of such dataset.\\n (iv) All schools identified in subparagraph (iii) of this paragraph\\nshall access such dataset outlined in subparagraph (ii) of this\\nparagraph at least three times a year and identify such child as\\neligible for free meals/milk and such child may receive free meals/milk\\nwithout further application. Upon identification, such school shall\\nnotify the student's parent or guardian of such eligibility. Such\\nnotification shall also contain an opportunity to decline the receipt of\\nfree meals/milk. In the event a school receives notification to decline\\nthe free meals/milk benefit the child shall be removed from the free\\neligibility list in such program.\\n (b) For the purposes of this subdivision, \"authorized representative\"\\nshall be defined in regulations promulgated by the commissioner.\\n 8. Except as part of a transaction pursuant to subdivision seven of\\nthis section or as necessary for a food distributor to redeem SNAP\\nbenefits subsequent to such a transaction, any acquisition, acceptance,\\npurchase, possession, sale, transfer, alteration or manufacture of\\nauthorizations to participate or SNAP benefits, real or counterfeit, by\\nany person shall constitute an unauthorized use of said authorizations\\nor benefits. For purposes of this subdivision, the term \"person\" shall\\nmean any individual, corporation, partnership, association, agency, or\\nother legal entity, or any part thereof.\\n 9.(a) The parent or other individual who is living with and exercising\\nparental control over a child under the age of eighteen who has an\\nabsent parent is not eligible to participate in the supplemental\\nnutrition assistance program if such person refuses to cooperate with\\nthe office in establishing the paternity of the child (if the child is\\nborn out of wedlock) and in obtaining support for the child or the\\nparent (or other individual) and the child. This paragraph does not\\napply to the parent (or other individual) if the office determines that\\nthere is good cause for the refusal to cooperate.\\n (b) A putative or identified noncustodial parent of a child under the\\nage of eighteen is not eligible to participate in the supplemental\\nnutrition assistance program if such individual refuses to cooperate\\nwith the office in establishing the paternity of the child (if the child\\nis born out of wedlock) and in providing support for the child. The use\\nof the information collected pursuant to this paragraph shall be limited\\nto the purposes for which the information is collected and is subject to\\nthe confidentiality provisions set forth in section one hundred\\nthirty-six of this chapter.\\n (c) To the extent not inconsistent with federal law and regulations,\\nan individual is not eligible to participate in the supplemental\\nnutrition assistance program as a member of any household if the\\nindividual is under court order to pay child or combined child and\\nspousal support and has accumulated support arrears equivalent to or\\ngreater than the amount of current support due for a period of four\\nmonths.\\n 10. Notwithstanding any other provision of law to the contrary, the\\noffice shall develop a brief, simplified application form for the\\nsupplemental nutrition assistance program only. The office shall develop\\nthe form in consultation with food stamp outreach organizations and\\nconsider how the form may be used to reach as many potential applicants\\nas possible, especially those over sixty years of age and those who are\\nemployed.\\n 11. (a) Notwithstanding any other provision of law to the contrary,\\nthe office shall establish a statewide restaurant meals program as part\\nof SNAP. Under the restaurant meals program, households containing\\nelderly or disabled members, and their spouses, as defined in 7 U.S.C.\\n2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l), shall\\nhave the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP\\nbenefits at private establishments that contract with the office to\\noffer meals for eligible individuals at concessional prices subject to 7\\nU.S.C. 2018(h).\\n (b) The office shall adopt any rules necessary to implement the\\nprovisions of this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "95-A", "title" : "State supplemental nutrition assistance program outreach program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-12-18", "2021-01-29", "2024-01-19" ], "docLevelId" : "95-A", "activeDate" : "2021-01-29", "sequenceNo" : 105, "repealedDate" : null, "fromSection" : "95-A", "toSection" : "95-A", "text" : " * § 95-a. State supplemental nutrition assistance program outreach\\nprogram. 1. In accordance with federal requirements and to the extent\\nthat federal matching funds are available, the department shall develop\\nand implement an outreach plan to inform low-income households\\npotentially eligible to receive supplemental nutrition assistance\\nprogram benefits of the availability and benefits of the program,\\nincluding information on the federal SNAP Online Purchasing Pilot\\nprogram or subsequent programs, and to encourage the participation of\\neligible households that wish to participate.\\n 2. In developing and implementing such a plan the department and/or\\nits local districts are authorized and empowered, subject to the\\napproval of the director of the budget and provided that federal aid is\\navailable therefor, to enter into contractual agreements with public\\nand/or private organizations to develop and implement local, regional,\\nand statewide outreach programs.\\n 3. Each commissioner of social services shall develop and submit to\\nthe department on an annual basis for its approval, a local outreach\\nplan governing the use of local social services personnel and services\\nprovided by federally funded and other agencies and organizations to\\ninform potentially eligible households of the availability and benefits\\nof the program and to encourage and facilitate the participation of\\neligible households. The department shall provide commissioners of\\nsocial services with technical assistance as needed to carry out the\\nprovisions of this subdivision.\\n 4. As part of each local outreach plan, social services officials\\nshall take all steps necessary to maintain a supply of information\\nleaflets in public buildings, including but not limited to local\\nunemployment insurance and employment services offices of the department\\nof labor, institutions and facilities under the supervision or control\\nof the department of health, food stores, union halls, community centers\\nand local agencies providing services to the elderly to help insure that\\neligible persons are informed of the supplemental nutrition assistance\\nprogram.\\n 5. The department shall periodically distribute to all newspapers, and\\nto television and radio stations throughout the state, public service\\nannouncements describing the supplemental nutrition assistance program,\\nincluding the toll-free telephone numbers for supplemental nutrition\\nassistance program information, and shall promptly inform such media of\\nsignificant changes in the program affecting eligibility requirements\\nand/or the amount of the supplemental nutrition assistance program\\nbonus.\\n 6. The department shall establish procedures in cooperation with the\\nindustrial commissioner of the department of labor to ensure that\\ninformational leaflets about the supplemental nutrition assistance\\nprogram are sent to each local employment services office for\\ndistribution pursuant to section five hundred forty of the labor law.\\nEach leaflet shall include but not be limited to: the phone number for\\nthe New York State supplemental nutrition assistance hotline, estimated\\nmaximum income eligibility levels by household size for participation in\\nthe supplemental nutrition assistance program and the availability of\\nlocal social services departments to provide additional information\\nabout the program.\\n 7. In accordance with applicable federal laws, rules and regulations\\nthe department shall make available appropriate bilingual materials so\\nthat potentially eligible non English speaking individuals may be\\ninformed about the supplemental nutrition assistance program.\\n 8. The department shall promulgate rules and regulations, and take all\\nother actions necessary for the effective implementation of this\\nsection.\\n * NB Effective until December 15, 2023\\n * § 95-a. State food stamp outreach program. 1. In accordance with\\nfederal requirements and to the extent that federal matching funds are\\navailable, the department shall develop and implement an outreach plan\\nto inform low-income households potentially eligible to receive food\\nstamps and to encourage the participation of eligible households that\\nwish to participate.\\n 2. In developing and implementing such a plan the department and/or\\nits local districts are authorized and empowered, subject to the\\napproval of the director of the budget and provided that federal aid is\\navailable therefor, to enter into contractual agreements with public\\nand/or private organizations to develop and implement local, regional,\\nand statewide outreach programs.\\n 3. Each commissioner of social services shall develop and submit to\\nthe department on an annual basis for its approval, a local outreach\\nplan governing the use of local social services personnel and services\\nprovided by federally funded and other agencies and organizations to\\ninform potentially eligible households of the availability and benefits\\nof the program and to encourage and facilitate the participation of\\neligible households. The department shall provide commissioners of\\nsocial services with technical assistance as needed to carry out the\\nprovisions of this subdivision.\\n 4. As part of each local outreach plan, social services officials\\nshall take all steps necessary to maintain a supply of information\\nleaflets in public buildings, including but not limited to local\\nunemployment insurance and employment services offices of the department\\nof labor, institutions and facilities under the supervision or control\\nof the department of health, food stores, union halls, community centers\\nand local agencies providing services to the elderly to help insure that\\neligible persons are informed of the food stamp program.\\n 5. The department shall periodically distribute to all newspapers, and\\nto television and radio stations throughout the state, public service\\nannouncements describing the food stamp program, including the toll-free\\ntelephone numbers for food stamp information, and shall promptly inform\\nsuch media of significant changes in the program affecting eligibility\\nrequirements and/or the amount of the food stamp bonus.\\n 6. The department shall establish procedures in cooperation with the\\nindustrial commissioner of the department of labor to ensure that\\ninformational leaflets about the food stamp program are sent to each\\nlocal employment services office for distribution pursuant to section\\nfive hundred [and] forty of the labor law. Each leaflet shall include\\nbut not be limited to: the phone number for the New York State food\\nstamp hotline, estimated maximum income eligibility levels by household\\nsize for participation in the food stamp program and the availability of\\nlocal social services departments to provide additional information\\nabout the program.\\n 7. In accordance with applicable federal laws, rules and regulations\\nthe department shall make available appropriate bilingual materials so\\nthat potentially eligible non English speaking individuals may be\\ninformed about the food stamp program.\\n 8. The department shall promulgate rules and regulations, and take all\\nother actions necessary for the effective implementation of this\\nsection.\\n * NB Effective December 15, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "96", "title" : "Use of subprofessional staff", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "96", "activeDate" : "2014-09-22", "sequenceNo" : 106, "repealedDate" : null, "fromSection" : "96", "toSection" : "96", "text" : " § 96. Use of subprofessional staff. Any inconsistent provision of\\nlaw, general, special or local notwithstanding, a local social services\\ndistrict shall provide for the training and use of subprofessional\\nstaff, with particular emphasis on the use of public assistance\\nrecipients in accordance with state and federal requirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "97", "title" : "Low-income home energy assistance program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-08" ], "docLevelId" : "97", "activeDate" : "2022-07-08", "sequenceNo" : 107, "repealedDate" : null, "fromSection" : "97", "toSection" : "97", "text" : " § 97. Low-income home energy assistance program. 1. The department is\\nauthorized to develop and submit to the governor the application and\\nplan required by title twenty-six of the federal omnibus budget\\nreconciliation act of nineteen hundred eighty-one, and to amend and to\\ntake whatever other action may be necessary with respect to such plan,\\nincluding, but not limited to, acting for the state in any negotiations\\nrelative to the submission of such plan, and making such arrangements\\nand taking such action, not inconsistent with law, as may be required to\\nsubmit, implement, administer and operate such plan, and to secure for\\nthe state the benefits available under such act.\\n 2. Each social services district shall be required, in accordance with\\nthe state plan and federal regulations, to participate in the federal\\nlow-income home energy assistance program and to assist eligible\\nhouseholds found in such districts to obtain low-income home energy\\nassistance. However, only those persons who qualify for low-income home\\nenergy assistance in accordance with federal and state requirements, and\\nstandards promulgated by the department, shall be certified as eligible\\nfor and entitled to receive said home energy assistance. No person,\\nhowever, shall be certified as eligible for and entitled to receive said\\nhome energy assistance if no federal funds are available for such\\npurpose.\\n 3. Any inconsistent provision of law notwithstanding, the amount of\\nany home energy assistance payments or allowances provided to an\\neligible household under said plan shall not be considered income or\\nresources of such households, or of any member thereof, for any purpose\\nunder any federal or state law, including any law relating to taxation,\\nfood stamps, public assistance or other benefits available pursuant to\\nthis chapter.\\n 4. Expenditures made by a social services district pursuant to the\\nfederal low-income home energy assistance program, including the costs\\nof administration, shall be subject to one hundred percent reimbursement\\nby the state, if and for so long as federal funds are available for the\\nfull amount of such expenditures.\\n 5. No less than fifteen percent of the funds available to New York\\nstate under the federal low-income home energy assistance program shall\\nbe used for low-cost residential weatherization or other energy-related\\nhome repair for low-income households, as follows:\\n a. No less than ten percent of the funds available to New York state\\nunder the federal low-income home energy assistance program shall be\\nallocated to the division of housing and community renewal, the housing\\ntrust fund corporation, or the housing finance agency as designated by\\nthe division of housing and community renewal for the weatherization\\nassistance program and other low-cost residential weatherization or\\nother energy-related home repair for low-income households. All such\\nprograms and expenditures shall be provided in the annual New York state\\nweatherization assistance program state plan or by agreement with the\\noffice of temporary and disability assistance.\\n b. Administrative funds to implement the program described in this\\nsubdivision at the state and local levels shall be set at ten percent of\\nthe total amount allocated to the division of housing and community\\nrenewal. Administrative monies shall be derived from funds identified by\\nthe division of the budget as that portion of the home energy assistance\\nprogram grant reported to the federal department of health and human\\nservices for state administration of such program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 21 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T6", "title" : "Powers to Enforce Support", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-10-15", "2022-04-15" ], "docLevelId" : "6", "activeDate" : "2022-04-15", "sequenceNo" : 108, "repealedDate" : null, "fromSection" : "101", "toSection" : "111", "text" : " TITLE 6\\n POWERS TO ENFORCE SUPPORT\\nSection 101. Liability of relatives to support.\\n 101-a. Proceedings to compel support by persons in need thereof.\\n 102. Powers of public welfare officials to bring and defend\\n suits.\\n 103. Seizure of property of persons liable for support.\\n 104. Recovery from a person discovered to have property.\\n 104-a. Transfer of property for the purpose of qualifying for\\n assistance; presumption.\\n 104-b. Liens for public assistance and care on claims and suits\\n for personal injuries.\\n 105. Claim on insurance.\\n 106-a. Exemption from payment of fees for instruments affecting\\n real or personal property; exemption of mortgages from\\n mortgage recording tax.\\n 106-b. Adjustment for incorrect payments.\\n 106-c. Crediting of overpayment of tax to obligation of public\\n assistance recipients.\\n 107. Disposal of seized property and penalties collected.\\n 108. Appointment of guardians for minors; notice of\\n accounting.\\n 109. Trust funds to be established.\\n 110-a. Special provisions for legal services to enforce support\\n to recover costs of public assistance and care and to\\n establish paternity.\\n 110-b. Recovery from a person discovered to have property;\\n notice.\\n 111. Functions of the department.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "101", "title" : "Liability of relatives to support", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "101", "activeDate" : "2014-09-22", "sequenceNo" : 109, "repealedDate" : null, "fromSection" : "101", "toSection" : "101", "text" : " § 101. Liability of relatives to support. 1. Except as otherwise\\nprovided by law, the spouse or parent of a recipient of public\\nassistance or care or of a person liable to become in need thereof\\nshall, if of sufficient ability, be responsible for the support of such\\nperson, provided that a parent shall be responsible only for the support\\nof a child under the age of twenty-one years. Step-parents shall in\\nlike manner be responsible for the support of step-children under the\\nage of twenty-one years. Nothing herein shall impose any liability upon\\na person to support the adopted child of his or her spouse if such child\\nwas adopted after the adopting spouse is living separate and apart from\\nthe non-adopting spouse pursuant to a legally recognizable separation\\nagreement or decree under the domestic relations law. Such liability\\nshall not be imposed for so long as the spouses remain separate and\\napart after the adoption.\\n 2. The liability imposed by this section shall be for the benefit of\\nthe public welfare district concerned or any legally incorporated\\nnon-profit institution which receives payments from any governmental\\nagency for the care of medically indigent persons, and such liability\\nmay be enforced by appropriate proceedings and actions in a court of\\ncompetent jurisdiction. Such proceedings and actions may be brought by\\nsuch an institution in any court wherein a similar proceeding or action\\ncould be brought by a public welfare official.\\n 3. The expiration of any period of time for the payment of maintenance\\nby a court in a matrimonial action shall not be a bar to the enforcement\\nof the liability imposed by this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "101-A", "title" : "Proceedings to compel support by persons in need thereof", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "101-A", "activeDate" : "2014-09-22", "sequenceNo" : 110, "repealedDate" : null, "fromSection" : "101-A", "toSection" : "101-A", "text" : " § 101-a. Proceedings to compel support by persons in need thereof. A\\nrecipient of public assistance or care or a person liable to become in\\nneed thereof may bring proceedings in a court of competent jurisdiction\\nagainst any person responsible for his or her support as provided in\\nsection one hundred one of this chapter to compel any such person so\\nresponsible to provide for or contribute to such support.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "102", "title" : "Powers of public welfare officials to bring and defend suits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "102", "activeDate" : "2014-09-22", "sequenceNo" : 111, "repealedDate" : null, "fromSection" : "102", "toSection" : "102", "text" : " § 102. Powers of public welfare officials to bring and defend suits.\\nA public welfare official responsible, by or pursuant to any provision\\nof this chapter, for the administration of the public assistance or care\\ngranted or applied for is empowered to bring proceedings in a court of\\ncompetent jurisdiction\\n 1. to compel any person liable by law for support to contribute to\\nthe support of any person cared for at public expense, or person liable\\nto become so dependent. A bond may be required of such person liable\\nfor support to indemnify the public welfare district against the cost of\\nthe support of such person;\\n 2. to recover penalties, forfeitures and prosecute any bonds,\\nundertakings and recognizances;\\n 3. and defend in any court all matters relating to the support of\\npersons at public expense.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "103", "title" : "Seizure of property of persons liable for support", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "103", "activeDate" : "2014-09-22", "sequenceNo" : 112, "repealedDate" : null, "fromSection" : "103", "toSection" : "103", "text" : " § 103. Seizure of property of persons liable for support. The\\nresponsible public welfare official may apply to a court having\\njurisdiction in actions involving an amount equal to the value of\\nproperty to be seized for a warrant to seize the real or personal estate\\nof a person who absents himself, leaving any one for whose support he is\\nliable dependent upon public support or liable to become so dependent.\\nIf such a warrant be issued, the public welfare official may seize the\\nproperty and apply the proceeds as directed by the court.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "104", "title" : "Recovery from a person discovered to have property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "104", "activeDate" : "2014-09-22", "sequenceNo" : 113, "repealedDate" : null, "fromSection" : "104", "toSection" : "104", "text" : " § 104. Recovery from a person discovered to have property. 1. A public\\nwelfare official may bring action or proceeding against a person\\ndiscovered to have real or personal property, or against the estate or\\nthe executors, administrators and successors in interest of a person who\\ndies leaving real or personal property, if such person, or any one for\\nwhose support he is or was liable, received assistance and care during\\nthe preceding ten years, and shall be entitled to recover up to the\\nvalue of such property the cost of such assistance or care. Any public\\nassistance or care received by such person shall constitute an implied\\ncontract. No claim of a public welfare official against the estate or\\nthe executors, administrators and successors in interest of a person who\\ndies leaving real or personal property, shall be barred or defeated, in\\nwhole or in part, by any lack of sufficiency of ability on the part of\\nsuch person during the period assistance and care were received.\\n Nor shall the claim asserted by a public welfare official against any\\nperson under this section be impaired, impeded, barred or defeated, in\\nwhole or in part, on the grounds that another person or persons may also\\nhave been liable to contribute.\\n In all claims of the public welfare official made under this section\\nthe public welfare official shall be deemed a preferred creditor.\\n 2. No right of action shall accrue against a person under twenty-one\\nyears of age by reason of the assistance or care granted to him unless\\nat the time it was granted the person was possessed of money and\\nproperty in excess of his reasonable requirements, taking into account\\nhis maintenance, education, medical care and any other factors\\napplicable to his condition.\\n 3. To the extent described in section 7-1.12 of the estates, powers\\nand trusts law, the trustee of a supplemental needs trust which conforms\\nto the provisions of such section 7-1.12 shall not be deemed to be\\nholding assets for the benefit of a beneficiary who may otherwise be the\\nsubject of a claim under this section and no action may be brought\\nagainst either the trust or the trustee to recover the cost of\\nassistance or care provided to such person, or anyone for whose support\\nsuch person is or was liable.\\n 4. Any inconsistent provision of this chapter or of any other law\\nnotwithstanding, a social services official may not assert any claim\\nunder any provision of this chapter to recover payments of public\\nassistance if such payments were reimbursed by child support\\ncollections.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "104-A", "title" : "Transfer of property for the purpose of qualifying for assistance; presumption", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "104-A", "activeDate" : "2014-09-22", "sequenceNo" : 114, "repealedDate" : null, "fromSection" : "104-A", "toSection" : "104-A", "text" : " § 104-a. Transfer of property for the purpose of qualifying for\\nassistance; presumption. For the purposes of the provisions of this\\nchapter disqualifying a person from eligibility for a category of public\\nassistance or care by reason of his voluntary transfer of property, a\\ntransfer of property made within one year from the date of the person's\\napplication for such assistance shall be presumed to have been made for\\nthe purpose of qualifying for such assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "104-B", "title" : "Liens for public assistance and care on claims and suits for personal injuries", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-01-11" ], "docLevelId" : "104-B", "activeDate" : "2019-01-11", "sequenceNo" : 115, "repealedDate" : null, "fromSection" : "104-B", "toSection" : "104-B", "text" : " § 104-b. Liens for public assistance and care on claims and suits for\\npersonal injuries. 1. If a recipient of public assistance and care shall\\nhave a right of action, suit, claim, counterclaim or demand against\\nanother on account of any personal injuries suffered by such recipient,\\nthen the public welfare official for the public welfare district\\nproviding such assistance and care shall have a lien for such amount as\\nmay be fixed by the public welfare official not exceeding, however, the\\ntotal amount of such assistance and care furnished by such public\\nwelfare official on and after the date when such injuries were incurred.\\nIn all such cases, notice of the commencement of such an action shall be\\nserved upon the public welfare district that has provided or is\\nproviding such assistance and care, or upon the department of health.\\n The commissioner shall endeavor to ascertain whether such person, firm\\nor corporation alleged to be responsible for such injuries is insured\\nwith a liability insurance company, as the case may be, and the name\\nthereof.\\n 2. No such lien shall be effective, however, unless a written notice\\ncontaining the name and address of the injured recipient, the date and\\nplace of the accident, and the name of the person, firm or corporation\\nalleged to be liable to the injured party for such injuries, together\\nwith a brief statement of the nature of the lien, the amount claimed and\\nthat a lien is claimed upon the said right of action, suit, claim,\\ncounterclaim or demand by the public welfare official be served prior to\\nthe payment of any moneys to such injured party, by certified with\\nreturn receipt or registered mail upon such person, firm or corporation,\\nand his or her, its or their attorney, if known, and upon any insurance\\ncarrier which has insured such person, firm or corporation against such\\nliability. A copy of the notice of lien shall be mailed to such carrier\\nat least twenty days prior to the date on which such carrier makes a\\npayment to the injured party. Except as against such carrier, the\\neffectiveness of the lien against any other party shall not be impaired\\nby the failure to mail the required notice to such carrier. In addition,\\na true copy of such notice shall be served by regular mail to the\\nwelfare recipient and to his or her attorney, if known. Such mailing\\nshall be deemed to be effective, notwithstanding any inaccuracy or\\nomission, if the information contained therein shall be sufficient to\\nenable those to whom the notice is given to identify the injured\\nrecipient and the occurrence upon which his or her claim for damages is\\nbased.\\n 3. Upon the service of the notice, as aforesaid, the local public\\nwelfare official shall file a true copy thereof in the office of the\\nclerk of the county in which his office is located, and, thereupon the\\nlien of the public welfare official in the amount therein stated shall\\nattach to any verdict, decision, decree, judgment, award or final order\\nin any suit, action or proceeding in any court or administrative\\ntribunal of this state respecting such injuries, as well as the proceeds\\nof any settlement thereof, and the proceeds of any settlement of any\\nclaim or demand respecting such injuries prior to suit or action.\\n 4. An amended notice of lien may be served and filed by such public\\nwelfare official in the same manner and subject to the provisions of\\nthis section governing the notice of lien originally served and filed\\npursuant to this section.\\n 5. (a) The person, firm, corporation or insurance carrier, having\\nnotice that a social services official has served and filed a notice of\\nlien, and intending to make payment on the personal injury claim upon\\nwhich the lien was filed, shall notify the social services official by\\ncertified or registered mail, at least ten days prior to the date such\\npayment is proposed to be made, of the amount and date thereof.\\n (b) Notwithstanding any inconsistent provision of this section, the\\nsocial services official shall have the right to serve and file by\\ncertified or registered mail, within five days after receipt of such\\nnotice, excluding Saturdays, Sundays, and holidays, an amended notice of\\nlien to include the amount of public assistance and care furnished to\\nthe recipient after the date such official served and filed the notice\\nof lien or the last previous amendment thereof.\\n (c) A person, firm, corporation or insurance carrier that fails to\\ngive the notice required by paragraph (a) of this subdivision shall be\\nliable to the social services official to the same extent that it would\\nhave been liable had such notice been given and the social services\\nofficial had filed the amended notice of lien provided for in paragraph\\n(b) of this subdivision.\\n 6. Such lien may be enforced by action against those alleged to be\\nliable for such injuries, as aforesaid, by the local public welfare\\nofficial in any court of appropriate jurisdiction.\\n 7. The aforesaid lien shall be valid and effective, when the notice\\nthereof and the statement are served and filed as aforesaid, and shall\\ncontinue until released and discharged by the local public welfare\\nofficial by an instrument in writing and filed in the said county\\nclerk's office, and no release, payment, discharge or satisfaction of\\nany such claim, demand, right of action, suit or counterclaim shall be\\nvalid or effective against such lien.\\n 8. The county clerk shall, at the expense of the county, provide a\\nsuitable book with proper index, to be called the public welfare lien\\ndocket, in which he shall enter the names of the public welfare official\\nand the recipient, the date and place of the accident and the name or\\nnames of those alleged to be liable for such injuries, as aforesaid.\\n 9. The provisions of this section to the contrary notwithstanding, the\\nlien herein created shall be subject and subordinate to the lien on the\\namount recovered by verdict, report, decision, judgment, award or\\ndecree, settlement or compromise, of any attorney or attorneys retained\\nby any such injured person to prosecute his claim for damages for\\npersonal injuries, having or acquiring by virtue of such retainer a lien\\non the cause of action of any such injured person, or on the verdict,\\nreport, decision, judgment, decree made in, or any settlement or\\ncompromise of, any such action or claim for damages for personal\\ninjuries.\\n 10. The provisions of this section to the contrary notwithstanding,\\nthe lien herein created shall be subordinate to the lien of any hospital\\nclaimed under and to the extent recognized by section one hundred\\neighty-nine of the lien law, but only for treatment, care and\\nmaintenance given, prior to or in excess of the public assistance and\\ncare granted by the public welfare official.\\n 11. The provisions of this section shall not be deemed to adversely\\naffect the right of a public welfare official who has taken an\\nassignment of the proceeds of any such right of action, suit, claim,\\ncounterclaim or demand, to recover under such assignment the total\\namount of assistance and care for which such assignment was made.\\n 12. The provisions of this section to the contrary notwithstanding,\\nthe lien herein created shall not apply with respect to any claim or\\nbenefits payable to the recipients of any form of public assistance or\\ncare, part of which is paid for by the government of the United States\\nor any agency thereof when, in the opinion of the commissioner, such\\nlien would jeopardize the continuation of such federal contribution.\\n 13. The provisions of this section to the contrary notwithstanding,\\nthe public welfare official may in his discretion release to the injured\\nperson an amount not to exceed the cost of two years' maintenance from\\nthe lien herein created.\\n 14. Any inconsistent provision of this chapter or of any other law\\nnotwithstanding, a social services official may not assert any claim\\nunder any provision of this chapter to recover payments of public\\nassistance if such payments were reimbursed by child support\\ncollections.\\n This section shall not apply to any claim or award which is or may be\\nallowed pursuant to the provisions of the workers' compensation law or\\nthe volunteer firefighters' benefit law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "105", "title" : "Claim on insurance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "105", "activeDate" : "2014-09-22", "sequenceNo" : 116, "repealedDate" : null, "fromSection" : "105", "toSection" : "105", "text" : " § 105. Claim on insurance. If a person, who has received public\\nassistance or care, shall die leaving insurance, and the estate of the\\nassured is named as beneficiary, or no beneficiary is named, the social\\nservices official shall be entitled to a preferred claim to be paid out\\nof such insurance to the amount of the cost of such assistance and care,\\nand for funeral expenses not to exceed two hundred fifty dollars. If\\nthe insured leaves a surviving spouse or children under the age of\\ntwenty-one years who are, or are liable to become, public charges, the\\nsocial services official may, in his discretion, waive his claim to such\\ninsurance or any part thereof to which he would otherwise be entitled.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "106-A", "title" : "Exemption from payment of fees for instruments affecting real or personal property; exemption of mortgages from mortgage recording tax", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "106-A", "activeDate" : "2014-09-22", "sequenceNo" : 117, "repealedDate" : null, "fromSection" : "106-A", "toSection" : "106-A", "text" : " § 106-a. Exemption from payment of fees for instruments affecting\\nreal or personal property; exemption of mortgages from mortgage\\nrecording tax. Any inconsistent provision of law notwithstanding, a\\nsocial services official shall not be required to pay any fee to any\\nclerk, register or other public officer for entering, filing,\\nregistering or recording any instrument affecting real or personal\\nproperty or to the surrogate court when such official in taking any\\nproceeding with respect to the estate of a person who was a recipient of\\nbenefits from social services pertaining to the exercise by the social\\nservices official of any of the powers conferred or duties imposed upon\\nhim by any of the provisions of this chapter. Mortgages on real\\nproperty taken by social services officials pursuant to this chapter for\\nassistance and care of persons at public expense shall be exempt from\\nthe mortgage recording taxes imposed by article eleven of the tax law.\\nThe exemption from mortgage recording taxes herein provided shall also\\napply to all mortgages heretofore taken by social services officials and\\nrecorded without payment of mortgage taxes, retroactively to the date of\\nrecording of such mortgages.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "106-B", "title" : "Adjustment for incorrect payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "106-B", "activeDate" : "2014-09-22", "sequenceNo" : 118, "repealedDate" : null, "fromSection" : "106-B", "toSection" : "106-B", "text" : " § 106-b. Adjustment for incorrect payments. Any inconsistent\\nprovision of law notwithstanding, a social services official shall, in\\naccordance with the regulations of the department and consistent with\\nfederal law and regulations, take all necessary steps to correct any\\noverpayment or underpayment to a public assistance recipient; provided,\\nhowever, that a social services official may waive recovery of a past\\noverpayment, in the case of an individual who is not currently a\\nrecipient of public assistance, where the cost of recovery is greater\\nthan the cost of collections as determined in accordance with department\\nregulations consistent with federal law and regulations. For purposes\\nof this section, overpayment shall include payments made to an eligible\\nperson in excess of his needs as defined in this chapter and payments\\nmade to ineligible persons (including payments made to such persons\\npending a fair hearings decision). The commissioner shall promulgate\\nregulations to implement procedures for correcting overpayments and\\nunderpayments. The procedures for correcting overpayments shall be\\ndesigned to minimize adverse impact on the recipient, and to the extent\\npossible avoid undue hardship. Notwithstanding any other provision of\\nlaw to the contrary, no underpayment shall be corrected with respect to\\na person who is currently not eligible for or in receipt of home relief\\nor aid to dependent children, except that corrective payments may be\\nmade with respect to persons formerly eligible for or in receipt of aid\\nto dependent children to the extent that federal law and regulations\\nrequire.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "106-C", "title" : "Crediting of overpayment of tax to obligation of public assistance recipients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "106-C", "activeDate" : "2014-09-22", "sequenceNo" : 119, "repealedDate" : null, "fromSection" : "106-C", "toSection" : "106-C", "text" : " § 106-c. Crediting of overpayment of tax to obligation of public\\nassistance recipients. 1. The commissioner shall enter into an agreement\\nwith the commissioner of taxation and finance which shall set forth the\\nprocedures for the crediting of overpayments of tax owed to an\\nindividual taxpayer, estate or trust to the repayment of overpayments of\\ngrants and allowances owed to the department or a social services\\ndistrict by such person pursuant to the provisions of section one\\nhundred seventy-one-f of the tax law and is authorized to furnish to the\\ncommissioner of taxation and finance such information and to take such\\nother actions as may be necessary to carry out the agreement provided\\nfor in such section, for the crediting of overpayments of tax to\\nrepayment of overpayments of public assistance.\\n The department shall by regulation establish procedures by which any\\nindividual, estate or trust which is the subject of a certification to\\nthe department of taxation and finance in accordance with such agreement\\nmay contest such certification. Such regulations and the notice required\\nby subdivision three of section one hundred seventy-one-f of the tax law\\nshall set forth defenses which may be available to the individual,\\nestate or trust to contest such certification and the manner in which a\\nreview of the certification based on such defenses may be obtained.\\n 2. In accordance with such agreement and the provisions of section one\\nhundred seventy-one-f of the tax law, the department shall be entitled\\nto receive payments to satisfy the payment obligation of a person\\nreceiving or who has received grants and allowances pursuant to section\\none hundred thirty-one-a, section one hundred thirty-one-s, section\\nthree hundred one, and section three hundred fifty-j of this chapter, in\\naccordance with a written final determination of the department or a\\nsocial services district, provided that no proceeding for administrative\\nor judicial review shall then be pending and the time for initiation of\\nsuch proceeding shall have expired.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "107", "title" : "Disposal of seized property and penalties collected", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "107", "activeDate" : "2014-09-22", "sequenceNo" : 120, "repealedDate" : null, "fromSection" : "107", "toSection" : "107", "text" : " § 107. Disposal of seized property and penalties collected. All\\nproperties seized and penalties collected shall be administered in\\naccordance with the direction of the court having jurisdiction. After\\nthe expenses approved by the court have been paid the balance shall be\\nused for the maintenance of such person, or to reimburse the public\\nwelfare fund for expenditures previously made for his assistance or\\ncare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "108", "title" : "Appointment of guardians for minors; notice of accounting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "108", "activeDate" : "2014-09-22", "sequenceNo" : 121, "repealedDate" : null, "fromSection" : "108", "toSection" : "108", "text" : " § 108. Appointment of guardians for minors; notice of accounting. If\\nthe beneficiary of such seized property or penalty which is collected\\nshall be a minor who is not in the custody of a parent and for whom no\\nguardian has been appointed, the court having jurisdiction over the\\nmatter shall appoint a guardian of the property for such minor. Notice\\nof the accounting shall be given to the person, or the executors,\\nadministrators or successors in interest of the person, for whose\\nsupport the property has been seized or the penalty collected, and to\\nthe guardian of any minor affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "109", "title" : "Trust funds to be established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "109", "activeDate" : "2014-09-22", "sequenceNo" : 122, "repealedDate" : null, "fromSection" : "109", "toSection" : "109", "text" : " § 109. Trust funds to be established. A public welfare official\\nshall deposit any funds received from the seizure of property or\\ncollection of penalties for the support of a living person. Such fund\\nshall, as provided in section eighty-seven, be held and used upon such\\nterms as the court shall direct for the benefit of such person. If the\\nbeneficiary of the fund is a minor, the court may require the public\\nwelfare official to give security and to report.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "110-A", "title" : "Special provisions for legal services to enforce support to recover costs of public assistance and care and to establish paternity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "110-A", "activeDate" : "2014-09-22", "sequenceNo" : 123, "repealedDate" : null, "fromSection" : "110-A", "toSection" : "110-A", "text" : " § 110-a. Special provisions for legal services to enforce support to\\nrecover costs of public assistance and care and to establish paternity.\\n1. Any inconsistent provision of law notwithstanding, the appropriating\\nbody of a social services district may authorize and make provision for\\nthe social services commissioner of such district to obtain: (a)\\nnecessary legal services on a fee for service basis or other appropriate\\nbasis which the department may approve, to obtain support from spouses\\nand parents, to recover costs of public assistance and care granted, to\\nestablish paternity, and to initiate and prosecute proceedings for the\\ncommitment of the guardianship and custody of destitute or dependent\\nchildren to authorized agencies, pursuant to the provisions of this\\nchapter and the domestic relations law, the family court act and other\\nlaws, and (b) necessary services of private investigators, licensed\\npursuant to section seventy of the general business law, on a fee for\\nservice or other appropriate basis which the department may approve, to\\nprovide investigative assistance in efforts of the district to locate\\nabsent parents and fathers of children born out of wedlock.\\n 2. Expenditures made by a social services district for the costs of\\nsuch services shall be subject to reimbursement by the state pursuant to\\nthe provisions of section one hundred fifty-three or other appropriate\\nprovisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "110-B", "title" : "Recovery from a person discovered to have property; notice", "docType" : "SECTION", "publishedDates" : [ "2021-10-15", "2022-07-01" ], "docLevelId" : "110-B", "activeDate" : "2022-07-01", "sequenceNo" : 124, "repealedDate" : null, "fromSection" : "110-B", "toSection" : "110-B", "text" : " § 110-b. Recovery from a person discovered to have property; notice.\\nNotwithstanding any law, rule or regulation to the contrary, an\\napplicant for public assistance shall be fully informed in writing that\\nhe or she may be liable to reimburse the state for public assistance\\nbenefits received, as provided for in this title. Notice may be given as\\npart of an informational booklet promulgated by the office of temporary\\nand disability services and as a standalone document on his or her\\nrights and responsibilities. Nothing in this section shall be deemed to\\nprevent the local social services district from maintaining its records\\nelectronically.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111", "title" : "Functions of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111", "activeDate" : "2014-09-22", "sequenceNo" : 125, "repealedDate" : null, "fromSection" : "111", "toSection" : "111", "text" : " § 111. Functions of the department. To assist welfare departments to\\ncarry out their responsibilities, powers and duties to enforce the\\nliability of persons for the support of certain of their dependents who\\nare applicants for or recipients of public assistance or care or who are\\nin receipt of child support services pursuant to section one hundred\\neleven-g of this chapter, the department shall:\\n 1. Continue to act as, and perform the functions of, state\\ninformation agent for the purposes of the uniform interstate family\\nsupport act of this state (article 5-B of the family court act) and\\nreciprocal laws of other states.\\n 2. As required by section three hundred seventy-two-a, aid in the\\nlocation of deserting parents and, for such purpose, operate a central\\nregistry of deserting parents, obtain and transmit pertinent information\\nand data from public officials and agencies and assist in the training\\nof local personnel employed to locate such parents.\\n 3. Stimulate and encourage cooperation, through the holding of\\nmeetings and the exchange of information, between and among public\\nofficials, law enforcement agencies and courts having powers and duties\\nrelating to the enforcement of the liability of persons for the support\\nof indigent members of their families, including cooperation with public\\nofficials, agencies and courts of other states.\\n 4. Upon request, or when required to do so by other provisions of\\nlaw, advise such officials in the performance of their duties\\nhereinabove referred to.\\n 5. Develop or assist in the development of appropriate forms, guides,\\nmanuals, handbooks and other material which may be necessary or useful\\neffectively to accomplish the foregoing and the purposes therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 17 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T6-A", "title" : "Establishment of Paternity and Enforcement of Support", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2020-04-17" ], "docLevelId" : "6-A", "activeDate" : "2020-04-17", "sequenceNo" : 126, "repealedDate" : null, "fromSection" : "111-A", "toSection" : "111-V", "text" : " TITLE 6-A\\n ESTABLISHMENT OF PATERNITY AND ENFORCEMENT OF SUPPORT\\nSection 111-a. Federal aid; state plan.\\n 111-b. Functions, powers and duties of the department.\\n 111-c. Functions, powers and duties of social services\\n officials.\\n 111-d. State reimbursement.\\n 111-e. Reimbursement to the state.\\n 111-f. Federal incentives.\\n 111-g. Availability of paternity and support services.\\n 111-h. Support collection unit.\\n 111-i. Child support standards.\\n 111-j. Interception of unemployment insurance benefits.\\n 111-k. Procedures relating to acknowledgements of parentage,\\n agreements to support, and genetic tests.\\n 111-m. Agreement relating to information obtained by the state\\n directory of new hires.\\n 111-n. Review and cost of living adjustment of support orders.\\n 111-o. Data matches with financial institutions.\\n 111-p. Authority to issue subpoenas.\\n 111-q. Voiding of fraudulent transfers of income or property.\\n 111-r. Requirement to respond to requests for information.\\n 111-s. Access to information contained in government and private\\n records.\\n 111-t. Authority to secure assets.\\n 111-u. Liens.\\n 111-v. Confidentiality, integrity, and security of information.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-A", "title" : "Federal aid; state plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-A", "activeDate" : "2014-09-22", "sequenceNo" : 127, "repealedDate" : null, "fromSection" : "111-A", "toSection" : "111-A", "text" : " § 111-a. Federal aid; state plan. 1. The department is hereby\\ndesignated as the single state agency to supervise the administration of\\nthe state's child support program provided for by this title, and a\\nsingle organizational unit shall be established within the department\\nfor such purposes.\\n 2. The department shall develop and submit a state child support\\nprogram plan as required by part D of title IV of the federal social\\nsecurity act to the federal department of health, education and welfare\\nfor approval pursuant to such part in order to qualify the state for\\nfederal aid under such part. The department shall act for the state in\\nany negotiations relative to the submission and approval of such plan\\nand shall make such arrangements as may be necessary to obtain and\\nretain such approval and to secure for the state the benefits of the\\nprovisions of such federal act relating to child support programs. The\\ndepartment shall promulgate regulations not inconsistent with law as may\\nbe necessary to assure that such plan conforms to the provisions of such\\npart and any federal regulations adopted pursuant thereto. The\\ndepartment shall make all reports required by law to be made to such\\nfederal department in the form and manner required by federal\\nregulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-B", "title" : "Functions, powers and duties of the department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-10", "2017-08-04", "2019-08-16", "2021-07-02", "2023-07-21", "2025-08-01" ], "docLevelId" : "111-B", "activeDate" : "2021-07-02", "sequenceNo" : 128, "repealedDate" : null, "fromSection" : "111-B", "toSection" : "111-B", "text" : " § 111-b. Functions, powers and duties of the department. 1. The single\\norganizational unit within the department shall be responsible for the\\nsupervision of the activities of state and local officials relating to\\nestablishment of paternity of children born out-of-wedlock, location of\\nabsent parents and enforcement of support obligations of legally\\nresponsible relatives to contribute for the support of their dependents.\\n 2. The department is hereby authorized to accept, on behalf of the\\nstate and the social services districts concerned, assignments of\\nsupport rights owed to persons receiving (i) aid to dependent children\\npursuant to title ten of article five of this chapter or, (ii) where\\nappropriate, foster care maintenance payments made pursuant to title\\nIV-E of the federal social security act; provided however, that it will\\nnot be appropriate where such requirement will have a negative impact\\nupon the health, safety or welfare of such child or other individuals in\\nthe household or impair the likelihood of the child returning to his or\\nher family when discharged from foster care or, (iii) home relief\\npursuant to title three of article five of this chapter. Notwithstanding\\nany inconsistent provisions of title six of this article or any other\\nprovisions of law, the department may enforce such assigned support\\nrights either directly, through social services officials or, if there\\nis in effect an approved agreement between the social services official\\nand another governmental agency, through such other agency. In any\\nproceeding to enforce such assignment, the official bringing such\\nproceeding shall have the same rights as if the proceeding were being\\nbrought to enforce section four hundred fifteen of the family court act.\\n 2-a. The department shall prepare a notice which shall be distributed\\nby social services officials to persons who may be required to assign\\nsupport rights which notice shall explain the rights and obligations\\nthat may result from the establishment of paternity and the right of the\\nassignor to be kept informed, upon request, of the time, date and place\\nof any proceedings involving the assignor and such other information as\\nthe department believes is pertinent. The notice shall state that the\\nattorney initiating the proceeding represents the department.\\n 3. In appropriate cases, the department is authorized to utilize\\nsupport enforcement and collection and location services made available\\nthrough the secretary of health and human services, including the\\nservices of federal courts, the federal parent locator service, the\\nfederal case registry of child support orders, the national directory of\\nnew hires, and the treasury department, if and so long as authorized and\\nrequired by federal law.\\n 4. The department shall maintain and operate a parent locator service\\nwith respect to cases being provided services pursuant to this title.\\n To effectuate the purposes of this subdivision, the commissioner shall\\nrequest and receive from the departments, authorities, boards, bureaus,\\ncommissions, corporations, councils, funds, offices, or other agencies\\nof the state, or any of its political subdivisions, and all such\\norganizational entities of the state and social services districts are\\nhereby directed, to provide and the political subdivisions are hereby\\nauthorized to provide, such assistance and data as will enable the\\ndepartment and social services districts to properly carry out their\\npowers and duties to locate such parents and to enforce their liability\\nfor the support of their children. Any records established pursuant to\\nthe provisions of this section shall be available only to the secretary\\nof health and human services, office of the inspector general, social\\nservices districts, district attorneys, county attorneys, corporation\\ncounsels, and courts having jurisdiction in any proceeding under article\\nfour, five, five-A, or five-B of the family court act; provided,\\nhowever, no organizational entity of the state need make available any\\ndata or information which is otherwise required by statute to be\\nmaintained in a confidential manner.\\n 4-a. (a) The department shall maintain and operate a state case\\nregistry that contains records with respect to:\\n (1) each case receiving services pursuant to this title; and\\n (2) each support order established or modified in the state on or\\nafter the first day of October, nineteen hundred ninety-eight.\\n (b) For the purpose of subparagraph two of paragraph (a) of this\\nsubdivision, the term support order means a judgment, decree, or order,\\nwhether temporary, final, or subject to modification, issued by a court\\nor an administrative agency of competent jurisdiction, including any\\nadjusted order issued by a support collection unit, for the support and\\nmaintenance of a child, including a child who has attained the age of\\nmajority under the law of the issuing state, or a child and the parent\\nwith whom the child is living, which provides for monetary support,\\nhealth care, arrearages, or reimbursement, and which may include related\\ncosts and fees, interest and penalties, income withholding, attorney's\\nfees, and other relief.\\n (c) Each case record in the state case registry with respect to cases\\ndescribed in subparagraph one of paragraph (a) of this subdivision for\\nwhich a support order has been established shall include a record of:\\n (1) the amount of monthly (or other periodic) support owed under the\\norder, and other amounts (including arrearages, interest or late payment\\npenalties, and fees) due or overdue under the order;\\n (2) any amount described in subparagraph one of this paragraph that\\nhas been collected;\\n (3) the distribution of such collected amounts;\\n (4) the birth date of any child for whom the order requires the\\nprovision of support; and\\n (5) the amount of any lien imposed with respect to the order pursuant\\nto section one hundred eleven-u of this article.\\n (d) The department shall update and monitor each case record in the\\nstate registry described in subparagraph one of paragraph (a) of this\\nsubdivision on the basis of:\\n (1) information on administrative actions and administrative and\\njudicial proceedings and orders relating to paternity and support;\\n (2) information obtained from comparison with federal, state or local\\nsources of information;\\n (3) information on support collections and distributions; and\\n (4) any other relevant information.\\n (e) Information maintained as part of the state case registry shall be\\nmade available to other state and federal agencies as provided for in\\nfederal statutes and regulations promulgated by the federal secretary of\\nhealth and human services.\\n 5. (a) There shall be established for each state fiscal year a\\nstatewide child support collections goal for amounts of collections of\\nsupport obligations pursuant to this title, which goal shall be set\\nforth in that portion of the state's local assistance budget intended\\nfor the appropriation of reimbursement to social services districts\\npursuant to this chapter. The commissioner shall, subject to the\\napproval of the director of the budget, annually allocate a portion of\\nthe statewide goal to each social services district, which portion shall\\nbe based upon the district's portion of the statewide aid to dependent\\nchildren program and other relevant factors.\\n (b) Notwithstanding any inconsistent provision of section one hundred\\nfifty-three of this chapter, for each social services district which\\nfails to meet its portion of the collection goal established by this\\nsection, the commissioner shall deny state reimbursement for such\\ndistrict's expenditures for aid to dependent children, in an amount\\nequal to the difference between the amount of non-federal funds such\\ndistrict is required to repay to the state out of collections actually\\nmade and the amount of non-federal funds such district would have been\\nrequired to repay to the state had it met its collection goal.\\n (c) Any social services district which has been determined to have\\nfailed to meet its portion of the collection goal may request a\\nredetermination by the commissioner or his designee in a manner to be\\nestablished by department regulations. Upon a showing by such district\\nthat such failure was due in whole or in part to factors other than\\nthose administrative and processing functions or organizations which are\\nsubject to the jurisdiction of such district's local legislative body,\\nthe commissioner shall waive such failure in whole or in part and shall\\nrestore all or a corresponding portion of any state reimbursement\\npreviously denied pursuant to this section.\\n (d) For purposes of determining the amount of child support\\ncollections which are attributable toward meeting a district's portion\\nof the statewide collections goal, any amounts collected by one social\\nservices district on behalf of another shall be credited to the district\\nto which support payments have been assigned. Support payments collected\\non behalf of another state or on behalf of persons not in receipt of aid\\nto dependent children shall not be taken into consideration in\\ndetermining whether such district has met its goal.\\n (e) The department may for purposes of administrative convenience set\\nmonthly or quarterly goals based upon each district's annual goal and\\nmay deny reimbursement on a monthly or quarterly basis, subject to a\\nfinal adjustment at the end of each year reflecting the extent to which\\neach such district has met its portion of the statewide annual goal.\\n 6. When the commissioner has determined that a social services\\ndistrict has failed to meet its portion of the statewide child support\\ncollections goal, as determined in accordance with the provisions of\\nsubdivision five of this section, or has failed to comply with the\\napplicable provisions of federal law and regulations, he shall notify\\nsuch district and the appropriate local legislative body of such\\ndetermination and may promulgate any regulations he determines are\\nnecessary to improve such district's organization, administration,\\nmanagement or program. Such regulations shall be fully complied with by\\nthe effective date of such regulations.\\n 7. The department, through the commissioner, shall enter into the\\nagreement provided for in section one hundred seventy-one-c of the tax\\nlaw and is authorized to furnish to the commissioner of taxation and\\nfinance and the state tax commission such information and to take such\\nother actions as may be necessary to carry out the agreement provided\\nfor in such section, for the crediting of overpayments of tax to\\npast-due support which is owed to persons receiving services pursuant to\\nthis title and title six-B of this article. A person receiving services\\nunder this title shall receive a pro rata share of the overpayment of\\ntax, based on the amount of past-due support owed to such person as\\ncertified to the tax commission by the department pursuant to section\\none hundred seventy-one-c of the tax law, in cases where the individual,\\nestate or trust owing past-due support to such person owes past-due\\nsupport to other persons or entities so certified to the tax commission\\nby the department. Amounts certified to the state tax commission under\\nsuch agreement may include amounts specified in subdivision eight of\\nthis section. The amount paid by the state comptroller to the department\\npursuant to subdivision one of section one hundred seventy-one-c of the\\ntax law shall be distributed in accordance with applicable provisions of\\nthis chapter and the department's regulations. To the extent permitted\\nby federal law, the department may also certify amounts to the federal\\ndepartment of health and human services for tax interception to the same\\nextent as it certifies amounts pursuant to such section of the tax law.\\n The department shall by regulation establish procedures by which any\\nindividual, estate or trust which is the subject of a certification to\\nthe state tax commission in accordance with such agreement may contest\\nsuch certification based on defenses that are not subject to family\\ncourt jurisdiction. Such regulations and the notice required by\\nsubdivision four of section one hundred seventy-one-c of the tax law\\nshall set forth defenses which may be available to the individual,\\nestate or trust to contest such certification, and the manner in which a\\nreview of the certification based on such defenses may be obtained.\\n 8. (a) Amounts certified to the state tax commission under the\\nagreement described in subdivision seven of this section for persons who\\nare receiving services pursuant to this title may include:\\n (i) amounts representing delinquencies which have accrued under a\\ncourt order of support;\\n (ii) with respect to any court order of support made before September\\nfirst, nineteen hundred eighty-four which provided for periodic payments\\ntoward an established arrears amount, the entire amount of such arrears\\nwhere the respondent is, at any time after September first, nineteen\\nhundred eighty-four, delinquent in making such periodic payments; and\\n (iii) with respect to any court order of support made on or after\\nSeptember first, nineteen hundred eighty-four which establishes an\\narrears amount, the entire amount of such arrears, unless such order\\nincludes a finding that anticipated tax refunds pursuant to the most\\nrecently filed state and federal tax returns have been considered by the\\ncourt and taken into account in determining the amount of periodic\\npayments to be made toward the arrears amount, or in determining the\\namount of the current support order, and expressly provides that such\\narrears are not to be so certified.\\n (b) For the purpose of the state child support program any payment\\nmade by a respondent which is insufficient to fully satisfy both a\\ncurrent court order of support and a periodic payment toward the balance\\nof any arrears amount established by court order shall be first applied\\ntoward the current order of support or any delinquency thereon and then\\ntoward the periodic payment on any arrears amount established by court\\norder unless otherwise required by federal regulation.\\n * 10. (a) The department, through the commissioner, shall enter into\\nthe agreement provided for in section sixteen hundred thirteen-a of the\\ntax law and is authorized to furnish to the director of the lottery and\\nthe division of the lottery such information and to take such other\\nactions as may be necessary to carry out the provisions of the agreement\\nprovided for in such section, for the crediting of lottery prizes of six\\nhundred dollars or more to past-due support which is owed to persons\\nreceiving services pursuant to this title. A person receiving services\\nunder this title shall receive a pro rata share of the prize winning\\nbased on the amount of past-due support owed to such person as provided\\nto the division of the lottery by the department pursuant to section\\nsixteen hundred thirteen-a of the tax law, in cases where the\\nindividual, estate or trust owing past-due support to such person owes\\npast-due support to other persons or entities so provided to the\\ndivision of the lottery by the department. Amounts provided to the\\ndivision of the lottery under such agreement may include amounts\\nspecified in this subdivision. The amount paid by the state comptroller\\nto the department pursuant to subdivision one of section sixteen hundred\\nthirteen-a of the tax law shall be distributed in accordance with\\napplicable provisions of this chapter and the department's regulations.\\n (b) The department shall by regulation establish procedures by which\\nany individual, estate or trust which is the subject of crediting of any\\nlottery prize of six hundred dollars or more to the state division of\\nthe lottery in accordance with such agreement may contest such crediting\\nbased on defenses that are not subject to family court jurisdiction.\\nSuch regulations shall require that notice be given to the individual,\\nestate or trust which shall set forth:\\n (i) defenses which may be available to the individual, estate or trust\\nto contest such crediting;\\n (ii) the manner in which a review of the crediting of lottery prizes\\nof six hundred dollars or more based on such defenses may be obtained;\\n (iii) the address and telephone number of the local department of\\nsocial services' support collection unit which may be contacted with\\nrespect to correction of any error in such crediting concerning such\\nindividual's, estate's or trust's liability for past-due support or with\\nrespect to payment of such liability; and\\n (iv) the time frame by which such a defense must be made.\\n * NB There are 2 sb 10's\\n * 10. The commissioner must review the child support standards act at\\nleast once every four years to ensure that its application results in\\nthe determination of appropriate child support amounts. As part of such\\nreview, the commissioner must consider economic data on the cost of\\nraising children and analyze case data, gathered through sampling or\\nother methods, on the application of, and deviations from the basic\\nchild support obligation. The analysis of the data must be used to\\nensure that such deviations are limited and, if appropriate, necessary\\nrevisions to the child support standards act must be submitted to the\\nlegislature to accomplish such purpose.\\n * NB There are 2 sb 10's\\n 11. (a) Amounts certified to the division of the lottery under the\\nagreement described in subdivision ten of this section for persons who\\nare receiving services pursuant to this title may include:\\n (i) amounts representing delinquencies which have accrued under a\\ncourt order of support;\\n (ii) with respect to any court order of support made which establishes\\nan arrears amount, the entire amount of such arrears.\\n (b) For the purpose of the state child support program any payment\\nmade by a respondent which is insufficient to fully satisfy both a\\ncurrent court order of support and a periodic payment toward the balance\\nof any arrears amount established by court order shall be first applied\\ntoward the current order of support or any delinquency thereon and then\\ntoward the periodic payment on any arrears amount established by court\\norder unless otherwise required by federal regulation.\\n * 12. (a) The department, through the commissioner, shall enter into\\nthe agreement provided for in section five hundred ten of the vehicle\\nand traffic law and is authorized to furnish to the commissioner of\\nmotor vehicles such information and to take such actions as may be\\nnecessary to carry out the agreement provided for in such section, for\\nthe enforcement of child support orders through the suspension of\\ndelinquent obligors' driving privileges.\\n (b) (1) When a support obligor who is or was under a court order to\\npay child support or combined child and spousal support to a support\\ncollection unit on behalf of persons receiving services under this title\\nhas accumulated support arrears equivalent to or greater than the amount\\nof support due pursuant to such order for a period of four months, the\\noffice of temporary and disability assistance shall notify the support\\nobligor in writing that his or her continued failure to pay the support\\narrears shall result in notification to the department of motor vehicles\\nto suspend the support obligor's driving privileges unless the support\\nobligor complies with the requirements set forth in paragraph (e) of\\nthis subdivision. For purposes of determining whether a support obligor\\nhas accumulated support arrears equivalent to or greater than the amount\\nof support due for a period of four months, the amount of any\\nretroactive support, other than periodic payments of retroactive support\\nwhich are past due, shall not be included in the calculation of support\\narrears pursuant to this section; however, if at least four months of\\nsupport arrears have accumulated subsequent to the date of the court\\norder, the entire amount of any retroactive support may be collected\\npursuant to the provisions of this subdivision or as otherwise\\nauthorized by law.\\n (2) The department shall provide the notice required by subparagraph\\none of this paragraph by first class mail to the support obligor's last\\nknown address or such other place where the support obligor is likely to\\nreceive notice, or in the same manner as a summons may be served.\\nForty-five days after the date of such notice, if the support obligor\\nhas not challenged the determination of the support collection unit\\npursuant to subparagraph one of paragraph (d) of this subdivision or if\\nthe support obligor has failed to satisfy the arrears/past due support\\nor to otherwise comply with the requirements set forth in paragraph (e)\\nof this subdivision, the department shall notify the department of motor\\nvehicles that the support obligor's driving privileges are to be\\nsuspended pursuant to section five hundred ten of the vehicle and\\ntraffic law. Upon the support obligor's compliance with the provisions\\nof paragraph (e) of this subdivision, the department shall advise the\\ndepartment of motor vehicles within five business days that the\\nsuspension of the support obligor's driving privileges shall be\\nterminated. If the support obligor appears in person at the support\\ncollection unit to satisfy the requirements of paragraph (e) of this\\nsubdivision, the support collection unit shall immediately provide a\\nnotice of compliance to the support obligor, in addition to the notice\\nsent directly to the department of motor vehicles.\\n (3) Notwithstanding the requirements of this subdivision, no notice\\nshall be issued by the department pursuant to subparagraph one of this\\nparagraph to a support obligor from whom support payments are being\\nreceived by the support collection unit as a result of an income\\nexecution or an income deduction order issued pursuant to section five\\nthousand two hundred forty-one or five thousand two hundred forty-two of\\nthe civil practice law and rules.\\n (c) The notice provided to a support obligor by the department\\npursuant to paragraph (b) of this subdivision shall contain the caption\\nof the order of support, the date the order of support was entered, the\\ncourt in which it was entered, the amount of the periodic payments\\ndirected, and the amount of arrears/past due support. In addition, the\\nnotice shall include:\\n (1) an explanation of the action required pursuant to paragraph (e) of\\nthis subdivision to be taken by the support obligor to avoid the\\nsuspension of his or her driving privileges;\\n (2) a statement that forty-five days after the date of the notice, the\\ndepartment of motor vehicles will be notified to suspend the support\\nobligor's driving privileges unless the support obligor may challenge\\nthe support collection unit's determination as set forth in paragraph\\n(d) of this subdivision within forty-five days of the date of such\\nnotice; a statement of the manner in which the support obligor may\\nchallenge the determination, and a statement that if the support obligor\\nchallenges the determination, a review will be completed by the support\\ncollection unit within seventy-five days of the date of the notice;\\n (3) a statement that if the support obligor does not challenge the\\nsupport collection unit's determination then the department of motor\\nvehicles shall be notified to suspend the support obligor's driving\\nprivileges unless the support obligor contacts the support collection\\nunit to arrange for full payment or commencement of satisfactory payment\\narrangements on the arrears/past due support, or to comply otherwise\\nwith the requirements set forth in paragraph (e) of this subdivision,\\nwithin forty-five days of the date of the notice;\\n (4) the address and telephone number of the support collection unit\\nthat the support obligor may contact to request information about a\\nchallenge or to comply with the requirements set forth in paragraph (e)\\nof this subdivision;\\n (5) a statement that the suspension of driving privileges will\\ncontinue until the support obligor pays the support arrears or complies\\notherwise with the requirements set forth in paragraph (e) of this\\nsubdivision; and\\n (6) a statement printed in boldface type that the support obligor's\\nintentional submission of false written statements to the support\\ncollection unit for the purpose of frustrating or defeating the lawful\\nenforcement of support obligations is punishable pursuant to section\\n175.35 of the penal law.\\n (d) (1) A support obligor may challenge in writing the correctness of\\nthe determination of the support collection unit that the obligor's\\ndriving privileges should be suspended, and in support of the challenge\\nmay submit documentation demonstrating mistaken identity, error in\\ncalculation of arrears, financial exemption from license suspension\\npursuant to the conditions enumerated in paragraph (e) of this\\nsubdivision, the absence of an underlying court order to support such\\ndetermination, or other reason that the person is not subject to such\\ndetermination. Such documents may include but are not limited to a copy\\nof the order of support pursuant to which the obligor claims to have\\nmade payment, other relevant court orders, copies of cancelled checks,\\nreceipts for support payments, pay stubs or other documents identifying\\nwage withholding, and proof of identity. The support collection unit\\nshall review the documentation submitted by the support obligor, shall\\nadjust the support obligor's account if appropriate, and shall notify\\nthe support obligor of the results of the review initiated in response\\nto the challenge within seventy-five days from the date of the notice\\nrequired by paragraph (b) of this subdivision. If the support collection\\nunit's review indicates that the determination to suspend driving\\nprivileges was correct, the support collection unit shall notify the\\nsupport obligor of the results of the review and that the support\\nobligor has thirty-five days from the date of mailing of such notice to\\nsatisfy the full amount of the arrears or commence payment of the\\narrears/past due support as specified in paragraph (e) of this\\nsubdivision and if the support obligor fails to do so, the support\\ncollection unit shall notify the department of motor vehicles to suspend\\nthe support obligor's driving privileges pursuant to section five\\nhundred ten of the vehicle and traffic law. The support obligor shall be\\nfurther notified that if the support obligor files objections with the\\nfamily court and serves these objections on the support collection unit\\nwithin thirty-five days from the date of mailing of the notice denying\\nthe challenge pursuant to subdivision five of section four hundred\\nfifty-four of the family court act, the support collection unit shall\\nnot notify the department of motor vehicles to suspend the support\\nobligor's driving privileges until fifteen days after entry of judgement\\nby the family court denying the objections.\\n (2) A support obligor may within thirty-five days of mailing of the\\nnotice denying his or her challenge by the support collection unit\\nrequest that the family court review the support collection unit's\\ndetermination pursuant to subdivision five of section four hundred\\nfifty-four of the family court act. If the support obligor requests the\\nfamily court to review the determination of the support collection unit,\\nthe support collection unit shall not notify the department of motor\\nvehicles to suspend the support obligor's driving privileges until\\nfifteen days after mailing of a copy of the judgment by the family court\\nto the support obligor denying the objections.\\n (e) A support obligor who has received a notice that his or her\\ndriving privileges shall be suspended may avoid the suspension by:\\n (1) making full payment of all arrears/past due support to the support\\ncollection unit; or\\n (2) making satisfactory payment arrangements with the support\\ncollection unit for payment of the arrears/past due support and the\\ncurrent support obligation. \"Satisfactory payment arrangements\" shall\\nmean:\\n (i) execution of a confession of judgment for the total balance of the\\narrears/past due support; and\\n (ii) execution of a verified statement of net worth on a form\\nprescribed by the commissioner setting forth the obligor's income from\\nall sources, liquid assets and holdings, copies of the obligor's drivers\\nlicense, most recent federal and state tax return, and a representative\\npay stub, and an eighteen month employment history; and\\n (iii) execution and verification of a stipulation that the obligor\\nwill notify the support collection unit of all future changes of address\\nuntil such time as the obligation to pay support is terminated; and\\n (iv) payment of support to the support collection unit by income\\nexecution pursuant to section five thousand two hundred forty-one of the\\ncivil practice law and rules, which shall include deductions sufficient\\nto ensure compliance with the direction in the order of support and\\nshall include an additional amount to be applied to the reduction of\\narrears as required by subdivision (b) of such section, or by execution\\nof an agreement for payment of the arrears/past due support and any\\ncurrent support directly to the support collection unit in an amount\\nwhich is consistent with that which would have been made under such an\\nincome execution; provided however, that where the support obligor fails\\nto comply with the agreement, he/she may avoid or terminate the\\nsuspension of driving privileges only by making at least fifty percent\\npayment of all arrears/past due support to the support collection unit\\nand in addition, entering into a payment plan pursuant to this\\nsubdivision with the support collection unit within fifteen days.\\nHowever, in any case when the support obligor fails to comply with a\\npayment plan as described herein more than once within twelve months,\\nthe obligor must pay the balance of all arrears/past due support to\\navoid or terminate license suspension. \"Failure to comply\" for these\\npurposes shall mean missing payments in an amount equivalent to four\\nmonths of support under the payment plan, unless the support obligor\\ndemonstrates that he or she has filed a petition for modification that\\nis pending; or\\n (3) providing documentation that shows the support obligor is\\nreceiving public assistance or supplemental security income; or\\n (4) providing to the support collection unit the documentation\\nrequired by clauses (i) through (iii) of subparagraph two of this\\nparagraph, where such documentation is sufficient for the support\\ncollection unit to determine:\\n (i) that the support obligor's income, as defined by subparagraph five\\nof paragraph (b) of subdivision one of section four hundred thirteen of\\nthe family court act, falls below the self-support reserve as defined by\\nsubparagraph six of paragraph (b) of subdivision one of section four\\nhundred thirteen of the family court act; or\\n (ii) that the amount of the support obligor's income, as defined by\\nsubparagraph five of paragraph (b) of subdivision one of section four\\nhundred thirteen of the family court act, remaining after the payment of\\nthe current support obligation would fall below the self-support reserve\\nas defined by subparagraph six of paragraph (b) of subdivision one of\\nsection four hundred thirteen of the family court act.\\n (f) A support obligor who alleges that he or she has not received\\nactual notice pursuant to paragraph one of subdivision (b) of this\\nsection and whose driving privileges were suspended may at any time\\nrequest a review pursuant to subdivision (d) of this section or comply\\nwith the requirements of subdivision (e) of this section, and upon a\\ndetermination that he or she has not accumulated support arrears\\nequivalent to or greater than the amount of support due for a period of\\nfour months or that he or she meets the requirements of subdivision (e)\\nof this section, the department shall notify the department of motor\\nvehicles that the suspension of driving privileges shall be terminated.\\n * NB Repealed August 31, 2023\\n 13. (a) The commissioner shall enter into the agreement provided for\\nin section one hundred seventy-one-g of the tax law and is authorized to\\nfurnish to the commissioner of taxation and finance any information, and\\nto take such other actions, as may be necessary to carry out the\\nagreement provided for in such section, for the purpose of reviewing\\nsupport orders pursuant to subdivision twelve of section one hundred\\neleven-h of this title.\\n (b) Information obtained under paragraph (a) of this subdivision shall\\nbe confidential and shall not be disclosed to persons or agencies other\\nthan those entitled to such information when such disclosure is\\nnecessary for the proper administration of the child support enforcement\\nprogram pursuant to this title.\\n 14. For purposes of this subdivision, the department or, pursuant to\\ncontract, a fiscal agent is authorized to collect and disburse any\\nsupport paid pursuant to any order of child support or combined child\\nand spousal support issued on or after the first day of January,\\nnineteen hundred ninety-four under the provisions of section two hundred\\nthirty-six or two hundred forty of the domestic relations law, or\\narticle four, five, five-A or five-B of the family court act, and which\\nthe court has ordered to be paid pursuant to an income execution issued\\nby the sheriff, the clerk of the court, or the attorney for the creditor\\npursuant to subdivision (c) of section five thousand two hundred\\nforty-one of the civil practice law and rules or an income deduction\\norder issued by the court pursuant to subdivision (c) of section five\\nthousand two hundred forty-two of the civil practice law and rules. Such\\nsupport received shall be disbursed within two business days of receipt.\\nThe department shall maintain records of its collection and disbursement\\nof such support and furnish such records to the parties to the order\\nupon request. The department shall be entitled to collect an annual\\nservice fee not to exceed the maximum fee permitted pursuant to federal\\nlaw for its provision of such services. Funds received in satisfaction\\nof such fee shall be deposited in an account and shall be made available\\nto the department for costs incurred in the implementation of this\\nsection. The department shall not furnish any additional services to the\\nparties; however, a party seeking child support services may apply for\\nsuch services pursuant to section one hundred eleven-g of this title.\\nThe department shall not be responsible for the collection and\\ndisbursement of any support until after it has received a copy of the\\nincome execution from the sheriff, the clerk of the court, or the\\nattorney for the creditor or a copy of the income deduction order issued\\nby the court and the person entitled to the payment of support pursuant\\nto the order of support has submitted payment of the annual service fee\\nif any, and unless its records show that it has received such support on\\nbehalf of the parties to the order, and that the party to whom the funds\\nare to be disbursed has provided the department with any address\\nchanges.\\n 15. (a) The department, through the commissioner, shall enter into the\\nagreement provided for in section one hundred seventy-one-i of the tax\\nlaw and is authorized to furnish to the commissioner of taxation and\\nfinance such information and to take such other actions as may be\\nnecessary to carry out such agreement.\\n (b) (1) When a support obligor who is or was under a court order to\\npay child support or combined child and spousal support to a support\\ncollection unit on behalf of persons receiving services under this title\\nhas accumulated support arrears equivalent to or greater than the amount\\nof support due pursuant to such order for a period of four months, the\\noffice of temporary and disability assistance shall notify the support\\nobligor in writing that his or her continued failure to fully pay the\\nsupport arrears shall result in notification to the department of\\ntaxation and finance that they are authorized to collect such arrearage.\\nFor purposes of determining whether a support obligor has accumulated\\nsupport arrears equivalent to or greater than the amount of support due\\nfor a period of four months, the amount of any retroactive support,\\nother than periodic payments of retroactive support which are past due,\\nshall not be included in the calculation of support arrears pursuant to\\nthis section; however, if at least four months of support arrears have\\naccumulated subsequent to the date of the court order, the entire amount\\nof any retroactive support may be collected pursuant to the provisions\\nof this subdivision or as otherwise authorized by law.\\n (2) The department shall provide the notice required by subparagraph\\none of this paragraph by first class mail to the support obligor's last\\nknown address or such other place where the support obligor is likely to\\nreceive notice by first class mail. Forty-five days after the date of\\nsuch notice, if the support obligor has not challenged the determination\\nof the support collection unit pursuant to subparagraph one of paragraph\\n(d) of this subdivision or if the support obligor has failed to satisfy\\nthe arrears, the department shall notify the department of taxation and\\nfinance that the support obligor's support arrearage are authorized to\\nbe collected as prescribed in subparagraph one of this paragraph.\\n (3) Notwithstanding the requirements of this subdivision, no notice\\nshall be issued by the department pursuant to subparagraph one of this\\nparagraph to a support obligor from whom support payments are being\\nreceived by the support collection unit as a result of an income\\nexecution or an income deduction order issued pursuant to section five\\nthousand two hundred forty-one or five thousand two hundred forty-two of\\nthe civil practice law and rules.\\n (c) The notice provided to a support obligor by the department\\npursuant to paragraph (b) of this subdivision shall contain the caption\\nof the order of support, the date the order of support was entered, the\\ncourt in which it was entered, the amount of the periodic payments\\ndirected, and the amount of arrears. In addition, the notice shall\\ninclude:\\n (1) a statement that unless the support arrears are satisfied within\\nforty-five days after the date of the notice, the department of taxation\\nand finance will be notified that they are authorized to commence\\ncollection action unless the support obligor challenges the support\\ncollection unit's determination as set forth in paragraph (d) of this\\nsubdivision within forty-five days of the date of such notice; a\\nstatement of the manner in which the support obligor may challenge the\\ndetermination, and a statement that if the support obligor challenges\\nthe determination, a review will be completed by the support collection\\nunit within seventy-five days of the date of the notice;\\n (2) a statement that if the support obligor does not challenge the\\nsupport collection unit's determination then the department of taxation\\nand finance shall be notified that they are authorized to commence\\ncollection action unless the support obligor contacts the support\\ncollection unit to arrange for full payment of the arrears;\\n (3) the address and telephone number of the support collection unit\\nthat the support obligor may contact to request information about a\\nchallenge to the determination of the support collection unit;\\n (4) a statement that the collection actions by the department of\\ntaxation and finance is authorized to continue until the support obligor\\npays the support arrears; and\\n (5) a statement printed in boldface type that the support obligor's\\nintentional submission of false written statements to the support\\ncollection unit for the purpose of frustrating or defeating the lawful\\nenforcement of support obligations is punishable pursuant to section\\n175.35 of the penal law.\\n (d) A support obligor who has received a notice that his or her\\nsupport arrearage shall be referred to the department of taxation and\\nfinance for collection action may avoid such action by making payment of\\nall arrears to the support collection unit; providing documentation that\\nshows the support obligor is receiving public assistance, medical\\nassistance, food stamps or supplemental security income; or providing to\\nthe support collection unit the documentation sufficient for the support\\ncollection unit to determine:\\n (1) an error in the calculation of the obligor's support arrears which\\nwould render the obligor ineligible for collection by the department of\\ntaxation and finance; or\\n (2) a mistake in the identity of the obligor showing that the\\nindividual making the challenge is not the obligor identified by the\\ndepartment; or\\n (3) the absence of an underlying court order for support pursuant to\\nwhich the obligor's arrears gave rise to eligibility for collection\\naction on such arrears by the department of taxation and finance.\\n 16. Bureaus of special hearings; child support unit. (a) The\\ndepartment is authorized to establish a bureau of special hearings;\\nchild support unit solely for the purposes of providing administrative\\nlaw judges to decide objections to the determination of a support\\ncollection unit to refer an obligor's arrears to the department of\\ntaxation and finance for collection pursuant to subdivision nineteen of\\nsection one hundred eleven-h of this title. The administrative law\\njudges employed by the unit shall serve exclusively within the unit and\\nshall not be utilized for any purpose other than those described in this\\nsubdivision and shall be salaried employees of the department and shall\\nnot be removed from such unit except for cause.\\n (b) The unit shall review a support collection unit's denial of a\\nchallenge made by a support obligor pursuant to paragraph two of\\nsubdivision nineteen of section one hundred eleven-h of this title if\\nobjections thereto are filed by a support obligor who has received\\nnotice that the department intends to notify the department of taxation\\nand finance to collect such support obligor's support arrears. Specific\\nwritten objections to a support collection unit's denial must be\\nsubmitted by the support obligor to the unit within thirty days of the\\ndate of the notice of the support collection unit's denial. A support\\nobligor who files such objections shall serve a copy of the objections\\nupon the support collection unit, which shall have ten days from such\\nservice to file a written rebuttal to such objections and a copy of the\\nrecord upon which the support collection unit's denial was made,\\nincluding all documentation submitted by the support obligor. Proof of\\nservice shall be filed with the unit at the time of filing of objections\\nand any rebuttal. The unit's review shall be based solely upon the\\nrecord and submissions of the support obligor and the support collection\\nunit upon which the support collection unit's denial was made. Within\\nfifteen days after the rebuttal, if any, is filed, an administrative law\\njudge of the unit shall (i) deny the objections and remand to the\\nsupport collection unit or (ii) affirm the objections if the\\nadministrative law judge finds the determination of the support\\ncollection unit is based upon an erroneous determination of fact by the\\nsupport collection unit. Such decision shall pertain solely to the\\nmistaken identity of the obligor, a prejudicial error in the calculation\\nof the obligor's arrears, the obligor's financial exemption from\\ncollection of support arrears by the department of taxation and finance\\nor the absence of an underlying court order establishing arrears to\\nsupport eligibility for such enforcement. Upon an affirmation of the\\nobjections the administrative law judge shall direct the support\\ncollection unit not to notify the department of taxation and finance of\\ntheir authority to collect the support obligor's arrears. Provisions set\\nforth in this subdivision relating to procedures for hearing objections\\nby the unit shall apply solely to such cases and not affect or modify\\nany other procedure for review or appeal of administrative enforcement\\nof child support requirements. The decision of the administrative law\\njudge pursuant to this section shall be final and not reviewable by the\\ncommissioner, and shall be reviewable only pursuant to article\\nseventy-eight of the civil practice law and rules.\\n 17. Special services for review and adjustment. The department shall\\ndevelop procedures for and require local social services districts to\\ndedicate special staff to the review and adjustment of child support\\norders entered prior to September fifteenth, nineteen hundred\\neighty-nine on behalf of children in receipt of public assistance or\\nchild support services pursuant to section one hundred eleven-g of this\\ntitle. Such review and adjustment shall be performed pursuant to\\nsubdivisions twelve, thirteen, fourteen, fifteen and sixteen of section\\none hundred eleven-h of this title. All such cases shall be reviewed and\\nif necessary adjusted no later than December thirty-first, two thousand.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-C", "title" : "Functions, powers and duties of social services officials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2021-02-19" ], "docLevelId" : "111-C", "activeDate" : "2021-02-19", "sequenceNo" : 129, "repealedDate" : null, "fromSection" : "111-C", "toSection" : "111-C", "text" : " § 111-c. Functions, powers and duties of social services officials.\\n1. Each social services district shall establish a single organizational\\nunit which shall be responsible for such district's activities in\\nassisting the state in the location of absent parents, establishment of\\nparentage and enforcement and collection of support in accordance with\\nthe regulations of the department.\\n 2. Each social services district shall:\\n a. obtain assignments to the state and to such district of support\\nrights of each applicant for or recipient of public assistance required\\nto execute such an assignment as a condition of receiving assistance;\\n b. report to the state all recipients of public assistance with\\nrespect to whom a parent has been reported absent from the household;\\n c. obtain information regarding the income and resources of absent\\nparents whose whereabouts are known, and shall have access to the\\nstatement of net worth filed pursuant to section four hundred\\ntwenty-four-a of the family court act and supporting documentation in\\nany case where support collection services are being provided as may be\\nnecessary to ascertain their ability to support or contribute to the\\nsupport of their dependents;\\n d. enforce support obligations owed to the state and to the social\\nservices district pursuant to subdivision two of section one hundred\\neleven-b of this title; and disburse amounts collected as support\\npayments in accordance with the provisions of this chapter and the\\nregulations of the department, including the disbursement to the family\\nin receipt of public assistance of up to the first one hundred dollars\\nfor one child, and up to the first two hundred dollars for two or more\\nchildren, collected as current support;\\n e. make periodic reports and perform such other functions in\\naccordance with the regulations of the department as may be necessary to\\nassure compliance with federal child support program requirements.\\n f. confer with a potential respondent, respondent or other interested\\nperson in a proceeding under article four, five, five-A or five-B of the\\nfamily court act in an attempt to obtain support payments from such\\npotential respondent or respondent;\\n g. obtain from respondent, when appropriate and in accordance with the\\nprocedures established by section one hundred eleven-k of this chapter,\\nan acknowledgement of parentage or an agreement to make support\\npayments, or both;\\n h. report periodically to consumer reporting agencies (as defined in\\nsection 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f))\\ninformation regarding past-due support owed by the parent owing support.\\nSuch information must be made available whenever a parent who owes\\npast-due support, and shall indicate the name of the parent and the\\namount of the delinquency. However, such information shall not be made\\navailable to (i) a consumer reporting agency that the office determines\\ndoes not have sufficient capability to systematically and timely make\\naccurate use of such information, or (ii) an entity that has not\\nfurnished evidence satisfactory to the office that the entity is a\\nconsumer reporting agency. In determining whether a consumer reporting\\nagency lacks sufficient capability to systematically and timely make\\naccurate use of such information, the office may require such agency to\\ndemonstrate its ability to comply with the provisions of section three\\nhundred eighty-j of the general business law and any other requirements\\nthe office may prescribe by regulation. A social services official, at\\nleast ten days prior to making the information available to a consumer\\nreporting agency, must provide notice to the parent who owes the support\\ninforming such parent of the proposed release of the information to the\\nconsumer reporting agency and informing such parent of the opportunity\\nto be heard and the methods available for contesting the accuracy of the\\ninformation.\\n 3. Notwithstanding the foregoing, the social services official shall\\nnot be required to establish the parentage of any child born\\nout-of-wedlock, or to secure support for any child, with respect to whom\\nsuch official has determined that such actions would be detrimental to\\nthe best interests of the child, in accordance with procedures and\\ncriteria established by regulations of the department consistent with\\nfederal law.\\n 4. a. A social services district represents the interests of the\\ndistrict in performing its functions and duties as provided in this\\ntitle and not the interests of any party. The interests of a district\\nshall include, but are not limited to, establishing parentage, and\\nestablishing, modifying and enforcing child support orders.\\n b. Notwithstanding any other provision of law, the provision of child\\nsupport services pursuant to this title does not constitute nor create\\nan attorney-client relationship between the individual receiving\\nservices and any attorney representing or appearing for the district. A\\nsocial services district shall provide notice to any individual\\nrequesting or receiving services that the attorney representing or\\nappearing for the district does not represent the individual and that\\nthe individual has a right to retain his or her own legal counsel.\\n c. A social services district may appear in any action to establish\\nparentage, or to establish, modify, or enforce an order of support when\\nan individual is receiving services under this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-D", "title" : "State reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-D", "activeDate" : "2014-09-22", "sequenceNo" : 130, "repealedDate" : null, "fromSection" : "111-D", "toSection" : "111-D", "text" : " § 111-d. State reimbursement. 1. The provisions of section one\\nhundred fifty-three of this chapter shall be applicable to expenditures\\nby social services districts for activities related to the establishment\\nof paternity of children born out-of-wedlock, the location of deserting\\nparents and the enforcement and collection of support obligations owed\\nto recipients of aid to dependent children and persons receiving\\nservices pursuant to section one hundred eleven-g of this title.\\n 2. The local share of expenditures incurred by the department for the\\nprovision of centralized collection and disbursement services pursuant\\nto section one hundred eleven-h of this title shall be charged back to\\nsocial services districts. The local share shall be fifty per centum of\\nthe amount expended by the department after first deducting therefrom\\nany federal funds properly received or to be received on account\\nthereof; provided, however, that a social services district's share of\\nthe costs related to the centralized collection and disbursement\\nfunctions shall not exceed those incurred for the year immediately\\npreceding implementation of such functions, except to the extent to\\nwhich those costs would have increased had centralization of collection\\nand disbursement functions not occurred.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-E", "title" : "Reimbursement to the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-E", "activeDate" : "2014-09-22", "sequenceNo" : 131, "repealedDate" : null, "fromSection" : "111-E", "toSection" : "111-E", "text" : " § 111-e. Reimbursement to the state. 1. A share of any support\\npayments collected by the social services official, less any amount\\ndisbursed to the family receiving family assistance, shall, subject to\\nsection one hundred eleven-f, be paid to the state as reimbursement\\ntoward the amount contributed by the state and federal governments to\\nassistance furnished to such family. Such share shall bear the same\\nratio to the amounts collected as the state and federal funds bear to\\nassistance granted.\\n 2. Whenever one social services district makes collections on behalf\\nof a person or family for whom another social services district or\\nanother state is responsible for providing assistance, the amount\\ncollected shall be paid to the district or such other state responsible\\nfor providing such assistance, in accordance with the regulations of the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-F", "title" : "Federal incentives", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-F", "activeDate" : "2014-09-22", "sequenceNo" : 132, "repealedDate" : null, "fromSection" : "111-F", "toSection" : "111-F", "text" : " § 111-f. Federal incentives. The department is authorized to\\ndistribute to local districts the full amount of federal incentive\\npayments received under title IV-D of the federal social security act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-G", "title" : "Availability of paternity and support services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-09-20" ], "docLevelId" : "111-G", "activeDate" : "2019-09-20", "sequenceNo" : 133, "repealedDate" : null, "fromSection" : "111-G", "toSection" : "111-G", "text" : " § 111-g. Availability of paternity and support services. 1. The office\\nof temporary and disability assistance and the social services\\ndistricts, in accordance with the regulations of the office of temporary\\nand disability assistance, shall make services relating to the\\nestablishment of paternity and the establishment and enforcement of\\nsupport obligations available to persons not receiving family assistance\\nupon application by such persons. Such persons must apply by (i)\\ncompleting and signing a form as prescribed by the office of temporary\\nand disability assistance, or (ii) filing a petition with the court or\\napplying to the court in a proceeding for the establishment of paternity\\nand/or establishment and/or enforcement of a support obligation, which\\nincludes a statement signed by the person requesting services clearly\\nindicating that such person is applying for child support enforcement\\nservices pursuant to this title.\\n 2. The office of temporary and disability assistance may, by\\nregulation, require payment of an application fee for such services and\\nthe deduction of costs in excess of such fee from amounts collected on\\nbehalf of such persons.\\n 3. (a) A person who is receiving child support services pursuant to\\nthis section who has never received assistance pursuant to title IV-A of\\nthe federal social security act shall be subject to an annual service\\nfee of thirty-five dollars for each child support case if at least five\\nhundred fifty dollars of support has been collected in the federal\\nfiscal year. Where a custodial parent has children with different\\nnoncustodial parents, the order payable by each noncustodial parent\\nshall be a separate child support case for the purpose of imposing an\\nannual service fee. The fee shall be deducted from child support\\npayments received on behalf of the individual receiving services.\\n (b) In international cases under section 454(32) of the federal social\\nsecurity act which meet the criteria for imposition of the annual\\nservice fee under paragraph (a) of this subdivision, the annual service\\nfee shall be imposed but may not be collected from the country\\nrequesting services or a person living in another country unless\\npermitted by federal law or regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-H", "title" : "Support collection unit", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-06" ], "docLevelId" : "111-H", "activeDate" : "2021-08-06", "sequenceNo" : 134, "repealedDate" : null, "fromSection" : "111-H", "toSection" : "111-H", "text" : " § 111-h. Support collection unit. 1. Each social services district\\nshall establish a support collection unit in accordance with regulations\\nof the department to collect, account for and disburse funds paid\\npursuant to any order of child support or child and spousal support\\nissued under the provisions of section two hundred thirty-six or two\\nhundred forty of the domestic relations law, or article four, five,\\nfive-A or five-B of the family court act; provided however, that the\\ndepartment, subject to availability of funds, shall furnish centralized\\ncollection and disbursement services for and on behalf of each social\\nservices district. Until such time as the department performs collection\\nand disbursement functions for a particular social services district,\\nthat social services district shall continue to perform those functions.\\n * 2. The support collection unit shall inform the petitioner and\\nrespondent of any case in which a required payment has not been made\\nwithin two weeks after it was due and shall assist in securing voluntary\\ncompliance with such orders or in preparation and submission of a\\npetition for a violation of a support order. Upon the written request of\\nthe debtor, the support collection unit shall issue an income execution\\nas provided in section fifty-two hundred forty-one of the civil practice\\nlaw and rules, except that the provisions of subdivisions (d) and (e)\\nthereof shall not apply. Upon receipt of written revocation of such\\nrequest, the support collection unit shall notify the employer or income\\npayor that the levy is no longer effective, and the execution shall be\\nreturned.\\n * NB There are 2 sb 2's\\n * 2. The support collection unit shall establish a system that will\\nallow it to inform the petitioner and respondent of any case in which a\\nrequired payment has not been made within two weeks after it was due and\\nto assist in securing voluntary compliance with such orders or in\\npreparation and submission of a petition for a violation of a support\\norder, and shall implement such system no later than July first,\\nnineteen hundred seventy-eight based on a plan submitted to and approved\\nby the department on or before December first, nineteen hundred\\nseventy-seven.\\n * NB Expired January 1, 1978 (There are 2 sb 2's)\\n 3. The support collection unit shall require that a person applying\\nfor child support enforcement services provide his or her name, address\\nand social security number and disclose whether he or she is in receipt\\nof safety net assistance or family assistance; provided, however, that a\\nsocial security number may be required only where permitted under\\nfederal law.\\n 4. Any and all moneys paid into the support collection unit pursuant\\nto an order of support made under the family court act or the domestic\\nrelations law, where the petitioner is not a recipient of public\\nassistance, shall upon payment into such support collection unit be\\ndeemed for all purposes to be the property of the person for whom such\\nmoney is to be paid.\\n 5. Except as provided in subdivision six of this section, any funds\\npaid to a support collection unit established by a social services\\ndistrict which have not been disbursed after two years of diligent\\nefforts to locate the person entitled to such funds shall be paid to the\\nstate comptroller in accordance with subdivision seven of this section\\nunless information has been received that is likely to lead to the\\nlocation of the person who is entitled to such funds; provided, however,\\nwhere the support collection unit determines that the person entitled to\\nthe funds is deceased and cannot locate an estate for the person\\nentitled to the funds, or the estate does not claim the funds, such\\nfunds may be paid to the state comptroller in accordance with\\nsubdivision seven of this section without two years of diligent efforts.\\n 6. Any funds paid to a support collection unit established by a social\\nservices district for which the remitter of such funds has not provided\\nsufficient identifying information to associate the funds with an\\nexisting or previously existing child support account, and such\\ninformation cannot be determined after diligent efforts, shall be paid\\nto the state comptroller in accordance with subdivision seven of this\\nsection.\\n 7. In the month of April, on or before the tenth day thereof, such\\npayment shall be delivered to the state comptroller pursuant to section\\nthirteen hundred eighteen of the abandoned property law, and shall be\\naccompanied by a written report, affirmed as true and accurate under the\\npenalty of perjury, classified as the state comptroller shall prescribe,\\nsetting forth: (a) the names and last known addresses, if any, of the\\npersons entitled to receive such abandoned property; (b) the title of\\nany proceeding relating to such abandoned property; and (c) such other\\nidentifying information as the state comptroller may require.\\n 8. Banks and other fiduciary institutions are authorized and required\\nto report to the support collection unit, when so requested, full\\ninformation relative to any fund therein deposited by a petitioner or\\nrespondent in a proceeding under section two hundred thirty-six or two\\nhundred forty of the domestic relations law or article five-B of the\\nfamily court act, where there is an order of support payable through the\\nsupport collection unit or article four, five or five-A of the family\\ncourt act.\\n 9. Employers are authorized and required to report to the support\\ncollection unit, when so requested, full information as to the earnings\\nof a petitioner or respondent in a proceeding under section two hundred\\nthirty-six or two hundred forty of the domestic relations law or article\\nfive-B of the family court act, where there is an order of support\\npayable through the support collection unit or article four, five,\\nfive-A or five-B of the family court act. Employers also are authorized\\nand required to report to the support collection unit, when so\\nrequested, information relating to any group health plans available for\\nthe provision of care or other medical benefits by insurance or\\notherwise for the benefit of the employee and/or the child or children\\nfor whom such parties are legally responsible for support.\\n 10. The support collection unit is authorized and required to report\\nto the family court, when so requested, full information relative to\\namounts paid or any arrearages by a respondent in a proceeding under\\narticles four, five, five-A or article five-B of the family court act.\\n 11. The department may provide for the performance of the collection\\nand disbursement functions of the support collection units by contract\\nwith a fiscal agent. For purposes of any reference to support collection\\nunit in this chapter or any other law, the fiscal agent under contract\\nwith the department shall be deemed to be part of all support collection\\nunits for which the fiscal agent performs collection and disbursement\\nfunctions.\\n 12. The support collection unit shall undertake a public service\\ncampaign as soon as practicable to inform citizens of the possibility of\\ndriver, business and professional license suspension for support\\nenforcement.\\n 13. (1) A support obligor may challenge in writing the correctness of\\nthe determination of the support collection unit pursuant to this\\nsection and section one hundred seventy-one-i of the tax law that the\\nobligor's arrearage should be collected through the department of\\ntaxation and finance, and in support of the challenge may submit\\ndocumentation demonstrating mistaken identity, error in calculation of\\narrears, financial exemption from such collection, the absence of an\\nunderlying court order establishing arrears to support such\\ndetermination. Such documents may include a copy of the order of support\\npursuant to which the obligor claims to have made payment, other\\nrelevant court orders, copies of cancelled checks, receipts for support\\npayments, pay stubs or other documents identifying wage withholding,\\nproof of identity, and like documents. The support collection unit shall\\nreview the documentation submitted by the support obligor, shall adjust\\nthe support obligor's account if appropriate, and shall notify the\\nsupport obligor of the results of the review initiated in response to\\nthe challenge within seventy-five days from the date of the notice\\nrequired. If the support collection unit's review indicates that the\\ndetermination to refer to the department of taxation and finance for\\ncollection was correct, the support collection unit shall notify the\\nsupport obligor of the results of the review and that the support\\nobligor has thirty days from the date of such notice to satisfy the full\\namount of the arrears. If the support obligor fails to do so, the\\nsupport collection unit shall notify the department of taxation and\\nfinance that they are authorized to commence collection of the arrears.\\nThe support obligor shall be further notified that if the support\\nobligor files objections to the review determination of the support\\ncollection unit with the bureau of special hearings; child support unit\\nof the department pursuant to subdivision sixteen of section one hundred\\neleven-b of this title, and serves these objections on the support\\ncollection unit within thirty days from the date of notice denying the\\nchallenge, the support collection unit shall not notify the department\\nof taxation and finance of their authority to collect the arrearages\\nuntil fifteen days after receipt of a decision by the administrative law\\njudge pursuant to such section.\\n (2) A support obligor may within thirty days of the date of notice\\ndenying his or her challenge by the support collection unit file\\nobjections to such denial with the bureau of special hearings; child\\nsupport unit of the department which shall review the support collection\\nunit's determination to refer the obligor's case to the department of\\ntaxation and finance for collection pursuant to subdivision sixteen of\\nsection one hundred eleven-b of this title. If the support obligor\\ntimely files such objections with such bureau the support collection\\nunit shall not notify the department of taxation and finance of their\\nauthority to collect the arrearages until fifteen days after entry of an\\norder by the administrative law judge denying the objections.\\n 14. If the support obligor is required to participate in work programs\\npursuant to section four hundred thirty-seven-a of the family court act,\\nand the court enters an order of support on behalf of the persons in\\nreceipt of public assistance, the support collection unit shall not file\\na petition to increase the support obligation for twelve months from the\\ndate of entry of the order of support if the support obligor's income is\\nderived from participation in such programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-I", "title" : "Child support standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-11-28", "2015-02-20", "2015-10-02", "2016-01-01" ], "docLevelId" : "111-I", "activeDate" : "2016-01-01", "sequenceNo" : 135, "repealedDate" : null, "fromSection" : "111-I", "toSection" : "111-I", "text" : " § 111-i. Child support standards. 1. Each social services district\\nshall ascertain the ability of an absent parent to support or contribute\\nto the support of his or her children, in accordance with the statewide\\nchild support standards as set forth in subdivision one of section four\\nhundred thirteen of the family court act.\\n 2. (a) The commissioner shall publish annually a child support\\nstandards chart. The child support standards chart shall include: (i)\\nthe revised poverty income guideline for a single person as reported by\\nthe federal department of health and human services; (ii) the revised\\nself-support reserved as defined in section two hundred forty of the\\ndomestic relations law; (iii) the dollar amounts yielded through\\napplication of the child support percentage as defined in section two\\nhundred forty of the domestic relations law and section four hundred\\nthirteen of the family court act; and (iv) the combined parental income\\namount.\\n (b) The combined parental income amount to be reported in the child\\nsupport standards chart and utilized in calculating orders of child\\nsupport in accordance with subparagraph two of paragraph (c) of\\nsubdivision one of section four hundred thirteen of the family court act\\nand subparagraph two of paragraph (c) of subdivision one-b of section\\ntwo hundred forty of the domestic relations law as of January\\nthirty-first, two thousand fourteen shall be one hundred forty-one\\nthousand dollars; provided, however, beginning March first, two thousand\\nsixteen and every two years thereafter, the combined parental income\\namount shall increase by the sum of the average annual percentage\\nchanges in the consumer price index for all urban consumers (CPI-U) as\\npublished by the United States department of labor bureau of labor\\nstatistics for the prior two years multiplied by the current combined\\nparental income amount and then rounded to the nearest one thousand\\ndollars.\\n (c) The commissioner shall publish the child support standards chart\\non an annual basis by April first of each year and in no event later\\nthan forty-five days following publication of the annual poverty income\\nguideline for a single person as reported by the federal department of\\nhealth and human services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-J", "title" : "Interception of unemployment insurance benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-J", "activeDate" : "2014-09-22", "sequenceNo" : 136, "repealedDate" : null, "fromSection" : "111-J", "toSection" : "111-J", "text" : " § 111-j. Interception of unemployment insurance benefits. 1. (a) The\\ndepartment shall determine on a periodic basis whether any individual\\nreceiving unemployment insurance benefits pursuant to article eighteen\\nof the state's labor law owes child support obligations which are being\\nenforced by the department or the child support enforcement unit of a\\nsocial services district and shall enforce any child support obligations\\nwhich are owed by such individual but are not being met through an\\nagreement with such individual to have specific amounts withheld from\\nsuch benefits otherwise payable to such individual and by submitting a\\ncopy of such agreement to the New York state department of labor.\\n (b) In the absence of such an agreement, the department shall enforce\\nany such child support obligations as authorized by the court in any\\norder establishing such obligations and as otherwise provided by law.\\n 2. Any amounts of unemployment insurance benefits deducted, withheld\\nand paid over by the department of labor pursuant to section five\\nhundred ninety-six of the labor law shall be treated as if it were paid\\nto the person entitled to such compensation and paid by such person to\\nthe department or appropriate child support collection unit toward\\nsatisfaction of such person's child support obligations. Each agency or\\ndistrict receiving payments deducted by the department of labor shall\\nreimburse that department for the administrative costs attributable\\nthereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-K", "title" : "Procedures relating to acknowledgments of parentage, agreements to support, and genetic tests", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2021-02-19" ], "docLevelId" : "111-K", "activeDate" : "2021-02-19", "sequenceNo" : 137, "repealedDate" : null, "fromSection" : "111-K", "toSection" : "111-K", "text" : " § 111-k. Procedures relating to acknowledgments of parentage,\\nagreements to support, and genetic tests. 1. A social services official\\nor his or her designated representative who confers with a potential\\nrespondent or respondent, hereinafter referred to in this section as the\\n\"respondent\", the mother of a child born out of wedlock and any other\\ninterested persons, pursuant to section one hundred eleven-c of this\\ntitle, may obtain:\\n (a) an acknowledgment of parentage of a child, as provided for in\\narticle five-B or section five hundred sixteen-a of the family court\\nact, by a written statement, witnessed by two people not related to the\\nsignator or as provided for in section four thousand one hundred\\nthirty-five-b of the public health law. Prior to the execution of such\\nacknowledgment by the child's mother and the respondent, they shall be\\nadvised, orally, which may be through the use of audio or video\\nequipment, and in writing, of the consequences of making such an\\nacknowledgment. Upon the signing of an acknowledgment of parentage\\npursuant to this section, the social services official or his or her\\nrepresentative shall file the original acknowledgment with the\\nregistrar.\\n (b) an agreement to make support payments as provided in section four\\nhundred twenty-five of the family court act. Prior to the execution of\\nsuch agreement, the respondent shall be advised, orally, which may be\\nthrough the use of audio or video equipment, and in writing, of the\\nconsequences of such agreement, that the respondent can be held liable\\nfor support only if the family court, after a hearing, makes an order of\\nsupport; that respondent has a right to consult with an attorney and\\nthat the agreement will be submitted to the family court for approval\\npursuant to section four hundred twenty-five of the family court act;\\nand that by executing the agreement, the respondent waives any right to\\na hearing regarding any matter contained in such agreement.\\n 2. (a) When the paternity of a child is contested, a social services\\nofficial or designated representative may order the mother, the child,\\nand the alleged father to submit to one or more genetic marker or DNA\\ntests of a type generally acknowledged as reliable by an accreditation\\nbody designated by the secretary of the federal department of health and\\nhuman services and performed by a laboratory approved by such an\\naccreditation body and by the commissioner of health or by a duly\\nqualified physician to aid in the determination of whether or not the\\nalleged father is the father of the child. The order may be issued prior\\nor subsequent to the filing of a petition with the court to establish\\npaternity, shall be served on the parties by certified mail, and shall\\ninclude a sworn statement which either (i) alleges parentage and sets\\nforth facts establishing a reasonable possibility of the requisite\\nsexual contact between the parties, or (ii) denies parentage and sets\\nforth facts establishing a reasonable possibility that the party is not\\nthe father. The parties shall not be required to submit to the\\nadministration and analysis of such tests if they sign a voluntary\\nacknowledgment of parentage in accordance with paragraph (a) of\\nsubdivision one of this section, or if there has been a written finding\\nby the court that it is not in the best interests of the child on the\\nbasis of res judicata, equitable estoppel, the child was conceived\\nthrough assisted reproduction or the presumption of legitimacy of a\\nchild born to a married person.\\n (b) The record or report of the results of any such genetic marker or\\nDNA test may be submitted to the family court as evidence pursuant to\\nsubdivision (e) of rule forty-five hundred eighteen of the civil\\npractice law and rules where no timely objection in writing has been\\nmade thereto.\\n (c) The cost of any test ordered pursuant to this section shall be\\npaid by the social services district provided however, that the alleged\\nfather shall reimburse the district for the cost of such test at such\\ntime as the alleged father's parentage is established by a voluntary\\nacknowledgment of parentage or an order of filiation. If either party\\ncontests the results of genetic marker or DNA tests, an additional test\\nmay be ordered upon written request to the social services district and\\nadvance payment by the requesting party.\\n (d) The parties shall be required to submit to such tests and appear\\nat any conference scheduled by the social services official or designee\\nto discuss the notice of the allegation of paternity or to discuss the\\nresults of such tests. If the alleged genetic parent fails to appear at\\nany such conference or fails to submit to such genetic marker or DNA\\ntests, the social services official or designee shall petition the court\\nto establish parentage, provide the court with a copy of the records or\\nreports of such tests if any, and request the court to issue an order\\nfor temporary support pursuant to section five hundred forty-two of the\\nfamily court act.\\n 3. Any reference to an acknowledgment of paternity in any law of this\\nstate or any similar instrument signed in another state consistent with\\nthe law of that state shall be interpreted to mean an acknowledgment of\\nparentage executed pursuant to this section, section four thousand one\\nhundred thirty-five-b of the public health law or signed in another\\nstate consistent with the law of that state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-M", "title" : "Agreement relating to information obtained by the state directory of new hires", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-M", "activeDate" : "2014-09-22", "sequenceNo" : 138, "repealedDate" : null, "fromSection" : "111-M", "toSection" : "111-M", "text" : " § 111-m. Agreement relating to information obtained by the state\\ndirectory of new hires. The department, through the commissioner, shall\\nenter into the agreement provided for in section one hundred\\nseventy-one-h of the tax law, and shall take such other actions as may\\nbe necessary to carry out the agreement provided for in such section for\\nmatching recipient records of public assistance and of the child support\\nenforcement program with information provided by employers to the state\\ndirectory of new hires for the purposes of verifying eligibility for\\nsuch public assistance programs and for the administration of the child\\nsupport enforcement program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-N", "title" : "Review and cost of living adjustment of support orders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-N", "activeDate" : "2014-09-22", "sequenceNo" : 139, "repealedDate" : null, "fromSection" : "111-N", "toSection" : "111-N", "text" : " § 111-n. Review and cost of living adjustment of support orders. 1.\\nOrders subject to review. In accordance with the timeframes set forth in\\nsubdivision three of this section, the support collection unit shall\\nconduct a review for adjustment purposes of:\\n (a) all orders of support being enforced pursuant to this title on\\nbehalf of persons in receipt of family assistance; and\\n (b) those orders of support being enforced pursuant to this title on\\nbehalf of persons not in receipt of family assistance, for which a\\nrequest for a cost of living adjustment review has been received from\\neither party to the order.\\n 2. Definitions. For purposes of this section, the following\\ndefinitions shall be used:\\n (a) \"Adjusted child support obligation amount\" shall mean the sum of\\nthe cost of living adjustment and the support obligation amount\\ncontained in the order under review.\\n (b) \"Adjusted order\" shall mean an order issued by the support\\ncollection unit reflecting a change to the obligation amount of the most\\nrecently issued order of support made on behalf of a child in receipt of\\nfamily assistance or child support enforcement services pursuant to\\nsection one hundred eleven-g of this title.\\n (c) \"Cost of living adjustment\" shall mean the amount by which the\\nsupport obligation is changed as the result of a review, and shall be\\ndetermined based upon annual average changes to the consumer price index\\nfor all urban consumers (CPI-U), as published by the United States\\ndepartment of labor bureau of labor statistics, for the years preceding\\nthe year of the review, as follows:\\n (1) Identify the CPI-U \"percent change from the previous annual\\naverage\" for each year preceding the year of the review, beginning with\\nand including the later of the year in which the most recent order was\\nissued or nineteen hundred ninety-four, and calculate the sum of the\\npercentages for those years.\\n (2) Where the sum as calculated pursuant to subparagraph one of this\\nparagraph equals or exceeds ten percent, multiply the support obligation\\nin the order under review by such percentage. The product is the cost of\\nliving adjustment.\\n (d) \"Order\" shall mean an original, modified, or adjusted order of\\nsupport; or, after a hearing in response to objections to a cost of\\nliving adjustment as set forth in an adjusted order of support, the\\norder of support reflecting the application of the child support\\nstandards pursuant to section two hundred forty of the domestic\\nrelations law or section four hundred thirteen of the family court act,\\nor an order of no adjustment.\\n (e) \"Review\" shall mean the calculation of the cost of living\\nadjustment and the adjusted child support obligation amount by the\\nsupport collection unit for the most recently issued order of support\\nmade on behalf of a child in receipt of family assistance, or child\\nsupport enforcement services pursuant to section one hundred eleven-g of\\nthis title.\\n 3. Timeframes. The review of support orders for cost of living\\nadjustment purposes shall be conducted by the support collection unit in\\naccordance with the following timeframes:\\n (a) For all orders of support on behalf of persons in receipt of\\nfamily assistance, a review shall be conducted during the second\\ncalendar year following the year in which the order was issued, or the\\ncurrent year, whichever is later. Any cost of living adjustment\\nresulting from a review shall be effective sixty days following the date\\nof the adjusted order, or twenty-four months after the date of the order\\nunder review, whichever is later.\\n (b) For all orders of support on behalf of persons not in receipt of\\nfamily assistance, a review shall be conducted during the second\\ncalendar year following the year in which the order was issued, or the\\ncurrent year, whichever is later; provided, however, that no such review\\nshall occur unless a request for such review has been received from a\\nparty to the order. Any cost of living adjustment resulting from a\\nreview shall be effective sixty days following the date of the adjusted\\norder, or twenty-four months after the date of the order under review,\\nwhichever is later.\\n 4. Adjustment process. (a) A cost of living adjustment shall be made\\nby the support collection unit with respect to each order of support\\nunder review, if the sum of the annual average changes of the consumer\\nprice index for all urban consumers (CPI-U), as published by the United\\nStates department of labor bureau of labor statistics, is ten percent or\\ngreater. The child support obligation amount, as increased by the cost\\nof living adjustment calculated during the review, shall be rounded to\\nthe nearest dollar. In the event that the sum of the annual average\\nchanges of the CPI-U is less than ten percent, no cost of living\\nadjustment shall occur.\\n (b) Upon the conclusion of the adjustment review, the support\\ncollection unit shall issue and send an adjusted order by first class\\nmail to the parties. The cost of living adjustment and the adjusted\\nchild support obligation amount as calculated by the review shall be\\nreflected in the adjusted order. The child support obligation amount\\ncontained in the adjusted order shall be due and owing on the date the\\nfirst payment is due under the terms of the order of support which was\\nreviewed and adjusted occurring on or after the effective date of the\\nadjusted order.\\n (c) The support collection unit shall provide a copy of the adjusted\\norder to the court which issued the most recent order of support, which\\nshall append it to the order.\\n 5. Objections. (a) Where there is an objection to a cost of living\\nadjustment, either party or the support collection unit shall have\\nthirty-five days from the date of mailing of the adjusted order by the\\nsupport collection unit to submit to the court identified thereon\\nwritten objections, requesting a hearing on the adjustment of the order\\nof support.\\n (b) If objections are submitted timely to the court, the cost of\\nliving adjustment shall not take effect, and a hearing shall be\\nscheduled by the court. The hearing shall be conducted and a\\ndetermination made by the court pursuant to section two hundred forty-c\\nof the domestic relations law or section four hundred thirteen-a of the\\nfamily court act.\\n (c) Where no objection has been timely raised to a cost of living\\nadjustment as reflected in an adjusted order, such adjusted order shall\\nbecome final without further review by the court or any judge or support\\nmagistrate thereof.\\n 6. Adjusted order - form. The adjusted order shall contain the\\nfollowing information:\\n (a) the caption of the order of support subject to the review, the\\ndate of such order, and the court in which it was entered;\\n (b) the identification, telephone number, and address of the support\\ncollection unit which conducted the review;\\n (c) the cost of living adjustment and the adjusted child support\\nobligation amount as calculated during the review of the order, and a\\nstatement that such amount shall be due and owing on the date the first\\npayment is due under the term of the order of support which was reviewed\\nand adjusted, occurring on or after the effective date of the adjusted\\norder;\\n (d) the definition of cost of living adjustment;\\n (e) a statement that the child support obligation amount, as increased\\nby the cost of living adjustment, has been rounded to the nearest\\ndollar;\\n (f) a statement that all other provisions of the order of support\\nwhich was reviewed and adjusted remain in full force and effect;\\n (g) a statement that the application of a cost of living adjustment in\\nno way limits, restricts, expands, or impairs the rights of any party to\\nfile for a modification of a child support order as otherwise provided\\nby law;\\n (h) a statement that where either party objects to the cost of living\\nadjustment, the party has the right to be heard by the court and to\\npresent evidence to the court which the court will consider in adjusting\\nthe child support order in compliance with section four hundred thirteen\\nof the family court act or section two hundred forty of the domestic\\nrelations law, known as the child support standards act; provided,\\nhowever, that written objections are filed with the court within\\nthirty-five days from the date the adjusted order was mailed by the\\nsupport collection unit; that when filing objections the objecting party\\nshould attach a copy of the adjusted order, if available; and\\n (i) a statement that where any party fails to provide, and update upon\\nany change, the support collection unit with a current address to which\\nan adjusted order can be sent, the support obligation amount contained\\ntherein shall become due and owing on the date the first payment is due\\nunder the order of support which was reviewed and adjusted occurring on\\nor after the effective date of the adjusted order, regardless of whether\\nor not the party has received a copy of the adjusted order.\\n 7. Notice of right to review. On or after the first day of January,\\nnineteen hundred ninety-eight, any order of support twenty-four or more\\nmonths old which was issued on behalf of a child in receipt of family\\nassistance or child support enforcement services pursuant to section one\\nhundred eleven-g of this title, is eligible for a cost of living\\nadjustment every two years. The support collection unit shall notify the\\nparties to the order of their right to make a written request to the\\nsupport collection unit for a cost of living adjustment of such support\\norder. Such notice shall contain the amount of the cost of living\\nadjustment, the amount of the adjusted child support obligation, the\\napplicable CPI-U used in the calculation of that amount, the address and\\ntelephone number of the support collection unit where assistance can be\\nobtained in commencing an adjustment review, and other information\\ndeemed necessary and relevant by the department, and shall be sent to\\nthe parties by first class mail at their last known address, and shall\\ncontain a reply form and envelope with postage pre-paid. The support\\ncollection unit shall provide the notice described herein not less than\\nonce every two years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-O", "title" : "Data matches with financial institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-O", "activeDate" : "2014-09-22", "sequenceNo" : 140, "repealedDate" : null, "fromSection" : "111-O", "toSection" : "111-O", "text" : " § 111-o. Data matches with financial institutions. The department or\\na social services district, through the commissioner, is authorized to\\nenter into agreements with financial institutions as provided for in\\nsubdivision two of section four of the banking law and subsection (e) of\\nsection three hundred twenty of the insurance law, and is authorized to\\nfurnish to and receive from those and any other financial institutions,\\nas defined in paragraph one of subdivision (d) of section four hundred\\nsixty-nine A of the federal social security act, such information as may\\nbe necessary to carry out the agreements provided for in section four of\\nthe banking law and section three hundred twenty of the insurance law,\\nfor the enforcement of child support orders.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-P", "title" : "Authority to issue subpoenas", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-P", "activeDate" : "2014-09-22", "sequenceNo" : 141, "repealedDate" : null, "fromSection" : "111-P", "toSection" : "111-P", "text" : " § 111-p. Authority to issue subpoenas. The department or the child\\nsupport enforcement unit coordinator or support collection unit\\nsupervisor of a social services district, or his or her designee, or\\nanother state's child support enforcement agency governed by title IV-D\\nof the social security act, shall be authorized, whether or not a\\nproceeding is currently pending, to subpoena from any person, public or\\nprivate entity or governmental agency, and such person, entity or agency\\nshall provide any financial or other information needed to establish\\npaternity and to establish, modify or enforce any support order. If a\\nsubpoena is served when a petition is not currently pending, the supreme\\ncourt or a judge of the family court may hear and decide all motions\\nrelating to the subpoena. If the subpoena is served after a petition has\\nbeen served, the court in which the petition is returnable shall hear\\nand decide all motions relating to the subpoena. Any such person,\\nentity, or agency shall provide the subpoenaed information by the date\\nas specified in the subpoena. Such subpoena shall be subject to the\\nprovisions of article twenty-three of the civil practice law and rules.\\nThe department or district may impose a penalty for failure to respond\\nto such information subpoenas pursuant to section twenty-three hundred\\neight of the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-Q", "title" : "Voiding of fraudulent transfers of income or property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-Q", "activeDate" : "2014-09-22", "sequenceNo" : 142, "repealedDate" : null, "fromSection" : "111-Q", "toSection" : "111-Q", "text" : " § 111-q. Voiding of fraudulent transfers of income or property. The\\ndepartment or a social services district, or its authorized\\nrepresentative, after obtaining information that a debtor has\\ntransferred income, property or other assets to avoid payment to a child\\nsupport creditor shall, pursuant to article ten of the debtor and\\ncreditor law (1) commence a proceeding to void such transfer; or (2)\\nobtain a settlement that is in the best interests of the child support\\ncreditor. Provided, however, that no settlement shall reduce or annul\\nany arrears of child support which have accrued prior to the date of\\nsettlement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-R", "title" : "Requirement to respond to requests for information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-R", "activeDate" : "2014-09-22", "sequenceNo" : 143, "repealedDate" : null, "fromSection" : "111-R", "toSection" : "111-R", "text" : " § 111-r. Requirement to respond to requests for information. All\\nemployers, as defined in section one hundred eleven-m of this article\\n(including for-profit, not-for-profit and governmental employers), are\\nrequired to provide information promptly on the employment, compensation\\nand benefits of any individual employed by such employer as an employee\\nor contractor, when the department or a social services district or its\\nauthorized representative, or another state's child support enforcement\\nagency governed by title IV-D of the social security act, requests such\\ninformation for the purpose of establishing paternity, or establishing,\\nmodifying or enforcing an order of support. To the extent feasible,\\nsuch information shall be requested and provided using automated\\nsystems, and shall include, but is not limited to, information regarding\\nthe individual's last known address, date of birth, social security\\nnumber, plans providing health care or other medical benefits by\\ninsurance or otherwise, wages, salaries, earnings or other income of\\nsuch individual. Notwithstanding any other provision of law to the\\ncontrary, such officials are not required to obtain an order from any\\njudicial or administrative tribunal in order to request or receive such\\ninformation. The department shall be authorized to impose a penalty for\\nfailure to respond to such requests of five hundred dollars for an\\ninitial failure and seven hundred dollars for the second and subsequent\\nfailure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-S", "title" : "Access to information contained in government and private records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-S", "activeDate" : "2014-09-22", "sequenceNo" : 144, "repealedDate" : null, "fromSection" : "111-S", "toSection" : "111-S", "text" : " § 111-s. Access to information contained in government and private\\nrecords. 1. For the purpose of establishing paternity, or\\nestablishing, modifying or enforcing an order of support, the department\\nor a social services district or its authorized representative, and\\nchild support enforcement agencies of other states established pursuant\\nto title IV-D of the social security act, without the necessity of\\nobtaining an order from any other judicial or administrative tribunal\\nand subject to safeguards on privacy and information security, shall\\nhave access to information contained in the following records:\\n (a) records of other state and local government agencies including:\\n (i) vital statistics (including records of marriage, birth and\\ndivorce);\\n (ii) state and local tax and revenue records (including information\\non residence address, employer, income and assets);\\n (iii) records concerning real and titled personal property;\\n (iv) records of occupational and professional licenses, and records\\nconcerning the ownership and control of corporations, partnerships and\\nother business entities;\\n (v) employment security records;\\n (vi) records of agencies administering public assistance programs;\\n (vii) records of the department of motor vehicles; and\\n (viii) corrections records; and\\n (b) certain records held by private corporations, companies, or other\\nentities with respect to individuals who owe or are owed support (or\\nagainst or with respect to whom a support obligation is being sought),\\nconsisting of:\\n (i) pursuant to an administrative subpoena authorized by section one\\nhundred eleven-p of this title, the names, addresses, telephone numbers\\nand dates of birth of such individuals, and the names and addresses of\\nthe employers of such individuals, as appearing in customer records of\\npublic utilities companies and corporations, including, but not limited\\nto, cable television, gas, electric, steam, and telephone companies and\\ncorporations, as defined in section two of the public service law, doing\\nbusiness within the state of New York; and\\n (ii) information on such individuals held by financial institutions,\\nincluding information regarding assets and liabilities.\\n 2. Notwithstanding any other provision of law to the contrary, any\\ngovernment or private entity to which a request for access to\\ninformation is directed pursuant to subdivision one of this section, is\\nauthorized and required to comply with such request. To the extent\\nfeasible, access to such information shall be requested and provided\\nusing automated systems. Any government or private entity which\\ndiscloses information pursuant to this section shall not be liable under\\nany federal or state law to any person for such disclosure, or for any\\nother action taken in good faith to comply with this subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-T", "title" : "Authority to secure assets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-T", "activeDate" : "2014-09-22", "sequenceNo" : 145, "repealedDate" : null, "fromSection" : "111-T", "toSection" : "111-T", "text" : " § 111-t. Authority to secure assets. The department or a social\\nservices district or its authorized representative, or another state's\\nchild support enforcement agency governed by title IV-D of the social\\nsecurity act, for the purpose of collecting overdue support, shall be\\nauthorized in accordance with all applicable provisions of law, to\\nsecure assets otherwise due a support obligor by:\\n 1. intercepting or seizing periodic or lump sum payments due such\\nobligor from:\\n (a) a state or local agency, including unemployment compensation,\\nworkers' compensation, and other benefits; and\\n (b) judgments, settlements and lottery winnings;\\n 2. attaching and seizing assets of such obligors which are held in\\nfinancial institutions;\\n 3. attaching public and private retirement funds of such obligors;\\nand\\n 4. imposing liens against real and personal property owned by such\\nobligors; and where appropriate, forcing the sale of property owned by\\nsuch obligors and distributing proceeds from the sale of such\\nproperties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-U", "title" : "Liens", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-U", "activeDate" : "2014-09-22", "sequenceNo" : 146, "repealedDate" : null, "fromSection" : "111-U", "toSection" : "111-U", "text" : " § 111-u. Liens. 1. The office of temporary and disability assistance,\\nor a social services district, or its authorized representative shall\\nhave a lien against real and personal property owned by a support\\nobligor when such support obligor is or was under a court order to pay\\nchild support or combined child and spousal support to a support\\ncollection unit on behalf of persons receiving services under this\\ntitle, and such obligor has accumulated support arrears/past due in an\\namount equal to or greater than the amount of support due pursuant to\\nsuch order for a period of four months. Such lien shall incorporate\\nunpaid support which accrues in the future.\\n 2. For the purposes of determining whether a support obligor has\\naccumulated support arrears/past due support for a period of four\\nmonths, the amount of any retroactive support, other than periodic\\npayments of retroactive support which are past due, shall not be\\nincluded in the calculation of arrears/past due support pursuant to this\\nsection; however, if at least four months of support arrears/past due\\nsupport have accumulated subsequent to the date of the court order, the\\nentire amount of any retroactive support may be collected pursuant to\\nthe provisions of this subdivision or as otherwise authorized by law.\\n 3. When the office of temporary and disability assistance, or a social\\nservices district, or its authorized representative on behalf of a\\nperson receiving services pursuant to this title determines that the\\nrequisite amount of child support is past due, it shall send, by first\\nclass mail, a notice of intent to file a lien to the support obligor.\\nThe obligor may assert a mistake of fact and shall have an opportunity\\nto make a submission in support of the assertion. The assertion and any\\nsupporting papers shall be submitted within thirty-five days from the\\ndate a notice was mailed. Thereafter, the social services district shall\\ndetermine the merits of the assertion, and shall notify the obligor of\\nits determination within ninety days after notice to the obligor was\\nmailed.\\n 4. If the social services district finds no mistake of fact exists or,\\nthe obligor fails to assert a mistake of fact within the thirty-five\\ndays, the social services district may file a notice of lien, which\\nshall contain the caption of the support order and a statement of\\narrears and which shall constitute a lien on the property. The social\\nservices district shall not enforce its lien until after expiration of\\nany applicable period for review of an administrative action or, if the\\nobligor has initiated a proceeding pursuant to article seventy-eight of\\nthe civil practice law and rules, until completion of such review.\\n 5. Filing of the notice of the lien shall be as provided in sections\\nsixty-five and two hundred eleven of the lien law, article forty-six of\\nthe vehicle and traffic law, or as otherwise authorized by law.\\n 6. Within five days before or thirty days after filing the notice of\\nthe lien, the social services district shall send by first class mail a\\ncopy of such notice upon the owner of the property.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-V", "title" : "Confidentiality, integrity, and security of information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-V", "activeDate" : "2014-09-22", "sequenceNo" : 147, "repealedDate" : null, "fromSection" : "111-V", "toSection" : "111-V", "text" : " § 111-v. Confidentiality, integrity, and security of information. 1.\\nThe department, in consultation with appropriate agencies including but\\nnot limited to the New York state office for the prevention of domestic\\nviolence, shall by regulation prescribe and implement safeguards on the\\nconfidentiality, integrity, accuracy, access, and the use of all\\nconfidential information and other data handled or maintained, including\\ndata obtained pursuant to section one hundred eleven-o of this article\\nand including such information and data maintained in the automated\\nchild support enforcement system. Such information and data shall be\\nmaintained in a confidential manner designed to protect the privacy\\nrights of the parties and shall not be disclosed except for the purpose\\nof, and to the extent necessary to, establish paternity, or establish,\\nmodify or enforce an order of support.\\n 2. These safeguards shall include provisions for the following:\\n (a) Policies restricting access to and sharing of information and\\ndata, including:\\n (1) safeguards against unauthorized use or disclosure of information\\nrelating to procedures or actions to establish paternity or to establish\\nor enforce support;\\n (2) prohibitions against the release of information on the whereabouts\\nof one party to another party against whom an order of protection with\\nrespect to the former party has been entered; and\\n (3) prohibitions against the release of information on the whereabouts\\nof one party to another party if the department has reason to believe\\nthat the release of the information may result in the physical or\\nemotional harm to the former party.\\n (b) Systems controls to ensure strict adherence to policies.\\n (c) Monitoring of access to and use of the automated system to prevent\\nunauthorized access or use.\\n (d) Training in security procedures for all staff with access, and\\nprovisions of information regarding these requirements and penalties.\\n (e) Administrative penalties for unauthorized access, disclosure, or\\nuse of confidential data.\\n 3. If any person discloses confidential information in violation of\\nthis section, any individual who incurs damages due to the disclosure\\nmay recover such damages in a civil action.\\n 4. Any person who willfully releases or permits the release of any\\nconfidential information obtained pursuant to this title to persons or\\nagencies not authorized by this title or regulations promulgated\\nthereunder to receive it shall be guilty of a class A misdemeanor.\\n 5. The safeguards established pursuant to this section shall apply to\\nstaff of the department, local social services districts, and any\\ncontractor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 21 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T6-B", "title" : "Services For Enforcement of Support Provided By the Department of Social Services", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6-B", "activeDate" : "2014-09-22", "sequenceNo" : 148, "repealedDate" : null, "fromSection" : "111-Y", "toSection" : "111-Z", "text" : " TITLE 6-B\\n SERVICES FOR ENFORCEMENT OF SUPPORT PROVIDED BY\\n THE DEPARTMENT OF SOCIAL SERVICES\\n111-y. Spousal support; crediting of overpayments of tax to\\n past-due support.\\n111-z. Spousal and child support; crediting of overpayments of\\n tax to past-due support.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-Y", "title" : "Spousal support; crediting of overpayments of tax to past-due support", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-Y", "activeDate" : "2014-09-22", "sequenceNo" : 149, "repealedDate" : null, "fromSection" : "111-Y", "toSection" : "111-Y", "text" : " § 111-y. Spousal support; crediting of overpayments of tax to past-due\\nsupport. 1. The department shall provide services for the crediting of\\noverpayments of tax to past-due support, pursuant to section one hundred\\nseventy-one-c of the tax law, which is owed to any current or former\\nspouse entitled to enforce an order of support, who applies to the\\ndepartment for such services, if such spouse is not eligible to receive\\nservices pursuant to title six-A of this article. For purposes of this\\nsection, \"order of support\" means any final order, decree or judgment in\\na matrimonial action or family court proceeding, or any foreign support\\norder, decree or judgment which is registered pursuant to article 5-B of\\nthe family court act which requires the payment of alimony, maintenance\\nor support.\\n 2. (a) An applicant for services under this section shall provide the\\ndepartment with the following:\\n (i) a certified transcript of a money judgment for a sum certain for\\narrears accrued under an order of support;\\n (ii) a sworn statement that the order of support is no longer subject\\nto appellate judicial review and that the sum set forth as uncollected\\non the judgment is accurate;\\n (iii) the name and address of the applicant; and\\n (iv) the name, last known address and social security number of the\\nperson or entity owning past-due support against whom a judgment has\\nbeen obtained.\\n (b) If an application for services is rejected by the department, the\\ndepartment shall inform the applicant in writing of the reason for such\\nrejection.\\n 3. An applicant for services under this section shall receive a pro\\nrata share of the overpayment of tax, based on the amount of past-due\\nsupport owed to such applicant as certified to the tax commission by the\\ndepartment pursuant to section one hundred seventy-one-c of the tax law,\\nin cases where the individual, estate or trust owing past-due support to\\nsuch applicant owes past-due support to other persons or entities so\\ncertified to the tax commission by the department.\\n 4. The department shall promulgate such regulations as are necessary\\nto carry out the provisions of this section, including regulations as to\\nthe date by which an applicant for services under this section shall\\nprovide the department with the information and documentation required\\nin subdivision two of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "111-Z", "title" : "Spousal and child support; crediting of overpayments of tax to past-due support", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "111-Z", "activeDate" : "2014-09-22", "sequenceNo" : 150, "repealedDate" : null, "fromSection" : "111-Z", "toSection" : "111-Z", "text" : " § 111-z. Spousal and child support; crediting of overpayments of tax\\nto past-due support. 1. The department shall provide services for the\\ncrediting of overpayments of tax to past-due support, pursuant to\\nsection one hundred seventy-one-c of the tax law, which is owed to\\npersons entitled to enforce an order of support, for persons not\\nreceiving public assistance who are eligible to receive services\\npursuant to title six-A of this article, but who do not receive such\\nservices. For purposes of this section, \"order of support\" shall mean\\nany final order, decree or judgment in a matrimonial action or family\\ncourt proceeding, or any foreign support order, decree or judgment which\\nis registered pursuant to article five-B of the family court act which\\nrequires the payment of alimony, maintenance, support or child support.\\n 2. (a) An applicant for services under this section shall provide the\\ndepartment with the following:\\n (i) a certified transcript of a money judgment for a sum certain for\\narrears accrued under an order of support;\\n (ii) a sworn statement that the order of support is no longer subject\\nto appellate judicial review and that the sum set forth as uncollected\\non the judgment is accurate;\\n (iii) the name and address of the applicant; and\\n (iv) the name, last known address and social security number of the\\nperson or entity owing past-due support against whom a judgment has been\\nobtained.\\n (b) If an application for services is rejected by the department, the\\ndepartment shall inform the applicant in writing of the reason for such\\nrejection.\\n (c) The department shall inform applicants for services under this\\nsection of the support collection and enforcement services available\\nthrough the support collection units pursuant to title six-A of this\\narticle.\\n 3. An applicant for services under this section shall receive a pro\\nrata share of the overpayment of tax, based on the amount of past-due\\nsupport owed to such applicant as certified to the tax commission by the\\ndepartment pursuant to section one hundred seventy-one-c of the tax law,\\nin cases where the individual, estate or trust owing past-due support to\\nsuch applicant owes past-due support to other persons or entities so\\ncertified to the tax commission by the department.\\n 4. The department may charge an applicant for services under this\\nsection a fee based on cost, but not to exceed the lesser of twenty-five\\ndollars or the amount of overpayment of tax received by the department.\\nThe department shall recover such fee from such overpayment and pay any\\nbalance to the applicant. The fee provided for herein shall not be a\\ncharge against the individual, estate or trust owing past-due support.\\n 5. The department shall promulgate such regulations as are necessary\\nto carry out the provisions of this section, including regulations as to\\nthe date by which an applicant for services under this section shall\\nprovide the department with the information and documentation required\\nin subdivision two of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T7", "title" : "Local Personnel Training; Research and Demonstration Projects; Special State Reimbursement", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 151, "repealedDate" : null, "fromSection" : "112", "toSection" : "115", "text" : " TITLE 7\\n LOCAL PERSONNEL TRAINING; RESEARCH AND\\n DEMONSTRATION PROJECTS; SPECIAL STATE\\n REIMBURSEMENT\\nSection 112. Local personnel training.\\n 113. Participation in research and demonstration projects.\\n 114. Special state reimbursement.\\n 115. Training and utilization of volunteers.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "112", "title" : "Local personnel training", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "112", "activeDate" : "2014-09-22", "sequenceNo" : 152, "repealedDate" : null, "fromSection" : "112", "toSection" : "112", "text" : " § 112. Local personnel training. Each public welfare district shall\\nmake provision, with the assistance and cooperation of the department,\\nfor suitable training of employees of its welfare department. Such\\nprovision shall include such of the following as the department may\\napprove or require for such district: employment of qualified training\\ndirectors and/or teachers; the granting of scholarships and fellowships;\\ncontinuing salaries of employees while undergoing training, pursuant to\\nsection thirty; contracting with approved schools, colleges and\\nuniversities for courses of instruction and/or classes or special\\nclasses; sponsoring, conducting and participating in seminars, workshops\\nand meetings and allowing or requiring attendance of selected employees;\\npayment of stipends and expenses, within prescribed limits, of employees\\nundergoing training.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "113", "title" : "Participation in research and demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "113", "activeDate" : "2014-09-22", "sequenceNo" : 153, "repealedDate" : null, "fromSection" : "113", "toSection" : "113", "text" : " § 113. Participation in research and demonstration projects. Public\\nwelfare districts are authorized to sponsor, conduct and participate in\\nthe operation of such research and demonstration projects as the\\ndepartment may approve, for the purpose of reducing dependency and\\neliminating the causes thereof. Public welfare districts shall\\ncooperate with the department in the conduct of such projects whenever\\nthe department shall request or require such participation and\\ncooperation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "114", "title" : "Special state reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "114", "activeDate" : "2014-09-22", "sequenceNo" : 154, "repealedDate" : null, "fromSection" : "114", "toSection" : "114", "text" : " § 114. Special state reimbursement. Any inconsistent provision of\\nsections one hundred fifty-three, two hundred fifty-seven or other\\nprovisions of this chapter notwithstanding, expenditures made by public\\nwelfare districts for salaries of qualified training directors pursuant\\nto section one hundred twelve and for salaries of employees while on\\neducational leave pursuant to section thirty and one hundred twelve\\nshall, if approved by the department, be subject to reimbursement by the\\nstate in accordance with the regulations of the department as follows:\\n there shall be paid to each such district\\n (a) the amount of federal funds, if any, properly received or to be\\nreceived on account of such expenditures;\\n (b) the full amount expended for such purposes, after first deducting\\ntherefrom any federal funds properly received or to be received on\\naccount thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "115", "title" : "Training and utilization of volunteers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "115", "activeDate" : "2014-09-22", "sequenceNo" : 155, "repealedDate" : null, "fromSection" : "115", "toSection" : "115", "text" : " § 115. Training and utilization of volunteers. Subject to the\\napproval of the department, public welfare districts are authorized to\\nsponsor and conduct programs for the recruitment, training and\\nutilization of volunteers to assist welfare district employees in the\\nperformance of office duties and to aid in performing services in\\nwelfare districts including but not limited to the following:\\n (a) friendly visiting of the indigent aged;\\n (b) finding homes for foster children;\\n (c) escorting and transporting recipients to clinics and other\\ndestinations;\\n (d) aiding in location of improved housing;\\n (e) teaching homemaking skills and aiding in budgeting and care of\\nthe household;\\n (f) providing tutoring and other educational aid; and\\n (g) giving information, screening requests and performing other\\nservices in waiting rooms of welfare centers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A3T7-B", "title" : "Chief Executive Officers of Local Welfare Departments: Appointment", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7-B", "activeDate" : "2014-09-22", "sequenceNo" : 156, "repealedDate" : null, "fromSection" : "116", "toSection" : "116", "text" : " TITLE 7-B\\n CHIEF EXECUTIVE OFFICERS OF LOCAL WELFARE\\n DEPARTMENTS: APPOINTMENT\\nSection 116. Chief executive officers of local welfare departments;\\n qualifications; appointment and removal; term.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "116", "title" : "Chief executive officers of local welfare departments; qualifications; appointment and removal; term", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "116", "activeDate" : "2014-09-22", "sequenceNo" : 157, "repealedDate" : null, "fromSection" : "116", "toSection" : "116", "text" : " § 116. Chief executive officers of local welfare departments;\\nqualifications; appointment and removal; term. 1. Any inconsistent\\nprovision of law, notwithstanding, the position of the chief executive\\nofficer of a county or city social services department, whether referred\\nto as commissioner or by other title, shall be in the non-competitive\\nclass of the civil service, except any which is or may hereafter be in\\nthe competitive class. Appointments to such positions in the\\nnon-competitive class shall be for terms of five years and shall be made\\nby the appropriate county or city body or officer. However, no person\\nmay be appointed to or serve in any such position who does not meet the\\nminimum qualifications required therefor by the state commissioner of\\nsocial services pursuant to section seventeen.\\n 2. Any inconsistent provision of law, general, special or local,\\nnotwithstanding, the chief executive officer of a county or city social\\nservices department shall also be subject to removal or sanction in\\naccordance with the provisions of section thirty-four of this chapter.\\n 3. As used in subdivision one \"the appropriate county or city body or\\nofficer\" shall mean and refer:\\n (a) in the case of a county, to the board of supervisors thereof,\\nexcept when the county has a county executive, county president, county\\nmanager or other officer or board authorized to appoint heads of\\nadministrative departments or the chief executive officer of the social\\nservices department, in which case it shall mean such executive,\\npresident, manager, other officer or board;\\n (b) in the case of a city, to the mayor, manager, other officer, or\\nthe board having authority to appoint department heads or the chief\\nexecutive officer of the social services department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A4", "title" : "Residence and Removal", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "4", "activeDate" : "2022-12-16", "sequenceNo" : 158, "repealedDate" : null, "fromSection" : "117", "toSection" : "122", "text" : " ARTICLE 4\\n RESIDENCE AND REMOVAL\\nSection 117. State residence.\\n 118. Qualification on residence.\\n 118-c. Family court cases; state charges.\\n 121. Removal of persons to another state or country.\\n 122. Noncitizens.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "117", "title" : "State residence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "117", "activeDate" : "2022-12-16", "sequenceNo" : 159, "repealedDate" : null, "fromSection" : "117", "toSection" : "117", "text" : " § 117. State residence. 1. Any person who shall reside in the state\\ncontinuously for one year under the conditions hereinafter specified\\nshall be deemed to have state residence. State residence so acquired\\nshall continue until such person shall have removed from the state and\\nremained therefrom for one year; provided, however, that no person shall\\nlose state residence by absence from the state while serving in the\\narmed forces of the United States or in the United States merchant\\nmarine, or while attached to and serving with the armed forces of the\\nUnited States and, provided further, that no member of the family of any\\nsuch person shall lose state residence by absence from the state while\\nliving with or near such person during the period of such service and on\\naccount thereof.\\n 2. An infant shall, at the time of birth, whether within or without\\nthe state, be deemed to have state residence if he is in the custody of\\nboth birth parents and either of them has state residence or if the\\nbirth parent having his custody has state residence. State residence so\\nacquired by a child born within the state shall continue until the child\\nshall have removed from the state and remained therefrom for one year.\\nState residence so acquired by a child born without the state shall\\nterminate when he becomes one year of age if he remains without the\\nstate during such year. For the purpose of this subdivision and section,\\na child born out of wedlock whose birth parents were living together on\\nthe date of his birth shall be deemed to have been in the custody of\\nboth his parents on such date if his birth father has acknowledged or\\nbeen adjudicated to be such.\\n 3. (a) Notwithstanding any other provision of law, no public\\nassistance benefits shall be paid to or for any person who is not a\\nresident of the state as provided in this article, except that\\nassistance shall be provided to a person who is otherwise eligible\\nduring the first twelve months in the state at a rate not exceeding the\\nhigher of fifty percent of the amount otherwise payable or the standard\\nof need applicable to the person under the laws of the state, if any, in\\nwhich he or she resided immediately prior to arrival in this state, but\\nunder no circumstances may such allowances exceed the amounts payable to\\na resident under this chapter; and no assistance shall be provided for\\nany noncitizen during the first twelve months such person resides in the\\nUnited States, except as set forth in paragraph (b) of this subdivision\\nand except persons domiciled in the state on the effective date of this\\nsection, and except as otherwise required by federal law. For purposes\\nof this section, the standard of payment applicable in another state\\nshall refer to a schedule of comparative grants to be promulgated\\nbiennially, setting forth the amount of that state's maximum standard of\\npayment with respect to each such program, if any, for each household\\nsize for any state which financially participates in or mandates a\\nprogram under title IV-A of the federal social security act or a general\\nassistance or disability assistance program.\\n (b) This subdivision shall not apply to any person entitled to\\nfederally funded refugee cash assistance under Title IV of the\\nImmigration and Nationality Act or to any person participating in a\\nproject authorized under section 412(e) of the Immigration and\\nNationality Act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "118", "title" : "Qualification on residence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "118", "activeDate" : "2021-08-13", "sequenceNo" : 160, "repealedDate" : null, "fromSection" : "118", "toSection" : "118", "text" : " § 118. Qualification on residence. The continuous residence required\\nto acquire state residence or to establish liability for payment for\\nhospital or other institutional care shall not include any period during\\nwhich the person was (a) a patient in a hospital, or\\n (b) an incarcerated individual of any public institution or any\\nincorporated private institution, or\\n (c) if a child under the age of twenty-one years, in a boarding home\\nunder the care of an authorized agency, or\\n (d) residing on any military reservation.\\nIf, however, the periods of residence immediately prior and subsequent\\nto the period specified in a, b, c, or d, shall together equal the\\nrequired period of residence, such person shall be deemed to have had\\nthe required continuous residence.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "118-C", "title" : "Family court cases; state charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "118-C", "activeDate" : "2014-09-22", "sequenceNo" : 161, "repealedDate" : null, "fromSection" : "118-C", "toSection" : "118-C", "text" : " § 118-c. Family court cases; state charges. In the event a child who\\nis residing on any Native American reservation within the state is\\ncommitted or placed by a court of competent jurisdiction as a\\ndelinquent, abused, neglected, or abandoned child, or person in need of\\nsupervision, or upon any ground specified in section three hundred\\neighty-four-b of this chapter, the state, shall reimburse the social\\nservices district from which the child was committed for the full cost\\nof care and maintenance of the child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "121", "title" : "Removal of persons to another state or country", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "121", "activeDate" : "2014-09-22", "sequenceNo" : 162, "repealedDate" : null, "fromSection" : "121", "toSection" : "121", "text" : " § 121. Removal of persons to another state or country. 1. When any\\nperson who is cared for at the expense of the state or of any public\\nwelfare district has settlement or residence or otherwise belongs to or\\nhas legally responsible relatives able or friends willing to undertake\\nthe obligations to support him or to aid in supporting him in any other\\nstate or country, the department may furnish him with transportation to\\nsuch state or country, provided, in its judgment the interest of the\\nstate and the welfare of such person will be thereby promoted.\\n 2. The expense of such removal shall be paid from the state treasury\\non the audit and warrant of the comptroller pursuant to a verified\\naccount submitted by the department and in accordance with the\\nprovisions of paragraph d of subdivision one of section one hundred\\nfifty-three of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "122", "title" : "Noncitizens", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2019-12-20", "2020-11-13", "2022-04-22", "2022-12-16", "2023-04-07" ], "docLevelId" : "122", "activeDate" : "2023-04-07", "sequenceNo" : 163, "repealedDate" : null, "fromSection" : "122", "toSection" : "122", "text" : " § 122. Noncitizens. 1. Notwithstanding any law to the contrary, no\\nperson except a citizen or a noncitizen who has been duly naturalized as\\na citizen shall be eligible for additional state payments for aged,\\nblind and disabled persons, family assistance, safety net assistance,\\nservices funded under title XX of the federal social security act, or\\nmedical assistance, subject to the following exceptions:\\n (a) The following persons shall, if otherwise eligible, receive\\nbenefits under such programs:\\n (i) a refugee who entered the United States within the previous five\\nyears with respect to benefits under the temporary assistance to needy\\nfamilies block grant program and the safety net assistance program and\\nwithin the previous seven years with respect to medical assistance;\\n (ii) an asylee who was granted asylum within the previous five years\\nwith respect to benefits under the temporary assistance to needy\\nfamilies block grant program and the safety net assistance program and\\nwithin the previous seven years with respect to medical assistance;\\n (iii) a person for whom deportation was withheld within the previous\\nfive years with respect to benefits under the temporary assistance to\\nneedy families block grant program and the safety net assistance program\\nand within the previous seven years with respect to medical assistance;\\n (iv) except as otherwise required by federal law, a person lawfully\\nadmitted for permanent residence who has worked for or can be credited\\nwith forty qualifying quarters as defined under title II of the federal\\nSocial Security Act, exclusive of any quarter after the thirty-first day\\nof December, nineteen hundred ninety-six in which such person or such\\nperson's parent or spouse received any federal means tested assistance;\\n (v) any noncitizen lawfully residing in the state who is on active\\nduty in the armed forces (other than active duty for training) or who\\n(1) has received an honorable discharge (and not on account of\\nnoncitizen status) from the armed forces, or (2) has a qualifying\\ncondition, as defined in section one of the veterans' services law, and\\nhas received a discharge other than bad conduct or dishonorable (and not\\non account of noncitizen status) from the armed forces, or (3) is a\\ndischarged LGBT veteran, as defined in section one of the veterans'\\nservices law, and has received a discharge other than bad conduct or\\ndishonorable (and not on account of noncitizen status) from the armed\\nforces, or the spouse, unremarried surviving spouse or unmarried\\ndependent child of any such noncitizen, if such noncitizen, spouse or\\ndependent child is a qualified alien as defined in section 431 of the\\nfederal personal responsibility and work opportunity reconciliation act\\nof 1996 (8 U.S. Code 1641), as amended;\\n (vi) a noncitizen granted status as a Cuban and Haitian entrant as\\ndefined in section 501(e) of the federal Refugee Education Act of 1980\\nwithin the previous five years with respect to benefits under the\\ntemporary assistance to needy families block grant program, and safety\\nnet assistance and within the previous seven years with respect to\\nmedical assistance; and\\n (vii) a noncitizen admitted to the United States as an Amerasian\\nimmigrant as described in section 402(a)(2)(A) of the federal personal\\nresponsibility and work opportunity reconciliation act of 1996 within\\nthe previous five years with respect to benefits under the temporary\\nassistance to needy families block grant program, and safety net\\nassistance and within the previous seven years with respect to medical\\nassistance.\\n (b) The following persons, not described in paragraph (a) of this\\nsubdivision, shall, if otherwise eligible, be eligible for family\\nassistance, medical assistance, and safety net assistance:\\n (i) a noncitizen who is a qualified alien as defined in section 431 of\\nthe federal personal responsibility and work opportunity reconciliation\\nact of 1996 (8 U.S. Code 1641), as amended, who entered the United\\nStates before the twenty-second day of August, nineteen hundred\\nninety-six and continuously resided in the United States until attaining\\nqualified status; and\\n (ii) a qualified alien who entered the United States five years or\\nmore earlier with a status within the meaning of the term \"qualified\\nalien\" as defined in section 431 of the federal personal responsibility\\nand work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as\\namended, if such entry occurred on or after the twenty-second day of\\nAugust, nineteen hundred ninety-six.\\n (c) The following persons, not described in paragraph (a) or (b) of\\nthis subdivision, shall, if otherwise eligible, be eligible for safety\\nnet assistance and medical assistance, except that medical assistance\\nshall be limited to care and services (not including care and services\\nrelated to an organ transplant procedure) necessary for the treatment of\\nan emergency medical condition as that term is defined in section 1903\\nof the federal social security act unless and until federal financial\\nparticipation is available for the costs of providing medical assistance\\nprovided, however, that any such person who, on the fourth day of\\nAugust, nineteen hundred ninety-seven was residing in a residential\\nhealth care facility licensed by the department of health or in a\\nresidential facility licensed, operated or funded by the office of\\nmental health or the office for people with developmental disabilities,\\nand was in receipt of a medical assistance authorization based on a\\nfinding that he or she was a person permanently residing in the United\\nStates under color of law shall, if otherwise eligible, be eligible for\\nmedical assistance and provided, further, that any such person who, on\\nthe fourth day of August, nineteen hundred ninety-seven, was diagnosed\\nas having AIDS, as defined in subdivision one of section two thousand\\nseven hundred eighty of the public health law, and was in receipt of\\nmedical assistance authorization pursuant to title eleven of article\\nfive of this chapter based on a finding that he or she was a person\\npermanently residing in the United States under color of law shall, if\\notherwise eligible, be eligible for medical assistance:\\n (i) a qualified alien who entered the United States less than five\\nyears earlier or for less than five years has had a status within the\\nmeaning of the term \"qualified alien\" as defined in section 431 of the\\nfederal personal responsibility and work opportunity reconciliation act\\nof 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or\\nafter the twenty-second day of August, nineteen hundred ninety-six; and\\n (ii) a noncitizen whose status is not within the meaning of the term\\n\"qualified alien\" as defined in section 431 of the federal personal\\nresponsibility and work opportunity reconciliation act of 1996 (8 U.S.\\nCode 1641), as amended, but who is otherwise permanently residing in the\\nUnited States under color of law.\\n (d) A person paroled into the United States for a period of less than\\none year shall, if otherwise eligible, be eligible to receive any state\\nor local non-federal assistance provided under this chapter on the same\\nterms as such programs are available to persons who are qualified aliens\\nas defined in section 431 of the federal personal responsibility and\\nwork opportunity reconciliation act of 1996 (8 U.S. Code 1641), as\\namended.\\n (e) Nothing herein shall preclude the receipt by any noncitizen of\\ncommunity based non-cash assistance in accordance with the directions of\\nthe United States attorney general or the receipt of medical assistance\\nfor care and services (not including care and services related to an\\norgan transplant procedure) necessary to treat an emergency medical\\ncondition as that term is defined in section 1903 of the federal social\\nsecurity act.\\n (f) A noncitizen who is not ineligible for federal supplemental\\nsecurity income benefits by reason of noncitizen status shall, if\\notherwise eligible, be eligible to receive additional state payments for\\naged, blind or disabled persons under section two hundred nine of this\\nchapter.\\n (g) Noncitizens receiving supplemental security income benefits or\\nadditional state payments for aged, blind and disabled persons under\\nsection two hundred nine of this chapter shall be eligible for medical\\nassistance if otherwise eligible.\\n (h) Qualified aliens as defined in section 431 of the federal personal\\nresponsibility and work opportunity reconciliation act of 1996 (8 U.S.\\nCode 1641), as amended, if otherwise eligible and except as otherwise\\nprovided by federal law, shall be eligible for services pursuant to\\ntitle XX of the federal social security act.\\n 2. Any noncitizen, including a noncitizen who is not a qualified alien\\nas defined in section 431 of the federal personal responsibility and\\nwork opportunity reconciliation act of 1996 (8 U.S. Code 1641), as\\namended, is eligible for adult protective services and services and\\nassistance relating to child protection to the extent that such person\\nis otherwise eligible pursuant to this chapter and the regulations of\\nthe department.\\n 3. Each social services district shall report to the department, in\\naccordance with regulations of the department, the name and address and\\nother identifying information known to it with respect to any noncitizen\\nknown to be unlawfully in the United States.\\n 4. To the extent permitted by federal law and regulation, the income\\nand resources of a sponsor of a noncitizen, who has signed an affidavit\\nof support pursuant to section 213A of the immigration and\\nnaturalization act, and the income and resources of such sponsor's\\nspouse, shall be deemed available to such noncitizen for purposes of\\ndetermining the eligibility of such noncitizen for assistance funded\\nunder the temporary for assistance funded under the temporary assistance\\nto needy families block grant and medical assistance.\\n 5. If and to the extent that the family assistance, safety net\\nassistance, state additional payments in the supplemental security\\nincome program, emergency assistance to aged, blind or disabled adults\\nor medical assistance is paid to or on behalf of a noncitizen for whom\\nan affidavit of support pursuant to section 213A of the immigration and\\nnaturalization act has been signed, the social services district shall\\nrequest reimbursement by the sponsor in the amount of such assistance,\\nand, if the sponsor does not within forty-five days of such request\\nindicate a willingness to commence payments, such social services\\ndistrict may commence an action against the sponsor pursuant to the\\naffidavit. Remedies available to enforce an affidavit of support include\\nall of the remedies described in sections 3201, 3202, 3204 and 3205 of\\ntitle 28 of the United States Code, as well as an order for specific\\nperformance and payment of legal fees and other costs of collection, and\\ninclude corresponding remedies available under state law; provided,\\nhowever, that no action shall be brought more than ten years after\\nassistance was last given.\\n 6. Nothing in this section shall be interpreted as affecting the\\neligibility for pre-natal care benefits for persons otherwise eligible\\nfor such benefits.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5", "title" : "Assistance and Care", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-12-25", "2019-01-11", "2021-04-23", "2021-12-31", "2023-05-12" ], "docLevelId" : "5", "activeDate" : "2023-05-12", "sequenceNo" : 164, "repealedDate" : null, "fromSection" : "131", "toSection" : "370-AA", "text" : " ARTICLE 5\\n ASSISTANCE AND CARE\\nTitle 1. General provisions (§§ 131--152-d).\\n 2. State reimbursement for public assistance and care\\n (§§ 153--153-k).\\n 3. Home relief (§§ 157-165).\\n 4. Veteran assistance (§§ 168-178).\\n 5. Public institutional care for adults (§§ 193-202).\\n 6. Additional state payments for eligible aged, blind and\\n disabled persons (§§ 207-212).\\n 7. Services for the aged, blind or disabled (§§ 250-259).\\n 8. Emergency assistance for aged, blind and disabled persons\\n (§§ 300-309).\\n 9-A. Equipment loan fund for the disabled (§§326-a--326-b).\\n 9-B. Public assistance employment programs (§§ 330-342-a).\\n 10. Aid to dependent children (§§ 343-360).\\n 11. Medical assistance for needy persons (§§ 363-369).\\n 11-B. Health insurance continuation program for persons with AIDS.\\n (§§ 369-k--369-n).\\n 11-C. Medicaid drug utilization review (§§ 369-aa--369-dd).\\n 11-D. Family health plus program (§ 369-gg-369-hh).\\n 12. Community centers and services for senior citizens\\n (§§ 370--370-b).\\n 12-A. Supports and services for youth suffering from adverse\\n childhood experiences (§ 370-c).\\n 13. State heating fuel crisis assistance (§ 370-aa).\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2019-05-03", "2021-04-23", "2021-12-03", "2021-12-17", "2021-12-31", "2022-03-04", "2022-07-22", "2022-12-16", "2023-05-12", "2023-12-29", "2024-02-16" ], "docLevelId" : "1", "activeDate" : "2023-05-12", "sequenceNo" : 165, "repealedDate" : null, "fromSection" : "131", "toSection" : "152-D", "text" : " TITLE 1\\n GENERAL PROVISIONS\\nSection 131. Assistance, care and services to be given.\\n 131-a. Monthly grants and allowances of public assistance.\\n 131-aa. Monthly statistical reports.\\n 131-aaa. Availability of adverse childhood experiences services.\\n 131-b. Fees for services.\\n 131-bb. Family homelessness and eviction prevention supplement\\n program.\\n 131-c. Inclusion of parents and siblings of a minor in the\\n public assistance household.\\n 131-d. Substance abuse rehabilitative and preventive services.\\n 131-e. Family planning services.\\n 131-f. Retroactive social security benefit increases.\\n 131-g. Authority to accept public and private gifts.\\n 131-h. Authority to operate family homes for adults.\\n 131-i. Social services districts; agreements.\\n 131-i*2. Family loan program.\\n 131-j. Certain utility deposits.\\n 131-k. Undocumented noncitizens.\\n 131-l. Exclusion of agent orange benefits.\\n 131-m. Information on resource referral services.\\n 131-n. Exemption of income and resources.\\n 131-o. Personal allowances accounts.\\n 131-p. Group health insurance benefits; condition of\\n eligibility.\\n 131-q. Electronic payment file transfer system pilot project.\\n 131-r. Liability for reimbursement of public assistance\\n benefits.\\n 131-s. Payments made for utility service for recipients of\\n public assistance benefits, supplemental security\\n income benefits or additional state payments.\\n 131-t. Periodic reporting.\\n 131-u. Domestic violence services.\\n 131-v. Temporary emergency shelter.\\n 131-w. Limitations in the payment of rent arrears.\\n 131-x. Reverse mortgage loans.\\n 131-z. Child assistance program.\\n 131-zz. Child poverty reduction.\\n 132. Investigation of applications.\\n 132-a. Children born out of wedlock; special provisions.\\n 133. Temporary preinvestigation emergency needs assistance\\n or care.\\n 133-a. Contracts for distribution of public assistance grants.\\n 134. Supervision.\\n 134-a. Conduct of investigation.\\n 134-b. Front end detection system.\\n 134-c. Requirement to publicly post information.\\n 135. Cooperation of public welfare officials.\\n 136. Protection of public welfare records.\\n 136-a. Information from state tax commission and the\\n comptroller.\\n 137. Exemption from levy and execution.\\n 137-a. Exemption of earnings of recipients from assignment,\\n income execution and installment payment order.\\n 138-a. Responsibility of the department for recipients in\\n family care.\\n 139-a. Special provisions to avoid abuse of assistance and\\n care.\\n 141. Burial of the dead.\\n 142. Exclusiveness of eligibility requirements.\\n 142-a. Federal economic opportunity act grants or payments;\\n effect on eligibility for certain public assistance\\n or care.\\n 142-b. Federal manpower development training act and\\n elementary and secondary education act grants or\\n payments; effect on eligibility for certain public\\n assistance or care.\\n 143. Information to be given by employers of labor to social\\n services officials, the department, family court and\\n the state department of mental hygiene.\\n 143-a. Information to be given to public welfare officials by\\n retail instalment sellers, small loan companies and\\n sales finance companies.\\n 143-b. Avoidance of abuses in connection with rent checks.\\n 143-c. Avoidance of abuses in connection with rent security\\n deposits.\\n 144. Power of public welfare officials and service officers\\n to administer oaths; power of public welfare\\n officials to subpoena persons liable for support and\\n compel production of records.\\n 144-a. Information to be given to officials of the department\\n and of social services districts.\\n 145. Penalties.\\n 145-a. Judgment liens.\\n 145-b. False statements; actions for treble damages.\\n 145-c. Sanctions.\\n 146. Penalty for the sale or exchange of assistance\\n supplies.\\n 147. Misuse of food stamps, food stamp program coupons,\\n authorization cards and electronic access devices.\\n 148. Penalty for unlawfully bringing a needy person into a\\n public welfare district.\\n 149. Penalty for bringing a needy person into the state.\\n 150. Penalty for neglect to report or for making false\\n report.\\n 151. Penalties for cashing public assistance checks or\\n accepting electronic benefit transfers from public\\n assistance recipients.\\n 152. Payments to the New York public welfare association;\\n attendance at conventions of public welfare\\n officials.\\n 152-a. Burial reserves for certain recipients of public\\n assistance or care from assigned assets.\\n 152-b. Surplus after recovery of cost of public assistance and\\n care; unclaimed funds.\\n 152-c. Menstrual products.\\n 152-d. Replacement of stolen public assistance.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131", "title" : "Assistance, care and services to be given", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-07-03", "2026-05-22" ], "docLevelId" : "131", "activeDate" : "2020-07-03", "sequenceNo" : 166, "repealedDate" : null, "fromSection" : "131", "toSection" : "131", "text" : " § 131. Assistance, care and services to be given. 1. It shall be the\\nduty of social services officials, insofar as funds are available for\\nthat purpose, to provide adequately for those unable to maintain\\nthemselves, in accordance with the requirements of this article and\\nother provisions of this chapter. They shall, whenever possible,\\nadminister such care, treatment and service as may restore such persons\\nto a condition of self-support or self-care, and shall further give such\\nservice to those liable to become destitute as may prevent the necessity\\nof their becoming public charges.\\n 2. It shall be the duty of social services officials, insofar as funds\\nare available for that purpose, to cooperate with the directors of state\\ndepartment of mental hygiene facilities in order to assist patients\\ndischarged or about to be discharged from mental hygiene institutions in\\ntheir transition to a condition of self-support and self-care in the\\ncommunity.\\n 3. As far as possible families shall be kept together, they shall not\\nbe separated for reasons of poverty alone, and they shall be provided\\nservices to maintain and strengthen family life. In providing such\\nservices, the public welfare official may utilize appropriate community\\nresources, including non-profit private agencies. Whenever practicable,\\nassistance and service shall be given a needy person in his own home.\\nThe commissioner of public welfare may, however, in his discretion,\\nprovide assistance and care in a boarding home, a home of a relative, a\\npublic or private home or institution, or in a hospital.\\n 4. For needy persons who are members of a family household, the\\nstandard of need for determining their eligibility for public assistance\\nshall be as prescribed by section one hundred thirty-one-a of this\\nchapter and applicable federal requirements. For needy persons who are\\nnot members of a family household, the department shall continue to\\ndetermine the standard of need for determining their eligibility for\\npublic assistance pursuant to the provisions of this chapter and\\napplicable federal requirements.\\n 5. No public assistance shall be given to an applicant for or\\nrecipient of public assistance who has failed to comply with the\\nrequirements of this chapter, or has refused to accept employment in\\nwhich he or she is able to engage.\\n 5-a. The state commissioner of labor, in cooperation with the\\ncommissioner and with individual local social services officials, is\\nhereby authorized to locate jobs services personnel wherever\\nappropriate, in order to achieve the employment objectives of this\\nchapter. Local social services officials, in cooperation with the\\ncommissioner and the commissioner of labor, are authorized to locate\\nsocial services personnel wherever appropriate, in order to achieve the\\nemployment objectives of this chapter.\\n 6. No individual who is under the age of eighteen and is not married,\\nwho resides with and provides care for his or her dependent child or is\\npregnant and otherwise entitled to family assistance shall receive\\nfamily assistance for himself or herself unless the individual,\\nindividual and child or pregnant woman resides in a place of residence\\nmaintained as a home by the individual's parent, legal guardian or other\\nadult relative or in an adult-supervised supportive living arrangement.\\nWhere possible, any such benefits to be paid on behalf of such\\nindividual, individual and child or pregnant woman shall be provided by\\nthe social services district to the parent, legal guardian or other\\nadult relative with whom such individual, individual and child or\\npregnant woman resides. The requirement to reside with a parent,\\nguardian or adult relative shall not apply if (a) the individual has no\\nliving parent, legal guardian or other appropriate adult relative who is\\nliving or whose whereabouts are known or (b) no living parent or legal\\nguardian of such individual allows the individual to live in his or her\\nhome or (c) the individual or minor child is being or has been subjected\\nto serious physical or emotional harm, sexual abuse or exploitation in\\nthe residence of the parent or guardian or (d) substantial evidence\\nexists of imminent or serious harm if such individual or dependent child\\nwere to live in the same residence with the individual's parent or legal\\nguardian or (e) it is in the minor child's best interests to waive such\\nrequirement with respect to the individual or minor child, as determined\\nin accordance with department regulations, consistent with federal law\\nand regulations. Unless the individual's current living arrangement is\\nappropriate, an individual and his or her minor child who are not\\nrequired hereunder to reside with a parent, guardian or adult relative\\nshall be required as a condition of assistance to reside in an adult\\nsupervised supportive living arrangement approved by the district in\\naccordance with standards set by the department and taking into account\\nthe needs and concerns of the individual, including but not limited to a\\nsecond chance home or maternity home. A \"second chance home\" is a\\nfacility which provides teen parents with a supportive and supervised\\nliving arrangement in which they are required to learn parenting skills,\\nincluding child development, family budgeting, health and nutrition and\\nother skills to promote long-term economic independence and the\\nwell-being of their children. Social services districts shall provide\\nadult supervised supportive living arrangements or assist individuals in\\nlocating them. If a child subject to the requirements of this\\nsubdivision alleges facts which, if true, would render the requirement\\nto live with a parent, guardian or other adult relative inapplicable by\\nreason of paragraph (c) or (d) of this subdivision, a social services\\ndistrict shall take no action to deny assistance under the authority of\\nthis subdivision unless it has duly investigated in accordance with\\nsection four hundred twenty-four of this chapter and made a contrary\\nfinding. If a social services district denies assistance after a child\\nalleges facts which, if true, would render this subdivision inapplicable\\nby reason of paragraph (c) or (d) of this subdivision, the applicant\\nshall be entitled to a fair hearing pursuant to section twenty-two of\\nthis chapter held within thirty days of the request, if the request is\\ntimely made.\\n 7. a. Care, treatment and service as provided in subdivision one of\\nthis section may include, in accordance with applicable federal and\\nstate requirements, if any, medical care, instruction and work training\\nto restore health, aptitudes and capabilities or develop new aptitudes\\nand skills for the purpose of preparing individuals for gainful\\nemployment.\\n b. A public welfare official responsible for the assistance and care\\nof a person who, in the judgment of such official, is employable or\\npotentially employable, may require such person to receive suitable\\nmedical care and/or undergo suitable instruction and/or work training.\\nAny such person who wilfully refuses to accept such medical care,\\nrefuses or fails to report for or cooperate in a program of instruction\\nand/or work training as required by the public welfare official, shall\\nbe ineligible to receive public assistance and care. However, the\\nrequirements of this provision relating to instruction and work training\\nshall not apply in the case of a person who is not available for\\nemployment by reason of age, health or other disability.\\n c. The provisions of this section shall not confer authority on a\\nsocial services official to provide instruction which is available\\nthrough the public school system, but regulations of the department may\\nmake provision for such authority when special need therefor is\\ndemonstrated.\\n 8. This section shall be construed to require the employment of such\\nemployees as may be necessary and qualified to perform or provide the\\nspecialized services indicated by federal or state requirements.\\n 9. Upon determining that a person is eligible for any form or category\\nof public assistance, the social services official shall issue to any\\nsuch person to whom payment is to be made, an appropriate payment access\\ncard, in a form approved by the office of temporary and disability\\nassistance, which shall be used as the office of temporary and\\ndisability assistance, by regulation, may prescribe for improved\\nadministration.\\n 10. Any applicant who voluntarily terminated his or her employment or\\nvoluntarily reduced his or her earning capacity for the purpose of\\nqualifying for public assistance or a larger amount thereof shall be\\ndisqualified from receiving such assistance for ninety days from such\\ntermination or reduction, unless otherwise required by federal law or\\nregulation. Any applicant who applies for public assistance within\\nninety days after voluntarily terminating his or her employment or\\nreducing his or her earning capacity shall, unless otherwise required by\\nfederal law or regulation, be deemed to have voluntarily terminated his\\nor her employment or reduced his or her earning capacity for the purpose\\nof qualifying for such assistance or a larger amount thereof, in the\\nabsence of evidence to the contrary supplied by such person.\\n 11. Social services officials are hereby authorized to furnish\\nassistance which duplicates assistance already granted, but, unless\\notherwise specifically required by the provisions of title eight of\\narticle five of this chapter, (i) in no event shall such officials be\\nrequired to furnish such assistance and (ii) in no event shall state\\nreimbursement be available for such expenditures, provided, however,\\nthat any payment required by a court of competent jurisdiction shall be\\nsubject to state reimbursement.\\n 12. Notwithstanding any provision of this chapter or other law to the\\ncontrary, no public assistance or food stamps shall be given to any\\nindividual during the ten-year period that begins on the date the\\nindividual is convicted in federal or state court of having made a\\nfraudulent statement or representation with respect to his or her place\\nof residence in order to receive public assistance, medical assistance\\nor food stamps simultaneously from two or more states or supplemental\\nsecurity income in two or more states. The preceding sentence shall not\\napply with respect to a conviction of an individual in any month\\nbeginning after the president of the United States grants a pardon with\\nrespect to the conduct which was the subject of the conviction.\\n 13. Social services districts shall provide all applicants and\\nrecipients of public assistance with children five years of age or less\\nwith information and a schedule regarding age-appropriate immunizations\\nfor children in accordance with the recommendations of the department of\\nhealth and the immunization practices advisory committee of the United\\nStates department of health and human services. The telephone number of\\nthe local county health department shall be included on the immunization\\nschedule.\\n 14. (a) Notwithstanding any provision of this chapter or other law to\\nthe contrary, no public assistance shall be given to any individual who\\nis (i) fleeing to avoid prosecution or custody or conviction under the\\nlaws of the place from which the individual flees for a crime, or an\\nattempt to commit a crime, which is a felony under the laws of the place\\nfrom which the individual flees or which, in the case of the state of\\nNew Jersey, is a high misdemeanor under the laws of such state or (ii)\\nviolating a condition of probation or parole imposed under federal or\\nstate law.\\n (b) For purposes of this section, if and to the extent permitted by\\nfederal law, a person shall be considered to be violating a condition of\\nprobation or parole only if:\\n (i) he or she is currently an absconder from probation or parole\\nsupervision and a warrant alleging such a violation is outstanding; or\\n (ii) he or she has been found by judicial determination to have\\nviolated probation or by administrative adjudication by the department\\nof corrections and community supervision to have violated parole.\\n Such person shall be considered to be violating a condition of\\nprobation or parole only until he or she is restored to probation or\\nparole supervision or released from custody, or until the expiration of\\nthe person's maximum period of imprisonment or supervision, whichever\\noccurs first.\\n (c) A person considered to be violating a condition of probation or\\nparole under this section shall include a person who is violating a\\ncondition of probation or parole imposed under federal law.\\n (d) For purposes of this section, probation or parole shall include\\nconditional release, wherever applicable.\\n 15. Notwithstanding any provision of this chapter or other law to the\\ncontrary, no public assistance shall be given to or for any minor child\\nwho has been or is expected to be absent from the home of his or her\\nparent or other caretaker relative for a consecutive period of\\nforty-five days or more without good cause as set forth in regulations\\nof the department, nor shall any assistance be given to any parent or\\nother caretaker relative who fails to notify the social services\\ndistrict of the absence of the minor child within five days after it\\nbecomes clear to the parent (or relative) that the child will be absent\\nfor a consecutive period of forty-five days or more. Good cause shall\\ninclude absence for placement in foster care if the goal set forth in\\nthe child service plan under section four hundred nine-e of this chapter\\nis the return of the child to a member of the household, or attendance\\nat school or hospitalization, if it is in the best interests of the\\nchild to return home and return is expected within a reasonable time.\\n 16. If, in accordance with section one hundred fifty-eight, three\\nhundred forty-nine-b or other provisions of this chapter, the social\\nservices official determines that an individual is not cooperating in\\nestablishing paternity or in establishing, modifying, or enforcing a\\nsupport order with respect to a child of the individual, and the\\nindividual does not have good cause for such failure or is not otherwise\\nexcepted from so cooperating in accordance with regulations of the\\ndepartment, the assistance given to the household shall be reduced by\\ntwenty-five percent.\\n 18. Notwithstanding any provision of this chapter or other law to the\\ncontrary, no public assistance shall be given to any parent under the\\nage of eighteen, who is not married and has a minor child twelve weeks\\nof age or more in his or her care and who has not successfully completed\\na high school education or its equivalent if such individual does not\\nparticipate in educational activities directed toward the attainment of\\na high school diploma or its equivalent or an alternative educational or\\ntraining program directly related to employment and approved by the\\nsocial services district. No person shall be denied assistance under\\nthis subdivision during any period of time in which enrollment in\\nrequired educational activities is not available. Nothing herein shall\\nprohibit a social services district from requiring any person to work\\ntoward attaining a secondary school diploma or its equivalent unless\\nsuch person has been determined by a medical, psychiatric or other\\nappropriate professional to lack the requisite capacity to complete\\nsuccessfully such a course of study.\\n 19. When a recipient claims that his or her system access device has\\nbeen lost, stolen, or destroyed, or that the security features of the\\ncard have been compromised, the local social services district, subject\\nto reasonable terms and conditions set forth in department regulations\\nand policies, shall provide the recipient with a replacement card within\\nforty-eight hours exclusive of weekends and holidays.\\n 20. In accordance with the provisions of this subdivision and the\\nregulations of the office of temporary and disability assistance, social\\nservices districts shall make all applicants for and recipients of\\npublic assistance aware of their option to receive an information packet\\nappropriate for victims of sexual assault. Such information packet shall\\nbe made available to all individuals who demonstrate a need for or who\\nare interested in receiving services appropriate for victims of sexual\\nassault, and shall include referral and contact information for all\\nlocal programs that provide services to victims of sexual assault\\nincluding, but not limited to:\\n (a) sexual assault examiner programs, including a list of any local\\nhospitals offering sexual assault forensic examiner services certified\\nby the department of health;\\n (b) rape crisis centers; and\\n (c) other advocacy, counseling, and hotline services appropriate for\\nvictims of sexual assault.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-A", "title" : "Monthly grants and allowances of public assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-01-15", "2016-05-13", "2018-04-27", "2018-07-13", "2019-11-29", "2020-04-10", "2021-06-18", "2022-04-15", "2022-04-22", "2022-07-01", "2022-10-07", "2022-12-30", "2023-01-06", "2023-03-24", "2023-03-31", "2023-05-12", "2024-01-05", "2025-05-16", "2025-11-07" ], "docLevelId" : "131-A", "activeDate" : "2023-05-12", "sequenceNo" : 167, "repealedDate" : null, "fromSection" : "131-A", "toSection" : "131-A", "text" : " § 131-a. Monthly grants and allowances of public assistance. 1. Any\\ninconsistent provision of this chapter or other law notwithstanding,\\nsocial services officials shall, in accordance with the provisions of\\nthis section and regulations of the department, provide public\\nassistance to needy persons who constitute or are members of a family\\nhousehold, who are determined to be eligible in accordance with\\nstandards of need established in subdivision two. Provision for such\\npersons, for all items of need, less any available income or resources\\nwhich are not required to be disregarded by other provisions of this\\nchapter, shall be made in accordance with this section. Such provision\\nshall be made in monthly or semi-monthly allowances and grants within\\nthe limits of the schedules included in subdivision three of this\\nsection except for additional amounts which shall be included therein\\nfor shelter, fuel for heating, additional cost of meals for persons who\\nare unable to prepare meals at home and for other items for which\\nspecific provision is otherwise made in article five. As used in this\\nsection the term \"shelter\" may include a grant not to exceed two\\nthousand five hundred dollars toward the purchase of an interest in a\\ncooperative. A social services official shall require assignment of\\nrecipient's equity in such cooperative housing in accordance with the\\nrules of the board and regulations of the department.\\n 2. (a) Through June thirtieth, two thousand nine, the following\\nschedule shall be the standard of monthly need for determining\\neligibility for all categories of assistance in and by all social\\nservices districts:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $112 $179 $238 $307 $379 $438\\n For each additional person in the household there shall be added an\\nadditional amount of sixty dollars monthly.\\n (a-1) For the period beginning July first, two thousand nine and\\nending June thirtieth, two thousand ten, the following schedule shall be\\nthe standard of monthly need for determining eligibility for all\\ncategories of assistance in and by all social services districts:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $126 $201 $268 $345 $426 $492\\n For each additional person in the household there shall be added an\\nadditional amount of sixty-seven dollars monthly.\\n (a-2) For the period beginning July first, two thousand ten and ending\\nJune thirtieth, two thousand twelve, the following schedule shall be the\\nstandard of monthly need for determining eligibility for all categories\\nof assistance in and by all social services districts:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $141 $225 $300 $386 $477 $551\\n For each additional person in the household there shall be added an\\nadditional amount of seventy-five dollars monthly.\\n (a-3) For the period beginning July first, two thousand twelve and\\nending September thirtieth, two thousand twelve, the following schedule\\nshall be the standard of monthly need for determining eligibility for\\nall categories of assistance in and by all social services districts:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $150 $239 $317 $409 $505 $583\\n For each additional person in the household there shall be added an\\nadditional amount of eighty dollars monthly.\\n (a-4) For the period beginning October first, two thousand twelve and\\nthereafter, the following shall be the standard of monthly need for\\ndetermining eligibility for all categories of assistance in and by all\\nsocial services districts:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $158 $252 $336 $433 $534 $617\\n For each additional person in the household there shall be added an\\nadditional amount of eighty-five dollars monthly.\\n (b) In addition to the above, the standard of need shall include\\namounts for shelter and fuel for heating, amounts for home energy\\npayments (including amounts for supplemental home energy grants),\\namounts for additional cost of meals for persons who are unable to\\nprepare meals at home and amounts for other items when required by\\nindividual case circumstances for which specific provision is otherwise\\nmade in article five of this chapter. For purposes of determining the\\namount to be included in the standard of need for shelter and fuel for\\nheating, to the extent that federal reimbursement is available therefor,\\nsocial services officials shall include in the household any child who\\nhas entered foster care pursuant to section three hundred eighty-four-a\\nof this chapter who was eligible for and in receipt of assistance and\\ncare as a member of the household in and for the month of entry into\\nfoster care and for whom the family service plan, as defined in section\\nfour hundred nine-e of this chapter, includes a goal of discharge to a\\nmember of the household.\\n (c) Notwithstanding the provisions of this chapter or of any other law\\nor regulation to the contrary, on and after the effective date of this\\nparagraph, the amount to be included in the standard of need for shelter\\nfor an eligible tenant residing in city, state or federal public housing\\nshall be the greater of (i) the shelter allowance for public housing\\nprescribed by regulations of the department, (ii) the amount payable\\npursuant to a modified shelter allowance schedule prescribed by\\nregulations of the department for the particular housing authority, or\\n(iii) an amount equal to fifty percent of the maximum shelter allowance\\nprescribed by regulations of the department for non-public housing\\nlocated in the social services district in which the public housing is\\nlocated. Commencing one year after such effective date, such shelter\\nallowance shall be the greater of (i) the shelter allowance for public\\nhousing prescribed by regulations of the department, (ii) the amount\\npayable pursuant to a modified shelter allowance schedule prescribed by\\nregulations of the department for the particular housing authority, or\\n(iii) an amount equal to seventy-five percent of the maximum shelter\\nallowance prescribed by regulations of the department for non-public\\nhousing located in the social services district in which the public\\nhousing is located. Commencing two years after such effective date, the\\namount to be included in the standard of need for shelter for an\\neligible tenant residing in city, state or federal public housing shall\\nbe the maximum shelter allowance prescribed by regulations of the\\ndepartment for non-public housing located in the social services\\ndistrict in which the public housing is located.\\n (d) If by the application of the standard of need as provided for in\\nthis subdivision the monthly need of an individual or household is less\\nthan ten dollars, such individual or household shall not be considered\\nin need of cash assistance but shall be deemed to be a recipient of\\nassistance for all other purposes including determining eligibility for\\nmedical assistance and social rehabilitative services.\\n (e) The standard of monthly need, when not a whole dollar amount,\\nshall be rounded to the next lower whole dollar amount.\\n 3. (a) Through June thirtieth, two thousand nine, persons and families\\ndetermined to be eligible by the application of the standard of need\\nprescribed by the provisions of subdivision two of this section, less\\nany available income or resources which are not required to be\\ndisregarded by other provisions of this chapter, shall receive maximum\\nmonthly grants and allowances in all social services districts, in\\naccordance with the following schedule, for public assistance:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $112 $179 $238 $307 $379 $438\\n For each additional eligible needy person in the household there shall\\nbe an additional allowance of sixty dollars monthly.\\n (a-1) For the period beginning July first, two thousand nine and\\nending June thirtieth, two thousand ten, persons and families determined\\nto be eligible by the application of the standard of need prescribed by\\nthe provisions of subdivision two of this section, less any available\\nincome or resources which are not required to be disregarded by other\\nprovisions of this chapter, shall receive maximum monthly grants and\\nallowances in all social services districts, in accordance with the\\nfollowing schedule, for public assistance:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $126 $201 $268 $345 $426 $492\\n For each additional person in the household there shall be added an\\nadditional amount of sixty-seven dollars monthly.\\n (a-2) For the period beginning July first, two thousand ten and ending\\nJune thirtieth, two thousand twelve, persons and families determined to\\nbe eligible by the application of the standard of need prescribed by the\\nprovisions of subdivision two of this section, less any available income\\nor resources which are not required to be disregarded by other\\nprovisions of this chapter, shall receive maximum monthly grants and\\nallowances in all social services districts, in accordance with the\\nfollowing schedule, for public assistance:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $141 $225 $300 $386 $477 $551\\n For each additional person in the household there shall be added an\\nadditional amount of seventy-five dollars monthly.\\n (a-3) For the period beginning July first, two thousand twelve and\\nending September thirtieth, two thousand twelve, persons and families\\ndetermined to be eligible by the application of the standard of need\\nprescribed by the provisions of subdivision two of this section, less\\nany available income or resources which are not required to be\\ndisregarded by other provisions of this chapter, shall receive maximum\\nmonthly grants and allowances in all social services districts, in\\naccordance with the following schedule, for public assistance:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $150 $239 $317 $409 $505 $583\\n For each additional person in the household there shall be added an\\nadditional amount of eighty dollars monthly.\\n (a-4) For the period beginning October first, two thousand twelve and\\nthereafter, persons and families determined to be eligible by the\\napplication of the standard of need prescribed by the provisions of\\nsubdivision two of this section, less any available income or resources\\nwhich are not required to be disregarded by other provisions of this\\nchapter, shall receive maximum monthly grants and allowances in all\\nsocial services districts, in accordance with the following schedule,\\nfor public assistance:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $158 $252 $336 $433 $534 $617\\n For each additional person in the household there shall be added an\\nadditional amount of eighty-five dollars monthly.\\n (b) Notwithstanding the provisions of this section or any other law to\\nthe contrary, no payment of public assistance shall be made for any\\nmonth if the amount of such payment would be less than ten dollars per\\nmonth.\\n (c) The amount of the monthly grant and allowance, when not a whole\\ndollar amount, shall be rounded to the next lower whole dollar amount.\\n 3-c. Commencing July first, nineteen hundred eighty-one, persons and\\nfamilies determined to be eligible by the application of the standard of\\nneed prescribed by the provision of subdivision two of this section,\\nshall receive a home energy grant equal to the following monthly\\namounts:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $14.10 $22.50 $30.00 $38.70 $47.70 $55.20\\nFor each additional needy person in the household, there shall be added\\nan additional amount of seven dollars and fifty cents.\\n 3-d. Commencing January first, nineteen hundred eighty-six, for\\npersons and families determined to be eligible by the application of the\\nstandard of need prescribed by the provisions of subdivision two of this\\nsection, the amounts set forth in paragraph (a) of subdivision three of\\nthis section, after application of subdivision three-c of this section,\\nshall be increased by the following amounts as a monthly supplemental\\nhome energy grant:\\n Number of Persons in Household\\n One Two Three Four Five Six\\n $11 $17 $23 $30 $37 $42\\nFor each additional needy person in the household, there shall be added\\nan additional amount of five dollars monthly.\\n 4. If federal requirements make it necessary to adjust any schedule of\\ngrants and allowances, or part thereof, the department shall make such\\nadjustments but the adjusted schedule of grants and allowances shall not\\nexceed the schedule of monthly amounts in subdivision two above.\\n 5. Notwithstanding any other provisions of this chapter or other law,\\na social services official may make provisions for the following items\\nand services: (a) replacement of necessary furniture and clothing for\\npersons in need of public assistance who have suffered the loss of such\\nitems as the result of fire, flood or other like catastrophe, provided\\nprovisions therefor cannot otherwise be made;\\n (b) purchase of necessary and essential furniture required for the\\nestablishment of a home for persons in need of public assistance,\\nprovided provision therefor cannot otherwise be made;\\n (c) essential repair of heating equipment, cooking stoves, and\\nrefrigerators used by persons in need of public assistance in their\\nhomes, provided provision therefor cannot otherwise be made except that\\nreplacement may be authorized when less expensive than repair;\\n (d) camp fees for a camp operated by a not-for-profit organization,\\ncorporation or agency, which has been issued an operating certificate by\\nthe appropriate health official in whose jurisdiction such camp is\\nlocated, when in the judgment of the social services official it is\\nadvisable for the welfare of a child receiving family assistance or\\nsafety net assistance to attend such camp, provided, however, that funds\\ncannot be obtained from other sources and such assistance is not in\\nexcess of maximum fees as established by regulations of the office of\\ntemporary and disability assistance; life insurance premiums provided\\nthe policy is assigned to the office of temporary and disability\\nassistance, or in cases where the recipient is aged, his or her life\\nexpectancy is short, or he or she is deemed uninsurable;\\n (e) Provision of allowances as prescribed by regulations of the\\ndepartment to meet the needs of a pregnant woman, beginning with the\\nfourth month of pregnancy which has been medically verified.\\n 7. Whenever a social services official finds that a recipient of\\npublic assistance has failed to fully apply the amount allowed in his\\ngrant for shelter to the payment of rent for his housing accommodations,\\nunless rent is being withheld pursuant to law or court order, the social\\nservices official shall furnish such recipient's shelter allowance in\\nthe form of direct payments to the owner of such housing accommodations\\nor his or her designated agent.\\n 8. (a) In determining the need for aid provided pursuant to the public\\nassistance programs, the following income earned during a month by\\napplicants for or recipients of such aid shall be exempt and\\ndisregarded:\\n (i) all of the earned income of a dependent child receiving such aid\\nor for whom an application for such aid has been made, who is a\\nfull-time student or part-time student attending a school, college, or\\nuniversity, or a course of vocational or technical training designed to\\nfit him for gainful employment;\\n (ii) fifty percent of the earned income for such month of any\\nrecipient; provided, however, that such percentage amount shall be\\nadjusted in June of each year to reflect changes in the most recently\\nissued poverty guidelines of the United States Bureau of the Census,\\nsuch that a household of three without special needs, living in a heated\\napartment in New York city and without unearned income would become\\nineligible for assistance with gross earnings equal to the poverty level\\nin such guidelines;\\n (iii) from the earned income of any child, applicant, recipient, or\\nrelative applying for or receiving aid pursuant to such program, or of\\nany other individual living in the same household as such relative and\\nchild whose needs are taken into account in making such determination,\\none hundred fifty dollars of the earned income for such month that\\nremains after application of subparagraph (ii) of this paragraph;\\n (v) the first one hundred dollars received in such month which\\nrepresent support payments timely paid in and for such month for one\\nchild, and the first two hundred dollars received in such month which\\nrepresent support payments timely paid in and for such month for two or\\nmore children, and the first one hundred dollars received in such month\\nwhich represent support payments timely paid in and for each of any\\nprior months for one child, and the first two hundred dollars received\\nin such month which represent support payments timely paid in and for\\neach of any prior months for two or more children, in any household\\napplying for or receiving public assistance, including support payments\\ncollected and paid to the public assistance household by the social\\nservices district;\\n (vi) in any calendar year, all of the earned income of a dependent\\nchild receiving such aid who is a full-time student;\\n (vii) all of the income of a dependent child living with a parent or\\nother caretaker relative, who is receiving such aid or for whom an\\napplication for such aid has been made, which is derived from\\nparticipation in a program carried out under the federal job training\\npartnership act (P.L. 97-300) or any successor act, provided, however,\\nthat in the case of earned income such disregard must be applied for at\\nleast, but no longer than, six months per calendar year for each such\\nchild.\\n (viii) any federal income taxes refunded by reason of section\\nthirty-two of the Internal Revenue Code of nineteen hundred eighty-six\\nrelating to the earned income tax credit or any payment by an employer\\nunder section three thousand five hundred seven of such code relating to\\nadvance payment of the earned income tax credit.\\n (ix) all of the income derived from participation in the summer youth\\nemployment program, provided however, that such income shall be exempt\\nonly for an individual who is not older than age twenty-four at the time\\nof enrollment in the summer youth employment program and such disregard\\nmust be applied for the length of the individual's participation in such\\nprogram.\\n (x) all of the income of a head of household or any person in the\\nhousehold, who is receiving such aid or for whom an application for such\\naid has been made, which is derived from the health care and mental\\nhygiene worker bonuses under section three hundred sixty-seven-w of this\\narticle or under the chapter of the laws of two thousand twenty-two\\nwhich added this subparagraph.\\n * (xi) Any financial assistance received by individuals as part of\\ntheir participation in a pilot program that has developed a plan to\\nstudy and evaluate the impact and potential benefits of direct cash\\ntransfers. Such exemption and disregard shall be applicable for the\\nlength of time the individual participates in the program, but not\\nlonger than sixty months.\\n * NB Repealed March 23, 2029\\n * (xii) all of the earned income of a recipient of public assistance\\nthat is derived from participation in a qualified work activity or\\ntraining program as determined by the office of temporary and disability\\nassistance, to the extent that such earned income has not already been\\ndisregarded pursuant to subparagraph (vii) of this paragraph, provided\\nthat the recipient's total income shall not be more than two hundred\\npercent of the federal poverty level.\\n * NB Effective December 29, 2023\\n * (xiii) once during the lifetime of a recipient of public assistance,\\nall of the earned income of such recipient will be disregarded following\\njob entry, provided that such exemption of income for purposes of public\\nassistance eligibility shall be for no more than six consecutive months\\nfrom the initial date of obtaining such employment and that the\\nrecipient's total income shall not be more than two hundred percent of\\nthe federal poverty level. In the event a recipient moves from one to\\nanother social services district, this disregard shall follow the\\nrecipient.\\n * NB Effective December 29, 2023\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, there shall not be disregarded under subparagraphs (ii) and\\n(iii) of such paragraph any earned income of any of the persons to which\\nsubparagraph (ii) of such paragraph applies if such person:\\n (i) terminated his employment or reduced his earned income without\\ngood cause, within a period of not less than seventy-five days, or such\\nother period of time as required by federal law or regulation, prior to\\na determination of need for public assistance;\\n (ii) refused without good cause, within such seventy-five day period,\\nto accept employment in which he is able to engage, which is offered\\nthrough the public employment office of the New York state department of\\nlabor or refused to accept employment otherwise offered by an employer\\nif the offer of such employer is determined by an appropriate social\\nservices official to be a bona fide offer of employment; or\\n (iii) failed without good cause to make a timely report to the\\nappropriate social services district of earned income received in the\\nmonth a determination of need is made.\\n (c) There shall not be disregarded under subparagraph (iii) of\\nparagraph (a) of this subdivision any earned income of any of the\\npersons specified in subparagraph (ii) of such paragraph, if the income\\nof such person was in excess of his or her need, unless such person\\nreceived public assistance in one or more of the four months preceding\\nthe month of need determination.\\n 9. In determining the eligibility of a child for public assistance and\\nthe amount of such assistance for any month there shall be taken into\\nconsideration so much of the income of such dependent child's stepparent\\nliving in the same household as such child as exceeds the sum of:\\n (a) the first seventy-five dollars of the total of the stepparent's\\nearned income for such month, or such lesser amount as the department\\nmay prescribe in the case of a stepparent not engaged in full-time\\nemployment or not employed throughout such month consistent with federal\\nlaw and regulations;\\n (b) the standard of need as contained in this section for a family of\\nthe same composition as the stepparent and those other individuals\\nliving in the same household as the child who are not applying for or\\nreceiving benefits and are claimed by such stepparent as dependents for\\npurposes of determining such stepparent's federal income tax liability;\\n (c) amounts paid by the stepparent to individuals not living in such\\nhousehold and claimed by such stepparent as dependents for purposes of\\ndetermining such stepparent's federal personal income tax liability; and\\n (d) payments of alimony or child support made by such stepparent with\\nrespect to individuals not living in such household.\\n 12. (a) No public assistance household having income which, after\\napplication of applicable disregards, exceeds the household standard of\\nneed, because of the receipt in any month of a nonrecurring lump sum of\\nearned or unearned income, shall be eligible for public assistance for a\\nperiod equal to the full number of months derived by dividing (i) the\\nsum of the lump sum income and all other income received in such month\\nwhich is not excluded under subdivision eight of this section; by (ii)\\nthe standard of need for a family size which consists of the public\\nassistance household plus any other individuals whose lump sum income is\\nconsidered available to such household. Any income remaining from this\\ncalculation is income in the first month following such period of\\nineligibility.\\n (b) At any time after determining the period of ineligibility as\\nrequired in paragraph (a) of this subdivision, the social services\\nofficial shall recalculate the remaining period of ineligibility in such\\ncircumstances and under such conditions as the department shall\\nprescribe by regulation, subject to paragraph (c) of this subdivision\\nand consistent with federal law and regulations.\\n (c) The social services official shall exclude from any lump sum\\nincome any amounts which are exempt and disregarded as cash and liquid\\nor nonliquid resources pursuant to section one hundred thirty-one-n of\\nthis title and shall recalculate the period of ineligibility caused by\\nreceipt of a nonrecurring lump sum of income subject to this subdivision\\nto the extent that such income is applied to any or all of the following\\nwithin ninety days of receipt: an automobile needed for the applicant or\\nrecipient to seek or retain employment or for travel to and from work\\nactivities as defined in section three hundred thirty-six of this\\nchapter, a bank account or accounts, or a burial plot or plots, or a\\nfuneral agreement or agreements, the values of which are exempt and\\ndisregarded as a resource pursuant to section one hundred thirty-one-n\\nof this title.\\n 13. Pursuant to regulations of the office of temporary and disability\\nassistance, public assistance eligibility shall, to the extent permitted\\nby federal law, not lapse solely by reason of the death of the adult\\nrelative caretaker of a minor child, until arrangements are completed\\nfor the addition of the child to another public assistance household,\\nreclassification of the case, foster care or other appropriate financial\\nsupport. For purposes of subdivision eight of section one hundred\\nfifty-three of this article, safety net assistance given to such a child\\nduring the first forty-five days after application therefor shall be\\nregarded as being given to meet emergency circumstances.\\n 14. In determining the need for aid provided pursuant to public\\nassistance programs, each person living with medically diagnosed HIV\\ninfection as defined by the AIDS institute of the department of health\\nin social services districts with a population over five million who is\\nreceiving services through such district's administrative unit providing\\nHIV/AIDS services, public assistance and earned and/or unearned income,\\nshall not be required to pay more than thirty percent of his or her\\nmonthly earned and/or unearned income toward the cost of rent that such\\nperson has a direct obligation to pay; this provision shall not apply to\\nroom and board arrangements.\\n 15. In determining the need for aid provided pursuant to public\\nassistance programs, each public assistance recipient living with\\nmedically diagnosed HIV infection as defined by the AIDS institute of\\nthe department of health in social services districts with a population\\nof five million or fewer, at local option and in accordance with a plan\\napproved by the office of temporary and disability assistance, may not\\nbe required to pay more than thirty percent of his or her monthly earned\\nand/or unearned income toward the cost of rent that such person has a\\ndirect obligation to pay; this provision shall not apply to room and\\nboard arrangements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-AA", "title" : "Monthly statistical reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-AA", "activeDate" : "2014-09-22", "sequenceNo" : 168, "repealedDate" : null, "fromSection" : "131-AA", "toSection" : "131-AA", "text" : " § 131-aa. Monthly statistical reports. 1. Reporting requirements. The\\ncommissioner of the office of temporary and disability assistance shall\\nissue, within sixty days of the end of each month, a monthly statistical\\nreport containing each of the tables in the March two thousand four\\nTemporary and Disability assistance statistics report as provided on the\\noffice of temporary and disability assistance website. Such report shall\\nalso include aggregate total claims for both New York city and the rest\\nof the state related to temporary and disability assistance not already\\nincluded in the March 2004 Temporary and Disability Assistance\\nStatistics report as provided on the office of temporary and disability\\nassistance website. The commissioner may also include similar tables\\ncontaining statistical information including, but not limited to,\\ntemporary and disability assistance claims on emergency child care,\\nfamily shelter, shelter for victims of domestic violence, eviction\\nprevention including, but not limited to, security deposits and brokers\\nfees, supplemental claims, cancellations or refunds, drug or alcohol\\ntreatment, and increased costs associated with cases for individuals\\nwith AIDS. The commissioner may also include any other statistical\\ninformation related to temporary and disability assistance that he or\\nshe deems to be appropriate. The commissioner shall also, within sixty\\ndays of the completion of each quarter of the state fiscal year, issue\\nan update of monthly temporary and disability assistance claims for each\\nof the previous twenty-four months based on actual claims received by\\nthe end of such quarter; provided, however, the update following the\\nthird quarter of the state fiscal year shall be completed within thirty\\ndays. Such update shall include the total number of recipients, the\\nmonthly average payment, and total claims, received by the end of such\\nquarter, for New York city, the rest of the state, and total state\\nclaims.\\n 2. Additional reporting requirements. In addition to the information\\nrequired to be included in the monthly statistical report pursuant to\\nsubdivision one of this section, the commissioner of the office of\\ntemporary and disability assistance shall include in such monthly\\nstatistical report detailed tables with comprehensive data for federally\\nparticipating family assistance and safety net cases, safety net\\nnon-maintenance of effort cases, and safety net maintenance of effort\\ncases, for each county and New York city, according to the following\\ncategories:\\n (a) Work participation rates. A statistical table containing data\\nrelated to federally required work participation rates including, but\\nnot limited to, the numerator applied to the required federal\\ncalculation for work participation and the denominator applied to the\\nfederal calculation for work participation; and any other information\\nthat the commissioner deems to be appropriate.\\n (b) Earned income. A statistical table containing data related to the\\naggregate amount of earned income reported by public assistance\\nrecipients including, but not limited to, aggregate earned income used\\nin the calculation of public assistance benefits, both before and after\\nthe earnings disregard is applied to such benefits, the number of cases\\nfor which earned income is applied to the calculation of such benefits,\\nboth before and after the earnings disregard, and any other information\\nthat the commissioner deems to be appropriate.\\n (c) Sanctioned cases. A statistical table containing data related to\\nthe number of cases in sanction status and the reason for such sanction\\nincluding, but not limited to, the number of sanctioned cases included\\nin the federal work participation calculation, the number of sanctioned\\ncases not included in the federal work participation calculation, and\\nany other information that the commissioner deems to be appropriate.\\n (d) Home energy assistance program (HEAP). For each county and New\\nYork city, a statistical table containing data related to the allocation\\nof federal and state monies for the HEAP program and the number and\\ndollar amount of benefits provided including, but not limited to, the\\nnumber, dollar amount and average dollar amount of regular autopay\\nbenefits, regular non-autopay benefits, emergency benefits, allocation\\nfor administrative costs, and any other information that the\\ncommissioner deems to be appropriate.\\n 3. Upon issuance, the reports required by this section shall be posted\\non the office of temporary and disability assistance website, and shall\\nalso be submitted by the commissioner to the governor, the temporary\\npresident of the senate, the speaker of the assembly, the chair of the\\nsenate finance committee and the chair of the assembly ways and means\\ncommittee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-AAA", "title" : "Availability of adverse childhood experiences services", "docType" : "SECTION", "publishedDates" : [ "2021-04-23", "2022-04-08" ], "docLevelId" : "131-AAA", "activeDate" : "2022-04-08", "sequenceNo" : 169, "repealedDate" : null, "fromSection" : "131-AAA", "toSection" : "131-AAA", "text" : " § 131-aaa. Availability of adverse childhood experiences services.\\nEach local social services district shall be required to make available\\nto applicants and recipients of public assistance who are a parent,\\nguardian, custodian or otherwise responsible for a child's care,\\neducational materials developed pursuant to subdivision two of section\\nthree hundred seventy-c of this article to educate them about adverse\\nchildhood experiences, the importance of protective factors and the\\navailability of services for children at risk for or suffering from\\nadverse childhood experiences. The educational materials may be made\\navailable electronically and shall be offered at the time of application\\nand recertification.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-B", "title" : "Fees for services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-B", "activeDate" : "2014-09-22", "sequenceNo" : 170, "repealedDate" : null, "fromSection" : "131-B", "toSection" : "131-B", "text" : " § 131-b. Fees for services. If and only to the extent the\\nimposition of a fee is required by federal law and regulation to insure\\ncontinued full federal financial participation in the state's plan for\\nservices under applicable federal law and regulations, the department\\nshall, by regulation, require a local social services district to impose\\na fee for any service made available by that district to an individual\\nwho is not a recipient of public assistance and care. This section\\nshall not apply to fees for day care services as authorized by title\\nfive of article six of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-BB", "title" : "Family homelessness and eviction prevention supplement program", "docType" : "SECTION", "publishedDates" : [ "2021-12-17" ], "docLevelId" : "131-BB", "activeDate" : "2021-12-17", "sequenceNo" : 171, "repealedDate" : null, "fromSection" : "131-BB", "toSection" : "131-BB", "text" : " § 131-bb. Family homelessness and eviction prevention supplement\\nprogram. Notwithstanding any other provision of law to the contrary, for\\na local social services district with a population of five million or\\nmore, the commissioner shall designate such local social services\\ndistrict to make vouchers available to eligible families under the\\nfamily homelessness and eviction prevention supplement (\"FHEPS\")\\nprogram, and to administer the program in accordance with a plan\\napproved pursuant to 18 N.Y.C.R.R. § 352.3(a)(3), provided however, that\\nthe maximum rent for such vouchers shall be set at the United States\\ndepartment of housing and urban development's fair market rent level.\\nThe state shall reimburse the local social services district for\\npayments made under the FHEPS program in a manner consistent with title\\ntwo of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-C", "title" : "Inclusion of parents and siblings of a minor in the public assistance household", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-C", "activeDate" : "2014-09-22", "sequenceNo" : 172, "repealedDate" : null, "fromSection" : "131-C", "toSection" : "131-C", "text" : " § 131-c. Inclusion of parents and siblings of a minor in the public\\nassistance household. 1. For the purposes of determining eligibility for\\nand the amount of assistance payable, the social services district\\nshall, when a minor is named as an applicant for public assistance,\\nrequire that his or her parents and minor brothers and sisters also\\napply for assistance and be included in the household for purposes of\\ndetermining eligibility and grant amounts, if such individuals reside in\\nthe same dwelling unit as the minor applying for assistance. Any income\\nof or available for such parents, brothers and sisters which is not\\ndisregarded under subdivision eight of section one hundred thirty-one-a\\nof this article, shall be considered available to such household. The\\nprovisions of this subdivision shall not apply to individuals who are\\nrecipients of federal supplemental security income benefits or\\nadditional state payments pursuant to this chapter, or to individuals\\nwhose relationship to the minor is that of stepbrother or stepsister, or\\nto any other individuals whose needs are excluded pursuant to department\\nregulations consistent with federal law and regulations.\\n 2. For the purposes of determining eligibility for and the amount of\\nassistance payable, the social services district shall deem available to\\nany minor whose parent or legal guardian is a minor, any income of the\\nparent or legal guardian of such minor parent or legal guardian residing\\nin the same dwelling unit, to the same extent that the income of a\\nstepparent would be included pursuant to subdivision nine of section one\\nhundred thirty-one-a of this article.\\n 3. For the purposes of this section a minor is a child under the age\\nof eighteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-D", "title" : "Substance abuse rehabilitative and preventive services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-D", "activeDate" : "2014-09-22", "sequenceNo" : 173, "repealedDate" : null, "fromSection" : "131-D", "toSection" : "131-D", "text" : " § 131-d. Substance abuse rehabilitative and preventive services.\\n 1. Any inconsistent provision of this chapter or other law\\nnotwithstanding, social services officials shall provide substance abuse\\nservices, to eligible needy substance abusers and persons who are\\nsubstance dependent, under aid to dependent children, in accordance with\\nregulations of the department, if and so long as federal aid is\\navailable therefor.\\n 2. Each social services official shall provide such services either\\ndirectly or by purchase from a public or private non-profit agency;\\nprovided, however, that such services are approved by the state division\\nof substance abuse services and that any facility furnishing such\\nservices is supervised and approved by the state division of substance\\nabuse services.\\n 3. If and so long as federal funds are available therefor, the\\ndepartment shall be responsible for providing eligible services pursuant\\nto this section, provided, however, such services shall be furnished\\nthrough a cooperative agreement with the state division of substance\\nabuse services. Provided, further that the scope of the responsibility\\nof the department hereunder shall not extend beyond the authorization of\\nsuch division to furnish such services either directly or through\\ncontract.\\n 4. There shall be such cooperative agreements, between the department\\nand the state division of substance abuse services and other appropriate\\nstate departments and agencies as shall be necessary to assure that\\nthere will be a maximum utilization of existing rehabilitative and\\npreventive services and that the purposes and objectives of this section\\nwill be effectively accomplished.\\n 5. Any inconsistent provision of law notwithstanding, expenditures\\nmade by a social services official under this section shall be deemed\\nexpenditures for and administration of public assistance and care, and\\nshall be subject to reimbursement by the state in accordance with the\\nprovisions of section one hundred fifty-three of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-E", "title" : "Family planning services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-E", "activeDate" : "2014-09-22", "sequenceNo" : 174, "repealedDate" : null, "fromSection" : "131-E", "toSection" : "131-E", "text" : " § 131-e. Family planning services. Each social services commissioner\\nshall require that appropriate members of his staff personally advise\\neligible needy persons periodically of the availability at public\\nexpense of family planning services for the prevention of pregnancy and\\ninquire whether such persons desire to have such services furnished to\\nthem. In those cases where such services are desired, they shall be\\nmade available at public expense under appropriate provisions of this\\nchapter. Nothing herein shall be construed, however, to require or\\npermit coercion of such persons to request or receive family planning\\nservices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-F", "title" : "Retroactive social security benefit increases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-F", "activeDate" : "2014-09-22", "sequenceNo" : 175, "repealedDate" : null, "fromSection" : "131-F", "toSection" : "131-F", "text" : " § 131-f. Retroactive social security benefit increases. Any\\ninconsistent provisions of this title, other provisions of this chapter\\nor of any other law notwithstanding, in determining the need for family\\nassistance, a social services official shall disregard, in addition to\\nany other amounts which are required or permitted to be disregarded in\\ndetermining such need, any retroactive lump sum payment made to an\\nindividual under title II of the social security act (or under the\\nrailroad retirement act of nineteen hundred thirty-seven by reason of\\nthe first proviso in section three (e) thereof), as a result of an\\nincrease in monthly benefits under the old age, survivors, and\\ndisability insurance system.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-G", "title" : "Authority to accept public and private gifts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-G", "activeDate" : "2014-09-22", "sequenceNo" : 176, "repealedDate" : null, "fromSection" : "131-G", "toSection" : "131-G", "text" : " § 131-g. Authority to accept public and private gifts. The\\ndepartment or a social services district shall have the power to apply\\nfor, accept, receive and expend public and private gifts or grants of\\nmoney, property or services for any purpose provided for by this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-H", "title" : "Authority to operate family homes for adults", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-H", "activeDate" : "2014-09-22", "sequenceNo" : 177, "repealedDate" : null, "fromSection" : "131-H", "toSection" : "131-H", "text" : " § 131-h. Authority to operate family homes for adults. A social\\nservices official may be authorized to operate family homes for adults,\\nin compliance with the regulations of the department, if such official\\napplies for such authority and demonstrates the need therefor and that\\nsuitable care is not otherwise available.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-I", "title" : "Social services districts; agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-I", "activeDate" : "2014-09-22", "sequenceNo" : 178, "repealedDate" : null, "fromSection" : "131-I", "toSection" : "131-I", "text" : " * § 131-i. Social services districts; agreements. Subject to the\\nprovisions of section one hundred nineteen-o of the general municipal\\nlaw, social services districts may enter into agreements for the\\nperformance among themselves or of one for another of any of their\\nrespective functions, powers and duties on a cooperative or contract\\nbasis or for the provision of a joint service; provided, however, that\\nno such agreement shall result in any relocation of offices which would\\nunreasonably diminish access to necessary services or unreasonably\\nincrease unreimbursed travel for applicants for or recipients of public\\nassistance or services.\\n * NB There are 2 § 131-i's.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-I*2", "title" : "Family loan program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-I*2", "activeDate" : "2014-09-22", "sequenceNo" : 179, "repealedDate" : null, "fromSection" : "131-I*2", "toSection" : "131-I*2", "text" : " * § 131-i. Family loan program. 1. From amounts appropriated for such\\npurpose, the department of labor in consultation with the department is\\nhereby authorized and directed to solicit proposals to establish\\nprograms to be known as family loan programs. Such programs shall\\nprovide small, no-interest loans to custodial parents with income below\\ntwo hundred percent of the federal poverty level and who are working or\\nenrolled in a post-secondary education program, to aid in covering the\\ncosts of unexpected expenses that could interfere with their ability to\\nmaintain employment or continue education. Loans awarded through a\\nfamily loan program may be paid directly to a third party on behalf of a\\nloan recipient and in either case shall not constitute income or\\nresources for the purposes of public assistance and care so long as the\\nfunds are used for the intended purpose.\\n 2. The commissioner of labor shall enter into written agreements with\\nnot-for-profit organizations or local government agencies to administer\\nloan pools. Agreements shall be entered into with no more than four\\norganizations and/or agencies, no more than one of which shall be\\nlocated in the city of New York.\\n 3. Program sites shall be approved based on the demonstrated ability\\nof the organization or governmental agency to secure funding from\\nprivate and/or public sources sufficient to establish a loan pool to be\\nmaintained through repayment agreements entered into by eligible\\nlow-income families. Funds awarded by the department of labor to\\napproved program sites shall be used for the express purposes of\\ncovering staffing and administration costs associated with administering\\nthe loan pool.\\n 4. From amounts appropriated for such purpose, the department of labor\\nin consultation with the office of temporary and disability assistance\\nis hereby authorized and directed to solicit proposals to establish up\\nto four new family loan programs. Such programs shall operate according\\nto provisions set forth in subdivision one through three of this\\nsection; provided, however, that such programs may provide no- or\\nlow-interest loans, and further provided that applications submitted by\\na consortium of not-for-profit organizations or local government\\nagencies shall be viewed as one program and may receive greater funding\\nby the department of labor than an application submitted by a single\\norganization or agency. Low-interest loans shall not exceed a rate\\ngreater than two-thirds of the prime rate. No not-for-profit\\norganization or local government agency awarded funding from\\nappropriations made in the nineteen hundred ninety-seven--nineteen\\nhundred ninety-eight fiscal year shall be eligible for funds made\\navailable from appropriations made in the nineteen hundred\\nninety-nine--two thousand fiscal year.\\n * NB There are 2 § 131-i's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-J", "title" : "Certain utility deposits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-J", "activeDate" : "2014-09-22", "sequenceNo" : 180, "repealedDate" : null, "fromSection" : "131-J", "toSection" : "131-J", "text" : " § 131-j. Certain utility deposits. Any inconsistent provision of\\nthis chapter or other law notwithstanding, a public assistance recipient\\nshall not be required by any corporation subject to the provisions of\\narticle four of the public service law to pay a security deposit as a\\ncondition of receiving any utility service provided by such utility\\ncompany. This section shall apply to recipients of supplemental\\nsecurity income benefits or additional state payments, as defined in\\nsection three hundred of this chapter, and such persons shall be deemed\\npublic assistance recipients for the purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-K", "title" : "Undocumented noncitizens", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "131-K", "activeDate" : "2022-12-16", "sequenceNo" : 181, "repealedDate" : null, "fromSection" : "131-K", "toSection" : "131-K", "text" : " § 131-k. Undocumented noncitizens. An otherwise eligible applicant or\\nrecipient who has been determined to be ineligible for aid to dependent\\nchildren, home relief or medical assistance because such individual is a\\nnoncitizen unlawfully residing in the United States or because such\\nindividual failed to furnish evidence that such individual is lawfully\\nresiding in the United States shall be immediately referred to the\\nUnited States immigration and naturalization service, or the nearest\\nconsulate of the country of the applicant or the recipient for such\\nservice or consulate to take appropriate action or furnish assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-L", "title" : "Exclusion of agent orange benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-L", "activeDate" : "2014-09-22", "sequenceNo" : 182, "repealedDate" : null, "fromSection" : "131-L", "toSection" : "131-L", "text" : " § 131-l. Exclusion of agent orange benefits. A social services\\nofficial shall disregard as income and resources in any program of\\npublic assistance such sums as are required to be disregarded under\\nsection two hundred thirty-five-a of the military law with respect to\\nexposure to agent orange or phenoxy herbicides.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-M", "title" : "Information on resource referral services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-M", "activeDate" : "2014-09-22", "sequenceNo" : 183, "repealedDate" : null, "fromSection" : "131-M", "toSection" : "131-M", "text" : " § 131-m. Information on resource referral services. 1. Each social\\nservices district shall furnish social services information and resource\\nreferral services, in accordance with the provisions of this section and\\nthe regulations of the department.\\n 2. Such services shall be furnished without charge to any person who\\nis in need of and requests such services, without regard to such\\nperson's eligibility for public assistance.\\n 3. Each social services district shall designate staff having\\nadministrative responsibility for assuring the furnishing of information\\nand referral regarding the following services and programs and for\\nmaking appropriate inquiries related to the actual receipt of such\\nservices: financial assistance programs, health care and services,\\nsocial services, employment services and other community services,\\nincluding legal, education and consumer services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-N", "title" : "Exemption of income and resources", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2016-04-08", "2016-05-27", "2017-08-04", "2019-09-06", "2019-10-11", "2021-07-02", "2022-04-15", "2022-10-07", "2023-07-21", "2025-08-01" ], "docLevelId" : "131-N", "activeDate" : "2022-10-07", "sequenceNo" : 184, "repealedDate" : null, "fromSection" : "131-N", "toSection" : "131-N", "text" : " * § 131-n. Exemption of income and resources. 1. The following\\nresources shall be exempt and disregarded in calculating the amount of\\nbenefits of any household under any public assistance program: (a) cash\\nand liquid or nonliquid resources up to two thousand five hundred\\ndollars for applicants, three thousand seven hundred fifty dollars for\\napplicants in households in which any member is sixty years of age or\\nolder or is disabled or ten thousand dollars for recipients, (b) an\\namount up to four thousand six hundred fifty dollars in a separate bank\\naccount established by an individual while currently in receipt of\\nassistance for the sole purpose of enabling the individual to purchase a\\nfirst or replacement vehicle for the recipient to seek, obtain or\\nmaintain employment, so long as the funds are not used for any other\\npurpose, (c) an amount up to one thousand four hundred dollars in a\\nseparate bank account established by an individual while currently in\\nreceipt of assistance for the purpose of paying tuition at a two-year or\\nfour-year accredited post-secondary educational institution, so long as\\nthe funds are not used for any other purpose, (d) the home which is the\\nusual residence of the household, (e) one automobile, up to ten thousand\\ndollars fair market value, through March thirty-first, two thousand\\nseventeen; one automobile, up to eleven thousand dollars fair market\\nvalue, from April first, two thousand seventeen through March\\nthirty-first, two thousand eighteen; and one automobile, up to twelve\\nthousand dollars fair market value, beginning April first, two thousand\\neighteen and thereafter, or such other higher dollar value as the local\\nsocial services district may elect to adopt, (f) one burial plot per\\nhousehold member as defined in department regulations, (g) bona fide\\nfuneral agreements up to a total of one thousand five hundred dollars in\\nequity value per household member, (h) funds in an individual\\ndevelopment account established in accordance with subdivision five of\\nsection three hundred fifty-eight of this chapter and section four\\nhundred three of the social security act, (i) for a period of six\\nmonths, real property which the household is making a good faith effort\\nto sell, in accordance with department regulations and tangible personal\\nproperty necessary for business or for employment purposes in accordance\\nwith department regulations, and (j) funds in a qualified tuition\\nprogram that satisfies the requirement of section 529 of the Internal\\nRevenue Code of 1986, as amended, and (k) funds in a New York achieving\\na better life experience savings account established in accordance with\\narticle eighty-four of the mental hygiene law.\\n If federal law or regulations require the exemption or disregard of\\nadditional income and resources in determining need for family\\nassistance, or medical assistance not exempted or disregarded pursuant\\nto any other provision of this chapter, the department may, by\\nregulations subject to the approval of the director of the budget,\\nrequire social services officials to exempt or disregard such income and\\nresources. Refunds resulting from earned income tax credits shall be\\ndisregarded in public assistance programs.\\n 2. If and to the extent permitted by federal law and regulations,\\namounts received under section 105 of Public Law 100-383 as reparation\\npayments for internment of Japanese-Americans and payments made to\\nindividuals because of their status as victims of Nazi persecution as\\ndefined in P.L. 103-286 shall be exempt from consideration as income or\\nresources for purposes of determining eligibility for and the amount of\\nbenefits under any program provided under the authority of this chapter\\nand under title XX of the Social Security Act.\\n 3. The department is authorized to establish regulations defining\\nincome and resources. The department is further authorized to promulgate\\nregulations it deems necessary to prevent the improper establishment and\\nuse of accounts for purchase of first or replacement vehicles.\\n * NB Effective until August 22, 2023\\n * § 131-n. Additional exemption of income and resources pursuant to\\nfederal law and regulations. 1. If federal law or regulations require,\\nas a condition of qualifying for federal financial participation, the\\nexemption or disregard of income and resources in determining need for\\naid to dependent children, or medical assistance not exempted or\\ndisregarded pursuant to any other provision of this chapter, the\\ndepartment may, by regulations subject to the approval of the director\\nof the budget, require social services officials to exempt or disregard\\nsuch income and resources. Such exemptions and disregards shall be\\nlimited solely to income resulting from increases in social security\\nbenefits authorized by Public Law 92-336, and refunds required to be\\ndisregarded in federally aided programs by Public Law 94-164 for months\\nprior to July first, nineteen hundred seventy-six, or any other federal\\nlaw extending the requirement that refunds resulting from earned income\\ntax credits be disregarded in federally aided programs.\\n 2. If and to the extent permitted by federal law and regulations,\\namounts received under section 105 of Public Law 100-383 as reparation\\npayments for internment of Japanese-Americans and payments made to\\nindividuals because of their status as victims of Nazi persecution as\\ndefined in P.L. 103-286 shall be exempt from consideration as income or\\nresources for purposes of determining eligibility for and the amount of\\nbenefits under any program provided under the authority of this article\\nand under title XX of the Social Security Act; provided, however, that\\nsuch treatment shall be applied in the home relief program only to the\\nextent that it is permitted under federal law in the program of aid to\\ndependent children.\\n * NB Effective August 22, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-O", "title" : "Personal allowances accounts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09", "2015-04-24", "2016-01-08", "2016-04-08", "2017-01-13", "2017-04-28", "2018-01-05", "2018-04-27", "2019-01-18", "2019-04-19", "2020-01-10", "2020-04-17", "2021-01-08", "2021-04-23", "2022-01-07", "2022-04-15", "2022-07-29", "2023-01-06", "2023-05-12", "2024-01-05", "2024-04-26", "2025-01-03", "2025-05-16", "2026-01-02", "2026-01-30", "2026-06-05" ], "docLevelId" : "131-O", "activeDate" : "2023-05-12", "sequenceNo" : 185, "repealedDate" : null, "fromSection" : "131-O", "toSection" : "131-O", "text" : " § 131-o. Personal allowances accounts. 1. Each individual receiving\\nfamily care, residential care or care in a school for individuals with\\ndevelopmental disabilities, or enhanced residential care as those terms\\nare defined in section two hundred nine of this chapter, and who is\\nreceiving benefits under the program of additional state payments\\npursuant to this chapter while receiving such care, shall be entitled to\\na monthly personal allowance out of such benefits in the following\\namount:\\n * (a) in the case of each individual receiving family care, an amount\\nequal to at least $161.00 for each month beginning on or after January\\nfirst, two thousand twenty-two.\\n * NB Effective until December 31, 2023\\n * (a) in the case of each individual receiving family care, an amount\\nequal to at least $175.00 for each month beginning on or after January\\nfirst, two thousand twenty-three.\\n * NB Effective December 31, 2023\\n * (b) in the case of each individual receiving residential care, an\\namount equal to at least $186.00 for each month beginning on or after\\nJanuary first, two thousand twenty-two.\\n * NB Effective until December 31, 2023\\n * (b) in the case of each individual receiving residential care, an\\namount equal to at least $202.00 for each month beginning on or after\\nJanuary first, two thousand twenty-three.\\n * NB Effective December 31, 2023\\n * (c) in the case of each individual receiving enhanced residential\\ncare, an amount equal to at least $222.00 for each month beginning on or\\nafter January first, two thousand twenty-two.\\n * NB Effective until December 31, 2023\\n * (c) in the case of each individual receiving enhanced residential\\ncare, an amount equal to at least $241.00 for each month beginning on or\\nafter January first, two thousand twenty-three.\\n * NB Effective December 31, 2023\\n * (d) for the period commencing January first, two thousand\\ntwenty-three, the monthly personal needs allowance shall be an amount\\nequal to the sum of the amounts set forth in subparagraphs one and two\\nof this paragraph:\\n (1) the amounts specified in paragraphs (a), (b) and (c) of this\\nsubdivision; and\\n (2) the amount in subparagraph one of this paragraph, multiplied by\\nthe percentage of any federal supplemental security income cost of\\nliving adjustment which becomes effective on or after January first, two\\nthousand twenty-three, but prior to June thirtieth, two thousand\\ntwenty-three, rounded to the nearest whole dollar.\\n * NB Effective until December 31, 2023\\n * (d) for the period commencing January first, two thousand\\ntwenty-four, the monthly personal needs allowance shall be an amount\\nequal to the sum of the amounts set forth in subparagraphs one and two\\nof this paragraph:\\n (1) the amounts specified in paragraphs (a), (b) and (c) of this\\nsubdivision; and\\n (2) the amount in subparagraph one of this paragraph, multiplied by\\nthe percentage of any federal supplemental security income cost of\\nliving adjustment which becomes effective on or after January first, two\\nthousand twenty-four, but prior to June thirtieth, two thousand\\ntwenty-four, rounded to the nearest whole dollar.\\n * NB Effective December 31, 2023\\n 2. The personal allowance described in subdivision one of this section\\nshall be made directly available to the individual for his own use in\\nobtaining clothing, personal hygiene items, and other supplies and\\nservices for his personal use not otherwise provided by the residential\\nfacility. Any waiver of the right to a personal allowance by an\\nindividual entitled to it shall be void. The facility shall, for each\\nsuch individual, offer to establish a separate account for the personal\\nallowance. Each individual electing to utilize such an account shall be\\nentitled to a statement upon request, and in any case quarterly, setting\\nforth the deposits and withdrawals, and the current balance of the\\naccount. A facility shall not demand, require or contract for payment of\\nall or any part of the personal allowance in satisfaction of the\\nfacility rate for supplies and services and shall not charge the\\nindividual or the account for any supplies or services that the facility\\nis by law, regulation or agreement with the individual required to\\nprovide or for any medical supplies or services for which payment is\\navailable under medical assistance, pursuant to this title, medicare\\npursuant to title XVIII of the federal social security act, or any third\\nparty coverage. Any service or supplies provided by the facility,\\ncharged to the individual or the account shall be provided only with the\\nspecific consent of the individual, who shall be furnished in advance of\\nthe provision of the services or supplies with an itemized statement\\nsetting forth the charges for the services or supplies. Whenever a\\nresident authorizes an operator of a facility to exercise control over\\nhis or her personal allowance such authorization shall be in writing and\\nsubscribed by the parties to be charged. Any such money shall not be\\nmingled with the funds or become an asset of the facility or the person\\nreceiving the same, but shall be segregated and recorded on the\\nfacility's financial records as independent accounts.\\n 3. Any individual who has not received or been able to control\\npersonal allowance funds to the extent and in the manner required by\\nthis section may maintain an action in his own behalf for recovery of\\nany such funds, and upon a showing that the funds were intentionally\\nmisappropriated or withheld to other than the intended use, for recovery\\nof additional punitive damages in an amount equal to twice the amount\\nmisappropriated or withheld. The department may investigate any\\nsuspected misappropriation or withholding of personal allowance funds\\nand may maintain an action on behalf of any individual to recover any\\nfunds so misappropriated, including any punitive damages. Any funds\\nobtained as a result of such an action shall be disregarded in\\ndetermining such individual's eligibility for or amount of benefits\\navailable pursuant to this chapter, to the extent permitted by federal\\nlaw and regulation.\\n 4. Each facility subject to the provisions of this section shall\\nmaintain in accordance with department regulations complete records and\\ndocumentation of all transactions involving resident personal allowance\\naccounts, and shall make such records available to the department and to\\nany other agency responsible for the inspection and supervision of the\\nfacility upon request, with respect to any individual who is receiving\\nadditional state payments.\\n 5. Any agency having supervisory responsibilities over any facility\\nsubject to the provisions of this section shall, at the time of any\\ninspection of such a facility, inquire into the furnishing of and\\naccounting for resident personal allowances, and shall report any\\nviolations or suspected violations of this section to the department.\\nThe department shall have primary responsibility for monitoring the\\npersonal allowance requirements of this section; provided, however, that\\nthe department may by cooperative agreement delegate such monitoring and\\nenforcement functions, in whole or in part, with respect to any\\nfacility, to any other state agency having supervisory responsibilities\\nover such facility.\\n 6. At the time an individual ceases to be a resident at the facility\\nmaintaining a resident personal allowance account on his behalf, the\\nfunds in such account shall be transferred to such individual or another\\nappropriate individual or agency for use on his behalf, in accordance\\nwith department regulations.\\n 7. Any facility subject to the provisions of this section shall assure\\nthat any income of an individual residing therein that not considered in\\ndetermining such individual's eligibility for or amount of benefits\\nunder the program of additional state payments pursuant to title six of\\narticle five of this chapter, other than unearned income paid from\\nnon-public sources for the purpose of meeting the cost, in part or in\\nwhole, of such person's care and maintenance in such a facility, is\\ntreated in the same manner as the personal allowance required to be made\\navailable to the individual pursuant to this section.\\n 8. In any case in which a person receives a payment of additional\\nstate payment benefits for a month other than the month in which the\\npayment is received, the full monthly personal allowance for the months\\nto which the payment is attributable shall be made available to the\\nindividual at such time as the payment has been received; in no event\\nshall the facility be found to have failed to comply with the provisions\\nof this section solely by reason of having failed to make such monthly\\npersonal allowance available prior to the time such payment is actually\\nreceived.\\n 9. In addition to any damages or civil penalties to which a person may\\nbe subject;\\n (a) any person who intentionally withholds a resident's personal\\nallowance, or who demands, beneficially receives, or contracts for\\npayment of all or any part of a resident's personal allowances in\\nsatisfaction of the facility rate for supplies and services shall be\\nguilty of a class A misdemeanor;\\n (b) any person who commingles, borrows from or pledges any personal\\nallowance funds required to be held in a separate account shall be\\nguilty of a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-P", "title" : "Group health insurance benefits; condition of eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-P", "activeDate" : "2014-09-22", "sequenceNo" : 186, "repealedDate" : null, "fromSection" : "131-P", "toSection" : "131-P", "text" : " § 131-p. Group health insurance benefits; condition of eligibility.\\nNotwithstanding any other inconsistent provision of law and to the\\nextent permissible under federal law, any applicant for or recipient of\\nsafety net assistance or family assistance who is or becomes employed\\nand whose employer provides group health insurance benefits, including\\nbenefits for a spouse and dependent children of such applicant or\\nrecipient, shall apply for and utilize such benefits as a condition of\\neligibility for safety net assistance or family assistance. Such\\napplicant or recipient shall also utilize such benefits provided by\\nformer employers as long as such benefits are available. The department\\nshall promulgate regulations to determine the eligibility requirements\\nof those applicants and recipients who have more than one employer\\noffering group health insurance benefits.\\n The provisions of this section shall apply to such applicants upon\\ntheir initial certification for family assistance or safety net\\nassistance and to such recipients upon their recertifications for such\\nassistance following the date on which this section becomes effective.\\nThe cost of premiums paid by such applicants or recipients for such\\ncoverage shall be deducted from such applicant's or recipient's earnings\\nas an expense incident to his or her employment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-Q", "title" : "Electronic payment file transfer system pilot project", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-Q", "activeDate" : "2014-09-22", "sequenceNo" : 187, "repealedDate" : null, "fromSection" : "131-Q", "toSection" : "131-Q", "text" : " § 131-q. Electronic payment file transfer system pilot project. * 1.\\nThe commissioner is empowered to authorize the city social services\\ndistrict of the city of New York to continue the pilot project for the\\ndesign, development, implementation and operation of an electronic\\npayment file transfer system, in accordance with regulations of the\\ndepartment, as an alternative means of delivery of grants and allowances\\nto public assistance recipients.\\n * NB Expired July 1, 1984\\n 2. The city social services district is authorized to initiate\\nactivities to prepare for a city-wide conversion to the electronic\\npayment file transfer system provided, however, the department shall\\nconduct a hearing to elicit information concerning the effectiveness of\\nsuch system and the impact of such system upon recipients, and such\\nother matters as the department may deem relevant. Following such\\nhearing, the commissioner may authorize city-wide implementation of such\\nsystem.\\n 3. A recipient residing in the city social services district in a\\ngeographical area where the electronic payment file transfer system is\\nin operation shall be required to receive his public assistance grants\\nand allowances at a location designated by the social services district.\\nA recipient who is subject to the provisions of this chapter relating to\\nwork requirements shall remain subject to such provisions regardless of\\nthe location where he receives his public assistance grants and\\nallowances.\\n 4. The provisions of subdivision one of this section shall expire on,\\nand be of no further force and effect after July first, nineteen hundred\\neighty-four.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-R", "title" : "Liability for reimbursement of public assistance benefits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-R", "activeDate" : "2014-09-22", "sequenceNo" : 188, "repealedDate" : null, "fromSection" : "131-R", "toSection" : "131-R", "text" : " § 131-r. Liability for reimbursement of public assistance benefits. 1.\\nAny person who is receiving or has received, within the previous ten\\nyears, public assistance pursuant to the provisions of this article, and\\nwho wins a lottery prize of six hundred dollars or more shall reimburse\\nthe department from the winnings, for all such public assistance\\nbenefits paid to such person during the previous ten years; provided,\\nhowever, that such crediting to the department shall in no event exceed\\nfifty percent of the amount of the lottery prize. The commissioner shall\\nenter into an agreement with the director of the lottery, pursuant to\\nsection sixteen hundred thirteen-b of the tax law, for the crediting of\\nlottery prizes against public assistance benefits. Nothing herein shall\\nlimit the ability of a social services district to make recoveries\\npursuant to section 104 or section 106-b of this chapter.\\n 2. Any inconsistent provision of this chapter or of any other law\\nnotwithstanding, a social services official may not assert any claim\\nunder any provision of this chapter to recover payments of public\\nassistance if such payments were reimbursed by child support\\ncollections.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-S", "title" : "Payments made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-S", "activeDate" : "2014-09-22", "sequenceNo" : 189, "repealedDate" : null, "fromSection" : "131-S", "toSection" : "131-S", "text" : " § 131-s. Payments made for utility service for recipients of public\\nassistance benefits, supplemental security income benefits or additional\\nstate payments. 1. In the case of a person applying for public\\nassistance, supplemental security income benefits or additional state\\npayments pursuant to this chapter, the social services official of the\\nsocial services district in which such person resides shall, unless\\nalternative payment or living arrangements can be made, make a payment\\nto a gas corporation, electric corporation or municipality for services\\nprovided to such person during a period of up to, but not exceeding,\\nfour months immediately preceding the month of application for such\\nassistance or benefits if such payment is needed to prevent shut-off or\\nto restore service. Persons whose gross household income exceeds the\\npublic assistance standard of need for the same size household must sign\\na repayment agreement to repay the assistance within two years of the\\ndate of payment as a condition of receiving assistance, in accordance\\nwith regulations established by the department. Such repayment agreement\\nmay be enforced in any manner available to a creditor, in addition to\\nany rights the district may have pursuant to this chapter.\\n 2. In the case of a person receiving public assistance, supplemental\\nsecurity income benefits or additional state payments pursuant to this\\nchapter, the social services official of the social services district in\\nwhich such person resides shall, unless alternative payment or living\\narrangements can be made, make a payment to a gas corporation, electric\\ncorporation or municipality for services provided to such person for the\\nmost recent four months in which service was rendered prior to the\\napplication for a utility payment pursuant to this section, provided\\nthat no such payment shall be made for services rendered more than ten\\nmonths prior to the application for such a payment, and provided further\\nthat:\\n (a) such person does not have any funds to pay for such service and\\nsuch payment is needed to prevent termination or to restore service and\\nsuch person has fully applied his public assistance grant, if any, to\\npurposes intended to be included in such grant, or\\n (b) such person in receipt of public assistance has made a written\\nrequest of such official for an advance allowance for utility services\\nalready received pursuant to department regulations and has also made a\\nwritten request that his monthly assistance grant be reduced by a\\nportion of the amount of the advanced allowance, in such amounts as not\\nto cause undue hardship. Such payment shall be in addition to any direct\\npayment or any guarantee of payment for utility service for the month\\nfor which timely payment may still be made. In no event may any part of\\nsuch payment subject to recoupment be made unless the social services\\nofficial first determines under the particular circumstances that the\\nrecipient is not entitled, at the time of requesting such payment, to a\\ngrant pursuant to titles one, three, eight or ten of this article or any\\nother provision of this chapter which could be utilized to cover all or\\na portion to be advanced. If during the period of recoupment, the\\nrecipient becomes entitled to a grant, pursuant to titles one, three,\\neight or ten of this article or any other provision of this chapter,\\nwhich could be utilized to cover all or a portion of the amount to be\\nrecovered, such grant shall be so utilized.\\n 3. If and for so long as a person who has received a grant pursuant to\\nsubdivision two of this section continues to receive public assistance\\nbenefits, supplemental security income benefits or additional state\\npayments, the social services official shall, to the extent authorized\\nby applicable provisions of this chapter and regulations promulgated\\nthereto, either:\\n (a) make payments directly to the gas corporation, electric\\ncorporation or municipality for utility services furnished to such\\nperson during a period in which such person has been determined unable\\nto manage his own financial affairs; or\\n (b) act as guarantor of payment for the month in which the social\\nservices official is advised of the nonpayment and for such period of\\ntime thereafter as may be established by department regulations to the\\nextent that such person fails to pay for utility services provided\\nduring any such month. Such guarantee of payment provided by the social\\nservices official shall not extend for a period exceeding two years for\\nany person receiving public assistance, supplemental security income\\nbenefits or additional state payments.\\n (c) Payments made for recipients of public assistance pursuant to this\\nsubdivision shall be deemed to be advance allowances subject to\\nrecoupment in accordance with department regulations. In no event may\\nany part of such payment subject to recoupment be made unless the social\\nservices official first determines under the particular circumstances\\nthat the recipient is not entitled, at the time of requesting such\\npayment, to a grant pursuant to titles one, three, eight or ten of this\\narticle or any other provision of this chapter which could be utilized\\nto cover all or a portion to be advanced. If during the period of\\nrecoupment, the recipient becomes entitled to a grant, pursuant to\\ntitles one, three, eight or ten of this article or any other provision\\nof this chapter, which could be utilized to cover all or a portion of\\nthe amount to be recovered, such grant shall be so utilized.\\n (d) Whenever a public assistance recipient, for whom a guarantee of\\npayment has been provided pursuant to this subdivision, ceases to\\nreceive public assistance, the social services official shall notify the\\ngas corporation, electric corporation or municipality of the cessation\\ndate in writing within fifteen days of such occurrence. In the case of a\\nrecipient of supplemental security income benefits, the social services\\nofficial shall make such notification within fifteen days after\\nreceiving official notice that the recipient's benefits have ceased. The\\noriginal terms and conditions of any guarantee made pursuant to this\\nsubdivision shall remain in full force and effect only until the end of\\nany month in which the required notice is given.\\n 4. The department shall establish by regulation the manner in which a\\nperson receiving public assistance, supplemental security income\\nbenefits or additional state payments pursuant to this chapter shall\\nadvise the appropriate social services official that payment for utility\\nservices furnished such person has not been made.\\n 5. The social services official shall not make payments pursuant to\\nthis section with respect to any disputed amounts for utility service\\nfurnished for which a complaint has been filed with the gas corporation,\\nelectric corporation or municipality and no determination has been\\nrendered by the gas corporation, electric corporation or municipality or\\nfor which a complaint has been filed with the public service commission\\nand no determination has been made except to the extent payments are\\nrequired by the commission or its staff pending resolution of the\\ndispute by the commission. For purposes of applying the limitation on\\npayments pursuant to subdivision two of this section in any case in\\nwhich such a complaint has been filed with the public service\\ncommission, the date of any application made pursuant to this section\\nshall be deemed to be the date on which the complaint was filed,\\nprovided such application is made no later than thirty days from the\\ndate of resolution by the public service commission.\\n 6. All monies owed the gas corporation, electric corporation or\\nmunicipality by such person in excess of such payment as made by the\\nsocial services official pursuant to this section while such person is\\nin receipt of public assistance, supplemental security income benefits\\nor additional state payments pursuant to this chapter may be reduced to\\na judgment, but shall be exempt from collection for so long as such\\nperson continues to receive or would become in need of public\\nassistance, supplemental security income benefits or additional state\\npayments if the collection was made. The claim of the gas corporation,\\nelectric corporation or municipality shall in all other respects remain\\nunaffected.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-T", "title" : "Periodic reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-T", "activeDate" : "2014-09-22", "sequenceNo" : 190, "repealedDate" : null, "fromSection" : "131-T", "toSection" : "131-T", "text" : " § 131-t. Periodic reporting. A social services official shall require\\neach public assistance or food stamp household which currently is\\nreceiving or received earned income to submit periodic reports relating\\nto factors affecting eligibility, to the extent and in the manner\\nrequired by department regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-U", "title" : "Domestic violence services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "131-U", "activeDate" : "2019-04-19", "sequenceNo" : 191, "repealedDate" : null, "fromSection" : "131-U", "toSection" : "131-U", "text" : " § 131-u. Domestic violence services. 1. Notwithstanding any\\ninconsistent provision of law, a social services district shall, in\\naccordance with the provisions of this section and regulations of the\\ndepartment, offer and provide emergency shelter and services at a\\nresidential program for victims of domestic violence, as defined in\\narticle six-A of this chapter, to the extent that such shelter and\\nservices are necessary and available to a victim of domestic violence,\\nas defined in article six-A of this chapter, and in need of emergency\\nshelter and services, who was residing in the social services district\\nat the time of the alleged domestic violence.\\n 2. The department shall annually establish, subject to the approval of\\nthe director of the budget, a daily rate of reimbursement for each\\nresidential program for victims of domestic violence, as defined in\\narticle six-A of this chapter, certified by the department which\\nprovides emergency shelter and services to persons eligible for such\\nemergency shelter and services pursuant to this section. A social\\nservices district financially responsible for a victim of domestic\\nviolence shall reimburse a residential program for victims of domestic\\nviolence for the costs of emergency shelter and services provided to\\nsuch victim at the daily reimbursement rate established by the\\ndepartment reduced by any other reimbursement available for such costs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-V", "title" : "Temporary emergency shelter", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-V", "activeDate" : "2014-09-22", "sequenceNo" : 192, "repealedDate" : null, "fromSection" : "131-V", "toSection" : "131-V", "text" : " § 131-v. Temporary emergency shelter. 1. Notwithstanding any\\ninconsistent provision of law, and to the extent consistent with federal\\nlaw, a social services official may contract with a non-profit\\ncorporation or charitable organization to provide temporary emergency\\nshelter for eligible homeless households in dwelling units owned or\\nleased, and operated by such corporations or organizations.\\n 2. An allowance for such shelter may be made for households dwelling\\nin such units if:\\n (a) no other suitable privately owned housing which meets the\\ndepartment's standards for health and safety is available, other than a\\nmore expensive hotel or motel; and\\n (b) no household was evicted to produce such units.\\n 3. The continued need for such shelter shall be reviewed, evaluated\\nand authorized monthly by a social services official. Such allowance\\nshall not be available for more than six months unless the commissioner\\nof the social services district determines on an annual basis that\\npermanent housing is not readily available in the district and submits\\nto the department such determination on an annual basis.\\n 4. The social services district shall submit for approval by the\\ndepartment health and safety standards that such units must satisfy and\\nshall inspect such units regularly to ensure that such standards are\\nsatisfied.\\n 5. Such non-profit corporation or charitable organization shall, at a\\nminimum, provide such households with assistance in obtaining permanent\\nhousing and with information regarding available counseling services,\\nemployment assessment, job training and job placement services, and\\nchild care services.\\n 6. This section shall not be construed to limit other means of\\nproviding temporary emergency shelter otherwise permitted under this\\nchapter and regulations promulgated thereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-W", "title" : "Limitations in the payment of rent arrears", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-W", "activeDate" : "2014-09-22", "sequenceNo" : 193, "repealedDate" : null, "fromSection" : "131-W", "toSection" : "131-W", "text" : " § 131-w. Limitations in the payment of rent arrears. Districts shall\\nnot provide assistance to pay rent arrears, property taxes or mortgage\\narrears for persons not eligible for home relief, aid to dependent\\nchildren, emergency assistance to needy families with children or\\nemergency assistance for aged, blind and disabled persons, except to\\npersons who are without income or resources immediately available to\\nmeet the emergency need, whose gross household income does not exceed\\none hundred twenty-five percent of the federal income official poverty\\nline and who sign a repayment agreement agreeing to repay the assistance\\nin a period not to exceed twelve months. The districts shall enforce\\nthe repayment agreements by any legal method available to a creditor, in\\naddition to any rights it has pursuant to this chapter. The department\\nshall promulgate regulations to implement this section which shall,\\namong other things, establish standards for the contents of repayment\\nagreements and establish standards to ensure that assistance is provided\\nonly in emergency circumstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-X", "title" : "Reverse mortgage loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-X", "activeDate" : "2014-09-22", "sequenceNo" : 194, "repealedDate" : null, "fromSection" : "131-X", "toSection" : "131-X", "text" : " § 131-x. Reverse mortgage loans. Notwithstanding any other\\ninconsistent provisions of law and to the extent permissible under\\nfederal law, regulation or waiver, the proceeds of a reverse mortgage\\nloan made in conformity with the requirements of section two hundred\\neighty or two hundred eighty-a of the real property law or exempted\\ntherefrom pursuant to subdivision four of section two hundred eighty or\\nsubdivision four of section two hundred eighty-a of the real property\\nlaw shall not be considered as income or resources of the mortgagor for\\nany purpose under any law relating to food stamps, public assistance,\\nveteran assistance, safety net assistance, low-income home energy\\nassistance, federal supplemental security income benefits and/or\\nadditional state payments, medical assistance, any prescription drug\\nplan or other payments, allowances, benefits or services available\\npursuant to this chapter; provided, however, that for applicants or for\\nrecipients of safety net assistance, any such reverse mortgage loan\\nproceeds shall be disregarded as income and/or resources only in the\\nevent that, and for so long as, federal laws and regulations exempt loan\\nproceeds in the determination of eligibility for both the aid to\\nfamilies with dependent children and supplemental security income\\nprograms.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-Z", "title" : "Child assistance program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "131-Z", "activeDate" : "2014-09-22", "sequenceNo" : 195, "repealedDate" : null, "fromSection" : "131-Z", "toSection" : "131-Z", "text" : " § 131-z. Child assistance program. 1. Notwithstanding any other\\nprovision of law to the contrary, any district may operate a child\\nassistance program as part of the family assistance program with the\\napproval of the department. Approved expenditures for such child\\nassistance program shall be subject to federal and state reimbursement\\nas expenditures under the family assistance program in accordance with\\nsection one hundred fifty-three of this chapter. Provided, however, on\\nor after January first, nineteen hundred ninety-eight the department\\nshall reimburse social services districts for the administrative costs\\nof this program in accordance with the provisions of subdivision sixteen\\nof section one hundred fifty-three of this chapter. All custodial parent\\nfamilies receiving family assistance benefits shall be eligible for this\\nprogram, provided they satisfy the requirements of this section, if they\\nreside in a district which operates such a program.\\n 2. Where a program has been authorized, child assistance payments\\npursuant to the provisions of this section may be made to custodial\\nparents on behalf of minor children in accordance with the criteria\\nspecified in subdivisions three, four, five and six of this section in\\nlieu of allowances determined in accordance with section one hundred\\nthirty-one-a of this article. The amount of such child assistance\\npayments shall be at least the sum of three thousand three hundred sixty\\ndollars per annum for the first minor child and one thousand one hundred\\nsixteen dollars per annum for each additional minor child, provided that\\nsuch payments shall be reduced by the amounts specified in paragraph (a)\\nof subdivision six of this section. The commissioner may develop a\\nmethodology which will provide for the periodic adjustment of the\\nbenefit level to reflect changes in maximum monthly grants and\\nallowances authorized pursuant to section one hundred thirty-one-a of\\nthis article for the family assistance program. In addition, the child\\nassistance payments shall be established so that the payments combined\\nwith earnings from full-time employment shall result in a family of\\nthree having income at or above the poverty level for nineteen hundred\\neighty-seven as reported by the federal department of health and human\\nservices.\\n 3. No custodial parent who resides in a social services district or\\nportion of such district in which a child assistance program is operated\\nshall be eligible under this program for receipt of child assistance\\npayments for a child, unless:\\n (a) An order of child support for such child has been made by a court\\nof competent jurisdiction;\\n (b) The order of child support is payable through a support collection\\nunit as created by section one hundred eleven-h of this chapter or such\\nother administrative mechanism as may be designated by the commissioner;\\nor the custodial parent has cooperated in taking the necessary steps to\\nensure that the child support order is payable through a support\\ncollection unit or other administrative mechanism;\\n (c) The parent subject to a support order described in paragraphs (a)\\nand (b) of this subdivision is absent from the home;\\n (d) The custodial parent and the child for whom, or on whose behalf an\\napplication for child assistance program payments is made is at such\\ntime, a recipient of family assistance benefits; and\\n (e) The custodial parent has not withdrawn from the program within the\\nthree months prior to the date of reapplication for benefits under this\\nprogram.\\n 4. Notwithstanding the provisions of subdivision three of this\\nsection, a custodial parent may be eligible under this program even\\nthough the custodial parent has failed to obtain an order of child\\nsupport because:\\n (a) The other parent is deceased;\\n (b) The custodial parent has demonstrated to the satisfaction of the\\ncommissioner, a diligent effort to obtain a child support order,\\nincluding providing the local social services district with the\\ninformation necessary to file a petition for child support, but due to\\nreasons outside of the control of the custodial parent, a child support\\norder is not obtainable in a reasonable period of time;\\n (c) The custodial parent has good cause as defined in regulations, not\\nto cooperate in obtaining a child support order; or\\n (d) The child resides with both parents and paternity has either been\\nacknowledged or established.\\n 5. A participant is no longer to be considered a participant in this\\nprogram when such individual is not eligible for payments as a result of\\nthe operation of paragraph (a) of subdivision six of this section for\\nfour consecutive months.\\n 6. (a) So long as funds are available therefor, the amount received by\\neach custodial parent eligible to receive child assistance payments\\npursuant to this section shall be reduced by an amount equal to:\\n (i) An amount which reflects a portion of the actual income of the\\ncustodial parent pursuant to a methodology to be established by the\\ncommissioner; and\\n (ii) An additional amount which reflects that portion of the custodial\\nparent's spouse's income which is deemed to be available to other\\nhousehold members pursuant to a methodology to be established by the\\ncommissioner.\\n (b) Persons in receipt of both child assistance under this section and\\nmedical assistance pursuant to title eleven of article five of this\\nchapter who, prior to April first, two thousand five, become ineligible\\nfor medical assistance solely due to increased earnings from employment\\nor loss of earned income disregards shall, if otherwise eligible, remain\\neligible for medical assistance until March thirty-first, two thousand\\nfive or until such later time as may be required by the provisions of\\nsuch title or of this subdivision. Such medical assistance shall be\\nprovided initially pursuant to paragraphs (a) and (b) of subdivision\\nfour of section three hundred sixty-six of this article.\\n (c) With respect to persons described in paragraph (b) of this\\nsubdivision, including those no longer in receipt of child assistance\\ndue to increased earnings from employment, when the medical assistance\\nprovided pursuant to paragraphs (a) and (b) of subdivision four of\\nsection three hundred sixty-six of this chapter ends, such persons, if\\nineligible for medical assistance solely due to earnings from employment\\nor loss of earned income disregards shall, if otherwise eligible, remain\\neligible for medical assistance for an additional twelve months.\\nHowever, in no event shall medical assistance be provided pursuant to\\nthis paragraph for any period that is more than twelve months after such\\npersons cease to participate in the child assistance program.\\n (d) Social services districts shall take all necessary actions to\\nprovide medical assistance pursuant to paragraphs (a) and (b) of\\nsubdivision four of section three hundred sixty-six of this chapter to\\nindividuals described in paragraphs (b) and (c) of this subdivision who\\nare eligible for such assistance. Social services districts shall\\nprovide to individuals described in paragraphs (b) and (c) of this\\nsubdivision information as to the availability of the child health\\ninsurance plan described in title one-A of article twenty-five of the\\npublic health law.\\n 7. Each participating social services district shall provide to all\\nrecipients eligible for participation in this program in accordance with\\nthe approved program a comparison of the benefits that would be\\navailable to the household under family assistance and the child\\nassistance payments as provided in this section. Each participating\\ndistrict shall inform all eligible recipients that participation in this\\nprogram is voluntary.\\n 8. Participation in this program shall be voluntary. Should a\\nparticipant elect to terminate his or her participation in this program,\\nthen, upon reapplication for family assistance benefits and a subsequent\\ndetermination of eligibility, such participant shall be restored to\\nbenefits effective from the date of reapplication.\\n 9. The department shall promulgate regulations for the operation of\\nthe child assistance program. Such regulations shall include but not be\\nlimited to:\\n (a) Resources. At program entry, program participants may not have\\nresources which exceed the level permitted for eligibility for the\\nfamily assistance program. Once eligible for the program, no further\\nresource tests shall be imposed;\\n (b) Eligibility determinations. Program participants shall not be\\nrequired to report changes in income more frequently than quarterly;\\n (c) Lump sums. If a child or relative participating in the program\\nreceives, in any month or months in a quarter, a non-recurring amount of\\nearned or unearned income, the quarterly total of which exceeds one\\nquarter of the annual poverty level for nineteen hundred eighty-seven\\nfor a family of the same size as the program household which received\\nthe lump sum, the case shall be ineligible for assistance for the whole\\nnumber of quarters that equals the amount of the non-recurring income\\nreceived, adjusted for any applicable disregards of income, divided by\\nthe quarterly poverty level applicable to the case;\\n (d) One hundred eighty-five percent of gross income test. Program\\nparticipants shall be allowed to have income in excess of one hundred\\neighty-five percent of the state standard of need;\\n (e) Loss of eligibility. Non-compliance with a condition of\\neligibility shall result in the ineligibility of the whole family for\\nthe child assistance program;\\n (f) Determination of available income. Notwithstanding section one\\nhundred thirty-one-a or any other provision of this chapter,\\ndetermination of available income and the determination of income to be\\ndisregarded shall be in accordance with these regulations provided\\nhowever that the methodology shall not be adjusted in a manner such that\\na household would receive a lower benefit than a similarly situated\\nhousehold would have received in January, nineteen hundred ninety-seven\\nfor the same amount of earned income; and\\n (g) Cash out of food stamps. To the extent permitted by federal law,\\nprogram participants shall receive the value of their food stamps in\\ncash.\\n (h) Child support pass through. The requirement that certain child\\nsupport collected be passed through to the custodial parent pursuant to\\nsection one hundred eleven-c of this chapter shall not apply to persons\\nparticipating in the child assistance program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "131-ZZ", "title" : "Child poverty reduction", "docType" : "SECTION", "publishedDates" : [ "2021-12-03", "2022-03-04" ], "docLevelId" : "131-ZZ", "activeDate" : "2022-03-04", "sequenceNo" : 196, "repealedDate" : null, "fromSection" : "131-ZZ", "toSection" : "131-ZZ", "text" : " * § 131-zz. Child poverty reduction. 1. Legislative findings. The\\nlegislature hereby declares that New York should take any steps\\nnecessary to reduce the overall child poverty rate by fifty percent in\\nthe next ten years. Nearly three million New Yorkers are living in\\npoverty, eight hundred ninety-five thousand of which are children. In\\nfact, one in five New York children struggle to meet basic needs, and\\nalthough several efforts have been undertaken, the overall poverty rate\\nin New York has failed to see a reduction over the last decade. The\\nlegislature finds that reducing child poverty will protect the health\\nand general well-being of all New Yorkers. To effectuate this reduction,\\nthe child poverty reduction advisory council shall be established to\\nresearch policy ideas, develop best practices, and continually monitor\\nrelevant benchmarks to ensure that New York continues to work towards\\nreducing child poverty by fifty percent in ten years.\\n 2. Child poverty reduction advisory council established. (a) To\\neffectuate a reduction in child poverty in the state, there is hereby\\nestablished an advisory council, to be known as the \"child poverty\\nreduction advisory council\", hereafter referred to as the \"advisory\\ncouncil\". The advisory council shall carry out the required acts set\\nforth in subdivision four of this section.\\n (b) The members of the advisory council shall be chaired by a\\nrepresentative of the executive chamber and the commissioner of the\\noffice of temporary and disability assistance, or their designees.\\nEnsuring adequate geographic representation, members of the advisory\\ncouncil shall be appointed in the following manner:\\n (i) two members shall be appointed by the temporary president of the\\nsenate;\\n (ii) two members shall be appointed by the speaker of the assembly;\\n (iii) two members shall be appointed by the commissioner of the office\\nof temporary and disability assistance;\\n (iv) at least one member shall be appointed by the governor from each\\nof the following entities:\\n (1) the office of children and family services;\\n (2) the New York state council on children and families;\\n (3) the department of taxation and finance;\\n (4) a regional economic development council;\\n (5) a statewide non-profit poverty advocacy organization; and\\n (6) a non-profit organization with a focus on poverty issues; and\\n (v) two individuals who are directly impacted by poverty in the state.\\n (c) The members of the advisory council shall receive no compensation\\nfor their services but shall be allowed their actual and necessary\\nexpenses incurred in the performance of their duties.\\n (d) The advisory council shall convene within sixty days after the\\neffective date of this section. A quorum shall consist of a majority of\\nthe members of the advisory council entitled to vote on the matter under\\nconsideration. Approval of any matter shall require the affirmative vote\\nof a majority of the members voting thereon. The advisory council shall\\nadopt by-laws for the management and regulation of its affairs,\\nincluding the creation of committees and subcommittees to effectuate the\\nwork required.\\n 3. Appointments to the advisory council. (a) Appointments to the\\nadvisory council shall be made no later than forty-five days after the\\neffective date of this section.\\n (b) If any such appointment is not made by such date, the appointing\\nofficial may make the appointment after that date, but such vacant\\nappointment shall not count for the calculation of a quorum until such\\nvacancy is filled.\\n (c) Any vacancies in the advisory council shall be filled in the same\\nmanner as the original appointment was made.\\n 4. Policy proposal review and recommendations. The advisory council\\nshall:\\n (a) develop and publish a timeline, inclusive of yearly benchmarks,\\nfor reducing child poverty in the state by fifty percent in ten years.\\nSuch timeline shall be made publicly available.\\n (b) consider policy proposals that shall include, but not be limited\\nto, the following proposals and release a report outlining the effect\\nthat the enactment of such proposals may have on the rate of childhood\\npoverty in New York:\\n (i) expanding and strengthening the state's earned income tax credit\\nto align with the state's minimum wage to cover individual taxpayer\\nidentification number filers and young, childless adults and to be paid\\nout quarterly;\\n (ii) expanding and strengthening the state's child tax credit to\\ninclude young children, and to eliminate the minimum income threshold;\\n (iii) expanding work training and employment programs in the state;\\n (iv) expanding access to subsidized housing; and\\n (v) expanding access to subsidized child care.\\n (c) investigate the effects that each of the proposals listed in\\nparagraph (b) of this subdivision may have if enacted by itself, as well\\nas the effect the proposals may have if enacted in conjunction with the\\nother proposals, including related changes to federal policies. The\\nadvisory council shall include the cost to the state related to the\\nimplementation of such policies, as well as the projected savings in\\nboth the short and long term that the state could realize by reducing\\npoverty.\\n (d) review agency programs that can be modified, suspended, or\\notherwise changed to immediately reduce the child poverty rate.\\n (e) deliver to the governor, the speaker of the assembly and the\\ntemporary president of the senate, reports containing the timeline\\nrequired pursuant to paragraph (a) of this subdivision, the review of\\nthe policy proposals required pursuant to paragraph (b) of this\\nsubdivision, the investigation of the effects of such policies pursuant\\nto paragraph (c) of this subdivision and the review of agency programs\\nrequired pursuant to paragraph (d) of this subdivision on or before\\neighteen months from the effective date of this section.\\n (f) develop recommendations for additional policies and procedures to\\nreduce the state's child poverty rate by fifty percent in ten years from\\nthe effective date of this section. In developing such policies and\\nprocedures, the advisory council shall consider:\\n (i) the disproportionate impact poverty may have on various racial and\\nethnic communities and what policies may assist in alleviating such\\ndisparities;\\n (ii) ways to improve access to public benefits for individuals\\nregardless of their immigration status;\\n (iii) policies that assist families to obtain and maintain financial\\nstability, including policies that assist individuals with educational\\nadvancements as well as securing employment that provides a living wage;\\nand\\n (iv) any other factors that may impact a family, parent, or child's\\nability to stay above the poverty level, including, but not limited to:\\n (1) stability and predictability of income;\\n (2) equitable and ready access to programs;\\n (3) equitable treatment across racial, immigration and ethnic groups;\\n (4) positive environmental conditions;\\n (5) the individual health and well-being of the parents and children;\\nand\\n (6) the cost to the state, including the short-term costs of the\\nprograms and the long-term savings from having such programs in place.\\n (g) deliver to the governor, the speaker of the assembly and the\\ntemporary president of the senate the recommendations of the advisory\\ncouncil as required pursuant to paragraph (f) of this subdivision on or\\nbefore two years after the effective date of this section.\\n (h) release annual reports starting September first, two thousand\\ntwenty-three, detailing the progress that the state has made in reducing\\nthe child poverty rate in line with the recommendations set forth in\\nthis subdivision.\\n (i) collaborate with experts in the field of poverty research, utilize\\navailable data from other relevant statewide studies of poverty, and\\nsolicit input from stakeholder interests including, but not limited to\\npersons impacted by poverty, non-profit organizations that assist those\\nliving in poverty, individuals or organizations that work to end racial\\ndisparities in New York, and child poverty advocacy organizations. The\\nadvisory council shall also conduct formal public hearings, which shall\\ntake place in at least four regions of the state, as defined by the\\nempire state development corporation, and shall be offered during\\nnon-traditional hours to allow for persons unable to normally testify\\ndue to work requirements to so testify.\\n 5. Implementation of recommendations. The legislature may utilize\\nrecommendations provided to prioritize the implementation of programs\\nand services, as they deem appropriate, that would facilitate the goals\\nof reducing child poverty by fifty percent over the next ten years from\\nthe effective date of this section.\\n 6. Budget proposal review. No later than ten days after the governor\\noffers any amendments to the executive budget submission pursuant to\\narticle seven of the constitution, the advisory council shall submit to\\nthe chairs of the senate finance committee and the assembly ways and\\nmeans committee, a report analyzing the proposals contained within the\\nexecutive budget submission that are expected by the advisory council to\\nimpact the child poverty rate.\\n 7. Advisory council staff and agency liaison. (a) The commissioner of\\nthe office of temporary and disability assistance shall designate such\\nemployees of the office of temporary and disability assistance as are\\nreasonably necessary to provide support services to the advisory\\ncouncil. The advisory council, acting by the chair of the advisory\\ncouncil, may employ additional staff and consultants, who shall be paid\\nfrom amounts made available to the advisory council for such purpose.\\n (b) All state agencies, public authorities, and public benefit\\ncorporations shall provide such assistance as may be reasonably\\nrequested by the chair of the advisory council. Provided however, any\\ninformation provided shall be kept confidential and shall be used only\\nfor the specific purpose of effectuating the duties of the council.\\n 8. Deliberations of the advisory council. The deliberations, meetings\\nand other proceedings of the advisory council and any committee or\\nsubcommittee thereof shall be governed by article seven of the public\\nofficers law. Any one or more members of a committee or subcommittee may\\nparticipate in a meeting of such committee or subcommittee by means of a\\nconference telephone, conference video or similar communication or\\nelectronic communication, provided that such communication allows all\\npersons participating in the meeting, and all persons observing the\\nmeeting, including members of the public, to hear each other at the same\\ntime. Participation by such means shall constitute presence at a\\nmeeting. If a meeting other than an executive session is to be conducted\\nby means of a conference telephone, conference video or similar\\ncommunication or electronic communication, the public notice for such\\nmeeting shall inform the public that such equipment will be used, and\\nfurther identify the means by which the public may listen to such\\nmeeting.\\n * NB Repealed December 1, 2032\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "132", "title" : "Investigation of applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-09", "2021-06-18", "2021-10-15" ], "docLevelId" : "132", "activeDate" : "2021-10-15", "sequenceNo" : 197, "repealedDate" : null, "fromSection" : "132", "toSection" : "132", "text" : " § 132. Investigation of applications. 1. When an application for\\nassistance or care is received, or a social services official is\\ninformed that a person is in need of public assistance and care, an\\ninvestigation and record shall be made of the circumstances of such\\nperson. The object of such investigations shall be to secure the facts\\nnecessary to determine whether such person is in need of public\\nassistance or care and what form thereof and service he or she should\\nreceive. Information shall be sought as to the residence of such person,\\nthe name, age, religious faith, physical condition, earnings or other\\nincome, and ability to work of all members of the family, the cause of\\nthe person's condition, the ability and willingness of the family,\\nrelatives, friends and church to assist, and such other facts as may be\\nuseful in determining the treatment which will be helpful to such\\nperson. However, nothing in this subdivision or elsewhere in this\\nchapter contained shall be construed to require a social services\\nofficial to communicate with or require assistance from any person or\\npersons liable by law to contribute to the support of a woman pregnant\\nwith, or the mother of, an out of wedlock child, in need of care away\\nfrom home during pregnancy and during and after delivery, in the case\\nwhere the surrender of the child to the social services official is\\nunder consideration, for such period as may be necessary for such mother\\nand official to decide whether the child will be surrendered for\\nadoption to such official, which period shall not extend beyond ninety\\ndays after birth of the child. Except where the welfare official is in\\npossession of positive proof that the applicant is receiving or is\\neligible to receive unemployment insurance benefits and the amount\\nthereof such investigations shall include written request to the\\ncommissioner of labor or his or her duly authorized officer charged with\\nadministration of the unemployment insurance law for information as to\\nthe status of such person in respect to unemployment insurance benefits.\\n 2. (a) All applications received by a town social services officer\\nshall be forwarded to the county commissioner immediately and all such\\napplications shall be investigated by the staff of the county\\ncommissioner. After investigation the county commissioner shall return\\nto the town social services officer every application for safety net\\nassistance made by a person residing or found in such town, together\\nwith his or her recommendation as to the eligibility of the applicant\\nand the amount of assistance to be granted, if any. In addition thereto,\\nthe county commissioner shall keep the town social services officer\\ncurrently informed of persons residing in his or her town who are\\nreceiving any form of public assistance and care other than safety net\\nassistance.\\n (b) In a city social services district, investigation of applications\\nshall be made by the city commissioner of social services and his staff.\\n (c) In a city which is functioning under section seventy-four-a of\\nthis chapter, investigation shall be made by the county commissioner of\\nsocial services and his staff.\\n 3. The commissioner of the department of family assistance shall\\nprovide by regulation for methods of determining eligibility for public\\nassistance and care, other than medical assistance, to be utilized by\\nall social services officials. Such regulations shall provide for\\nmethods of verifying information supplied by or about recipients with\\ninformation contained in the wage reporting system established pursuant\\nto section one hundred seventy-one-a of the tax law and similar systems\\nin other geographically contiguous states, and, to the degree mandated\\nby federal law with the non-wage income file maintained by the United\\nStates internal revenue service, with the benefits and earnings data\\nexchange maintained by the United States department of health and human\\nservices, and with the unemployment insurance benefit file.\\n 4. (a) Investigation into the cause of the condition of a head of\\nhousehold or of any adult applicant or recipient and the treatment which\\nwill be helpful to such person shall include a screening for alcohol\\nand/or substance abuse using a standardized screening instrument to be\\ndeveloped by the office of addiction services and supports in\\nconsultation with the department. Such screening shall be performed by a\\nsocial services district at the time of application and periodically\\nthereafter but not more frequently than every six months, unless the\\ndistrict has reason to believe that an applicant or recipient is abusing\\nor dependent on alcohol or drugs, in accordance with regulations\\npromulgated by the department. Such screening may be conducted by\\ntelephone or other digital means at the request of the applicant or\\nrecipient.\\n (b) When the screening process indicates that there is reason to\\nbelieve that an applicant or recipient is abusing or dependent on\\nalcohol or drugs, the social services district shall require a formal\\nalcohol or substance abuse assessment, which may include drug testing,\\nto be performed by an alcohol and/or substance abuse professional\\ncredentialed by the office of addiction services and supports. Provided\\nhowever, if the applicant or recipient tests positive for the presence\\nof cannabis, the positive result alone shall not be sufficient to\\nestablish a dependence for purposes of requiring an individual to\\nparticipate in a treatment program pursuant to paragraph (c) of this\\nsubdivision. The assessment may be performed directly by the district or\\npursuant to contract with the district. Such assessment may be conducted\\nby telephone or other digital means at the request of the applicant or\\nrecipient.\\n (c) The social services official shall refer applicants and recipients\\nwhom it determines are presently unable to work by reason of their need\\nfor treatment for alcohol or substance abuse based on the formal\\nassessment to a treatment program licensed or certified by the office of\\nalcoholism and substance abuse services or operated by the United States\\noffice of veterans affairs and determined by the social services\\nofficial to meet the rehabilitation needs of the individual. When\\nresidential treatment is appropriate for a single custodial parent, the\\nsocial services official shall make diligent efforts to refer the parent\\nto a program that would allow the family to remain intact for the\\nduration of the treatment.\\n (d) A person who fails to participate in the screening or in the\\nassessment shall be ineligible for public assistance. Other members of a\\nhousehold which includes a person who has failed to participate in the\\nscreening or assessment shall, if otherwise eligible, receive public\\nassistance only through safety net assistance if they are otherwise\\neligible for public assistance.\\n (e) A person referred to a treatment program pursuant to paragraph (c)\\nof this subdivision, and the household with which he or she resides\\nshall receive safety net assistance while the person is participating in\\nsuch treatment, if the household is otherwise eligible for public\\nassistance. If a person referred to treatment cannot participate in that\\ntreatment because treatment is not presently available, that person and\\nthe household with which he or she resides shall receive safety net\\nassistance if the household is otherwise eligible for public assistance.\\n (f) If an applicant or recipient is required, pursuant to paragraph\\n(c) of this subdivision, to participate in an appropriate rehabilitation\\nprogram and refuses to participate in such program without good cause or\\nleaves such program prior to completion of the program without good\\ncause, provided that program completion shall be solely determined by\\nthe guidelines and rules of such rehabilitation program, or if an\\napplicant or recipient has been suspended from the receipt of social\\nsecurity disability benefits or supplemental security income benefits by\\nreason of noncompliance with requirements of the federal social security\\nadministration for treatment for substance abuse or alcohol abuse, the\\nperson will be disqualified from receiving public assistance as follows:\\n (i) for the first failure to participate in or complete the program,\\nuntil the failure ceases or for forty-five days, whichever period of\\ntime is longer;\\n (ii) for the second such failure, until the failure ceases or for one\\nhundred twenty days, whichever period of time is longer; and\\n (iii) for the third and subsequent failures, until the failure ceases\\nor for one hundred eighty days, whichever period is longer.\\n Good cause shall be defined in regulations by the commissioner.\\n The household with which the person resides shall continue to receive\\nsafety net assistance if otherwise eligible.\\n (g) Persons disqualified from receiving public assistance pursuant to\\nparagraph (f) of this subdivision who would otherwise be eligible for\\npublic assistance and who return to required treatment prior to the end\\nof the disqualification period and are receiving residential care as\\ndefined in paragraph (d) of subdivision three of section two hundred\\nnine of this chapter shall be eligible for safety net assistance.\\n (h) Notwithstanding any inconsistent provision of section one hundred\\nthirty-one-o of this article, if a recipient required to participate in\\nan appropriate treatment program pursuant to paragraph (c) of this\\nsubdivision receives a personal needs allowance, such allowance shall be\\nmade as a restricted payment to the treatment program and shall be a\\nconditional payment. If such recipient leaves the treatment program\\nprior to the completion of such program, any accumulated personal needs\\nallowance will be considered an overpayment and returned to the social\\nservices district which provided the personal needs allowance.\\n (i) Compliance with the provisions of this subdivision shall not be\\nrequired as a condition of applying for or receiving medical assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "132-A", "title" : "Children born out of wedlock; special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "132-A", "activeDate" : "2014-09-22", "sequenceNo" : 198, "repealedDate" : null, "fromSection" : "132-A", "toSection" : "132-A", "text" : " § 132-a. Children born out of wedlock; special provisions. 1. When an\\ninvestigation is required by section one hundred thirty-two and other\\nprovisions of this chapter for the purpose of determining the\\neligibility for public assistance and care of an applicant pregnant with\\nor who is the mother of an out of wedlock child such investigation shall\\ninclude diligent inquiry into the paternity of such child.\\n 2. Except when the surrender of the child to the social services\\nofficial for the purpose of adoption is under consideration in\\naccordance with the provisions of section one hundred thirty-two, and\\nexcept when the child has been surrendered to the social services\\nofficial for the purpose of adoption, the social services official shall\\ncommunicate with and require support from any person liable by law to\\ncontribute to the support of such applicant or her child.\\n 3. In appropriate cases, such applicant shall be required to file a\\npetition in the family court instituting proceedings to determine the\\npaternity of her child, and she shall be required to assist and\\ncooperate in establishing such paternity. However, such a petition shall\\nnot be required to be filed if the child has been surrendered to the\\nsocial services official for adoption or if such surrender is under\\nconsideration in accordance with the provisions of section one hundred\\nthirty-two.\\n 4. In any case where the social services official has decided, in\\naccordance with the provisions of section one hundred thirty-two, not to\\nconduct an investigation, a written report of such decision and the\\nbasis therefor shall be made in duplicate to the department, upon forms\\nprescribed by the department, within thirty days after the making\\nthereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "133", "title" : "Temporary preinvestigation emergency needs assistance or care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01" ], "docLevelId" : "133", "activeDate" : "2015-05-01", "sequenceNo" : 199, "repealedDate" : null, "fromSection" : "133", "toSection" : "133", "text" : " § 133. Temporary preinvestigation emergency needs assistance or care.\\nUpon application for public assistance or care under this chapter, the\\nlocal social services district shall notify the applicant in writing of\\nthe availability of a monetary grant adequate to meet emergency needs\\nassistance or care and shall, at such time, determine whether such\\nperson is in immediate need. If it shall appear that a person is in\\nimmediate need, emergency needs assistance or care shall be granted\\npending completion of an investigation. The written notification\\nrequired by this section shall inform such person of a right to an\\nexpedited hearing when emergency needs assistance or care is denied. A\\npublic assistance applicant who has been denied emergency needs\\nassistance or care must be given reason for such denial in a written\\ndetermination which sets forth the basis for such denial. Nothing in\\nthis section shall be construed to require the social services district\\nor any state agency to provide medical assistance, except as otherwise\\nrequired by title eleven of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "133-A", "title" : "Contracts for distribution of public assistance grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "133-A", "activeDate" : "2014-09-22", "sequenceNo" : 200, "repealedDate" : null, "fromSection" : "133-A", "toSection" : "133-A", "text" : " § 133-a. Contracts for distribution of public assistance grants. As\\npermitted or required by regulations of the department, each social\\nservices district may contract with an appropriate department or agency\\nof the state or banking institutions to distribute grants and allowances\\nof public assistance to the grantees thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "134", "title" : "Supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "134", "activeDate" : "2014-09-22", "sequenceNo" : 201, "repealedDate" : null, "fromSection" : "134", "toSection" : "134", "text" : " § 134. Supervision. The social service officials responsible under\\nsection one hundred thirty-two for investigating any application for\\npublic assistance and care, shall maintain close contact with persons\\ngranted public assistance and care. Such persons shall be visited as\\nfrequently as is provided by the regulations of the department or\\nrequired by the circumstances of the case, in order that any treatment\\nor service tending to restore such persons to a condition of\\nself-support and to relieve their distress may be rendered and in order\\nthat assistance or care may be given only in such amount and as long as\\nnecessary. Persons receiving care in an institution shall be visited as\\noften as may be necessary in order that any service or care needed by\\nthem shall be provided and in order that institutional care shall be\\ngiven only as long as it is advantageous for the person's welfare. The\\ncircumstances of a person receiving continued care shall be\\nreinvestigated as frequently as the regulations of the department may\\nrequire.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "134-A", "title" : "Conduct of investigation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-06-18", "2021-10-15" ], "docLevelId" : "134-A", "activeDate" : "2021-10-15", "sequenceNo" : 202, "repealedDate" : null, "fromSection" : "134-A", "toSection" : "134-A", "text" : " § 134-a. Conduct of investigation. 1. In accordance with regulations\\nof the department of family assistance, any investigation or\\nreinvestigation of eligibility for public assistance and care, other\\nthan medical assistance, shall be limited to those factors reasonably\\nnecessary to insure that expenditures shall be in accord with applicable\\nprovisions of this chapter and the regulations of the department and\\nshall be conducted in such manner so as not to violate any civil right\\nof the applicant or recipient. Such regulations of the department shall\\nprovide that where inconsistencies and gaps in the information presented\\nby a recipient or where other circumstances in the particular case would\\nindicate to a prudent person, that further inquiry should be made,\\nadditional necessary information is to be sought except further that the\\ndepartment shall provide by regulations which are consistent with\\nfederal law for matching of data supplied by or about recipients with\\ninformation contained in the wage reporting system established pursuant\\nto section one hundred seventy-one-a of the tax law and similar systems\\nin other geographically contiguous states, and such regulations shall\\nfurther provide to the extent mandated by federal law for matching with\\nthe non-wage income file maintained by the United States internal\\nrevenue service, with the benefits and earnings data exchange maintained\\nby the United States department of health and human services, and with\\nthe unemployment insurance benefits file. In making such investigation\\nor reinvestigation, sources of information, other than records\\nmaintained by a public agency, shall be consulted only with the\\npermission of the applicant or recipient. However, if such permission is\\nnot granted by the applicant or recipient, the appropriate social\\nservices official may deny, suspend or discontinue public assistance or\\ncare until such time as he may be satisfied that such applicant or\\nrecipient is eligible therefor. Nothing in this section shall be\\nconstrued to prohibit activities the department reasonably believes\\nnecessary to conform with Federal requirements under section one\\nthousand one hundred thirty-seven of the social security act. The\\nactivities authorized by this section may be initiated only with regard\\nto those clients who have been given appropriate notice of verification\\nactivity under article six-A of the public officers law.\\n 2. At the time he applies for public assistance and care, an applicant\\nshall, as a condition of receiving such aid, present proof of his\\nidentity to the social services official as the department may by\\nregulation require, and he shall provide such proof thereafter whenever\\nrequired by such official.\\n 3. The social services official shall require that persons applying\\nfor or receiving public assistance and care be interviewed personally at\\na time and in a manner provided by the regulations of the department,\\nand the social services official may provide the option of a phone\\ninterview or other digital means for such interview at the request of\\nthe applicant or recipient.\\n 4. Notwithstanding any other provisions of this chapter, the\\ndepartment may provide for a comparison of information identifying a\\nrecipient of benefits under any program authorized under this chapter\\nwith identifying information possessed by state agencies in other states\\nadministering programs similar to those authorized by this chapter\\nregarding recipients of such programs. Such a comparison shall be\\nauthorized only with regard to clients who have received appropriate\\nnotice under the personal privacy protection law, which notice shall be\\ndeemed compliance with the provisions of subdivision one of this\\nsection. Should the comparison of identifying information indicate that\\nthe client in question is or has been simultaneously receiving benefits\\nin both states, the department may, in its discretion, authorize\\nexchange of income, benefit, and other case information with the state\\nagency of the other state.\\n 5. The social services official upon receipt of information concerning\\na sentence of imprisonment imposed upon a person receiving public\\nassistance shall make a reinvestigation of eligibility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "134-B", "title" : "Front end detection system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "134-B", "activeDate" : "2014-09-22", "sequenceNo" : 203, "repealedDate" : null, "fromSection" : "134-B", "toSection" : "134-B", "text" : " § 134-b. Front end detection system. In accordance with regulations\\npromulgated by the department, each social services district shall\\nestablish procedures to identify, investigate and resolve potential\\ncases of fraud, misrepresentation or inadequate documentation prior to\\ndetermining an applicant's eligibility for public assistance. Such\\nprocedures shall not delay the determination of eligibility for\\nassistance beyond the timeframes established in law or regulation for\\nsuch determination, including emergency assistance. Each social services\\ndistrict shall submit to the department a plan describing such\\nprocedures in such form and at such times as the department may require.\\nSuch department regulations shall include, but not be limited to,\\nstandards governing referrals by the district to its fraud detection\\nunit, and shall set forth indicators to be used, in part, to govern such\\nreferrals based on the individual's employability, employment history,\\nor prior incidence of overpayments attributable to client conduct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "134-C", "title" : "Requirement to publicly post information", "docType" : "SECTION", "publishedDates" : [ "2022-07-22", "2022-10-14" ], "docLevelId" : "134-C", "activeDate" : "2022-10-14", "sequenceNo" : 204, "repealedDate" : null, "fromSection" : "134-C", "toSection" : "134-C", "text" : " § 134-c. Requirement to publicly post information. 1. Each local\\nsocial services district shall be required to post information in\\naccordance with this section, in a form and manner to be determined by\\nthe commissioner. Such poster shall be conspicuous and visible to all\\napplicants and/or recipients of public assistance who are applying for\\nassistance and be at least eight and one-half inches by eleven inches in\\nsize. Such information shall also be posted on the office of temporary\\nand disability assistance's website.\\n 2. Such information shall include, but not be limited to, informing\\nindividuals who are applying to receive assistance that they have the\\nright to:\\n (a) a fair hearing;\\n (b) ask about emergency assistance;\\n (c) apply for all benefits and services;\\n (d) ask about child care;\\n (e) free language services;\\n (f) screening and special services if experiencing domestic violence;\\nand\\n (g) a written adequate notice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "135", "title" : "Cooperation of public welfare officials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "135", "activeDate" : "2014-09-22", "sequenceNo" : 205, "repealedDate" : null, "fromSection" : "135", "toSection" : "135", "text" : " § 135. Cooperation of public welfare officials. 1. It shall be the\\nduty of every public welfare official to render assistance and cooperate\\nwithin his jurisdictional powers with every other public welfare\\nofficial and with the family court and all other governmental agencies\\nconcerned with the health and welfare of persons under their\\njurisdiction.\\n 2. Every public welfare official shall also cooperate whenever\\npossible with any private agency whose object is the relief and care of\\npersons in need or the improvement of social conditions in order that\\nthere may be no duplication of relief and that the work of agencies both\\npublic and private may be united in an effort to relieve distress and\\nprevent dependency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "136", "title" : "Protection of public welfare records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "136", "activeDate" : "2014-09-22", "sequenceNo" : 206, "repealedDate" : null, "fromSection" : "136", "toSection" : "136", "text" : " § 136. Protection of public welfare records. 1. The names or\\naddresses of persons applying for or receiving public assistance and\\ncare shall not be included in any published report or printed in any\\nnewspaper or reported at any public meeting except meetings of the\\ncounty board of supervisors, city council, town board or other board or\\nbody authorized and required to appropriate funds for public assistance\\nand care in and for such county, city or town; nor shall such names and\\naddresses and the amount received by or expended for such persons be\\ndisclosed except to the commissioner of social services or his\\nauthorized representative, such county, city or town board or body or\\nits authorized representative, any other body or official required to\\nhave such information properly to discharge its or his duties, or, by\\nauthority of such county, city or town appropriating board or body or of\\nthe social services official of the county, city or town, to a person or\\nagency considered entitled to such information. However, if a bona fide\\nnews disseminating firm or organization makes a written request to the\\nsocial services official or the appropriating board or body of a county,\\ncity or town to allow inspection by an authorized representative of such\\nfirm or organization of the books and records of the disbursements made\\nby such county, city or town for public assistance and care, such\\nrequests shall be granted within five days and such firm or organization\\nshall be considered entitled to the information contained in such books\\nand records, provided such firm or organization shall give assurances in\\nwriting that it will not publicly disclose, or participate or acquiesce\\nin the public disclosure of, the names and addresses of applicants for\\nand recipients of public assistance and care except as expressly\\npermitted by subdivision four. If such firm or organization shall,\\nafter giving such assurance, publicly disclose, or participate or\\nacquiesce in the public disclosure of, the names and addresses of\\napplicants for or recipients of public assistance and care except as\\nexpressly permitted by subdivision four, then such firm or organization\\nshall be deemed to have violated this section and such violation shall\\nconstitute a misdemeanor. As used herein a news disseminating firm or\\norganization shall mean and include: a newspaper; a newspaper service\\nassociation or agency; a magazine; a radio or television station or\\nsystem; a motion picture news agency.\\n 2. All communications and information relating to a person receiving\\npublic assistance or care obtained by any social services official,\\nservice officer, or employee in the course of his or her work shall be\\nconsidered confidential and, except as otherwise provided in this\\nsection, shall be disclosed only to the commissioner, or his or her\\nauthorized representative, the commissioner of labor, or his or her\\nauthorized representative, the commissioner of health, or his or her\\nauthorized representative, the welfare inspector general, or his or her\\nauthorized representative, the county board of supervisors, city\\ncouncil, town board or other board or body authorized and required to\\nappropriate funds for public assistance and care in and for such county,\\ncity or town or its authorized representative or, by authority of the\\ncounty, city or town social services official, to a person or agency\\nconsidered entitled to such information. Nothing herein shall preclude a\\nsocial services official from reporting to an appropriate agency or\\nofficial, including law enforcement agencies or officials, known or\\nsuspected instances of physical or mental injury, sexual abuse or\\nexploitation, sexual contact with a minor or negligent treatment or\\nmaltreatment of a child of which the official becomes aware in the\\nadministration of public assistance and care nor shall it preclude\\ncommunication with the federal immigration and naturalization service\\nregarding the immigration status of any individual.\\n 3. Nothing in this section shall be construed to prevent registration\\nin a central index or social service exchange for the purpose of\\npreventing duplication and of coordinating the work of public and\\nprivate agencies.\\n 4. No person or agency shall solicit, disclose, receive, make use of,\\nor authorize, knowingly permit, participate in, or acquiesce in the use\\nof, any information relating to any applicant for or recipient of public\\nassistance or care for commercial or political purposes. Nothing in\\nthis or the other subdivisions of this section shall be deemed to\\nprohibit bona fide news media from disseminating news, in the ordinary\\ncourse of their lawful business, relating to the identity of persons\\ncharged with the commission of crimes or offenses involving their\\napplication for or receipt of public assistance and care, including the\\nnames and addresses of such applicants or recipients who are charged\\nwith the commission of such crimes or offenses.\\n 5. A social services official shall disclose to a federal, state or\\nlocal law enforcement officer, upon request of the officer, the current\\naddress of any recipient of family assistance, or safety net assistance\\nif the duties of the officer include the location or apprehension of the\\nrecipient and the officer furnishes the social services official with\\nthe name of the recipient and notifies the agency that such recipient is\\nfleeing to avoid prosecution, custody or confinement after conviction,\\nunder the laws of the place from which the recipient is fleeing, for a\\ncrime or an attempt to commit a crime which is a felony under the laws\\nof the place from which the recipient is fleeing, or which, in the case\\nof the state of New Jersey, is a high misdemeanor under the laws of that\\nstate, or is violating a condition of probation or parole imposed under\\na federal or state law or has information that is necessary for the\\nofficer to conduct his or her official duties. In a request for\\ndisclosure pursuant to this subdivision, such law enforcement officer\\nshall endeavor to include identifying information to help ensure that\\nthe social services official discloses only the address of the person\\nsought and not the address of a person with the same or similar name.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "136-A", "title" : "Information from state tax commission and the comptroller", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "136-A", "activeDate" : "2014-09-22", "sequenceNo" : 207, "repealedDate" : null, "fromSection" : "136-A", "toSection" : "136-A", "text" : " § 136-a. Information from state tax commission and the comptroller. 1.\\nSection six hundred ninety-seven or any other provision of the tax law\\nshall in no way be construed to restrict the department from obtaining,\\non behalf of itself or a local social services district, the name,\\naddress, social security number, employment history and number of\\ndependents claimed for any individual certified by the department to be\\na welfare recipient and suspected of abusing, defrauding or otherwise\\nviolating the welfare system.\\n 2. Information furnished to the department by the state tax commission\\nand the comptroller under or as a result of the agreement authorized by\\nsection one hundred seventy-one-c of the tax law shall be considered\\nconfidential and shall not be disclosed to persons or agencies other\\nthan those entitled to such information because such disclosure is\\nnecessary for the proper administration of title six-A of article three\\nand title ten of article five of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "137", "title" : "Exemption from levy and execution", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "137", "activeDate" : "2014-09-22", "sequenceNo" : 208, "repealedDate" : null, "fromSection" : "137", "toSection" : "137", "text" : " § 137. Exemption from levy and execution. All moneys or orders\\ngranted to persons as public assistance or care pursuant to this chapter\\nshall be inalienable by any assignment or transfer and shall be exempt\\nfrom levy and execution under the laws of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "137-A", "title" : "Exemption of earnings of recipients from assignment, income execution and installment payment order", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "137-A", "activeDate" : "2014-09-22", "sequenceNo" : 209, "repealedDate" : null, "fromSection" : "137-A", "toSection" : "137-A", "text" : " § 137-a. Exemption of earnings of recipients from assignment, income\\nexecution and installment payment order. 1. All wages, salary,\\ncommissions or other compensation paid or payable by an employer to a\\nperson while he is in receipt of public assistance or care supplementary\\nto his income pursuant to the provisions of titles three, four, five,\\nsix and ten of article five of this chapter, or while he would otherwise\\nneed such assistance or care, shall be exempt from assignment, income\\nexecution or from an installment payment order under the laws of this\\nstate but only so long as such public assistance or care, shall continue\\nor would be needed if the assignment, income execution or installment\\npayment order were enforced. The claim of the creditor shall in all\\nother respects remain unaffected. Any employer who shall withhold or pay\\nover to a person presenting an income execution installment payment\\norder or assignment, any portion of the earnings of such a recipient of\\npublic assistance or care, after receiving notification in writing from\\na social services official that the employee is receiving public\\nassistance or care, or that he would become in need of public assistance\\nor care if the assignment, income execution or installment payment order\\nwere enforced, shall be liable in an action by such recipient for the\\namount so paid or withheld contrary to the provisions of this section. A\\nsocial services official sending such notification to an employer shall\\nbe required to notify the employer, in writing, of the termination of\\nsuch receipt and need for public assistance and care of the employee\\ninvolved when this shall occur. Upon receipt of such notice of\\ntermination the employer may commence or resume, as the case may be,\\npayment and withholding under any assignment, income execution or\\ninstallment payment order whose effectiveness was postponed or suspended\\nby this section.\\n 2. As used in this section, \"public assistance and care\" shall include\\nfederal supplemental security income benefits paid pursuant to title\\nsixteen of the federal social security act and additional state payments\\npaid pursuant to title six of article five of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "138-A", "title" : "Responsibility of the department for recipients in family care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "138-A", "activeDate" : "2019-12-20", "sequenceNo" : 210, "repealedDate" : null, "fromSection" : "138-A", "toSection" : "138-A", "text" : " § 138-a. Responsibility of the department for recipients in family\\ncare. 1. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the department shall be responsible for furnishing\\npublic assistance and care to mentally disabled persons residing in\\nfamily care homes licensed by the office of mental health or the office\\nfor people with developmental disabilities who are admitted to such\\nfacilities in accordance with regulations of the office which licenses\\nthe facility. However, the department may, at its option, discharge such\\nresponsibility, in whole or in part, through social services districts\\ndesignated to act as agents of the department. While so designated, a\\nsocial services district shall act as agent of the department and shall\\nbe entitled to reimbursement as provided in section one hundred\\nfifty-three of this article.\\n 2. The department shall possess and may exercise like powers and\\nperform like duties in respect to the assistance and care of persons in\\nfamily care as social services officials exercise and perform in\\nrelation to persons in their respective jurisdictions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "139-A", "title" : "Special provisions to avoid abuse of assistance and care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "139-A", "activeDate" : "2014-09-22", "sequenceNo" : 211, "repealedDate" : null, "fromSection" : "139-A", "toSection" : "139-A", "text" : " § 139-a. Special provisions to avoid abuse of assistance and care. 1.\\nAny person who shall apply for safety net assistance or family\\nassistance within one year after arrival in this state, shall be\\npresumed to have come into the state for the purpose of receiving public\\nassistance or care and the social services official where application is\\nmade, shall deny public assistance and care to such applicant unless\\nsuch applicant shall establish by clear and convincing proof that the\\npurpose of his or her entry was not for the purpose of securing public\\nassistance and care in this state. In addition to complying with the\\nforegoing provisions, the applicant shall also submit with his or her\\napplication a certificate from the appropriate local employment office\\nof the state department of labor issued within a two week period from\\nthe date of his or her application stating that such employment office\\nhas no order for an opening in part-time, full-time, temporary or\\npermanent work of any kind to which the applicant could properly be\\nreferred by such office, taking into consideration only his or her\\nphysical and mental capacity without reference to his or her customary\\noccupation or acquired skill.\\n 2. The social services official shall in every case complete his\\ninvestigation and make his determination of the application under this\\nsection not more than thirty days after receipt of the application.\\n 3. (a) The social services districts of Allegany, Broome, Dutchess,\\nNiagara, Onondaga, Oneida, Orange, Oswego, Rensselaer, Rockland,\\nSteuben, and Suffolk shall authorize and implement demonstration\\nprojects for the purposes of determining the cost-effectiveness of\\npreventing multiple enrollment of home relief benefit recipients through\\nthe use of an automated two-digit finger imaging matching identification\\nsystem. The system shall only include home relief benefit recipient\\nfinger imaging upon application for eligibility for such benefits and\\nfinger imaging of home relief recipients currently receiving home relief\\nbenefits.\\n (b) Notwithstanding the provisions of section one hundred thirty-six\\nof this article or any other provision of law, data collected and\\nmaintained through the use of an automated finger imaging matching\\nidentification system as authorized by this subdivision may not be used,\\ndisclosed or redisclosed for any purpose other than the prevention of\\nmultiple enrollments in home relief, may not be used or admitted in any\\ncriminal or civil investigation, prosecution, or proceeding, other than\\na civil proceeding pursuant to section one hundred forty-five-c of this\\narticle, and may not be disclosed in response to a subpoena or other\\ncompulsory legal process or warrant, or upon request or order of any\\nagency, authority, division, office or other private or public entity or\\nperson, except that nothing contained herein shall prohibit disclosure\\nin response to a subpoena issued by or on behalf of the applicant or\\nrecipient who is the subject of the record maintained as a part of such\\nsystem. Any person who knowingly makes or obtains any unauthorized\\ndisclosure of data collected and maintained through the use of an\\nautomated two-digit finger imaging matching identification system shall\\nbe guilty of a class A misdemeanor, and shall be punished in accordance\\nwith the provisions of the penal law.\\n (c) Data collected and maintained on the automated two-digit finger\\nimaging matching identification system shall be subject to those\\nprovisions relating to unauthorized disclosure of confidential client\\ninformation currently subject to part 357 of the commissioner's\\nregulations.\\n (d) Such social services districts shall develop a competitive request\\nfor proposal for an automated two-digit finger imaging matching\\nidentification system, and shall thereafter contract for the services of\\na firm certified by the department as able to design and implement such\\nautomated two-digit finger imaging matching identification system. The\\ndepartment shall oversee the process by which districts select and award\\ncontracts for the demonstration projects. Prior to the implementation of\\nany contracts, the department shall certify that a system exists for\\ndata collection and for destroying and expunging a recipient finger\\nimage upon such recipient ceasing to be a home relief recipient and that\\nthe design of the demonstration project fulfills all the requirements of\\nthis section. The department shall provide such assistance as needed to\\nfacilitate finger image matching among social services districts\\nincluding centralized sharing of data when local matching among social\\nservices districts is not feasible. After award the department shall be\\nresponsible for ensuring that the demonstration projects are carried out\\nin accordance with the requirements of this section, that adequate\\ntraining for local district staff involved with the project will be\\nprovided and taking any actions necessary to bring such programs into\\ncompliance if required. Such contractual arrangement shall ensure that\\nstate payments for the contractor's necessary and legitimate expenses\\nfor the administration of such program are limited to amounts specified\\nin advance and that such amounts shall not exceed the amount\\nappropriated therefor in any fiscal years.\\n (e) Immediate notice of all the provisions of this subdivision shall\\nbe provided to home relief recipients or applicants.\\n (f) Notwithstanding any other provision of law, nothing contained\\nherein shall be deemed to authorize or permit the termination,\\nsuspension, or diminution of home relief benefits except as elsewhere\\nspecifically authorized in this chapter, provided, however, that where\\nthe basis of a proposed sanction is a determination of a fraudulent\\nmultiple enrollment based on the use of an automated finger imaging\\nmatching identification system authorized pursuant to this section, no\\nsuch sanction shall be imposed pending a hearing conducted pursuant to\\nsection twenty-two of this chapter within forty-five days of the\\nnotification of the applicant or recipient of the alleged fraudulent\\nmultiple enrollment, or pending a final determination of a request by an\\napplicant or a recipient for correction or amendment of a record\\npursuant to section ninety-five of the public officers law, and no such\\nsanction shall be imposed unless the local social services district has\\nverified the results of the automated finger imaging matching\\nidentification system by means of a manual match conducted by a person\\nwho is qualified to perform such identifications.\\n (g) The department shall conduct periodic audits to monitor compliance\\nwith all laws and regulations regarding the automated finger imaging\\nmatching system to insure that any records maintained as part of such\\nsystem are accurate and complete, that no illegal disclosures of such\\nrecords have taken place, that effective software and hardware designs\\nhave been instituted with security features to prevent unauthorized\\naccess to such records, that access to record information system\\nfacilities, systems operating environments, data file contents whether\\nwhile in use or when stored in a media library is restricted to\\nauthorized personnel only, that operation programs are used that will\\nprohibit inquiry, record updates, or destruction of records, from any\\nterminal other than automated finger imaging matching system terminals\\nwhich are so designated, that operational programs are used to detect\\nand store for the output of designated department employees all\\nunauthorized attempts to penetrate any automated finger imaging matching\\nsystem, program or file, that adequate and timely procedures exist to\\ninsure that the recipient or applicant's right to access and review of\\nrecords for the purpose of accuracy and completeness, including\\nprocedures for review of information maintained about such individuals\\nand for administrative review (including procedures for administrative\\nappeal) and necessary correction of any claim by the individual to whom\\nthe information relates that the information is inaccurate or\\nincomplete.\\n (h) The department shall report to the speaker of the assembly and the\\ntemporary president of the senate on the operation of the demonstration\\nproject by March first, nineteen hundred ninety-six. This report shall\\ninclude analysis of the cost-effectiveness of such project, and shall\\ninclude information concerning instances of multiple enrollment detected\\nthrough use of this system, and shall include a detailed summary of the\\nresults of audits required by paragraph (g) of this subdivision. The\\nreport shall include recommendations regarding whether the program\\nshould be discontinued, expanded, or otherwise modified.\\n (i) The department of social services shall contract with an\\nindependent academic or research organization (the \"contractor\")\\nexperienced in evaluating public assistance programs for a comprehensive\\nevaluation of the automated finger imaging matching identification\\nsystem authorized in this section. The results of such evaluation shall\\nbe set forth in a report which shall include, but not be limited to the\\nfollowing:\\n (1) a description of the demonstration project, its implementation\\nschedule and the problems encountered in implementation;\\n (2) investigations of each instance where a recipient does not respond\\nto a notice informing the recipient of the need to submit to finger\\nimaging. Such investigation shall determine, to the extent possible, why\\nthe recipient did not respond and whether such failure to respond was\\ndue to the recipient: (a) becoming eligible for federal supplemental\\nsecurity income benefits, if any; (b) no longer being eligible because\\nof earned income, if any; (c) no longer being a resident of the county,\\nif any; or (d) failing to respond because of other reasons;\\n (3) an evaluation of historical caseload trends, both statewide and in\\nthe demonstration counties, including a study of monthly records for the\\ntwo years prior to the demonstration, and also including the closing of\\ncases at recertification. Analysis of such monthly records shall be\\nconducted as part of the basis of estimating benefits under the\\ndemonstration;\\n (4) an analysis of the procedures used to verify suspicions of fraud\\nincluding follow-up of identified cases of fraud, if any;\\n (5) aggregate totals of false matches, if any, found by the system,\\nthe methods used to correct such errors and an accounting of the\\nduplicate applications for benefits, if any, that are detected by the\\nsystem; and\\n (6) an estimate of the savings, if any, resulting from the\\nimplementation of finger imaging, and an estimate of the actual costs of\\nthe system including, but not limited to equipment costs, the costs of\\nlinking terminals, site preparation and the costs of any additional\\nstaff required to operate the system.\\n (j) Not later than February first, nineteen hundred ninety-six, the\\ncontractor shall submit the report required by paragraph (i) of\\nsubdivision three of this section to the governor, the majority leader\\nof the senate and the speaker of the assembly and to the commissioner of\\nthe department of social services.\\n (k) The local social service districts establishing an automated\\nfinger imaging matching identification system pursuant to this\\nsubdivision shall be deemed an agency as defined in subdivision one of\\nsection ninety-two of the public officers law, and data collected and\\nmaintained in such automated system shall be deemed records and systems\\nof records as defined in subdivisions nine and eleven of such section of\\nsuch law. Except as otherwise specifically provided in this section, the\\nprovisions of article six-a of such law, known as the \"personal privacy\\nprotection law\" shall apply to the records and systems of records\\ncollected and maintained by such local social service districts pursuant\\nto this section.\\n (l) Expenditures made by social services districts, and determined\\ncost effective by the department, including those expenditures necessary\\nfor contracts planned or executed on or before the effective date of\\nthis section, for the design, development, implementation and\\nadministrative costs of the automated finger imaging matching\\nidentification system shall be subject to one hundred percent state\\nreimbursement.\\n (m) The automated finger imaging matching identification system shall\\nbe established in the selected districts not later than October first,\\nnineteen hundred ninety-four, and such demonstration projects shall\\nexpire upon the enactment of a chapter of the laws of nineteen hundred\\nninety-five providing for an automated fraud prevention system based on\\npersonally unique identification factors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "141", "title" : "Burial of the dead", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "141", "activeDate" : "2014-09-22", "sequenceNo" : 212, "repealedDate" : null, "fromSection" : "141", "toSection" : "141", "text" : " § 141. Burial of the dead. 1. (a) If a recipient of public assistance\\nor care or other person dies leaving no funds or insurance sufficient to\\npay the expense of his burial, the relatives who survive him who were or\\nwould have been responsible for his support, pursuant to section one\\nhundred one of this chapter, shall be responsible for such expense to\\nthe extent that they are able to pay the same in whole or in part; and\\nthe public welfare official paying such expense or any part thereof may\\nrecover all or part of the amounts expended by him from such relatives,\\nwho shall be severally and jointly liable therefor in accordance with\\ntheir respective abilities.\\n (b) Except as otherwise provided the public welfare district, town or\\ncity which was or would have been responsible for furnishing public\\nassistance or care to the person while alive shall provide for the care,\\nremoval and burial of the body of a recipient of public assistance or\\ncare who shall die, or of a person found dead in the public welfare\\ndistrict.\\n 2. If, when such provision is made by a public welfare district, town\\nor city, the deceased leave no funds or insurance sufficient to pay the\\nexpense of his burial and there are no known relatives, friends or\\npersonal representatives liable or willing to become responsible for\\nsuch expense, the expense of such burial shall be a charge on such\\npublic welfare district, town or city but the public welfare official\\nthereof may recover the same in whole or in part from the relatives of\\nthe deceased liable therefor.\\n 3. (a) When burial arrangements for a recipient of public assistance\\nor care are made by relatives or friends of the deceased and the expense\\nof such burial does not exceed the amount fixed by the appropriate\\npublic welfare official or the local appropriating body for similar\\nburials in similar circumstances, such public welfare official may:\\n (1) if such relatives or friends were required to pay the expense of\\nsuch burial in order to arrange the same, wholly or partly reimburse\\nthem, from assets transferred or assigned to such social services\\nofficial by or on behalf of the deceased recipient; but he shall not\\nreimburse a legally responsible relative of the deceased for any part of\\nthe amount paid by him which in the judgment of such social services\\nofficial such relative is able to bear; nor shall such official expend\\nfrom such assets for such purpose more than is permitted by or pursuant\\nto this section, other provisions of this chapter and regulations of the\\ndepartment.\\n (2) pay part of the expense of such burial, if, and to the extent and\\nunder the circumstances, permitted by his local policy, which shall not\\nbe inconsistent with this chapter, and the regulations of the\\ndepartment; but in no case shall such social services official pay more\\nthan the balance remaining to be paid after the total of the amounts\\npaid or to be paid by all other sources, including payments made or to\\nbe made by such legally responsible relatives of the deceased as are in\\nthe judgment of such official able to bear the same, is credited to and\\ndeducted from such expense.\\n (b) In no case shall a public welfare official expend, pursuant to the\\nprovisions of this section or any other provision of this chapter, for\\nthe burial of a recipient of public assistance or care, from assets\\ntransferred or assigned to him by or on behalf of such recipient, an\\namount which shall be in excess of five hundred dollars.\\n 4. For purposes of this section, the term \"recipient of public\\nassistance and care\" shall include persons receiving federal\\nsupplemental security income benefits pursuant to title sixteen of the\\nfederal social security act and/or additional state payments pursuant to\\ntitle six of article five of this chapter.\\n 5. Expenditures for burial made by social services districts, cities\\nand towns pursuant to the provisions of this chapter shall, if approved\\nby the department, be subject to reimbursement by the state, in\\naccordance with the regulations of the department to the extent of one\\nhundred per centum thereof in the case of needy Native Americans and\\nmembers of their families residing on a reservation within the state and\\nfifty per centum in all other cases, and such reimbursement shall be\\nclaimed and paid in accordance with the procedure prescribed by and\\npursuant to section one hundred fifty-three. However, only so much of\\nsuch an expenditure as does not exceed two hundred fifty dollars for\\nexpenditures made prior to October first, nineteen hundred eighty-six,\\nfour hundred dollars for expenditures made on and after October first,\\nnineteen hundred eighty-six and prior to April first, nineteen hundred\\neighty-seven and nine hundred dollars for expenditures made on and after\\nApril first, nineteen hundred eighty-seven shall be subject to\\nreimbursement by the state.\\n 6. If an applicant for or a recipient of public assistance or care or\\nof medical assistance under section two hundred nine or three hundred\\nsixty-six of this chapter establishes an irrevocable trust for the\\npayment of his or her funeral expenses, or those of a family member,\\nunder section four hundred fifty-three of the general business law, any\\nfunds remaining in such trust after the payment of all funeral expenses\\nmust be paid over to the social services official responsible for\\narranging for burials under this section in the local government\\nsubdivision where the decedent resided.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "142", "title" : "Exclusiveness of eligibility requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "142", "activeDate" : "2014-09-22", "sequenceNo" : 213, "repealedDate" : null, "fromSection" : "142", "toSection" : "142", "text" : " § 142. Exclusiveness of eligibility requirements. No person receiving\\nfederal supplemental security income payments and/or additional state\\npayments, or family assistance shall for the same period receive any\\nother of such forms of assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "142-A", "title" : "Federal economic opportunity act grants or payments; effect on eligibility for certain public assistance or care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "142-A", "activeDate" : "2014-09-22", "sequenceNo" : 214, "repealedDate" : null, "fromSection" : "142-A", "toSection" : "142-A", "text" : " § 142-a. Federal economic opportunity act grants or payments; effect\\non eligibility for certain public assistance or care.\\n Any inconsistent provisions of titles ten and eleven of article five,\\nother provisions of this chapter, or of any other law notwithstanding,\\nin determining the need for public assistance or care under such titles:\\n 1. Any grant made to a family under title III of the federal economic\\nopportunity act of nineteen hundred sixty-four shall not be regarded as\\nincome or resources of such family in determining the need of any member\\nthereof for such public assistance or care.\\n 2. The first eighty-five dollars plus one-half of the excess over\\neighty-five dollars of payments made to or on behalf of any person for\\nor with respect to any month under title I or II of the federal economic\\nopportunity act of nineteen hundred sixty-four or any program assisted\\nunder such title shall not be regarded as income or resources of such\\nperson in determining his need for such public assistance or care, or as\\nincome or resources of any other individual in determining such other\\nindividual's need for such public assistance or care; but any amount\\nmade available to or for the benefit of such other individual from the\\nexcess of the amounts exempted hereby may be considered in determining\\nthe eligibility of such other individual for such public assistance or\\ncare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "142-B", "title" : "Federal manpower development training act and elementary and secondary education act grants or payments; effect on eligibility for certai...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "142-B", "activeDate" : "2014-09-22", "sequenceNo" : 215, "repealedDate" : null, "fromSection" : "142-B", "toSection" : "142-B", "text" : " § 142-b. Federal manpower development training act and elementary and\\nsecondary education act grants or payments; effect on eligibility for\\ncertain public assistance or care. So long as the applicable provisions\\nof the federal manpower development and training act, as amended, or of\\nthe elementary and secondary education act as amended, may require:\\n 1. any inconsistent provision of title ten of article five, other\\nprovisions of this chapter, or of any other law notwithstanding, in\\ndetermining the need for public assistance or care under such title, any\\npayments made under the manpower development and training act, as\\namended, which are made in lieu of a training allowance to defray\\nexpenses attributable to training and/or as a training incentive\\npayment, shall not be regarded as income or resources of the person in\\ndetermining his need for such public assistance or care, or as income or\\nresources of any other person in determining such other person's need\\nfor such public assistance or care; and/or\\n 2. any inconsistent provisions of title ten of article five, other\\nprovisions of this chapter, or of any other law notwithstanding, in\\ndetermining the need for public assistance or care under such title, the\\nfirst eighty-five dollars per month, during a period of not less than\\ntwelve nor more than twenty-four months as may be prescribed by\\nregulations of the department, earned by any person for services\\nrendered to any program assisted under title I of the elementary and\\nsecondary education act of nineteen hundred sixty-five, as amended,\\nshall not be regarded as income or resources of such person in\\ndetermining his need for public assistance or care under such title ten\\nof article five of this chapter, or as income or resources of any other\\nperson in determining such other person's need for such public\\nassistance or care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "143", "title" : "Information to be given by employers of labor to social services officials, the department, family court and the state department of ment...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "143", "activeDate" : "2014-09-22", "sequenceNo" : 216, "repealedDate" : null, "fromSection" : "143", "toSection" : "143", "text" : " § 143. Information to be given by employers of labor to social\\nservices officials, the department, family court and the state\\ndepartment of mental hygiene. If requested by an authorized\\nrepresentative of the state department of mental hygiene or of the\\ndepartment or by any social services official, the officials or\\nexecutives of any corporation or partnership, and all employers of labor\\nof any kind, doing business within the state of New York, shall furnish\\nto such representative or social services official information relating\\nto facts of which such officials, executives or employers shall have\\ncognizance, concerning the last known address, social security number,\\nplans providing care or other medical benefits by insurance or\\notherwise, wages, salaries, earnings or other income of any applicant\\nfor, or recipient of public assistance or care named in such request or\\nof any relative legally responsible for the support of such applicant\\nfor, or recipient of public assistance or care, or of any person legally\\nresponsible for a person who is receiving services pursuant to section\\none hundred eleven-g of this chapter, or for the support of any patient\\nof any state institution named by such representative of the state\\ndepartment of mental hygiene.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "143-A", "title" : "Information to be given to public welfare officials by retail instalment sellers, small loan companies and sales finance companies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "143-A", "activeDate" : "2014-09-22", "sequenceNo" : 217, "repealedDate" : null, "fromSection" : "143-A", "toSection" : "143-A", "text" : " § 143-a. Information to be given to public welfare officials by retail\\ninstalment sellers, small loan companies and sales finance companies.\\nIf requested by an authorized representative of the department or by an\\nauthority charged with the duty of administering laws relating to public\\nassistance or care in any village, town, city or county, the officials\\nor executives of any corporation or partnership and all persons engaged\\nin selling goods or furnishing services to retail buyers for a time sale\\nprice payable in instalments, or in making personal loans whether as a\\nlicensed lender under the banking law or otherwise, and any sales\\nfinance company as defined in article ten of the banking law, shall\\nfurnish to such representatives or authority such information of which\\nsuch officials, executives or persons shall have cognizance relating to\\ntransactions with a recipient of or an applicant for public assistance\\nor care named in such request. Such facts shall include a description\\nof the goods or services sold and the amount of the obligation incurred\\ntherefor, the amount of any loan made, the amounts paid and the balance\\nowing, the place of employment, the wages, salaries, earnings or other\\nincome, guarantors or co-signers, and all other information furnished by\\nthe persons named for the purpose of obtaining credit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "143-B", "title" : "Avoidance of abuses in connection with rent checks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "143-B", "activeDate" : "2014-09-22", "sequenceNo" : 218, "repealedDate" : null, "fromSection" : "143-B", "toSection" : "143-B", "text" : " § 143-b. Avoidance of abuses in connection with rent checks. 1.\\nWhenever a recipient of public assistance and care is eligible for or\\nentitled to receive aid or assistance in the form of a payment for or\\ntoward the rental of any housing accommodations occupied by such\\nrecipient or his family, such payment may be made directly by the public\\nwelfare department to the landlord.\\n 2. Every public welfare official shall have power to and may withhold\\nthe payment of any such rent in any case where he has knowledge that\\nthere exists or there is outstanding any violation of law in respect to\\nthe building containing the housing accommodations occupied by the\\nperson entitled to such assistance which is dangerous, hazardous or\\ndetrimental to life or health. A report of each such violation shall be\\nmade to the appropriate public welfare department by the appropriate\\ndepartment or agency having jurisdiction over violations.\\n 3. Every public welfare official shall have the power to initiate or\\nto request the recipient to initiate before the appropriate housing rent\\ncommission any proper proceeding for the reduction of maximum rents\\napplicable to any housing accommodation occupied by a person entitled to\\nassistance in the form of a rent payment whenever such official has\\nknowledge that essential services which such person is entitled to\\nreceive are not being maintained by the landlord or have been\\nsubstantially reduced by the landlord.\\n 4. The public welfare department may obtain and maintain current\\nrecords of violations in buildings where welfare recipients reside which\\nrelate to conditions which are dangerous, hazardous or detrimental to\\nlife or health.\\n 5. (a) It shall be a valid defense in any action or summary proceeding\\nagainst a welfare recipient for non-payment of rent to show existing\\nviolations in the building wherein such welfare recipient resides which\\nrelate to conditions which are dangerous, hazardous or detrimental to\\nlife or health as the basis for non-payment.\\n (b) In any such action or proceeding the plaintiff or landlord shall\\nnot be entitled to an order or judgment awarding him possession of the\\npremises or providing for removal of the tenant, or to a money judgment\\nagainst the tenant, on the basis of non-payment of rent for any period\\nduring which there was outstanding any violation of law relating to\\ndangerous or hazardous conditions or conditions detrimental to life or\\nhealth. For the purposes of this paragraph such violation of law shall\\nbe deemed to have been removed and no longer outstanding upon the date\\nwhen the condition constituting a violation was actually corrected, such\\ndate to be determined by the court upon satisfactory proof submitted by\\nthe plaintiff or landlord.\\n (c) The defenses provided herein in relation to an action or\\nproceeding against a welfare recipient for non-payment of rent shall\\napply only with respect to violations reported to the appropriate public\\nwelfare department by the appropriate department or agency having\\njurisdiction over violations.\\n 6. Nothing in this section shall prevent the public welfare department\\nfrom making provision for payment of the rent which was withheld\\npursuant to this section upon proof satisfactory to it that the\\ncondition constituting a violation was actually corrected. Where rents\\nwere reduced by order of the appropriate rent commission, the public\\nwelfare department may make provision for payment of the reduced rent in\\nconformity with such order.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "143-C", "title" : "Avoidance of abuses in connection with rent security deposits", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "143-C", "activeDate" : "2014-09-22", "sequenceNo" : 219, "repealedDate" : null, "fromSection" : "143-C", "toSection" : "143-C", "text" : " § 143-c. Avoidance of abuses in connection with rent security\\ndeposits. 1. Whenever a landlord requires that he be secured against\\nnon-payment of rent or for damages as a condition to renting a housing\\naccommodation to a recipient of public assistance, a local social\\nservices official may in accordance with the regulations of the\\ndepartment secure the landlord by either of the following means at the\\noption of the local social services official:\\n (a) By means of an appropriate agreement between the landlord and the\\nsocial services official, or\\n (b) By depositing money in an escrow account, not under the control of\\nthe landlord or his agent, subject to the terms and conditions of an\\nagreement between the landlord and the social services official in such\\nform as the department may require or approve provided, however, that\\nthis option shall not be used in instances where recipients reside in\\npublic housing.\\n 2. Except as expressly provided in subdivision three of this section,\\nit shall be against the public policy of the state for a social services\\nofficial to pay money to a landlord to be held as a security deposit\\nagainst the non-payment of rent or for damages by a public assistance\\nrecipient, or to issue a grant to a recipient of public assistance\\ntherefor.\\n 3. When, however, in the judgment of a social services official\\nhousing accommodations available in a particular area are insufficient\\nto properly accommodate recipients of public assistance in need of\\nhousing, and in order to secure such housing it is essential that he pay\\nmoney to landlords to be held as security deposits against the\\nnon-payment of rent or for damages by public assistance recipients, or\\nto issue grants to recipients of public assistance therefor, such social\\nservices official may pay or furnish funds for such security deposits\\nuntil sufficient housing accommodations are available in the particular\\narea to properly accommodate recipients of public assistance in need of\\nhousing. Social services officials shall not pay or furnish such funds\\nin instances where recipients reside in public housing. Landlords\\nreceiving such security deposits shall comply with the provisions of\\narticle seven of the general obligations law. Such cash security\\ndeposits shall be subject to assignment to the local social services\\nofficial by the recipients of public assistance or care. Any social\\nservices official paying or furnishing funds for security deposits in\\naccordance with the provisions of this subdivision shall make diligent\\neffort to recover such payments or funds from a recipient landlord as\\nallowed by law.\\n 4. This section shall apply to federally-aided categories of public\\nassistance except to the extent prohibited by applicable federal laws\\nand regulations.\\n 5. This section shall apply to recipients of supplemental security\\nincome benefits or additional state payments, as defined in section\\nthree hundred of this chapter, and such persons shall be deemed\\nrecipients of public assistance for the purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "144", "title" : "Power of public welfare officials and service officers to administer oaths; power of public welfare officials to subpoena persons liable ...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "144", "activeDate" : "2014-09-22", "sequenceNo" : 220, "repealedDate" : null, "fromSection" : "144", "toSection" : "144", "text" : " § 144. Power of public welfare officials and service officers to\\nadminister oaths; power of public welfare officials to subpoena persons\\nliable for support and compel production of records. Public welfare\\nofficials and service officers shall have power to administer oaths and\\ntake affidavits in all matters pertaining to their office and to elicit,\\nby examination under oath, statement of facts from applicants for or\\nrecipients of assistance or care. Public welfare officials shall have\\nfurther power to subpoena persons liable by law for the support of\\napplicants for or recipients of assistance or care, compel the\\nattendance of such persons and take their testimony under oath for the\\npurpose of determining the ability of such persons to contribute towards\\nthe support of such applicants for or recipients of assistance or care,\\nand in connection therewith to compel the production of books, papers,\\nrecords and documents. Such persons shall be entitled to the same\\nmileage fees as are allowed to witnesses required to attend in civil\\nactions in courts of record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "144-A", "title" : "Information to be given to officials of the department and of social services districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "144-A", "activeDate" : "2014-09-22", "sequenceNo" : 221, "repealedDate" : null, "fromSection" : "144-A", "toSection" : "144-A", "text" : " § 144-a. Information to be given to officials of the department and of\\nsocial services districts. Any inconsistent provision of law\\nnotwithstanding, if requested by an authorized representative of the\\ndepartment or by an official of any town, city or county who is\\nresponsible for administering a program authorized by this chapter, the\\nofficials of any banking or financial organization or institution doing\\nbusiness in the state whether chartered under state law, federal law, or\\nthe laws of another jurisdiction, shall furnish to such governmental\\nofficials such information as such officials have as to whether any\\npresent applicant for or recipient of any assistance, care or services\\nauthorized by this chapter, has or had funds, securities or other\\nproperty on deposit or in the custody of such banking or financial\\norganization or institution, and the amount or probable value thereof.\\nSuch information shall be provided, to the extent practicable, in the\\nformat specified by such governmental officials (except that any banking\\nor financial institution may discharge its obligation by supplying such\\nmatching information on cartridge, tape or diskette media in the\\nAmerican National Standard Code for Information Interchange file\\nformat). These provisions shall be inclusive of and in addition to the\\nprovisions of section four of the banking law and may be administered\\nand enforced in any manner consistent with the provisions of this\\nchapter or in any other manner authorized or permitted by the laws and\\ncourts of this state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "145", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "145", "activeDate" : "2014-09-22", "sequenceNo" : 222, "repealedDate" : null, "fromSection" : "145", "toSection" : "145", "text" : " § 145. Penalties. 1. Any person who by means of a false statement or\\nrepresentation, or by deliberate concealment of any material fact, or by\\nimpersonation or other fraudulent device, obtains or attempts to obtain,\\nor aids or abets any person to obtain public assistance or care to which\\nhe is not entitled, or does any wilful act designed to interfere with\\nthe proper administration of public assistance and care, shall be guilty\\nof a misdemeanor, unless such act constitutes a violation of a provision\\nof the penal law of the state of New York, in which case he shall be\\npunished in accordance with the penalties fixed by such law. Failure on\\nthe part of a person receiving public assistance or care to notify the\\nsocial services official granting such assistance or care of the receipt\\nof money or property or income from employment or any other source\\nwhatsoever, shall, upon the cashing of a public assistance check by or\\non behalf of such person after the receipt of such money, or property,\\nor income, constitute presumptive evidence of deliberate concealment of\\na material fact. Whenever a social services official has reason to\\nbelieve that any person has violated any provision of this section, he\\nshall promptly refer the facts and evidence available to him to the\\nappropriate district attorney or other prosecuting official, who shall\\nimmediately evalaute the facts and evidence and take appropriate action.\\n 2. The provisions of subdivision one of this section shall apply to\\nsocial services officials and employees, who shall also be subject to\\nremoval and shall be liable in an action brought by the county or city,\\nor by the state commissioner of social services, for the value of the\\npublic assistance improperly granted to any person as a result of the\\nwilful wrongful act of such official or employee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "145-A", "title" : "Judgment liens", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "145-A", "activeDate" : "2014-09-22", "sequenceNo" : 223, "repealedDate" : null, "fromSection" : "145-A", "toSection" : "145-A", "text" : " § 145-a. Judgment liens. 1. If any provider of care, services or\\nsupplies under the medical assistance program is required to pay any\\nfine, penalty or overpayment to the department, a social services\\ndistrict or any other social services entity as a result of the\\nprovisions of this chapter or as a result of any administrative\\nprocedure, such provider shall make payment in the amount and the manner\\ndirected by the commissioner or his or her agents, representatives or\\ndesignees.\\n 2. Upon the issuance to the provider of a written notice of a final\\ndetermination, the department must also notify the provider in writing\\nof the provider's right to request a hearing. The provider's right to\\nrequest a hearing shall not expire earlier than sixty days from the\\nmailing of such notice of the provider's right to a hearing. If no\\nadministrative hearing or proceeding for judicial review shall then be\\npending and if the time for initiation of such hearing or proceeding\\nshall have expired, the commissioner or his or her agents,\\nrepresentatives or designees may file with the clerk of the county where\\nthe provider resides or has a place of business a certified copy of the\\nfinal administrative determination of the commissioner or his or her\\nagents, whether in the form of a written final audit report or other\\nfinal determination that such provider has engaged in unacceptable\\npractices or has received payment to which such provider is not\\nentitled, containing the amount found to be due. The filing of such\\nfinal administrative determination shall have the full force and effect\\nof a judgment duly docketed in the office of such clerk. The final\\nadministrative determination may be enforced by and in the name of the\\ncommissioner in the same manner, and with like effect, as that\\nprescribed by the civil practice law and rules for the enforcement of a\\nmoney judgment. Such final administrative determination shall not be\\nfiled until at least sixty days after the department has posted by\\nordinary mail to the provider at the address of such provider on file\\nwith the department a copy of the final administrative determination\\nwhich shall contain notice of the amount found to be due and owing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "145-B", "title" : "False statements; actions for treble damages", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2022-04-22" ], "docLevelId" : "145-B", "activeDate" : "2022-04-22", "sequenceNo" : 224, "repealedDate" : null, "fromSection" : "145-B", "toSection" : "145-B", "text" : " § 145-b. False statements; actions for treble damages. 1. (a) It shall\\nbe unlawful for any person, firm or corporation knowingly by means of a\\nfalse statement or representation, or by deliberate concealment of any\\nmaterial fact, or other fraudulent scheme or device, on behalf of\\nhimself or others, to attempt to obtain or to obtain payment from public\\nfunds for services or supplies furnished or purportedly furnished\\npursuant to this chapter.\\n (b) For purposes of this section, \"statement or representation\"\\nincludes, but is not limited to: a claim for payment made to the state,\\na political subdivision of the state, or an entity performing services\\nunder contract to the state or a political subdivision of the state; an\\nacknowledgment, certification, claim, ratification or report of data\\nwhich serves as the basis for a claim or a rate of payment, financial\\ninformation whether in a cost report or otherwise, health care services\\navailable or rendered, and the qualifications of a person that is or has\\nrendered health care services.\\n (c) For purposes of this section, a person, firm or corporation has\\nattempted to obtain or has obtained public funds when any portion of the\\nfunds from which payment was attempted or obtained are public funds, or\\nany public funds are used to reimburse or make prospective payment to an\\nentity from which payment was attempted or obtained.\\n 2. For any violation of subdivision one, the local social services\\ndistrict or the state shall have a right to recover civil damages equal\\nto three times the amount by which any figure is falsely overstated or\\nin the case of non-monetary false statements or representations, three\\ntimes the amount of damages which the state, political subdivision of\\nthe state, or entity performing services under contract to the state or\\npolitical subdivision of the state sustain as a result of the violation\\nor five thousand dollars, whichever is greater. Notwithstanding part C\\nof chapter fifty-eight of the laws of two thousand five: (a) For civil\\ndamages collected by a local social services district, relating to the\\nmedical assistance program, pursuant to a judgment under this\\nsubdivision, such amounts shall be apportioned between the local social\\nservices district and the state. If the violation occurred: (i) prior to\\nJanuary first, two thousand six, the amount apportioned to the local\\nsocial services district shall be the local share percentage in effect\\nimmediately prior to such date as certified by the division of budget,\\nor (ii) after January first, two thousand six, the amount apportioned to\\nthe local social services district shall be based on a reimbursement\\nschedule, created by the office of Medicaid inspector general, in effect\\nat the time the violation occurred; provided that, if there is no\\nschedule in effect at the time the violation occurred, the schedule to\\nbe used shall be the first schedule adopted pursuant to this\\nsubdivision. Such schedule shall provide for reimbursement to a local\\nsocial services district in an amount between ten and fifteen percent of\\nthe gross amount collected. Such schedule shall be set on a county by\\ncounty basis and shall be periodically reviewed and updated as\\nnecessary; provided, however, that any such updated schedule shall not\\nbe less than ten percent nor greater than fifteen percent of the gross\\namount collected; and (b) For civil damages collected by the state\\nrelating to the medical assistance program pursuant to a judgment under\\nthis subdivision, the local social services district shall be entitled\\nto compensation up to fifteen percent of the gross amount collected for\\nsuch participation, including but not limited to identification,\\ninvestigation or development of a case, commensurate with its level of\\neffort or value added as determined by the Medicaid inspector general.\\n 3. If any provider or supplier of services in the program of medical\\nassistance is required to refund or repay all or part of any payment\\nreceived by said provider or supplier under the provisions of this\\nchapter and title XIX of the federal social security act, said refund or\\nrepayment shall bear interest from the date the payment was made to said\\nprovider or supplier to the date of said refund or repayment. Interest\\nshall be at the maximum legal rate in effect on the date the payment was\\nmade to said provider or supplier.\\n 4. (a) The Medicaid inspector general, in consultation with the\\ndepartment of health, may require the payment of a monetary penalty as\\nrestitution to the medical assistance program by any person who fails to\\ncomply with the standards of the medical assistance program or standards\\nof generally accepted medical practice in a substantial number of cases\\nor grossly and flagrantly violated such standards and:\\n (i) receives, or causes to be received by another person, payment from\\nthe medical assistance program when such person knew, or had reason to\\nknow, that:\\n (A) the payment involved the providing or ordering of care, services\\nor supplies that were medically improper, unnecessary or in excess of\\nthe documented medical needs of the person to whom they were furnished;\\n (B) the care, services or supplies were not provided as claimed;\\n (C) the person who ordered, prescribed, or furnished the care,\\nservices or supplies which were medically improper, unnecessary or in\\nexcess of the documented medical need of the person to whom they were\\nfurnished was suspended or excluded from the medical assistance program\\nat the time the care, services or supplies were furnished; or\\n (D) the services or supplies for which payment was received were not,\\nin fact, provided; or\\n (ii) such person fails to grant timely access to facilities and\\nrecords, upon reasonable notice, to the Medicaid inspector general, the\\nMedicaid fraud control unit of the attorney general's office, or the\\ndepartment of health for the purpose of audits, investigations, reviews,\\nor other statutory functions. For purposes of this subparagraph,\\n\"reasonable notice\" means a written request made by a properly\\nidentified agent of the Medicaid inspector general, the Medicaid fraud\\ncontrol unit of the attorney general's office, or the department of\\nhealth either, during hours that the individual or entity is open for\\nbusiness, or mailed to the individual or entity to an address on file\\nwith the department of health or last known address. The request shall\\ninclude a statement of the authority for the request, the definition of\\n\"reasonable notice\", and the penalties for failure to comply;\\n (iii) such person knew or should have known that an overpayment has\\nbeen identified and does not report, return and explain the overpayment\\nin accordance with subdivision six of section three hundred\\nsixty-three-d of this article;\\n (iv) such person arranges or contracts, by employment, agreement, or\\notherwise, with an individual or entity that the person knows or should\\nknow is suspended or excluded from the medical assistance program at the\\ntime such arrangement or contract regarding activities related to the\\nmedical assistance program is made;\\n (v) such person had an obligation to identify, claim, and pay a bonus\\nunder subdivision three of section three hundred sixty-seven-w of this\\narticle and such person failed to identify, claim and pay such bonus.\\n (vi) For purposes of this paragraph, \"person\" as used in subparagraph\\n(i) of this paragraph does not include recipients of the medical\\nassistance program; and \"person\" as used in subparagraphs (ii), (iii)\\nand (iv) of this paragraph, is as defined in paragraph (e) of\\nsubdivision six of section three hundred sixty-three-d of this article;\\nand \"person\" as used in subparagraph (v) of this paragraph includes\\nemployers as defined in section three hundred sixty-seven-w of this\\narticle.\\n (b) In determining the amount of any monetary penalty to be imposed,\\nthe Medicaid inspector general, in consultation with the department of\\nhealth, shall take into consideration the following:\\n (i) the number and total value of the claims for payment from the\\nmedical assistance program which were the underlying basis of the\\ndetermination to impose a monetary penalty;\\n (ii) the effect, if any, on the quality of medical care provided to\\nrecipients of medical assistance as a result of the acts of the person;\\n (iii) the degree of culpability of the person in committing the\\nproscribed actions and any mitigating circumstances;\\n (iv) any prior violations committed by the person relating to the\\nmedical assistance program, Medicare or other social services programs\\nwhich resulted in either a criminal or administrative sanction, penalty,\\nor recoupment; and\\n (v) any other facts relating to the nature and seriousness of the\\nviolations including any exculpatory facts.\\n (c) (i) For subparagraphs (i), (iii), and (iv) of paragraph (a) of\\nthis subdivision, in no event shall the monetary penalty imposed exceed\\nten thousand dollars for each item or service which was the subject of\\nthe determination herein, except that where a penalty under this section\\nhas been imposed on a person within the previous five years, such\\npenalty shall not exceed thirty thousand dollars for each item or\\nservice which was the subject of the determination herein.\\n (ii) For subparagraph (ii) of paragraph (a) of this subdivision, in no\\nevent shall the monetary penalty exceed fifteen thousand dollars for\\neach day of the failure described in such subparagraph.\\n (iii) For subparagraph (v) of paragraph (a) of this subdivision, a\\nmonetary penalty shall be imposed for conduct described in subparagraphs\\n(i), (ii) and (iii) of paragraph (a) of subdivision five of section\\nthree hundred sixty-seven-w of this article and shall not exceed one\\nthousand dollars per failure to identify, claim and pay a bonus for each\\nemployee.\\n (d) Amounts collected pursuant to this subdivision shall be\\napportioned between the local social services district and the state in\\naccordance with the regulations of the department of health.\\n (e) For the purposes of this subdivision, \"gross and flagrant\\nviolation\" shall mean conduct which has an adverse effect on the fiscal\\nintegrity of the medical assistance program and:\\n (i) which substantially impairs the delivery of high quality medical\\ncare, services, or supplies; or\\n (ii) which substantially impairs the oversight and administration of\\nthe program.\\n (f) A person against whom a monetary penalty is imposed pursuant to\\nthis subdivision shall be entitled to notice and an opportunity to be\\nheard, including the right to request a hearing pursuant to section\\ntwenty-two of this chapter.\\n 5. When in the course of conducting an investigation relating to the\\ninvestigation relating to the medical assistance program, a local social\\nservices district deduces that a provider may have committed criminal\\nfraud, it shall refer the case to the office of Medicaid inspector\\ngeneral along with appropriate supporting information. The office shall\\npromptly review the case and, if deemed appropriate, refer the case\\npursuant to subdivision seven of section thirty-two of the public health\\nlaw. If the deputy attorney general for Medicaid fraud control accepts a\\nreferral from the office of Medicaid inspector general that was\\nidentified, investigated or developed by a local social services\\ndistrict, and the state collects damages, the participating local social\\nservices district shall be entitled to compensation up to fifteen\\npercent of the gross amount collected for such participation\\ncommensurate with its level of effort or value added as determined by\\nthe deputy attorney general for Medicaid fraud control. If the office of\\nMedicaid inspector general determines that it is not appropriate for\\nreferral in accordance with subdivision seven of section thirty-two of\\nthe public health law the office of Medicaid inspector general shall\\nfurther investigate the case, with notice to the participating local\\nsocial services district, or return the case to the participating social\\nservices district, which may resume its investigation of the provider.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "145-C", "title" : "Sanctions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "145-C", "activeDate" : "2014-09-22", "sequenceNo" : 225, "repealedDate" : null, "fromSection" : "145-C", "toSection" : "145-C", "text" : " § 145-c. Sanctions. Any person who, individually or as a member of a\\nfamily, applies for or receives public assistance and is found by a\\nfederal, state or local criminal, civil or other court or pursuant to an\\nadministrative hearing held in accordance with the regulations of the\\ndepartment, on the basis of a plea of guilty or nolo contendere or\\notherwise, intentionally to have (a) made a false or misleading\\nstatement or misrepresented, concealed, or withheld facts, or (b)\\ncommitted any act intended to mislead, misrepresent, conceal, or\\nwithhold facts or propound a falsity, for the purpose of establishing or\\nmaintaining the eligibility of the individual or of the individual's\\nfamily for aid or of increasing (or preventing a reduction in) the\\namount of such aid, then the needs of such individual shall not be taken\\ninto account in determining his or her need or that of his or her family\\npursuant to section one hundred thirty-one-a of this article (i) for a\\nperiod of six months upon the first occasion of any such offense, (ii)\\nfor a period of twelve months upon the second occasion of any such\\noffense or upon an offense which resulted in the wrongful receipt of\\nbenefits in an amount of between at least one thousand dollars and no\\nmore than three thousand nine hundred dollars, (iii) for a period of\\neighteen months upon the third occasion of any such offense or upon an\\noffense which results in the wrongful receipt of benefits in an amount\\nin excess of three thousand nine hundred dollars, and (iv) five years\\nfor any subsequent occasion of any such offense. Any period for which\\nsanctions are imposed shall remain in effect, without possibility of\\nadministrative stay, unless and until the finding upon which the\\nsanctions were imposed is subsequently reversed by a court of\\nappropriate jurisdiction; but in no event shall the duration of the\\nperiod for which such sanctions are imposed be subject to review. The\\nsanctions shall be in addition to, and not in substitution for, any\\nother sanctions which may be provided for by law with respect to the\\noffenses involved, except that the social services official or court\\nofficial assessing penalties against a recipient for an act of fraud or\\nmisrepresentation described in this subdivision may consider whether to\\nimpose such penalties based upon the existence of the penalties\\ndescribed herein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "146", "title" : "Penalty for the sale or exchange of assistance supplies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "146", "activeDate" : "2014-09-22", "sequenceNo" : 226, "repealedDate" : null, "fromSection" : "146", "toSection" : "146", "text" : " § 146. Penalty for the sale or exchange of assistance supplies. 1.\\nAny person who shall sell or exchange supplies or articles furnished him\\nas assistance or care by any public welfare official or employee of the\\npublic welfare district, or dispose of them in any other way than as\\ndirected, shall be guilty of a misdemeanor.\\n 2. Any person who purchases any article knowing it to have been\\nfurnished to any person as assistance or care shall also be guilty of a\\nmisdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "147", "title" : "Misuse of food stamps, food stamp program coupons, authorization cards and electronic access devices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "147", "activeDate" : "2014-09-22", "sequenceNo" : 227, "repealedDate" : null, "fromSection" : "147", "toSection" : "147", "text" : " § 147. Misuse of food stamps, food stamp program coupons,\\nauthorization cards and electronic access devices. 1. a. Whoever\\nknowingly uses, transfers, acquires, alters, purchases, transports or\\npossesses food stamps, food stamp program coupons, authorization cards\\nor electronic access devices which entitle a person to obtain food\\nstamps, in any manner not authorized by section ninety-five of this\\nchapter shall be guilty of a class A misdemeanor except that if the\\nvalue of the benefit he or she obtained:\\n (i) exceeds one thousand dollars, he or she shall be guilty of a class\\nE felony; or\\n (ii) exceeds three thousand dollars, he or she shall be guilty of a\\nclass D felony; or\\n (iii) exceeds fifty thousand dollars, he or she shall be guilty of a\\nclass C felony.\\n b. For the purposes of this section, the value of the benefit obtained\\nshall be the cumulative face value of such food stamps, food stamp\\nprogram coupons, authorization cards or electronic access devices.\\n 2. Any person found to have violated the provisions of subparagraph\\n(i), (ii) or (iii) of paragraph a of subdivision one of this section,\\nwho shall possess a license to sell liquor under section sixty-three of\\nthe alcoholic beverage control law or to sell lottery tickets under\\narticle thirty-four of the tax law, shall have such license or licenses\\nrevoked in addition to any other penalty authorized by law. As used\\nherein, the word \"person\" shall mean any individual, partnership,\\ncorporation, or association.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "148", "title" : "Penalty for unlawfully bringing a needy person into a public welfare district", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "148", "activeDate" : "2014-09-22", "sequenceNo" : 228, "repealedDate" : null, "fromSection" : "148", "toSection" : "148", "text" : " § 148. Penalty for unlawfully bringing a needy person into a public\\nwelfare district. No person shall, without legal authority, send or\\nbring, or cause to be sent or brought, any needy person into a public\\nwelfare district with the purpose of making him a charge on such public\\nwelfare district, or for the purpose of avoiding the responsibility of\\nassistance or care in the public welfare district from which he is\\nbrought or sent. Any person found guilty of such an act shall be guilty\\nof a misdemeanor and liable to a fine of fifty dollars, recoverable in\\nthe name of the public welfare district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "149", "title" : "Penalty for bringing a needy person into the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "149", "activeDate" : "2014-09-22", "sequenceNo" : 229, "repealedDate" : null, "fromSection" : "149", "toSection" : "149", "text" : " § 149. Penalty for bringing a needy person into the state. 1. Any\\nperson who knowingly brings, or causes to be brought, a needy person\\nfrom out of the state into this state for the purpose of making him a\\npublic charge, shall be guilty of a misdemeanor punishable by a fine of\\none hundred dollars, and shall be obligated to convey such person out of\\nthe state or to support him at his own expense.\\n 2. The commissioner of public welfare of the district to which such\\nneedy person is brought may bring a suit in a court of competent\\njurisdiction to enforce this obligation.\\n 3. The court shall require satisfactory security from such person that\\nhe will convey the needy person out of the state within the time fixed\\nby the court or will indemnify the public welfare district for all\\ncharges and expenses incurred for the assistance and care or\\ntransportation of such needy person. If such person refuses to give\\nsecurity when so required the court may commit him to jail for not\\nexceeding three months.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "150", "title" : "Penalty for neglect to report or for making false report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "150", "activeDate" : "2014-09-22", "sequenceNo" : 230, "repealedDate" : null, "fromSection" : "150", "toSection" : "150", "text" : " § 150. Penalty for neglect to report or for making false report. 1.\\nAny commissioner of public welfare, deputy commissioner, town or city\\npublic welfare officer, service officer, or any officer or employee who\\nshall neglect or refuse to render any account, statement or report\\nrequired by or pursuant to this chapter, or who shall delay, neglect or\\nrefuse to forward any application for public assistance or care, or\\nshall wilfully make false report or shall neglect to pay over any money\\nwithin the time required by law, shall forfeit two hundred dollars and\\nshall be liable to an action for all money which shall be in his hands\\nwith the interest thereon after the time the same should have been paid\\nover.\\n 2. Any officer, department or board, in case of failure to receive an\\napplication for public assistance and care, or a report or account\\nrequired by this chapter, shall notify the district attorney having\\nauthority in such public welfare district.\\n 3. The district attorney, upon receiving such notice, shall prosecute\\nin the name of such officer, department or board for the recovery of the\\npenalty or of such money, or both. The penalty and the sum recovered\\nshall be deposited in the public welfare fund of the public welfare\\ndistrict or of a town or city thereof, as the case may be.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "151", "title" : "Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "151", "activeDate" : "2014-09-22", "sequenceNo" : 231, "repealedDate" : null, "fromSection" : "151", "toSection" : "151", "text" : " § 151. Penalties for cashing public assistance checks or accepting\\nelectronic benefit transfers from public assistance recipients. 1.\\nUnauthorized transactions. Except as otherwise provided in subdivision\\ntwo of this section, no person, firm, establishment, entity, or\\ncorporation (a) licensed under the provisions of the alcoholic beverage\\ncontrol law to sell liquor and/or wine at retail for off-premises\\nconsumption; (b) licensed to sell beer at wholesale and also authorized\\nto sell beer at retail for off-premises consumption; (c) licensed or\\nauthorized to conduct pari-mutuel wagering activity under the racing,\\npari-mutuel wagering and breeding law; (d) licensed to participate in\\ncharitable gaming under article fourteen-H of the general municipal law;\\n(e) licensed to participate in the operation of a video lottery facility\\nunder section one thousand six hundred seventeen-a of the tax law; (f)\\nlicensed to operate a gaming facility under section one thousand three\\nhundred eleven of the racing, pari-mutuel wagering and breeding law; or\\n(g) providing adult-oriented entertainment in which performers disrobe\\nor perform in an unclothed state for entertainment, or making available\\nthe venue in which performers disrobe or perform in an unclothed state\\nfor entertainment, shall cash or accept any public assistance check or\\nelectronic benefit transfer device issued by a public welfare official\\nor department, or agent thereof, as and for public assistance.\\n 2. Authorized transactions. (a) A grocery store that sells groceries\\nincluding staple foods and that also offers, or is located within the\\nsame building or complex as, a casino, gambling casino, or gaming\\nestablishment; and any area of a pari-mutuel race track that does not\\naccept wagers and is not open to the public or to unauthorized\\npersonnel, such as non-wagering areas of the backstretch, may accept any\\npublic assistance check or electronic benefit transfer issued by a\\npublic welfare official or department, or agent thereof. For purposes of\\nthis paragraph, \"gaming establishment\" shall mean any video lottery\\nfacility, off-track betting branch office, simulcast facility, licensed\\ncommercial charitable gaming facility, or any pari-mutuel race track.\\n (b) Any establishment that offers gambling incidental to the principal\\npurpose of the business at such location may accept any public\\nassistance check or electronic benefit transfer device issued by a\\npublic welfare official or department, or agent thereof.\\n 3. Penalties. (a) A violation of the provisions of subdivision one of\\nthis section taking place at the licensed premises by a person,\\ncorporation or entity licensed under the alcoholic beverage control law:\\n(i) to sell liquor and/or wine at retail for off-premises consumption;\\n(ii) to sell beer at wholesale and also authorized to sell beer at\\nretail for off-premises consumption; or (iii) to sell liquor, wine\\nand/or beer for on-premises consumption at an establishment where\\nentertainers appear unclothed as permitted by the rules of the state\\nliquor authority, shall constitute cause, for the purposes of section\\none hundred eighteen of the alcoholic beverage control law, for the\\nrevocation, cancellation or suspension of such license.\\n (b) A violation of the provisions of subdivision one of this section\\nby any person, corporation or entity licensed to operate a gaming\\nfacility under section one thousand three hundred eleven of the racing,\\npari-mutuel wagering and breeding law; licensed under section one\\nthousand six hundred seventeen-a of the tax law to participate in the\\noperation of a video lottery facility; licensed or authorized to conduct\\npari-mutuel wagering under the racing, pari-mutuel wagering and breeding\\nlaw; or licensed to participate in charitable gaming under article\\nfourteen-H of the general municipal law, shall subject such person,\\ncorporation or entity to disciplinary action pursuant to section one\\nhundred four of the racing, pari-mutuel wagering and breeding law and\\nsection one thousand six hundred seven of the tax law, which may include\\nrevocation, cancellation or suspension of such license or authorization.\\n (c) A violation of the provisions of subdivision one of this section\\nby any person, firm, establishment, entity or corporation providing\\nadult-oriented entertainment in which performers disrobe or perform in\\nan unclothed state for entertainment, or making available the venue in\\nwhich performers disrobe or perform in an unclothed state for\\nentertainment, shall be a violation, as defined in subdivision three of\\nsection 10.00 of the penal law, subject to a fine of not more than one\\nhundred dollars, a second such violation shall be a violation subject to\\na fine of not more than five hundred dollars, and a third or subsequent\\nsuch violation shall be class B misdemeanor subject to a fine of not\\nmore than one thousand dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "152", "title" : "Payments to the New York public welfare association; attendance at conventions of public welfare officials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "152", "activeDate" : "2014-09-22", "sequenceNo" : 232, "repealedDate" : null, "fromSection" : "152", "toSection" : "152", "text" : " § 152. Payments to the New York public welfare association; attendance\\nat conventions of public welfare officials. The legislative body of a\\ncounty or city is hereby authorized to include annually in the\\nappropriation made for public assistance and care and to raise by\\ntaxation the sum necessary to meet the actual and necessary expenses of\\nmaintaining and continuing the New York public welfare association for\\nthe purpose of devising practical ways and means for obtaining greater\\neconomy and efficiency in the administration of public assistance and\\ncare, and for the expenses incurred by public welfare officials and\\nemployees in attending meetings of public welfare officials.\\nSuperintendents and matrons of public homes, county and city public\\nwelfare officials and deputies and agents designated by the public\\nwelfare officials are authorized to attend the midwinter and annual\\nconventions of public welfare officials. The necessary expenses in\\nconnection with such attendance shall be paid from public welfare funds.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "152-A", "title" : "Burial reserves for certain recipients of public assistance or care from assigned assets", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "152-A", "activeDate" : "2014-09-22", "sequenceNo" : 233, "repealedDate" : null, "fromSection" : "152-A", "toSection" : "152-A", "text" : " § 152-a. Burial reserves for certain recipients of public assistance\\nor care from assigned assets. When other provisions of this chapter\\nproviding for reserving an amount for the burial of a recipient of\\npublic assistance or care, from assets transferred or assigned to a\\nsocial services official, do not apply to a recipient because of the\\ncategory of public assistance or care received by him or her, as in the\\ncase of a recipient of safety net assistance, a similar burial reserve\\nfrom assigned assets may or shall, as the regulations of the department\\nmay permit or require, be set aside for such recipient; and any such\\nburial reserve heretofore set aside with the approval of the\\ndepartment, or in accordance with its requirements, shall be deemed to\\nhave been authorized.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "152-B", "title" : "Surplus after recovery of cost of public assistance and care; unclaimed funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "152-B", "activeDate" : "2014-09-22", "sequenceNo" : 234, "repealedDate" : null, "fromSection" : "152-B", "toSection" : "152-B", "text" : " § 152-b. Surplus after recovery of cost of public assistance and care;\\nunclaimed funds. If, after the full amount expended by a public welfare\\ndistrict for the assistance and care of a deceased or other former\\nrecipient of public assistance and care, including the federal and state\\nshares thereof, as determined in accordance with regulations of the\\ndepartment, and any authorized amount expended for the burial of such\\ndeceased recipient, shall have been recovered and deducted from the net\\nproceeds of assets which have been transferred or assigned to the public\\nwelfare official by or on behalf of such recipient to insure repayment\\nof the cost of his assistance and care, any balance or surplus remains,\\nit shall be credited forthwith by the public welfare district to the\\nestate or persons entitled thereto; but if unclaimed within four years\\nthereafter by those entitled thereto it shall be deemed abandoned\\nproperty and be paid to the state comptroller pursuant to section\\nthirteen hundred five of the abandoned property law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "152-C", "title" : "Menstrual products", "docType" : "SECTION", "publishedDates" : [ "2021-12-31", "2022-03-04" ], "docLevelId" : "152-C", "activeDate" : "2022-03-04", "sequenceNo" : 235, "repealedDate" : null, "fromSection" : "152-C", "toSection" : "152-C", "text" : " § 152-c. Menstrual products. Any provider of temporary shelter that is\\nreimbursed from state or state-administered grants or funds shall be\\nrequired to provide an adequate number of menstrual products\\ncommensurate with an individual's needs, including, but not limited to,\\nsanitary napkins, tampons and panty liners, at no cost to individuals\\nrequiring such products. For purposes of this section, \"temporary\\nshelter\" shall include but not be limited to a family shelter, a shelter\\nfor adults, a hotel, an emergency apartment, a domestic violence\\nshelter, a runaway and homeless youth shelter, or a safe house for\\nrefugees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "152-D", "title" : "Replacement of stolen public assistance", "docType" : "SECTION", "publishedDates" : [ "2023-05-12", "2023-05-19", "2024-02-09", "2024-03-29" ], "docLevelId" : "152-D", "activeDate" : "2023-05-12", "sequenceNo" : 236, "repealedDate" : null, "fromSection" : "152-D", "toSection" : "152-D", "text" : "", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 71 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T2", "title" : "State Reimbursement For Public Assistance and Care", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 237, "repealedDate" : null, "fromSection" : "153", "toSection" : "154", "text" : " TITLE 2\\n STATE REIMBURSEMENT FOR\\n PUBLIC ASSISTANCE AND CARE\\nSection 153. Reimbursement and advances by the state.\\n 153-a. Reimbursement for services to social services districts.\\n 153-b. Reimbursement for services.\\n 153-f. State reimbursement of home energy grant expenses.\\n 153-k. Funding for children and family services.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "153", "title" : "Reimbursement and advances by the state", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2021-04-23", "2022-04-15", "2022-10-07", "2023-05-12", "2024-04-26", "2025-05-16", "2026-06-05" ], "docLevelId" : "153", "activeDate" : "2023-05-12", "sequenceNo" : 238, "repealedDate" : null, "fromSection" : "153", "toSection" : "153", "text" : " § 153. Reimbursement and advances by the state. 1. * Expenditures made\\nby social services districts, cities and towns for public assistance and\\ncare and its administration, other than foster care services, pursuant\\nto this chapter and expenditures made by any Indian tribe for foster\\ncare services, preventive services, and adoption services and its\\nadministration rendered pursuant to an agreement entered into with the\\noffice of children and family services in accordance with section\\nthirty-nine of this chapter and pursuant to this chapter, shall, if\\napproved by the department of family assistance, be subject to\\nreimbursement by the state, in accordance with the regulations of the\\ndepartment, as follows:\\n * NB Effective until June 30, 2027\\n * Expenditures made by social services districts, cities and towns for\\npublic assistance and care and its administration, pursuant to this\\nchapter and expenditures made by any Indian tribe for foster care\\nservices, preventive services, and adoption services and its\\nadministration rendered pursuant to an agreement entered into with the\\ndepartment in accordance with section thirty-nine of this chapter and\\npursuant to this chapter, shall, if approved by the department, be\\nsubject to reimbursement by the state, in accordance with the\\nregulations of the department, as follows:\\n * NB Effective June 30, 2027\\n There shall be paid to each such district, city or town\\n a. the amount of federal funds, if any, properly received or to be\\nreceived on account of such expenditures;\\n d. fifty percentum of the amount expended for public assistance and\\ncare, after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof;\\n e. fifty percentum of the amount expended for administration of public\\nassistance and care, after first deducting therefrom any federal funds\\nproperly received or to be received on account thereof. The provisions\\nof this paragraph shall not be applicable to expenditures for\\nadministration expressly provided for in paragraph f of this\\nsubdivision;\\n f. the full amount expended by any district, city, town or Indian\\ntribe for the costs, including the costs of administration of public\\nassistance and care to eligible needy Indians and members of their\\nfamilies residing on any Indian reservation in this state, after first\\ndeducting therefrom any federal funds properly received or to be\\nreceived on account thereof.\\n (g) fifty per centum of the amount expended for substance abuse\\nservices pursuant to this chapter, after first deducting therefrom any\\nfederal funds properly received or to be received on account thereof. In\\nthe event funds appropriated for such services are insufficient to\\nprovide full reimbursement of the total of the amounts claimed by all\\nsocial services districts pursuant to this section then reimbursement\\nshall be in such proportion as each claim bears to such total.\\n 2. (a) In the event that the federal government imposes fiscal\\nsanctions on the state because of non-compliance with federal law,\\nregulation, or policy relating to the temporary assistance for needy\\nfamilies block grant, other than sanctions relating to maintenance of\\neffort spending requirements, the commissioner shall reduce federal\\nreimbursement to each social services district in an amount equal to the\\nportion of such fiscal sanction that the commissioner determines is\\nattributable to such district through review of relevant statewide and\\ndistrict specific data or documentation. The commissioner shall make\\nsuch determination of district fault only to the extent that his or her\\nreview identifies specific district actions or inactions that resulted\\nin the district's failure to meet the applicable federal requirement.\\nSuch reduction in federal reimbursement shall be made without state\\nfinancial participation in resulting costs. To the extent that the\\ncommissioner determines that he or she is unable to identify which\\ndistricts caused or contributed to such federal fiscal sanction, the\\ncommissioner, subject to the approval of the director of the budget,\\nshall assign the reduction in federal reimbursement to all districts\\nproportionately based on allowable district expenditures under Title\\nIV-A of the federal social security act in the most recently completed\\nstate fiscal year, and the state shall share equally with social\\nservices districts in the cost increases resulting from such reduction\\nin federal reimbursement.\\n (b) In the event that the federal government imposes fiscal sanctions\\non the state because of non-compliance with federal law, regulation, or\\npolicy relating to maintenance of effort spending requirements under the\\nfederal temporary assistance to needy families block grant, the\\ncommissioner shall reduce federal reimbursement to each social services\\ndistrict in an amount equal to the portion of such fiscal sanction that\\nthe commissioner determines is attributable to such district through\\nreview of relevant statewide and district specific data or\\ndocumentation. Cost increases resulting from such reduction in federal\\nreimbursement shall be shared equally by the state and each affected\\nsocial services district. To the extent that the commissioner determines\\nthat he or she is unable to identify which districts caused or\\ncontributed to such federal fiscal sanction, the commissioner, subject\\nto the approval of the director of the budget, shall assign the\\nreduction in federal reimbursement among all districts proportionately\\nbased on each district's portion of the statewide maintenance of effort\\nspending requirement as determined by the commissioner, and the state\\nshall share equally with social services districts in the cost increases\\nresulting from such reduction in federal reimbursement.\\n (c) Notwithstanding any inconsistent provision of law, if a portion of\\nfederal reimbursement otherwise payable is not available because of\\napplication of the federal percentage limitation on administrative\\nexpenses in the federal block grant for temporary assistance for needy\\nfamilies program, the commissioner shall rank all social services\\ndistricts in descending order based on the percentage that federally\\nreimbursed administrative expenses in each district in the federal\\nfiscal year bears to all total expenditures eligible for federal\\nreimbursement under title IV-A of the federal social security act in the\\nrespective district and shall reduce reimbursement payable to the\\ndistrict that received the highest proportion of such federal\\nreimbursement until such reduction equals the lesser of the shortfall in\\nfederal reimbursement or the amount which, if applied to federal\\nadministrative reimbursement received in the federal fiscal year, would\\nequalize the proportion of such reimbursement received by such district\\nand that received by the next highest district or districts in the\\ncommissioner's ranking. In the event that sufficient savings are not\\nachieved by such reduction in reimbursement to the highest ranked\\ndistrict, then the commissioner shall continue to reduce the amount of\\nreimbursement for the highest and, as necessary, the sequentially ranked\\ndistrict or districts such that such reductions, when applied in the\\nfederal fiscal year, will equalize the proportion of federal\\nreimbursement for administration received by all such affected districts\\nand will equal an amount which, in aggregate, will be sufficient to\\nfully offset but not exceed the federal reimbursement shortfall.\\nNotwithstanding any provision of law to the contrary, reimbursement to a\\nsocial services district out of state and federal funds shall not be\\nmade on administrative expenses which exceed fifteen percent of such\\ndistrict's total expenditures reimbursable under the temporary\\nassistance for needy families block grant.\\n 3. a. For the purpose of this title, expenditures for administration\\nof public assistance and care shall include expenditures for salaries of\\nthe chief executive officers, their deputies and the employees of local\\nwelfare departments; operation, maintenance and service costs; and such\\nother expenditures, such as equipment costs, depreciation charges, and\\nrental values as may be approved by the department. It shall not include\\nexpenditures for capital additions or improvements, except as provided\\nin paragraph c of this subdivision.\\n b. State reimbursement shall not be made for any part of the salary of\\na chief executive officer of a social services department, whose\\nqualifications do not conform to those fixed by the department or of a\\ncity or town service officer; nor shall such reimbursement be made on\\nthe salary of a deputy commissioner or an employee, unless his\\nemployment is necessary for the administration of public assistance and\\ncare and his qualifications conform to those fixed by the department.\\n c. Notwithstanding any inconsistent provision of law, the amount\\nexpended by a social services district for the purpose of acquiring,\\nreconstructing, rehabilitating or improving any shelter for adults shall\\nbe subject to state reimbursement in the amount of fifty percent of such\\nexpenditure, in accordance with the regulations of the department, if\\nsuch shelter is operated by: (i) a social services district directly or\\n(ii) a social services district which has entered into a contract with a\\nnot-for-profit corporation or charitable organization otherwise\\nestablished pursuant to law or a governmental entity or political\\nsubdivision thereof for the purpose of operating such a shelter;\\nprovided, however, that such capital acquisition, reconstruction,\\nrehabilitation or improvement has the approval of the department prior\\nto the commencement of such construction in accordance with regulations\\npromulgated by the department.\\n Such reimbursement may be paid out of any moneys in the state treasury\\npayable out of the local assistance account to the extent of the amount\\nappropriated to the department for such purposes, and the expenditure of\\nsuch amount shall constitute the complete liquidation of the state's\\nobligation to reimburse pursuant to this section.\\n 4. For the purpose of this title, expenditures made by social services\\ndistricts, cities, towns and any Indian tribe that has entered into an\\nagreement with the department pursuant to section thirty-nine of this\\nchapter for the care and maintenance of neglected, abused, abandoned or\\ndestitute children who have been remanded, discharged or committed\\npursuant to the family court act of the state of New York shall, if\\napproved by the department, be subject to reimbursement by the state in\\naccordance with and to the extent authorized by the provisions of\\nsubdivision one.\\n 5. In the event the state elects to claim and receive federal aid\\npayments in accordance with the alternative formula authorized by the\\nprovisions of section eleven hundred eighteen of the social security\\nact, for expenditures made under the state's approved plan for aid to\\ndependent children, a social services district shall, notwithstanding\\nsuch election, be entitled to receive as state reimbursement, in\\naccordance with and to the extent authorized by subdivision one, for its\\napproved monthly expenditures for aid to dependent children, the amount\\nit would have been entitled to receive if such election had not been\\nmade, until the month the amount it would be entitled to receive as\\nstate reimbursement for its approved expenditures for such program of\\nassistance for such month, as a result of such election, is equal to or\\ngreater than such district would have been entitled to receive therefor\\nif such election had not been made by the state, any inconsistent\\nprovision of law notwithstanding.\\n 6. a. Claims for state reimbursement shall be made in such form and\\nmanner and at such times and for such periods as the department shall\\ndetermine.\\n b. When certified by the department state reimbursement shall be paid\\nfrom the state treasury upon the audit and warrant of the comptroller\\nout of funds made available therefor.\\n c. When the monies allotted to the state by the federal security\\nagency, or other authorized federal agency, for aid to dependent\\nchildren for any quarter shall have been received by the department of\\ntaxation and finance, the department shall, as soon as possible, certify\\nto the comptroller the amount to which each social services district is\\nentitled for such quarter and such amount shall be paid out of the state\\ntreasury after audit by the comptroller to the respective social\\nservices districts.\\n d. The department is authorized in its discretion to make advances to\\npublic welfare districts and to cities and towns in anticipation of the\\nstate reimbursement provided for in this section.\\n 7. Payment of state reimbursement and advances shall be made to the\\nfiscal officer of the public welfare district or city entitled thereto\\npursuant to the provisions of this chapter; and in counties where home\\nrelief is a town charge, such payment as the towns therein shall be\\nentitled to shall be made to the fiscal officer of the county for the\\naccount of and reimbursement to such towns, except in the case of a town\\nwhich is a public welfare district.\\n 8. Any inconsistent provision of the law or regulation of the\\ndepartment notwithstanding, state reimbursement shall not be made for\\nany expenditure made for the duplication of any grant and allowance for\\nany period, except as authorized by subdivision eleven of section one\\nhundred thirty-one of this chapter. Notwithstanding any other provision\\nof law, social services districts are not required to provide safety net\\nassistance to any person, otherwise eligible, if state reimbursement is\\nnot available in accordance with this subdivision.\\n 9. Any inconsistent provision of this chapter or other law\\nnotwithstanding, any loss of federal funds assessed by the department of\\nhealth, education and welfare against the state by reason of the failure\\nof one or more social services districts to comply either with paragraph\\n(e) of subdivision one of section three hundred fifty and paragraph (c)\\nof subdivision four of section three hundred sixty-five-a relating to\\nfamily planning services for eligible individuals or with paragraph (g)\\nof subdivision one of section three hundred fifty relating to child\\nhealth screening and resulting treatment, shall be charged to and borne\\nby the social services districts responsible for such loss. Each such\\ndistrict shall bear only so much of any such loss as is attributable to\\nits failure so to comply. The amount to be borne by a district shall be\\ndetermined by applying the ratio that the number of cases in which it\\nfailed to comply with either family planning or child health screening\\nand treatment requirements, or both, bears to the total number of cases\\nin the state in which there were failures to comply with either such\\nrequirement, or both, as the case may be. A district shall have an\\nopportunity to be heard before the department's final determination to\\nimpose such an assessment.\\n * 10. Expenditures made by a social services district for the\\nmaintenance of children with disabilities, placed by school districts,\\npursuant to section forty-four hundred five of the education law shall,\\nif approved by the office of children and family services, be subject to\\nfifty-six and eight hundred forty-eight thousandths percent\\nreimbursement by the school district, in accordance with paragraph c of\\nsubdivision one of section forty-four hundred five of the education law,\\nafter first deducting therefrom any federal funds received or to be\\nreceived on account of such expenditures, except that in the case of a\\nstudent attending a state-operated school for the deaf or blind pursuant\\nto article eighty-seven or eighty-eight of the education law who was not\\nplaced in such school by a school district such expenditures shall be\\nsubject to fifty percent reimbursement by the school district after\\nfirst deducting therefrom any federal funds received or to be received\\non account of such expenditures. Such expenditures shall not be subject\\nto the limitations on state reimbursement contained in subdivision two\\nof section one hundred fifty-three-k of this title. In the event of the\\nfailure of the school district to make the maintenance payment pursuant\\nto the provisions of this subdivision, the state comptroller shall\\nwithhold state reimbursement to any such school district in an amount\\nequal to the unpaid obligation for maintenance and pay over such sum to\\nthe social services district upon certification of the commissioner of\\nthe office of children and family services and the commissioner of\\neducation that such funds are overdue and owed by such school district.\\nThe commissioner of the office of children and family services, in\\nconsultation with the commissioner of education, shall promulgate\\nregulations to implement the provisions of this subdivision.\\n * NB Effective until April 1, 2024\\n * 10. Expenditures made by a social services district for the\\nmaintenance of children with disabilities, placed by school districts,\\npursuant to section forty-four hundred five of the education law shall,\\nif approved by the office of children and family services, be subject to\\neighteen and four hundred twenty-four thousandths percent reimbursement\\nby the state and thirty-eight and four hundred twenty-four thousandths\\npercent reimbursement by school districts, except for social services\\ndistricts located within a city with a population of one million or\\nmore, where such expenditures shall be subject to fifty-six and eight\\nhundred forty-eight thousandths percent reimbursement by the school\\ndistrict, in accordance with paragraph c of subdivision one of section\\nforty-four hundred five of the education law, after first deducting\\ntherefrom any federal funds received or to be received on account of\\nsuch expenditures, except that in the case of a student attending a\\nstate-operated school for the deaf or blind pursuant to article\\neighty-seven or eighty-eight of the education law who was not placed in\\nsuch school by a school district such expenditures shall be subject to\\nfifty percent reimbursement by the state after first deducting therefrom\\nany federal funds received or to be received on account of such\\nexpenditures and there shall be no reimbursement by school districts.\\nSuch expenditures shall not be subject to the limitations on state\\nreimbursement contained in subdivision two of section one hundred\\nfifty-three-k of this title. In the event of the failure of the school\\ndistrict to make the maintenance payment pursuant to the provisions of\\nthis subdivision, the state comptroller shall withhold state\\nreimbursement to any such school district in an amount equal to the\\nunpaid obligation for maintenance and pay over such sum to the social\\nservices district upon certification of the commissioner of the office\\nof children and family services and the commissioner of education that\\nsuch funds are overdue and owed by such school district. The\\ncommissioner of the office of children and family services, in\\nconsultation with the commissioner of education, shall promulgate\\nregulations to implement the provisions of this subdivision.\\n * NB Effective April 1, 2024 until June 30, 2027\\n * 10. Expenditures made by a social services district for the\\nmaintenance of handicapped children, placed by school districts,\\npursuant to section forty-four hundred five of the education law shall,\\nif approved by the department, be subject to fifty percent reimbursement\\nby the state, after first deducting therefrom any federal funds received\\nor to be received on account of such expenditure. Such expenditures\\nshall not be subject to the limitations on state reimbursement contained\\nin sections one hundred fifty-three-d or one hundred fifty-three-e of\\nthis chapter.\\n * NB Effective June 30, 2027\\n * 11. Expenditures made by a social services district for approved\\ntuition costs pursuant to section four thousand four of the education\\nlaw, after first deducting therefrom any federal funds received or to be\\nreceived on account thereof, for a child placed in a child care\\ninstitution by a social services district, the office of children and\\nfamily services or family court shall be subject to reimbursement by the\\nstate in accordance with subdivision two of section one hundred\\nfifty-three-k of this title and article nineteen-G of the executive law,\\nas applicable; provided, however, that the amount that a school district\\nreimburses the state for its expenditure for such children pursuant to\\nsection four thousand four of the education law shall be credited to\\neach applicable social services district.\\n * NB Effective until June 30, 2027\\n * 11. Expenditures made by a social services district for approved\\ntuition costs of certain children pursuant to section four thousand four\\nof the education law, after first deducting therefrom any federal funds\\nreceived or to be received on account thereof, shall be subject to fifty\\npercent reimbursement by the state; provided, however, that the amount\\nthat a school district reimburses the state for its expenditure for such\\nchildren pursuant to section four thousand four of the education law\\nshall be credited to each applicable social services district.\\n * NB Effective June 30, 2027\\n * 12. Expenditures made by a social services district for the\\ndetention in foster care facilities or certified or approved family\\nboarding homes of a person alleged to be or adjudicated as a person in\\nneed of supervision, pursuant to article seven of the family court act,\\nshall be subject to reimbursement by the state in accordance with the\\nprovisions of section five hundred thirty of the executive law. The care\\nof such person shall not be required to comply with the requirements of\\nsections four hundred nine-e and four hundred nine-f of this chapter.\\n * NB Effective until June 30, 2027\\n * 12. Expenditures made by a social services district for the\\ndetention in foster care facilities of a person alleged to be or\\nadjudicated as a person in need of supervision, pursuant to article\\nseven of the family court act, shall be subject to reimbursement by the\\nstate in accordance with the provisions of section five hundred thirty\\nof the executive law. The care of such person shall not be required to\\ncomply with the requirements of sections four hundred nine-e and four\\nhundred nine-f, nor be subject to the provisions of section one hundred\\nfifty-three-d or three hundred ninety-eight-b of this chapter.\\n * NB Effective June 30, 2027\\n 15. Notwithstanding the provisions of this section or any other law to\\nthe contrary, expenditures made by a social services district for\\nbrokers' fees, finders' fees or security deposits paid pursuant to this\\nchapter shall be subject to twenty-five percent reimbursement, after\\nfirst deducting therefrom any federal funds received or to be received\\non account thereof.\\n 16. Notwithstanding any inconsistent provisions of this section, and\\nsubject to the amounts specifically appropriated therefor, social\\nservices districts which have implemented child assistance program\\npursuant to section one hundred thirty-one-z of this article shall be\\nreimbursed by the department for administrative expenses for the\\nimplementation and operation of the program as approved by the\\ndepartment in accordance with the following schedule after first\\ndeducting any federal reimbursement received therefor: for the fiscal\\nyear beginning April first, nineteen hundred ninety-seven, one hundred\\npercent; for the fiscal year beginning April first, nineteen hundred\\nninety-eight, ninety percent; for the fiscal year beginning April first,\\nnineteen hundred ninety-nine, eighty percent; for the fiscal year\\nbeginning April first, two thousand, seventy percent; for the fiscal\\nyear beginning April first, two thousand one, sixty percent and for each\\nfiscal year thereafter, fifty percent.\\n 17. From an amount specifically appropriated therefor, the\\ncommissioner of the office of temporary and disability assistance shall\\nprovide additional enhanced reimbursement for administration of income\\nmaintenance, food stamps, and employment programs to social services\\ndistricts which meet the work participation rates set forth in\\nsubdivision seven of section three hundred thirty-five-b of this\\nchapter. The amount of reimbursement available to each social services\\ndistrict shall be established by the commissioner of the office of\\ntemporary and disability assistance with the approval of the director of\\nthe budget. Separate amounts of reimbursement shall be available to a\\nsocial services district for meeting each of the following categories:\\nfor households receiving assistance funded under the federal temporary\\nassistance for needy families block grant program in which there is an\\nadult or minor head of household; and for households with dependent\\nchildren in which there is an adult or minor head of household and which\\nis receiving safety net assistance and payment for which is used to meet\\nthe federally required maintenance of effort for the temporary\\nassistance for needy families block grant. The office of temporary and\\ndisability assistance may advance reimbursement that would be available\\nfor full compliance and may recover any amounts unearned by the district\\nby withholding any other reimbursement due from the state to the social\\nservices district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "153-A", "title" : "Reimbursement for services to social services districts", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "153-A", "activeDate" : "2014-09-22", "sequenceNo" : 239, "repealedDate" : null, "fromSection" : "153-A", "toSection" : "153-A", "text" : " § 153-a. Reimbursement for services to social services districts. 1.\\nExpenditures made by a department, bureau, division or other unit of a\\ncounty or city for services to, on behalf of, or directly related to the\\noperations of a social services district, pursuant to the provisions of\\nthis chapter or any other provision of law, may, if approved by the\\ndepartment, be subject to reimbursement by the state, if and so long as\\nsuch expenditures are subject to federal reimbursement and only to the\\nextent of such federal reimbursement. There may be paid to each such\\nsocial services district the amount of federal funds, if any, properly\\nreceived or to be received on account of such expenditures. This\\nsection shall not apply to reimbursement for expenditures related to the\\nlocation of absent parents, establishment of paternity or enforcement of\\nsupport reimburseable under title six-A of article three of this\\nchapter.\\n 2. a. Claims for such reimbursement from federal funds shall be made\\nin such form and manner and at such times and for such periods as the\\ndepartment shall determine, including claims for any such expenditures\\nmade on or after January 1, l970.\\n b. When certified by the department, such reimbursement from federal\\nfunds shall be paid from the state treasury upon the audit and warrant\\nof the comptroller out of funds made available therefor.\\n c. When the monies allotted to the state by the federal security\\nagency, or other authorized federal agency, for such services to social\\nservices districts for any quarter or other authorized period shall have\\nbeen received by the department of taxation and finance, the department\\nshall, as soon as possible, certify to the comptroller the amount to\\nwhich each social services district is entitled for such quarter or\\nother authorized period and such amount shall be paid out of the state\\ntreasury after audit by the comptroller to the respective social\\nservices district.\\n 3. Payment of such reimbursement from federal funds shall be made to\\nthe fiscal officer of the social services district entitled thereto\\npursuant to the provisions of this chapter or any other provision of\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "153-B", "title" : "Reimbursement for services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "153-B", "activeDate" : "2014-09-22", "sequenceNo" : 240, "repealedDate" : null, "fromSection" : "153-B", "toSection" : "153-B", "text" : " § 153-b. Reimbursement for services. Expenditures made by a social\\nservices district for the purposes of this chapter as authorized by\\nsection one hundred thirty-one-g of this chapter shall, if approved by\\nthe department, be subject to reimbursement by the state not pursuant to\\nsection one hundred fifty-three or any other provision of this chapter,\\nbut, in accordance with the regulations of the department to the extent\\nof any and only in the amount of federal funds, if any properly received\\nor to be received on account of such expenditures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "153-F", "title" : "State reimbursement of home energy grant expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "153-F", "activeDate" : "2014-09-22", "sequenceNo" : 241, "repealedDate" : null, "fromSection" : "153-F", "toSection" : "153-F", "text" : " § 153-f. State reimbursement of home energy grant expenses.\\nNotwithstanding any other provision of law, expenditures made by social\\nservices districts in the form of payments made as home energy grants\\npursuant to the provisions of subdivision three-c of section one hundred\\nthirty-one-a of this article shall be reimbursed as follows:\\n There shall be paid to each such city, district or town;\\n 1. The amount of federal funds properly received or to be received on\\naccount of such expenditures; and\\n 2. One hundred percent of the amount expended after first deducting\\ntherefrom any federal funds properly received or to be received on\\naccount thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "153-K", "title" : "Funding for children and family services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-21", "2017-04-28", "2018-04-20", "2018-10-05", "2019-10-04", "2022-04-15" ], "docLevelId" : "153-K", "activeDate" : "2022-04-15", "sequenceNo" : 242, "repealedDate" : null, "fromSection" : "153-K", "toSection" : "153-K", "text" : " * § 153-k. Funding for children and family services. 1. (a)\\nExpenditures made by social services districts for child protective\\nservices, preventive services provided, as applicable, to eligible\\nchildren and families of children who are in and out of foster care\\nplacement, independent living services, aftercare services, and adoption\\nadministration and services other than adoption subsidies provided\\npursuant to article six of this chapter and the regulations of the\\ndepartment of family assistance shall, if approved by the office of\\nchildren and family services, be subject to sixty-five percent state\\nreimbursement exclusive of any federal funds made available for such\\npurposes, in accordance with the directives of the department of family\\nassistance and subject to the approval of the director of the budget.\\n (b) Claims for preventive services and independent living services\\nsubmitted by a social services district for reimbursement may be\\ncomprised of in-kind, indirect services, and non-tax levy funds,\\nincluding but not limited to privately donated funds, up to the same\\namount as the social services district's claims for such services during\\nfederal fiscal year nineteen hundred ninety-eight--ninety-nine were\\ncomprised of in-kind, indirect services and non-tax levy funds;\\nprovided, however, that up to seventeen and one-half percent of a social\\nservices district's claims for preventive services and independent\\nliving services may be comprised of privately donated funds if the\\npercentage of its claims comprised of privately donated funds was less\\nthan seventeen and one-half percent during federal fiscal year nineteen\\nhundred ninety-eight--nineteen hundred ninety-nine. Federal\\nreimbursement of such claims shall be available only to the extent\\npermitted by federal law or regulations.\\n 2. (a) Notwithstanding the provisions of this chapter or of any other\\nlaw to the contrary, eligible expenditures by a social services district\\nfor foster care services shall be subject to reimbursement with state\\nfunds only to the extent of annual appropriations to the state foster\\ncare block grant. Such foster care services shall include expenditures\\nfor the provision and administration of: care, maintenance, supervision,\\ntuition, and transportation costs related to the education of a foster\\nchild or youth incurred in accordance with paragraph c of subdivision\\nfour of section thirty-two hundred forty-four of the education law;\\nsupervision of foster children placed in federally funded job corps\\nprograms; and care, maintenance, supervision and tuition for adjudicated\\njuvenile delinquents and persons in need of supervision placed in\\nresidential programs operated by authorized agencies and in out-of-state\\nresidential programs; except that, notwithstanding any other provision\\nof law to the contrary, reimbursement with state funds pursuant to the\\nstate foster care block grant shall not be available for tuition\\nexpenditures for foster children, including persons in need of\\nsupervision and adjudicated juvenile delinquents, made by a social\\nservices district located within a city having a population of one\\nmillion or more. Social services districts must develop and implement\\nchildren and family services delivery systems that are designed to\\nreduce the need for and the length of foster care placements and must\\ndocument their efforts in the multi-year consolidated services plan and\\nthe annual implementation reports submitted pursuant to section\\nthirty-four-a of this chapter.\\n (b) State reimbursement to each social services district shall be\\nlimited to the district's allocation of the foster care block grant. The\\nstate funds appropriated for the foster care block grant shall be\\napportioned among the social services districts by the office of\\nchildren and family services based on the district's claiming history\\nand other factors. Such apportionments shall be subject to the approval\\nof the director of the budget.\\n (c) Any portion of a social services district's apportionment from the\\nfoster care block grant for a particular state fiscal year that is not\\nclaimed by such district during that state fiscal year may be used by\\nsuch district for preventive services, independent living services or\\naftercare services claimed by such district during the next state fiscal\\nyear up to the amount remaining from the district's foster care block\\ngrant apportionment; provided, however, that any claims for preventive\\nservices, independent living services or aftercare services during the\\nnext state fiscal year in excess of such amount shall be subject to\\nstate reimbursement pursuant to subdivision one of this section. Any\\nclaims submitted by a social services district for reimbursement for a\\nparticular state fiscal year for which the social services district does\\nnot receive state or federal reimbursement during that state fiscal year\\nmay not be claimed against that district's block grant apportionment for\\nthe next state fiscal year.\\n 3. To the extent that monies are made available to the commissioner of\\nthe office of children and family services from the children and family\\nservices quality enhancement fund established pursuant to section\\nninety-seven-yyy of the state finance law, the office of children and\\nfamily services is authorized to conduct activities to increase the\\navailability and/or quality of children and family services programs\\nwhich may include, but not be limited to, staff recruitment, retention\\nand training activities, research projects, and targeted services\\nexpansion and/or demonstration projects to test innovative models for\\nservice delivery which may include such areas as health, mental health\\nand substance abuse services. Notwithstanding sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, such\\nactivities shall be conducted without competitive bid or request for\\nproposal.\\n 4. (a) A social services district, either individually or in\\ncombination with other social services districts, may establish managed\\ncare systems or other systems to provide children and family services\\nother than child protective services investigations, in accordance with\\napplicable laws and regulations. Such a system may include, but not be\\nlimited to, the establishment of capitated rates for service provided to\\nchildren to prevent the placement of such children into foster care and\\nto discharge such children from foster care to suitable, permanent, safe\\nhomes in a more timely manner through preventive services, intensified\\ndischarge planning, pre-adoptive services, after-care services and/or\\npost-adoption services.\\n (b) Social services district payments to case managers or public or\\nprivate service providers under such a system may be based on\\nreimbursement rates established by the office of children and family\\nservices pursuant to section three hundred ninety-eight-a of this\\nchapter, capitated rates or other payment mechanisms for all or a\\nportion of the services, either separately or combined. To facilitate\\npayments to case managers or providers, the office of children and\\nfamily services may establish procedures for standardizing payments to\\nmanagers or providers that enter into agreements with more than one\\nsocial services district.\\n (c) Under such a system, a social services district may delegate\\nresponsibility for case management services to case managers or\\nproviders in a manner designed to afford case manager or provider\\naccountability through the incorporation of quality control standards\\nthat provide appropriate monitoring of these services such as recognized\\naccreditation mechanisms, performance audits by the social services\\ndistrict or other means.\\n (d) Under such a system, a social services district, in a purchase of\\nservice agreement for preventive services with an authorized agency, may\\ndelegate to such authorized agency the responsibility for approving and\\npaying rent subsidies or assistance under paragraph (c) of subdivision\\nfive and/or subdivision seven of section four hundred nine-a of this\\nchapter.\\n (e)(i) A social services district must obtain the office's prior\\napproval of its plan for establishing and implementing such a system, in\\naccordance with guidelines established by the office of children and\\nfamily services.\\n (ii) Such a plan may include requests for a waiver of any statutory or\\nregulatory requirements established pursuant to sections thirty-four-a,\\nfour hundred nine-d and four hundred nine-e of this chapter regarding\\nthe form, content, development, or amendment of the child welfare\\nservices plan component of the multi-year services plan and the annual\\nimplementation reports, family services plans and uniform case records.\\n (iii) Any request by a social services district for a waiver shall\\nidentify the specific statute or regulation to be waived, and include a\\njustification for the waiver and alternative actions to be taken by the\\nsocial services district to satisfy the purposes of the statute or\\nregulation. The office of children and family services may grant any\\nsuch waiver request, subject to the approval of the director of the\\nbudget, where the social services district applying for the waiver\\ndemonstrates a reasonable administrative or programmatic justification\\nfor the waiver. The potential fiscal impact of the waiver upon federal,\\nstate and local governments shall be evaluated by the office of children\\nand family services as part of its review of the request for a waiver.\\nThe office of children and family services may impose durational and\\nother reasonable conditions if an approval of the waiver is granted.\\nWhere a waiver is granted, the office of children and family services\\nshall have the authority to establish alternative standards to be\\nfollowed by social services officials. The office of children and family\\nservices may not grant a waiver that would fail to comply with\\napplicable federal statutory or regulatory standards. The social\\nservices district may not revise local practice or policy unless and\\nuntil the office of children and family services approves the waiver.\\n (iv) The office of children and family services shall provide notice\\nto the governor and the legislature of each plan that is approved\\nincluding a brief description of the plan and any waivers granted and\\nany alternative standards established. The office shall provide an\\nannual report to the governor and the legislature regarding the\\nimplementation of all approved plans during a calendar year by January\\nthirty-first of the following year.\\n 5. (a) Social services districts shall conduct eligibility\\ndeterminations and submit claims for reimbursement in such form and\\nmanner and at such times and for such periods as the department of\\nfamily assistance shall determine.\\n (b) When certified by the department of family assistance, state\\nreimbursement shall be paid from the state treasury upon the audit and\\nwarrant of the comptroller out of funds made available therefor.\\n (c) The department of family assistance is authorized in its\\ndiscretion to make advances to social services districts in anticipation\\nof the state reimbursement provided for in this section.\\n 6. (a) Payment of state reimbursement and advances shall be made to\\nthe fiscal officer of the social services district entitled thereto\\npursuant to the provisions of this chapter.\\n (b) Any inconsistent provision of the law or regulation of the\\ndepartment of family assistance notwithstanding, state reimbursement\\nshall not be made for any expenditure made for the duplication of any\\ngrant or allowance for any period.\\n 7. The office of children and family services shall not reimburse any\\nclaims for expenditures for those children and family services set forth\\nin subdivisions one and two of this section that are submitted more than\\ntwenty-two months after the calendar quarter in which the expenditures\\nwere made.\\n 8. Claims submitted by a social services district for reimbursement\\nshall be paid after deducting any expenditures defrayed by fees, third\\nparty reimbursement, and any non-tax levy funds including donated funds\\nthat exceed the amount that may be claimed for state and federal\\nreimbursement pursuant to paragraph (b) of subdivision one of this\\nsection.\\n 9. Notwithstanding any other provision of law, the state shall not be\\nresponsible for reimbursing a social services district and a district\\nshall not seek state reimbursement for any portion of any state\\ndisallowance or sanction taken against the social services district, or\\nany federal disallowance attributable to final federal agency decisions\\nor to settlements made, on or after July first, nineteen hundred\\nninety-five, when such disallowance or sanction results from the failure\\nof the social services district to comply with federal or state\\nrequirements, including, but not limited to, failure to document\\neligibility for the federal or state funds in the case record; provided,\\nhowever, if the office of children and family services determines that\\nany federal disallowance for services provided between January first,\\nnineteen hundred ninety-nine and May thirty-first, nineteen hundred\\nninety-nine results solely from the late enactment of the state\\nlegislation implementing the federal adoption and safe families act, the\\nstate shall be solely responsible for the full amount of the\\ndisallowance or sanction. This provision shall be deemed to apply both\\nprospectively and retroactively regardless of whether the disallowance\\nor sanction is for services provided or claims made prior to or after\\nApril first, two thousand two.\\n 10. (i) In accordance with regulations developed by the office of\\nchildren and family services, the office shall measure each district's\\ncompliance with the federal child welfare outcome standards beginning no\\nlater than twenty months after the effective date of this section. The\\noffice is authorized to impose fiscal penalties against a social\\nservices district that fails to substantially comply with the outcome\\nstandards or to make sufficient progress towards complying with the\\noutcome standards after developing and implementing a corrective action\\nplan in the time and manner approved by the office. The imposition of a\\nfiscal penalty shall be subject to an appeal process set forth in\\nregulation. Any fiscal penalties received by the office of children and\\nfamily services pursuant to this subdivision shall be deposited to the\\ncredit of the children and family services quality enhancement fund\\nestablished pursuant to section ninety-seven-yyy of the state finance\\nlaw. For social services districts in counties with less than fifteen\\nthousand children under the age of eighteen, the office may waive the\\nfiscal penalties and the need for a corrective action plan if the\\nfailure to substantially comply with the outcome standards was based on\\nextraordinary circumstances. The office may provide fiscal incentives to\\nsocial services districts with high performances on the federal child\\nwelfare outcome standards. A social services district may pass on to its\\ncontract agencies some portion of the fiscal penalties or fiscal\\nincentives that may be attributable to such agencies.\\n (ii) The office shall provide an annual report to the governor and the\\nlegislature detailing: each county's performance on the outcome\\nstandards, the amount of fiscal penalties imposed against each county,\\nand the amount of fiscal penalties collected from each county. Said\\nreport shall be delivered to the director of the budget, the chair of\\nthe senate finance committee and the chair of the assembly ways and\\nmeans committee annually on a calendar year basis, by March fifteenth of\\nthe following year.\\n 11. The office of children and family services shall submit a\\npreliminary report to the governor and the legislature on or before the\\nthirty-first day of December, two thousand four providing preliminary\\ndata and information on the implementation of this section, and shall\\nsubmit a final report by the fifteenth day of August, two thousand five\\nassessing the implementation of and the outcomes resulting from the\\nchildren and family services financing provisions established by this\\nsection through the thirtieth day of June, two thousand five. The final\\nreport shall include information regarding services delivery trends\\nunder the financing structure set forth in this section and innovative\\nmodels of service provision to be considered for replication.\\n 12. Notwithstanding any law to the contrary, on or after January\\nfirst, two thousand twenty, the state shall not reimburse for the cost\\nof any placement of persons in need of supervision under article seven\\nof the family court act.\\n * NB Repealed June 30, 2027\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "154", "title" : "3", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "154", "activeDate" : "2014-09-22", "sequenceNo" : 243, "repealedDate" : null, "fromSection" : "154", "toSection" : "154", "text" : " * § 154. 3. The population of a social services district, city or town\\nfor the purposes of this section shall be the population of such\\ndistrict, city or town, respectively, excluding the reservation and\\nschool Indian population and inmates of state institutions under the\\ndirection, supervision or control of the state department of correction\\nand the state department of mental hygiene and inmates of the New York\\nTraining School for Girls at Hudson and Claverack, the State\\nAgricultural and Industrial School, the New York state Veterans' Home\\nand the New York Training School for Boys at Warwick, as shown by the\\nlast preceding decennial federal census showing such population,\\ncompleted and certified prior to December thirty-first preceding the\\ncommencement of the state fiscal year during which the reimbursement is\\nmade; provided, however, if the director of the United States bureau of\\nthe census shall certify that the population of a district, city or\\ntown, as shown by such last preceding decennial federal census, (a)\\nexcludes a specified number of persons who were actually residing in\\nsuch district, city or town at the time of such census, or (b) includes\\na specified number of persons who are not actually residing in such\\ndistrict, city or town at the time of such census, there shall be added\\nto or subtracted from the population of such district, city or town the\\nnumber so specified in such certificate. Such town population shall\\ninclude the population of any incorporated village or villages or parts\\nthereof within such town, but shall exclude the population of any city\\nor part thereof within such town. The determination as to the population\\nof a social services district, city or town for the purposes of this\\nsection shall be made by the state comptroller as provided by section\\nfifty-four of the state finance law.\\n * NB Repealed July 1, 1969\\n * NB sub. 3 alive but ineffective since section was repealed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T3", "title" : "Home Relief", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "3", "activeDate" : "2015-08-21", "sequenceNo" : 244, "repealedDate" : null, "fromSection" : "157", "toSection" : "165", "text" : " TITLE 3\\n HOME RELIEF\\nSection 157. Definitions.\\n 158. Eligibility.\\n 159. Safety net assistance.\\n 160-a. Unexpended welfare balances.\\n 163. Application.\\n 165. Recipients authorized to work.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "157", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "157", "activeDate" : "2014-09-22", "sequenceNo" : 245, "repealedDate" : null, "fromSection" : "157", "toSection" : "157", "text" : " § 157. Definitions. As used in this title. 1. Safety net assistance\\nmeans allowances pursuant to section one hundred thirty-one-a of this\\narticle for all support, maintenance and need, and costs of suitable\\ntraining in a trade to enable a person to become self-supporting,\\nfurnished eligible needy persons in accordance with applicable\\nprovisions of law, by a municipal corporation, or a town where safety\\nnet assistance is a town charge, to persons or their dependents in their\\nabode or habitation whenever possible and includes such relief granted\\nto veterans under existing laws but does not include hospital or\\ninstitutional care, except as otherwise provided in this subdivision, or\\nfamily assistance or medical assistance for needy persons granted under\\ntitles ten and eleven of this article, respectively, or aid to persons\\nreceiving federal supplemental security income payments and/or\\nadditional state payments. Safety net assistance may also be provided in\\na family home or boarding home, operated in compliance with the\\nregulations of the department, and on and after January first, nineteen\\nhundred seventy-four, in facilities in which a person is receiving\\nfamily care or residential care, as those terms are used in title six of\\nthis article, and to persons receiving care in a facility supervised by\\nthe office of alcoholism and substance abuse services or in a\\nresidential facility for the mentally disabled approved, licensed or\\noperated by the office of mental health or the office for people with\\ndevelopmental disabilities, other than those facilities defined in\\nsections 7.17 and 13.17 of the mental hygiene law, in a developmental\\ncenter facility operated by the office for people with developmental\\ndisabilities or residential care centers for adults operated by the\\noffice of mental health, when such type of care is deemed necessary.\\nPayments to such homes and facilities for care and maintenance provided\\nby them shall be at rates established pursuant to law and regulations of\\nthe department. The department, however, shall not establish rates of\\npayment to such homes or facilities without approval of the director of\\nthe budget.\\n 2. State aid means payments to a municipal corporation by the state\\nfor home relief furnished in accordance with this title.\\n 3. Municipal corporation shall mean a county or city except a county\\nwholly within a city.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "158", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-15", "2022-10-07", "2022-12-16", "2023-01-06" ], "docLevelId" : "158", "activeDate" : "2023-01-06", "sequenceNo" : 246, "repealedDate" : null, "fromSection" : "158", "toSection" : "158", "text" : " § 158. Eligibility. 1. A person is eligible for safety net assistance\\nwho is financially needy as determined in accordance with title one of\\nthis article and the regulations promulgated thereunder, is not in\\nsanction status for a program authorized by this chapter and:\\n (a) resides in a family which is ineligible for family assistance or\\nother assistance funded by the federal temporary assistance for needy\\nfamilies block grant because an adult in the family has exceeded the\\nmaximum durational limits on such assistance contained in section three\\nhundred fifty of this chapter, or\\n (b) is an adult who would otherwise be eligible for family assistance\\nexcept that he or she does not reside with a dependent child, or\\n (c) resides in a family that would otherwise be eligible for family\\nassistance except that at least one adult or minor head of household has\\nbeen determined in accordance with section one hundred thirty-two of\\nthis article to be abusing illegal substances or engaging in the\\nhabitual and excessive consumption of alcoholic beverages, or\\n (d) is under the age of eighteen, not living with his or her child and\\nhas no adult relatives with whom to reside, or\\n (e) resides in a family in which a person required to submit to\\nscreening or evaluation for use of illegal drugs or excess alcohol\\nconsumption pursuant to section one hundred thirty-two of this article\\nrefused to comply, or\\n (f) resides in a family which includes a person disqualified from\\nreceiving assistance pursuant to paragraph (f) of subdivision four of\\nsection one hundred thirty-two of this article, or\\n (g) is a qualified alien who is ineligible to receive assistance\\nfunded under the temporary assistance for needy families block grant\\nsolely because of section four hundred three of the federal personal\\nresponsibility and work opportunity reconciliation act of 1996 (P.L.\\n104-193) or is a noncitizen who is permanently residing under color of\\nlaw but is not a qualified alien.\\n 2. A person who shall be eligible for family assistance according to\\nthe provisions of title ten of this article shall be granted family\\nassistance and while receiving such aid shall not be eligible for safety\\nnet assistance. A person who is receiving federal supplemental security\\nincome payments and/or additional state payments shall not be eligible\\nfor safety net assistance. A person who is eligible for refugee cash\\nassistance pursuant to the plan established pursuant to section three\\nhundred fifty-eight of this article shall not be eligible for safety net\\nassistance. An applicant for or recipient of safety net assistance shall\\nbe required, as a condition of eligibility for safety net assistance, to\\nsign a written authorization allowing the secretary of the federal\\ndepartment of health and human services to pay to the social services\\ndistrict his or her initial supplemental security income payment and\\nallowing the social services district to deduct from his or her initial\\npayment the amount of safety net assistance granted for any month for\\nwhich he or she subsequently is determined eligible to receive\\nsupplemental security income benefits. For the purposes of this\\nsubdivision the term \"initial payment\" shall refer to the first payment\\nof supplemental security income benefits after a person files an\\napplication for benefits or after a person who has been terminated or\\nsuspended from eligibility for supplemental security income benefits\\nsubsequently has been found eligible for such benefits. An applicant for\\nsafety net assistance who reasonably appears to meet the criteria for\\neligibility for federal supplemental security income payments shall also\\nbe required, as a condition of eligibility for safety net assistance, to\\napply for such payments and shall, if otherwise eligible therefor, be\\neligible for safety net assistance until he or she has received a\\nfederal supplemental security income payment. Further, if an applicant\\nfor safety net assistance is required to apply for federal supplemental\\nsecurity payments and is denied, such person shall, subject to\\ndepartment regulation, also be required as a condition of eligibility to\\nappeal his or her denial and exhaust his or her administrative remedies;\\nsuch person shall remain eligible for safety net assistance, so long as\\nhe or she otherwise remains eligible while his or her appeal is pending.\\n 3. A person shall not be eligible for safety net assistance who has\\nmade a voluntary assignment or transfer of property for the purpose of\\nqualifying for such aid. A transfer of property made within one year of\\nthe date of application shall be presumed to have been made for the\\npurpose of qualifying for such assistance.\\n 4. Social services officials shall determine eligibility for safety\\nnet assistance within thirty days of receiving an application for safety\\nnet assistance. Such officials shall notify applicants of safety net\\nassistance about the availability of assistance to meet emergency\\ncircumstances or to prevent eviction.\\n 5. Application for or receipt of safety net assistance shall operate\\nas an assignment to the state and the social services district concerned\\nof any rights to support that accrue during the period that a family\\nreceives safety net assistance from any other person as such applicant\\nor recipient may have either on their own behalf or on behalf of any\\nother family member for whom the applicant or recipient is applying for\\nor receiving assistance. Applicants for or recipients of safety net\\nassistance shall be informed that such application for or receipt of\\nsuch benefits will constitute such an assignment. Such assignment shall\\nterminate with respect to current support rights upon a determination by\\nthe social services district that such person is no longer eligible for\\nsafety net assistance, except with respect to the amount of any unpaid\\nsupport obligation that has accrued during the period that a family\\nreceived safety net assistance.\\n 6. In addition to other eligibility requirements, each person who is\\napplying for or receiving assistance under this title, and who is\\notherwise eligible for assistance under this title, shall be required,\\nas a further condition of eligibility for such assistance:\\n (i) to assign to the state and the social services district any rights\\nto support that accrue during the period that a family receives safety\\nnet assistance from any other person as such applicant or recipient may\\nhave either on their own behalf or on behalf of any other family member\\nfor whom the applicant or recipient is applying for or receiving\\nassistance; and\\n (ii) to cooperate with the state and the social services official, in\\naccordance with standards established by regulations of the office of\\ntemporary and disability assistance consistent with federal law and\\nregulations, in establishing the paternity of a child born\\nout-of-wedlock for whom assistance under this title is being applied for\\nor received, in their efforts to locate any absent parent and in\\nobtaining support payments or any other payments or property due such\\nperson and due each child for whom assistance under this title is being\\napplied for or received, except that an applicant or recipient shall not\\nbe required to cooperate in such efforts in cases in which the social\\nservices official has determined, in accordance with criteria, including\\nthe best interests of the child, as established by regulations of the\\noffice of temporary and disability assistance consistent with federal\\nlaw and regulations, that such applicant or recipient has good cause to\\nrefuse to cooperate. Each social services district shall inform\\napplicants for and recipients of safety net assistance required to\\ncooperate with the state and local social services officials pursuant to\\nthe provisions of this paragraph, that where a proceeding to establish\\npaternity has been filed, and the allegation of paternity has been\\ndenied by the respondent, there shall be a stay of all paternity\\nproceedings and related social services district proceedings until sixty\\ndays after the birth of the child. Such applicants and recipients shall\\nalso be informed that public assistance and care shall not be denied\\nduring a stay on the basis of refusal to cooperate pursuant to the\\nprovisions of this paragraph.\\n 7. As a condition of eligibility for the receipt of safety net\\nassistance, every applicant for such assistance must:\\n (i) sign an agreement which provides that, if it is determined that\\nmoney is owed to the social services district because of overpayments of\\nsafety net assistance to the applicant while a recipient of safety net\\nassistance, the applicant agrees to repay any such money that remains\\ndue after the applicant ceases to receive safety net assistance; and\\n (ii) sign an assignment of future earnings on a form prescribed by the\\ndepartment to secure the repayment of any money that is determined,\\nafter providing the opportunity for a fair hearing in accordance with\\nsection twenty-two of this chapter, to be owed to the social services\\ndistrict because of overpayments of safety net assistance to the\\napplicant while a recipient of safety net assistance. The prescribed\\nform shall include the following notice: \"THIS AGREEMENT AUTHORIZES THE\\nSOCIAL SERVICES DISTRICT TO RECOVER ANY OVERPAYMENT OF YOUR PUBLIC\\nASSISTANCE BENEFITS BY COLLECTING THE AMOUNT OF THE OVERPAYMENT DIRECTLY\\nFROM YOUR FUTURE WAGES. IF YOU FAIL TO MAKE THE PAYMENTS REQUIRED BY A\\nREPAYMENT AGREEMENT BETWEEN YOU AND THE SOCIAL SERVICES DISTRICT, THE\\nSOCIAL SERVICES DISTRICT WILL FILE THIS AGREEMENT WITH YOUR EMPLOYER AND\\nRECOVER THE OVERPAYMENT DIRECTLY FROM YOUR WAGES.\" In addition, the\\nassignment of future earnings and the enforcement thereof must comply\\nwith all requirements of article three-A of the personal property law.\\nThe social services district may file the assignment of future earnings\\nwith the employer of the assignor only if the assignor fails to make\\npayments of money owed to the social services district in accordance\\nwith the agreement required in paragraph (i) of this subdivision.\\n 8. No person who resides with his or her minor child shall be eligible\\nfor safety net assistance except as provided in subdivision one of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "159", "title" : "Safety net assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "159", "activeDate" : "2014-09-22", "sequenceNo" : 247, "repealedDate" : null, "fromSection" : "159", "toSection" : "159", "text" : " § 159. Safety net assistance. 1. Safety net assistance shall be\\nprovided in amounts determined in accordance with article five and,\\nwhere applicable, section one hundred seventeen of this chapter in the\\nfollowing manner.\\n (a) Cash assistance. Safety net assistance shall be granted in cash\\nprovided, however, that where the granting of cash may be deemed\\ninappropriate by the social services district because of an inability to\\nmanage funds, or because less expensive or more easily controlled\\nalternative methods of payment are available, or in the case of vendor\\npayments to landlords made for individuals residing in public housing or\\nfor similar other reasons as established by department regulations, or\\nwhere an individual has so requested, safety net assistance may be\\ngranted in whole or in part by restricted payment.\\n (b) Non-cash assistance. Safety net assistance paid as non-cash\\nassistance shall be paid in the following manner and in the following\\norder:\\n (i) Shelter assistance. A district shall make a payment for shelter by\\ndirect payment, two-party check or other form of restricted payment up\\nto the maximum amount established by the department in regulation,\\nprovided that a district may make a payment for a recipient's assistance\\nin excess of such maximum at the request of the recipient. Payments for\\nshelter pursuant to this subparagraph shall be subject to the provisions\\nof section one hundred forty-three-b of this chapter. A district shall\\nmake payment for shelter by two-party check upon request of the\\nrecipient; provided, however, that the district may make a direct\\npayment whenever it finds that the recipient has persistently failed to\\nmake payment for rent without good cause as defined by regulations of\\nthe department. A district shall provide a recipient with proof of\\npayment promptly upon request by the recipient.\\n (ii) Utility assistance. A social services district shall make a\\ndirect payment, a payment by two party check or other form of restricted\\npayment on behalf of recipients of safety net assistance who pay\\nseparately for utilities. Payment for utilities shall include payment\\nfor fuel for heating on behalf of recipients who are eligible for a fuel\\nfor heating allowance pursuant to section one hundred thirty-one-a of\\nthis article and the department's regulations. Payments for fuel for\\nheating shall not exceed the fuel for heating allowance except that a\\ndistrict may make a payment in excess of such amount at the request of\\nthe recipient. A district shall provide a recipient with proof of\\npayment promptly upon request by the recipient.\\n (iii) Personal needs allowance. To the extent available within payment\\namounts authorized by sections one hundred seventeen, where applicable,\\nand one hundred thirty-one-a of this chapter, a social services district\\nshall provide each household with a personal needs allowance equal to\\ntwenty percent of the sum of the monthly standard of payment determined\\nin accordance with the schedule contained in paragraph (a) of\\nsubdivision three of section one hundred thirty-one-a of this article\\nand the appropriate amount of home energy grant and supplemental home\\nenergy grant as determined by the schedules in subdivisions three-c and\\nthree-d of section one hundred thirty-one-a of this article, for the\\nappropriate household size.\\n (iv) Other assistance. The remainder of the safety net assistance\\nshall be provided on a non-cash basis, provided that an appropriate\\nelectronic benefit transfer system is operating in accordance with\\nsection twenty-one-a of this chapter in the social services district in\\nwhich the recipient resides.\\n 2. Persons eligible for safety net assistance because they are persons\\ndescribed in paragraph (b) or (d) of subdivision one of section one\\nhundred fifty-eight of this title shall receive cash assistance, as\\ndefined in subdivision one of this section, for two years in a lifetime,\\nwhether or not consecutive, after the fourth day of August, nineteen\\nhundred ninety-seven. On or after the first day of December, nineteen\\nhundred ninety-nine, persons who are eligible for safety net assistance\\nbut who have received cash assistance for two years or more shall\\nreceive assistance only in the form of non-cash assistance. A person may\\nreceive cash assistance in excess of two years if the person is\\notherwise eligible for safety net assistance but the social services\\ndistrict in which the person resides has not yet implemented a non-cash\\nassistance program. Persons who would otherwise be eligible for cash\\nassistance pursuant to this subdivision who are referred to treatment\\npursuant to section one hundred thirty-two of this article or reside in\\na family where an adult or head of household has been referred to\\ntreatment shall receive assistance in the form of non-cash assistance.\\n 3. Persons eligible for safety net assistance because they are persons\\ndescribed in paragraph (a) of subdivision one of section one hundred\\nfifty-eight of this title shall receive assistance in the form of\\nnon-cash assistance.\\n 4. Persons eligible for safety net assistance because they are persons\\ndescribed in paragraphs (c), (e) and (f) of subdivision one of section\\none hundred fifty-eight of this title shall receive assistance in the\\nform of non-cash assistance.\\n 5. Persons eligible for safety net assistance because they are persons\\ndescribed in paragraph (g) of subdivision one of section one hundred\\nfifty-eight of this title shall receive cash assistance in the safety\\nnet program for two years in a lifetime, whether or not consecutive,\\nafter the fourth day of August, nineteen hundred ninety-seven. On or\\nafter the first day of December, nineteen hundred ninety-nine, persons\\nwho are eligible for safety net assistance but have received cash\\nassistance for two years or more in the safety net program shall receive\\nassistance only in the form of non-cash assistance. A person may receive\\ncash assistance in excess of two years if the person is otherwise\\neligible for safety net assistance but the social services district in\\nwhich the person resides has not implemented a non-cash program.\\n 6. In calculating the period of cash assistance for new residents of\\nthe state, periods in which they received reduced safety net assistance\\nbenefits pursuant to section one hundred seventeen of this chapter shall\\nbe included. In calculating the period of cash assistance, periods in\\nwhich a recipient received federally funded refugee assistance shall be\\nincluded.\\n 7. (a) Notwithstanding subdivisions two and three of this section,\\nadults eligible for safety net assistance who are exempt from the\\nemployment requirements contained in title nine-B of this article\\npursuant to section three hundred thirty-two of such article shall\\nreceive cash assistance, unless the adult has been determined to be\\nabusing illegal substances or engaged in habitual consumption of\\nalcohol.\\n (b) Notwithstanding subdivisions two and three of this section, adults\\neligible for safety net assistance who are also eligible to receive\\ncomprehensive health care services through a special needs plan defined\\nin paragraph (n) of subdivision one of section three hundred\\nsixty-four-j of this chapter shall receive cash assistance, regardless\\nof whether such a plan is operating in the district in which they\\nreside. An adult who would be eligible to receive such services through\\nsuch a special needs plan but for the application of paragraph (d) of\\nsubdivision three of section three hundred sixty-four-j of this chapter\\nshall also receive cash assistance.\\n 8. Social services districts shall provide non-cash assistance to\\npersons eligible for safety net assistance because they are persons\\ndescribed in paragraphs (b) and (d) of subdivision one of section one\\nhundred fifty-eight of this title, who have received cash assistance for\\ntwo years or more, on or after the first day of December, nineteen\\nhundred ninety-nine. Social services districts shall provide non-cash\\nassistance for persons described in paragraph (a) of subdivision one of\\nsection one hundred fifty-eight of this title on or after the first day\\nof December, two thousand. However, social services districts shall not\\nimplement subparagraph (iv) of paragraph (b) of subdivision one of this\\nsection until an appropriate electronic benefit transfer system is\\noperating in the district.\\n 9. Notwithstanding subdivision eight of this section or any other\\ninconsistent provision of this section, the department may approve up to\\nfive social services districts to provide non-cash assistance to persons\\ndescribed in paragraphs (b), (d) and (g) of subdivision one of section\\none hundred fifty-eight of this title who have received cash assistance\\nfor two years, beginning the first day of December, nineteen hundred\\nninety-eight, provided that an appropriate electronic benefit transfer\\nsystem is operating in the district.\\n 10. Social services district providing safety net assistance to\\npersons receiving care as defined in paragraphs (c), (d) and (e) of\\nsubdivision three of section two hundred nine of the social services law\\nshall pay such facility at the rate provided for care and maintenance\\nunder the supplemental security income program for beneficiaries of that\\nprogram in the same facility, less the amount of any personal needs\\nallowance included in the supplemental security program. In addition,\\nsocial services districts shall provide such persons receiving safety\\nnet assistance with a personal needs allowance in the amount included in\\nthe supplemental security payment level as a personal needs allowance\\nfor recipients of that program residing in the particular facility.\\n 11. The provisions of section three hundred forty-nine-a of this\\narticle, with respect to victims of domestic violence, shall apply to\\napplicants for and recipients of safety net assistance to the same\\nextent as it applies to applicants for and recipients of family\\nassistance.\\n 12. To the extent allowable under federal law and to the extent that\\nthe state has spending sufficient to exceed the federally required\\nmaintenance of effort for the temporary assistance for needy families\\nblock grant, the office of temporary and disability assistance may\\nmaximize the state's work participation rate by targeting safety net\\nassistance payments utilized to meet the federally required maintenance\\nof effort for the temporary assistance for needy families block grant to\\nsafety net assistance cases that are not exempt from work activities,\\nthat have not been in sanction status for over three months, and that do\\nnot include two parents who are eligible for assistance who live in the\\nsame dwelling unit, or to other categories of cases, as defined by the\\noffice of temporary and disability assistance, that have no other\\npotential impediments to participating in countable federal work\\nactivities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "160-A", "title" : "Unexpended welfare balances", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "160-A", "activeDate" : "2014-09-22", "sequenceNo" : 248, "repealedDate" : null, "fromSection" : "160-A", "toSection" : "160-A", "text" : " § 160-a. Unexpended welfare balances. 1. Notwithstanding the\\nprovisions of any general special or local law, where a city is no\\nlonger responsible for the cost of public assistance or care or any form\\nthereof as provided by sections seventy-two and seventy-three of this\\nchapter or operates pursuant to section seventy-four-a of this chapter,\\nany unexpended city welfare funds not due and owing to the state or to a\\nsocial services district which shall remain in the treasury of such city\\non the first day of January of any year may be transferred, appropriated\\nand expended for any lawful city purpose.\\n 2. Notwithstanding the provisions of any general or special law, where\\na town is no longer responsible for the cost of any type of public\\nassistance or care, any unexpended town welfare funds which shall remain\\nin the hands of the supervisor or any other town officer on the first\\nday of January of any year and which are not due and owing to the state\\nor to a public welfare district may be transferred, appropriated and\\nexpended for any lawful town purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "163", "title" : "Application", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "163", "activeDate" : "2014-09-22", "sequenceNo" : 249, "repealedDate" : null, "fromSection" : "163", "toSection" : "163", "text" : " § 163. Application. The provisions of any city charter or other local\\nor special law forbidding the granting of outdoor relief shall not apply\\nto the granting of home relief under this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "165", "title" : "Recipients authorized to work", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "165", "activeDate" : "2014-09-22", "sequenceNo" : 250, "repealedDate" : null, "fromSection" : "165", "toSection" : "165", "text" : " § 165. Recipients authorized to work. Notwithstanding any other\\nprovision of law, a social services official may, in his or her\\ndiscretion, authorize a recipient of safety net assistance to work and\\nretain the income derived therefrom without any diminution or with\\npartial diminution of safety net assistance where such an arrangement\\nwould, in his or her opinion, lead to elimination of the recipient from\\nthe assistance rolls in a reasonable length of time. The commissioner\\nshall promulgate rules and regulations to effectuate the purpose of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T4", "title" : "Veteran Assistance", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 251, "repealedDate" : null, "fromSection" : "168", "toSection" : "178", "text" : " TITLE 4\\n VETERAN ASSISTANCE\\nSection 168. Definitions.\\n 169. Eligibility.\\n 170. Character.\\n 171. Responsibility; county social services districts; city\\n social services districts; cities; towns.\\n 172. Moneys to be provided.\\n 173. Election to administer veteran assistance by county\\n public welfare district; organization.\\n 174-b. Authorization of veteran assistance in towns.\\n 175. Administration of veteran assistance in New York city.\\n 176. Veteran advisory committees; duties.\\n 177. Care in public homes; consent of veteran or other\\n eligible persons.\\n 178. Veteran assistance financing; state reimbursement.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "168", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-15", "2020-11-13", "2021-11-19", "2022-04-22", "2023-04-07", "2024-11-15" ], "docLevelId" : "168", "activeDate" : "2023-04-07", "sequenceNo" : 252, "repealedDate" : null, "fromSection" : "168", "toSection" : "168", "text" : " § 168. Definitions. As used in this title:\\n 1. Veteran means a person, male or female, who has served in the armed\\nforces of the United States in time of war, or who was a recipient of\\nthe armed forces expeditionary medal, navy expeditionary medal or marine\\ncorps expeditionary medal for participation in operations in Lebanon\\nfrom June first, nineteen hundred eighty-three to December first,\\nnineteen hundred eighty-seven, in Grenada from October twenty-third,\\nnineteen hundred eighty-three to November twenty-first, nineteen hundred\\neighty-three, or in Panama from December twentieth, nineteen hundred\\neighty-nine to January thirty-first, nineteen hundred ninety, and who\\n(1) has been honorably discharged or released under honorable\\ncircumstances from such service or furloughed to the reserve, or (2) has\\na qualifying condition, as defined in section one of the veterans'\\nservices law, and has received a discharge other than bad conduct or\\ndishonorable from such service, or (3) is a discharged LGBT veteran, as\\ndefined in section one of the veterans' services law, and has received a\\ndischarge other than bad conduct or dishonorable from such service.\\n 2. In time of war means the periods herein set forth for the following\\nwars and conflicts:\\n (1) Civil war; from twentieth day of April, eighteen hundred sixty-one\\nto and including the ninth day of April, eighteen hundred sixty-five.\\n (2) Spanish-American war; from the twenty-first day of April, eighteen\\nhundred ninety-eight to and including the eleventh day of April,\\neighteen hundred ninety-nine.\\n (3) Philippine insurrection; from the eleventh day of April, eighteen\\nhundred ninety-nine to and including the fourth day of July, nineteen\\nhundred two.\\n (4) World war I; from the sixth day of April, nineteen hundred\\nseventeen to and including the eleventh day of November, nineteen\\nhundred eighteen.\\n (5) World war II; from the seventh day of December, nineteen hundred\\nforty-one to and including the thirty-first day of December, nineteen\\nhundred forty-six, or who was employed by the War Shipping\\nAdministration or Office of Defense Transportation or their agents as a\\nmerchant seaman documented by the United States Coast Guard or\\nDepartment of Commerce, or as a civil servant employed by the United\\nStates Army Transport Service (later redesignated as the United States\\nArmy Transportation Corps, Water Division) or the Naval Transportation\\nService; and who served satisfactorily as a crew member during the\\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\\nto August fifteenth, nineteen hundred forty-five, aboard merchant\\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\\nfurther to include \"near foreign\" voyages between the United States and\\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\\nin oceangoing service or foreign waters and who has received a\\nCertificate of Release or Discharge from Active Duty and a discharge\\ncertificate, or an Honorable Service Certificate/Report of Casualty,\\nfrom the Department of Defense or who served as a United States civilian\\nemployed by the American Field Service and served overseas under United\\nStates Armies and United States Army Groups in world war II during the\\nperiod of armed conflict, December seventh, nineteen hundred forty-one\\nthrough May eighth, nineteen hundred forty-five, and who (i) was\\ndischarged or released therefrom under honorable conditions, or (ii) has\\na qualifying condition, as defined in section one of the veterans'\\nservices law, and has received a discharge other than bad conduct or\\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\\nas defined in section one of the veterans' services law, and has\\nreceived a discharge other than bad conduct or dishonorable from such\\nservice, or who served as a United States civilian Flight Crew and\\nAviation Ground Support Employee of Pan American World Airways or one of\\nits subsidiaries or its affiliates and served overseas as a result of\\nPan American's contract with Air Transport Command or Naval Air\\nTransport Service during the period of armed conflict, December\\nfourteenth, nineteen hundred forty-one through August fourteenth,\\nnineteen hundred forty-five, and who (iv) was discharged or released\\ntherefrom under honorable conditions, or (v) has a qualifying condition,\\nas defined in section one of the veterans' services law, and has\\nreceived a discharge other than bad conduct or dishonorable from such\\nservice, or (vi) is a discharged LGBT veteran, as defined in section one\\nof the veterans' services law, and has received a discharge other than\\nbad conduct or dishonorable from such service.\\n (6) Korean conflict; from the twenty-seventh day of June, nineteen\\nhundred fifty to and including the thirty-first day of January, nineteen\\nhundred fifty-five.\\n (7) Viet Nam conflict; from the first of November, nineteen hundred\\nfifty-five to and including the seventh day of May, nineteen hundred\\nseventy-five.\\n (8) Persian Gulf conflict; from the second day of August, nineteen\\nhundred ninety to and including the end of such conflict.\\n 3. Veteran organization means the:\\n (a) Grand Army of the Republic;\\n (b) United Spanish War Veterans;\\n (c) American Legion;\\n (d) Disabled American Veterans;\\n (e) Veterans of Foreign Wars of the United States;\\n (f) Jewish War Veterans of the United States, Incorporated;\\n (g) Catholic War Veterans, Incorporated;\\n (h) Army and Navy Union of the United States;\\n (i) Italian American War Veterans of the United States, Incorporated;\\n (j) Polish Legion of American Veterans, Incorporated;\\n (k) The Marine Corps League;\\n (l) Military Order of the Purple Heart, Inc.;\\n (m) Amvets.\\n (n) American Veterans of World War II;\\n (o) Veterans of World War I, U.S.A., Inc.\\n (p) Polish-American Veterans of World War II;\\n (q) Masonic War Veterans of the state of N.Y., Inc.;\\n (r) American Gold Star Mothers, Inc.;\\n (s) Regular Veterans Association, Inc.;\\n (t) Vietnam Veterans of America;\\n (u) Eastern Paralyzed Veterans Association;\\n 4. Veteran assistance means safety net assistance given pursuant to\\nthe provisions of this title, to the persons eligible therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "169", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "169", "activeDate" : "2014-09-22", "sequenceNo" : 253, "repealedDate" : null, "fromSection" : "169", "toSection" : "169", "text" : " § 169. Eligibility. Each of the following persons who is a resident of\\nthe state on the date of making application for veteran assistance shall\\nbe eligible for such assistance if he or she is unable to provide for\\nhimself or herself, or is unable to secure support from a legally\\nresponsible relative, and is not receiving needed assistance or care\\nunder other provisions of this chapter, or from other sources:\\n 1. A veteran;\\n 2. The wife, husband, child or grandchild under the age of twenty-one\\nyears, father, mother, stepfather or stepmother of a veteran, if living\\nwith the veteran;\\n 3. The unremarried surviving spouse of a veteran;\\n 4. The dependent children under the age of twenty-one years or the\\nincapacitated children of a deceased veteran.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "170", "title" : "Character", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "170", "activeDate" : "2014-09-22", "sequenceNo" : 254, "repealedDate" : null, "fromSection" : "170", "toSection" : "170", "text" : " § 170. Character. Except as hereinafter otherwise prescribed, veteran\\nassistance shall be granted in cash provided, however, that in an\\nindividual case where the granting of cash may be deemed impracticable,\\nveteran assistance may be granted in whole or in part by order.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "171", "title" : "Responsibility; county social services districts; city social services districts; cities; towns", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "171", "activeDate" : "2014-09-22", "sequenceNo" : 255, "repealedDate" : null, "fromSection" : "171", "toSection" : "171", "text" : " § 171. Responsibility; county social services districts; city social\\nservices districts; cities; towns. 1. A county social services district\\nwhich has elected, pursuant to the provisions of this title, to\\nadminister veteran assistance shall be responsible for providing\\nveteran assistance, and the expense thereof, to:\\n (a) persons residing or found therein, subject to reimbursement by\\nthe state;\\n (b) persons residing or found in any town in the county, when the\\nexpense of providing safety net assistance to persons residing or found\\nin such towns is a county charge pursuant to the provisions of section\\nseventy-two and section seventy-three of this chapter;\\n (c) persons residing or found in a city forming part of the county\\nsocial services district, when the expense of providing safety net\\nassistance to persons residing or found in such city is a county charge\\npursuant to the provisions of section seventy-two and section\\nseventy-three of this chapter.\\n 2. A town responsible for the expense of providing safety net\\nassistance to persons residing or found therein, pursuant to section\\nsixty-nine, which has elected to administer veteran assistance, pursuant\\nto the provisions of this title, shall be responsible for providing\\nveteran assistance to local charges residing or found therein, and the\\nexpense thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "172", "title" : "Moneys to be provided", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "172", "activeDate" : "2014-09-22", "sequenceNo" : 256, "repealedDate" : null, "fromSection" : "172", "toSection" : "172", "text" : " § 172. Moneys to be provided. 1. The social services official of\\nevery county, city or town responsible for veteran assistance, under the\\nprovisions of this title, shall include in his or her annual estimate\\nfor safety net assistance the amount necessary to carry out the\\nprovisions of this title in such county, city or town.\\n 2. Legislative bodies shall make appropriations and raise money for\\nveteran assistance in the same manner as for safety net assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "173", "title" : "Election to administer veteran assistance by county public welfare district; organization", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "173", "activeDate" : "2014-09-22", "sequenceNo" : 257, "repealedDate" : null, "fromSection" : "173", "toSection" : "173", "text" : " § 173. Election to administer veteran assistance by county public\\nwelfare district; organization. 1. When a majority of the veteran\\norganizations in a county, by and through their respective county\\ndivisions, file with the clerk of the board of the supervisors of the\\ncounty, a petition addressed to the board of supervisors of the county\\nrequesting that veteran assistance be administered by such county, the\\nboard of supervisors may, by resolution passed by a majority vote,\\nestablish a division or bureau, or direct that a division or bureau be\\nestablished, within the county department of public welfare, and under\\nthe direction of the county commissioner of public welfare, for the\\npurpose of administering veteran assistance.\\n 2. In the event that the county board of supervisors shall pass such a\\nresolution, it shall also authorize and direct the county commissioner\\nof public welfare to appoint a veteran, as herein defined, as deputy\\ncommissioner or director of the veteran assistance division or bureau,\\nas the case may be.\\n 3. The county commissioner shall transfer to the veteran assistance\\ndivision or bureau so much of the staff of the county welfare department\\nas may be necessary or practicable to administer and execute the\\nfunctions, powers and duties assigned to such division or bureau.\\nOfficers and employees shall be transferred without further examination\\nor qualification and they shall retain their respective civil service\\nclassification and status. The civil service qualifications for all\\npositions in the veteran assistance division or bureau shall be the same\\nas required for the same or similar positions in the other divisions or\\nbureaus of the county department of welfare, except that the\\nqualifications for the position of the deputy commissioner or director,\\nas the case may be, shall also require that he be a veteran.\\n 4. The salaries or compensation paid to employees of the veteran\\nassistance division or bureau shall be subject to reimbursement by the\\nstate under the same terms and conditions as are applicable to other\\nemployees of the county department of public welfare under the\\nprovisions of this chapter.\\n 5. Upon recommendation of the county commissioner of public welfare,\\nthe county board of supervisors may authorize, by resolution passed by a\\nmajority vote, the veteran assistance division or bureau to administer,\\nin addition to veteran assistance, such other forms or categories of\\npublic assistance and care as may be practicable or necessary, provided\\nthat sufficient qualified staff shall be available for transfer or\\nassignment to the veteran assistance division or bureau to execute and\\nperform the additional functions and duties so assigned to such division\\nor bureau.\\n 6. The board of supervisors may also authorize the commissioner of\\npublic welfare to establish and operate a branch of the veteran\\nassistance division or bureau in each or any major population center in\\nthe county.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "174-B", "title" : "Authorization of veteran assistance in towns", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "174-B", "activeDate" : "2014-09-22", "sequenceNo" : 258, "repealedDate" : null, "fromSection" : "174-B", "toSection" : "174-B", "text" : " § 174-b. Authorization of veteran assistance in towns. 1. The town\\nboard of a town responsible for the expense of providing safety net\\nassistance to persons residing or found therein, upon the presentation\\nof a petition to it by one or more posts, camps or garrisons of one or\\nmore veteran organizations in the town, requesting that veteran\\nassistance be authorized by the local social services officer, may, by\\nresolution adopted by majority vote, authorize and direct the local\\nsocial services officer to authorize and furnish veteran assistance to\\npersons residing or found therein. Thereafter, the local social\\nservices officer shall have, exercise and perform the same powers and\\nduties with relation to veteran assistance as he has, exercises and\\nperforms with relation to safety net assistance.\\n 2. When the town board of a town has authorized and directed the local\\nsocial services officer to authorize and furnish veteran assistance, if\\nneither the local social services officer, or the supervisor of the town\\nauthorized to act as such official, nor the assistant local social\\nservices officer, if there be one, is a veteran, as herein defined, the\\ntown board may appoint, or authorize the local social services officer\\nto appoint, a veteran, as herein defined, as a deputy or assistant local\\nsocial service officer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "175", "title" : "Administration of veteran assistance in New York city", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "175", "activeDate" : "2014-09-22", "sequenceNo" : 259, "repealedDate" : null, "fromSection" : "175", "toSection" : "175", "text" : " § 175. Administration of veteran assistance in New York city. 1. In\\nthe city of New York, veteran assistance committee means each welfare\\ncommittee chosen by the county unit of each veteran organization.\\n 2. In the city of New York, veteran assistance shall be paid or\\ngranted direct to the beneficiaries by the commissioner of public\\nwelfare through the veterans division of the department of public\\nwelfare on a written recommendation signed by three members of the\\nveteran assistance committee of the county in which the applicant\\nresides.\\n 3. The comptroller of the city of New York shall, out of the amount\\nappropriated for such assistance, provide a cash fund to be placed under\\nthe control of the commissioner from which to pay such assistance, and\\nhe shall replenish said fund upon presentation of properly receipted\\nrecommendations by the county veteran assistance committees for the\\namounts paid out of said fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "176", "title" : "Veteran advisory committees; duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "176", "activeDate" : "2014-09-22", "sequenceNo" : 260, "repealedDate" : null, "fromSection" : "176", "toSection" : "176", "text" : " § 176. Veteran advisory committees; duties. 1. (a) In every county,\\ncity or town which has elected to furnish veteran assistance, pursuant\\nto the provisions of this title, in which there are more than one\\nveteran organization or more than one post, camp or garrison of any\\nveteran organization, there shall be appointed and constituted a joint\\nveteran assistance advisory committee to consist of one representative\\nfrom each post, camp and garrison of each such veteran organization,\\nchosen in such manner as the post, camp or garrison shall direct, to\\nserve for one year, commencing the first day of January. Each such\\ncommittee shall choose a chairman and such other officers as it may deem\\nnecessarry or require. In counties and cities the deputy commissioner\\nor director of the veteran assistance division or bureau of the public\\nwelfare department shall serve ex officio as secretary of the committee.\\nIn towns, the town welfare officer shall serve ex officio as such\\nsecretary, unless he is not a veteran and his deputy or assistant is a\\nveteran, in which case such deputy or assistant, as the case may be,\\nshall serve as such secretary.\\n (b) In any town which has elected to furnish veteran assistance\\npursuant to the provisions of this title, in which there is only one\\nveteran organization and only one post, camp or garrison thereof, such\\npost, camp or garrison shall constitute a veterans assistance advisory\\ncommittee, consisting of its chairman and two other representatives\\ndesignated by it, which committee shall serve for one year commencing\\nthe first day of January. The town welfare officer, his deputy or\\nassistant, if a veteran, shall serve ex officio as the secretary of the\\ncommittee; if neither be a veteran, the town welfare officer shall serve\\nas such secretary.\\n 2. All committees constituted under subdivision one of this section\\nshall have and perform the following functions and duties:\\n (a) (1) In the case of county or city committees, to submit to the\\npublic welfare official of the county or city in which it operates a\\nlist of veterans qualified to serve as deputy commissioner or director\\nof the veterans assistance division or bureau in the county or city\\ndepartment of welfare, as the case may be, whenever there be a vacancy\\nin that office.\\n (2) In the case of town committees, to submit to the town public\\nwelfare officer a list of veterans qualified to serve as his deputy or\\nassistant to furnish veteran assistance, whenever there be a vacancy in\\nthat office.\\n (b) To keep informed all posts, camps or garrisons of each veteran\\norganization in its territory concerning the administration of veteran\\nassistance and the activities of the veteran assistance division or\\nbureau.\\n (c) To transmit to the veteran assistance division, bureau or official\\nadministering veteran assistance in its territory, the views of the\\nveteran organizations operating in such territory.\\n (d) To advise the public welfare official of the county, city or town\\nadministering veteran assistance in its territory on matters relating to\\nassistance and care given to veterans and their families.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "177", "title" : "Care in public homes; consent of veteran or other eligible persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "177", "activeDate" : "2014-09-22", "sequenceNo" : 261, "repealedDate" : null, "fromSection" : "177", "toSection" : "177", "text" : " § 177. Care in public homes; consent of veteran or other eligible\\npersons. Any person eligible for veteran assistance may receive care in\\na public home with his consent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "178", "title" : "Veteran assistance financing; state reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "178", "activeDate" : "2014-09-22", "sequenceNo" : 262, "repealedDate" : null, "fromSection" : "178", "toSection" : "178", "text" : " § 178. Veteran assistance financing; state reimbursement. All\\nprovisions of this chapter or of any other law relating to the financing\\nof safety net assistance by counties, cities and towns, or reimbursement\\nby the state for safety net assistance expenditures made by counties,\\ncities and towns, shall apply with the same force and effect to veteran\\nassistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T5", "title" : "Public Institutional Care For Adults", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "5", "activeDate" : "2021-08-13", "sequenceNo" : 263, "repealedDate" : null, "fromSection" : "193", "toSection" : "202", "text" : " TITLE 5\\n PUBLIC INSTITUTIONAL CARE\\n FOR ADULTS\\nSection 193. Public homes.\\n 194. Powers and duties of commissioners of public welfare in\\n relation to public homes.\\n 194-a. Additional power of work assignment granted to\\n commissioner of public welfare of Monroe county.\\n 195. Medical care.\\n 196. Report on needs of incarcerated individuals of public\\n homes.\\n 197. Incarcerated individuals' right of appeal.\\n 198. Control of incarcerated individuals.\\n 199. Power of commissioner of public welfare to detain certain\\n incarcerated individuals.\\n 200. Powers and duties of the commissioner of public welfare\\n in relation to the public farm.\\n 202. Construction and administration of public homes.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "193", "title" : "Public homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "193", "activeDate" : "2014-09-22", "sequenceNo" : 264, "repealedDate" : null, "fromSection" : "193", "toSection" : "193", "text" : " § 193. Public homes. 1. Each public welfare district may establish and\\nmaintain a public home, which may include an infirmary for the care of\\nchronically sick patients in addition to facilities for the care of\\nacutely ill patients, and may operate a farm in connection therewith, or\\nmay contract with another public welfare district for the care and\\nmaintenance of persons in need of institutional care who are unable to\\npay for such care. If facilities are available in a public home the\\ncommissioner of public welfare may establish regulations authorizing the\\nadmission and care therein of persons in need of institutional care who\\nare able and willing to pay, in whole or in part for such care and\\nprescribing the conditions under which such admissions may be made. A\\nperson in need of institutional care who is unable to pay therefor shall\\nnot be refused care in the public home operated and maintained by the\\npublic welfare district in which he resides or is found, when persons\\nable to pay for their care are receiving care in such home.\\n 2. If the state commissioner of social welfare shall approve, a public\\nwelfare district may use a building or buildings formerly used as a\\ntuberculosis hospital or sanatorium, or as a part thereof, for a public\\nhome, a public home infirmary or an infirmary of a public home.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "194", "title" : "Powers and duties of commissioners of public welfare in relation to public homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13", "2022-08-19" ], "docLevelId" : "194", "activeDate" : "2022-08-19", "sequenceNo" : 265, "repealedDate" : null, "fromSection" : "194", "toSection" : "194", "text" : " § 194. Powers and duties of commissioners of public welfare in\\nrelation to public homes. Commissioners of public welfare shall\\n 1. be responsible for the management of the home and for the care of\\nits incarcerated individuals,\\n 2. have control of the admission and discharge of incarcerated\\nindividuals of the home,\\n 3. within the limits of the appropriations made for the purpose,\\nappoint qualified physicians, matrons, nurses, officers and employees,\\nand vest in them such powers as he may deem necessary for the management\\nof the home,\\n 3-a. have the authority, in the event the home includes an infirmary\\nfor the care of chronically sick patients, to enter into contracts,\\nsubject to the written approval of the department, with any medical\\nschool or non-profit hospital, organized pursuant to the laws of the\\nstate of New York, whereby such medical school or non-profit hospital\\nshall agree to provide and supervise all or part of the professional and\\nrelated staff necessary for the operation of the infirmary. The\\npersonnel so provided by such medical school or non-profit hospital\\nshall not be deemed to be employees of the public welfare district.\\n 4. purchase all furniture, implements, food, materials and equipment\\nnecessary for the upkeep of the home and for the care of the needy in\\nthe home, unless such powers have been vested in some other purchasing\\nagency,\\n 5. classify the incarcerated individuals of the home, and provide the\\ntype of care best fitted to their needs and carry out the\\nrecommendations of the attending physician in regard to their care,\\n 6. establish rules for the administration of the public home and for\\nthe conduct and employment of the incarcerated individuals thereof; but\\nsuch rules shall not be valid unless approved in writing by the\\ndepartment,\\n 7. as far as practicable provide suitable employment for any\\nincarcerated individual whom the attending physician pronounces able to\\nwork, assigning such incarcerated individuals to such labor in\\nconnection with the farm and garden, or the care and upkeep of the\\nbuildings or other suitable tasks in the public home as they may be\\ndeemed capable of performing, and providing occupational and other\\ndiversions as may be for the best interests of the incarcerated\\nindividuals,\\n 8. when in their individual judgment and discretion it appears\\nadvisable, for purposes of rehabilitation, to provide incentive\\ncompensation to an incarcerated individual, in any amount or amounts\\ntotalling ten dollars or less per month, for work assigned and performed\\nin or about the public home, farm and garden; but the payment of any\\nsuch reward shall not be deemed, for the purposes of any law, to make\\nthe incarcerated individual receiving the same an employee of the public\\nhome or of the county or city maintaining such home,\\n 8-a. deposit as prescribed in section eighty-seven of this chapter,\\nany and all moneys received by him or her for the use of a particular\\nincarcerated individual or incarcerated individuals of the public home,\\n 9. when an appropriation is made for the purpose, appoint a\\nsuperintendent of the public home who shall reside thereat and exercise\\nsuch of the powers and carry out such of the duties above mentioned in\\nconnection with the public home as the commissioner may direct;\\nprovided, however, that the legislative body of the county or city\\nwithin which a public welfare district is located may, if adequate\\nsupervisory personnel are on duty at all times, permit the\\nsuperintendent to reside off the premises of the public home,\\n 10. reside at the public home unless a superintendent has been\\nappointed as above provided; provided, however, that the local\\nlegislative body of the county or city within which a public welfare\\ndistrict is located may, if adequate supervisory personnel are on duty\\nat all times, permit the commissioner to reside off the premises of the\\npublic home.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "194-A", "title" : "Additional power of work assignment granted to commissioner of public welfare of Monroe county", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "194-A", "activeDate" : "2021-08-13", "sequenceNo" : 266, "repealedDate" : null, "fromSection" : "194-A", "toSection" : "194-A", "text" : " § 194-a. Additional power of work assignment granted to commissioner\\nof public welfare of Monroe county. When, pursuant to the provisions of\\nsubdivision eight of section one hundred ninety-four of this title, the\\ncommissioner of public welfare of Monroe county deems it advisable to\\nassign work to an incarcerated individual, such work may be assigned and\\nperformed in or about not only the public home, farm and garden but also\\nany other property maintained under his supervision. The payment of any\\nreward pursuant to such subdivision eight shall not be deemed, for the\\npurposes of any law, to make the incarcerated individual receiving the\\nsame an employee of the public home or of the county or city maintaining\\nsuch home or such other property maintained under the commissioner's\\njurisdiction.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "195", "title" : "Medical care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "195", "activeDate" : "2021-08-13", "sequenceNo" : 267, "repealedDate" : null, "fromSection" : "195", "toSection" : "195", "text" : " § 195. Medical care. 1. Each incarcerated individual shall be examined\\nby the attending physician or physicians as soon after admission to the\\npublic home as practicable.\\n 2. A medical record shall be kept for each incarcerated individual, in\\nwhich shall be recorded his or her condition on admission, the\\nphysician's recommendation of the type of care to be given him or her\\nand any medical attention given to the incarcerated individual\\nsubsequent to the examination on admission.\\n 3. The physician shall be responsible for the medical care given\\nincarcerated individuals who are ill, and shall give such orders as he\\nconsiders necessary for their welfare. He or she shall (a) visit the\\npublic home at regular intervals and shall re-examine the incarcerated\\nindividuals periodically, as the need of the incarcerated individuals\\nmay require,\\n (b) also visit the public home, on call of the superintendent, in case\\nof the illness of any incarcerated individual,\\n (c) make such recommendations to the commissioner of public welfare as\\nto changes, improvements and additional equipment as he may deem\\nnecessary for the adequate care of the incarcerated individuals of such\\nhome.\\n 4. Any physician who accepts an appointment as attending physician to\\nthe incarcerated individuals of a public home shall be obligated to\\ncarry out the provisions of this section. The commissioner may dismiss\\nan attending physician who fails to fulfill such duties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "196", "title" : "Report on needs of incarcerated individuals of public homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "196", "activeDate" : "2021-08-13", "sequenceNo" : 268, "repealedDate" : null, "fromSection" : "196", "toSection" : "196", "text" : " § 196. Report on needs of incarcerated individuals of public homes. It\\nshall be the duty of the commissioner of public welfare to report to the\\nlegislative body as to the needs of the home and to make recommendations\\nof any changes, improvements, additional equipment or other provision\\nwhich he or she may consider necessary to provide adequate care for the\\nincarcerated individuals.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "197", "title" : "Incarcerated individuals' right of appeal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "197", "activeDate" : "2021-08-13", "sequenceNo" : 269, "repealedDate" : null, "fromSection" : "197", "toSection" : "197", "text" : " § 197. Incarcerated individuals' right of appeal. Any incarcerated\\nindividual of a public home, who considers himself or herself to have a\\ncause for complaint against any officer or employee of the public home,\\nshall have the right of appeal to the superintendent of the public home,\\nand to the commissioner of public welfare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "198", "title" : "Control of incarcerated individuals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "198", "activeDate" : "2021-08-13", "sequenceNo" : 270, "repealedDate" : null, "fromSection" : "198", "toSection" : "198", "text" : " § 198. Control of incarcerated individuals. If any incarcerated\\nindividual shall wilfully disobey the rules of the home in such a way as\\nto be detrimental to the welfare of the other incarcerated individuals,\\nthe commissioner may institute a proceeding in a court of competent\\njurisdiction against such incarcerated individual for disorderly\\nconduct.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "199", "title" : "Power of commissioner of public welfare to detain certain incarcerated individuals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13", "2022-07-29" ], "docLevelId" : "199", "activeDate" : "2022-07-29", "sequenceNo" : 271, "repealedDate" : null, "fromSection" : "199", "toSection" : "199", "text" : " § 199. Power of commissioner of public welfare to detain certain\\nincarcerated individuals. The commissioner of public welfare shall have\\npower to detain in the public home, pending a vacancy for such person in\\na state institution, a person over the age of sixteen who has been\\ncertified as an individual with a developmental disability in accordance\\nwith the provisions of the mental hygiene law and for whom an\\napplication for admission to a state institution has been made. Whenever\\nthe commissioner shall so detain an incarcerated individual in the\\npublic home he or she shall at once notify the state department of\\nmental hygiene.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "200", "title" : "Powers and duties of the commissioner of public welfare in relation to the public farm", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "200", "activeDate" : "2021-08-13", "sequenceNo" : 272, "repealedDate" : null, "fromSection" : "200", "toSection" : "200", "text" : " § 200. Powers and duties of the commissioner of public welfare in\\nrelation to the public farm. If the legislative body of a public welfare\\ndistrict shall authorize the maintenance of a public farm in connection\\nwith the public home, the commissioner of public welfare shall\\n 1. be responsible for the management of the public farm,\\n 2. utilize the labor of such of the incarcerated individuals of the\\npublic home as may in the judgment of the attending physician be able to\\nwork on the farm,\\n 3. make all purchases necessary for the operation of the public farm\\nunless such powers have been vested in some other purchasing agency,\\n 4. sell such surplus produce and proceeds of such farm and labor as\\nmay remain after the needs of the incarcerated individuals of the public\\nhome have been supplied,\\n 5. employ, within the limits of the appropriation made for the\\npurpose, such laborers as may be necessary for the management of the\\nfarm,\\n 6. keep a record of the work of the farm, including the labor of the\\nincarcerated individuals of the public home on the farm and of the\\nproduce and proceeds of the farm supplied for the use of the public\\nhome, with the estimated value of such produce and proceeds,\\n 7. when an appropriation has been made for the purpose, appoint an\\nofficer who shall be responsible for exercising such of the powers and\\ncarrying out such of the duties above mentioned as the commissioner may\\ndirect,\\n 8. make an annual report to the legislative body in regard to the\\nreceipts and disbursements of the public farm and the cost of its\\noperation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "202", "title" : "Construction and administration of public homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "202", "activeDate" : "2014-09-22", "sequenceNo" : 273, "repealedDate" : null, "fromSection" : "202", "toSection" : "202", "text" : " § 202. Construction and administration of public homes. 1. No building\\nto be used as a public home shall be constructed, or remodeled, in whole\\nor in part, except on plans and designs approved in writing by the\\ndepartment provided that such approval in writing in the city of New\\nYork shall be by the mayor of said city, and except that plans and\\ndesigns for the construction of or remodeling in whole or in part of a\\npublic home infirmary, or the infirmary of a public home, shall be\\napproved in accordance with the provisions of article twenty-eight of\\nthe public health law.\\n 2. It shall be the duty of the department to send to the legislative\\nbody and the public welfare official in charge of a public home a\\nwritten statement as to any abuses, defects or evils, which it may find\\nin the public home or in the administration thereof, and such\\nlegislative body and official shall take action to remedy such condition\\nin accordance with such advice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T6", "title" : "Additional State Payments For Eligible Aged, Blind and Disabled Persons", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 274, "repealedDate" : null, "fromSection" : "207", "toSection" : "212", "text" : " TITLE 6\\n ADDITIONAL STATE PAYMENTS FOR ELIGIBLE AGED,\\n BLIND AND DISABLED PERSONS\\nSection 207. Declaration of purpose.\\n 208. Definitions.\\n 209. Eligibility.\\n 210. Mandatory minimum state supplementation.\\n 211. Agreements for federal administration.\\n 212. Responsibility; financing.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "207", "title" : "Declaration of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "207", "activeDate" : "2014-09-22", "sequenceNo" : 275, "repealedDate" : null, "fromSection" : "207", "toSection" : "207", "text" : " § 207. Declaration of purpose. The legislature hereby declares its\\ncommitment to meeting the income needs of aged, blind and disabled\\npersons who are receiving basic supplemental security income benefits or\\nwhose income and resources, though above the standard of need for the\\nsupplemental security income program, is not sufficient to meet those\\nneeds. In order to maintain assistance for such persons at a level\\nconsistent with their needs, and in order to fully employ available\\nfederal aid for the benefit of such persons residing in this state,\\nthere is hereby established a state-wide program of additional state\\npayments for aged, blind and disabled persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "208", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "208", "activeDate" : "2014-09-22", "sequenceNo" : 276, "repealedDate" : null, "fromSection" : "208", "toSection" : "208", "text" : " § 208. Definitions. When used in this title:\\n 1. \"Supplemental security income benefits\" shall mean payments made by\\nthe secretary of the federal department of health, education and welfare\\nto aged, blind and disabled persons pursuant to title sixteen of the\\nfederal social security act.\\n 2. \"Additional state payments\" shall mean payments made to aged, blind\\nand disabled persons who are receiving, or who would but for their\\nincome be eligible to receive, federal supplemental security income\\nbenefits, whether made by the office of temporary and disability\\nassistance in accordance with the provisions of this title and with\\ntitle sixteen of the federal social security act, or by the commissioner\\nof the United States social security administration, pursuant to and in\\naccordance with the provisions of this title, title sixteen of the\\nfederal social security act, and provisions of any agreement entered\\ninto between the state and such commissioner by which the commissioner\\nagrees to administer such additional state payments on behalf of the\\nstate. Such payments are equal to the standard of need, less the greater\\nof the federal benefit rate or countable income. For purposes of this\\ntitle, the \"federal benefit rate\" shall mean the maximum payment of\\nsupplemental security income payable to a person or couple with no\\ncountable income.\\n 3. The \"secretary\" shall mean the secretary of the federal department\\nof health, education and welfare.\\n 4. A \"blind person\" shall mean a person who has central visual acuity\\nof 20/200 or less in the better eye with the use of a correcting lens.\\nAn eye which is accompanied by a limitation in the fields of vision such\\nthat the widest diameter of the visual field subtends an angle no\\ngreater than twenty degrees shall be considered, for the purposes of the\\nfirst sentence of this subdivision, as having a central visual acuity of\\n20/200 or less.\\n 5. A \"disabled person\" shall mean a person who is unable to engage in\\nany substantial gainful activities by reason of any medically\\ndeterminable physical or mental impairment which can be expected to\\nresult in death or which has lasted or can be expected to last for a\\ncontinuous period of not less than twelve months; or who, in the case of\\na child under the age of eighteen, suffers from any medically\\ndeterminable physical or mental impairment of comparable severity.\\n 6. \"Countable income\" shall mean all of a person's income, in cash or\\nin kind, both earned and unearned, which is not excluded by federal law\\nor regulations or by regulations of the department in determining the\\nneed of an individual for supplemental security income benefits or\\nadditional state payments, including the income of an individual's\\neligible spouse, and, if the individual is a child, certain income of\\nsuch individual's parent or parents with whom he resides.\\n 7. \"Earned income\" shall mean wages and earnings from self-employment\\nin accordance with the regulations of the department.\\n 8. \"Unearned income\" shall mean all other income, in accordance with\\nthe regulations of the department.\\n 9. \"Countable resources\" shall mean cash or other liquid assets or any\\nreal or personal property that an individual or couple owns and could\\nconvert to cash to be used for his or their support and maintenance,\\nwhich is not excluded by federal law or regulations or by regulations of\\nthe department in the determination of the need of an individual for\\nsupplemental security income benefits or additional state payments.\\n 10. An \"eligible individual\" shall mean a person who is eligible to\\nreceive additional state payments pursuant to section two hundred nine\\nof this title.\\n 11. An \"eligible couple\" shall mean an eligible individual and his or\\nher aged, blind or disabled spouse, who are living together or who are\\nliving apart but have been living apart for less than six months.\\n 12. The term \"standard of need\" shall refer solely to the maximum\\nlevel of income a person or couple may have and remain eligible for\\nadditional state payments under this title. The term applies solely to\\nthe program of additional state payments and has no application to any\\nother program or benefit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "209", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09", "2015-04-24", "2016-01-08", "2016-04-08", "2017-01-13", "2017-04-28", "2017-08-04", "2018-01-05", "2018-04-27", "2019-01-18", "2019-04-19", "2019-12-20", "2020-01-10", "2020-04-17", "2021-01-08", "2021-04-23", "2021-07-30", "2022-01-07", "2022-04-15", "2022-07-29", "2022-12-16", "2023-01-06", "2023-05-12", "2023-06-23", "2024-01-05", "2024-04-26", "2025-01-03", "2025-05-16", "2026-01-02", "2026-01-30", "2026-06-05" ], "docLevelId" : "209", "activeDate" : "2023-05-12", "sequenceNo" : 277, "repealedDate" : null, "fromSection" : "209", "toSection" : "209", "text" : " § 209. Eligibility. 1. (a) Notwithstanding any law to the contrary, no\\nperson shall be eligible for any payment pursuant to this title who is\\nineligible for supplemental security income for any reason other than\\nhaving countable income exceeding the federal benefit rate for such\\nprogram. An individual shall be eligible to receive additional state\\npayments if he or she has applied for supplemental security income\\nbenefits, has received a determination with respect to such application\\nand:\\n (i) is over sixty-five years of age, or is blind or disabled; and\\n (ii) does not have countable income in an amount equal to or greater\\nthan the standard of need established in subdivision two of this\\nsection; and\\n (iii) does not have countable resources in an amount equal to or\\ngreater than the amount of resources an individual or couple may have\\nand remain eligible for supplemental security income benefits pursuant\\nto federal law and regulations of the department; and\\n (iv) is a resident of the state and is either a citizen of the United\\nStates or is not a noncitizen who is or would be ineligible for federal\\nsupplemental security income benefits solely by reason of noncitizen\\nstatus.\\n (b) A person who is properly receiving supplemental security income\\nbenefits shall be deemed to have met the eligibility criteria contained\\nin subparagraphs (i), (ii) and (iii) of paragraph (a) of this\\nsubdivision.\\n (c) A person who, for the month of December, nineteen hundred\\nseventy-three, properly received a grant of assistance under the state's\\nprogram of old age assistance, assistance to the blind, aid to the\\ndisabled or the combined program of aid to aged, blind and disabled\\npersons, shall be deemed to have met the eligibility criteria of this\\nsubdivision; provided, however, that a disabled person who did not also\\nreceive such a grant for any month prior to July, nineteen hundred\\nseventy-three, shall not be deemed to have met such eligibility criteria\\nunder this paragraph. A person who is deemed eligible under this\\nparagraph shall continue to be deemed to meet the eligibility criteria\\nof this subdivision so long as he continues to be blind or disabled, as\\nthe case may be, pursuant to state standards in effect for October,\\nnineteen hundred seventy-two, and so long as he continues to reside in\\nthe state.\\n (d) Any inconsistent provision of this title notwithstanding, an\\nindividual shall not be eligible for additional state payments with\\nrespect to any month, if throughout such month, (i) he is an inmate of a\\npublic institution, or (ii) he is an inmate in a medical facility which\\nis receiving medical assistance payments for him at a level exceeding\\nfifty per cent of the cost of his care, or (iii) he is an inmate in a\\nmedical facility which is not certified under the state's medical\\nassistance program. Nor shall an individual be eligible for additional\\nstate payments for any month in which he is ineligible for supplemental\\nsecurity income benefits because of a failure to file for other\\nnon-public assistance benefits to which he might be entitled, or because\\nof a refusal to participate in treatment for drug addiction or\\nalcoholism or because he has remained outside the United States for all\\nof such month, or because he has refused vocational rehabilitation.\\n 2. The following amounts shall be the standard of monthly need for\\ndetermining eligibility for and the amount of additional state payments,\\ndepending on the type of living arrangement and the geographic area in\\nwhich the eligible individual or the eligible couple resides:\\n * (a) On and after January first, two thousand twenty-two, for an\\neligible individual living alone, $928.00; and for an eligible couple\\nliving alone, $1,365.00.\\n * NB Effective until December 31, 2023\\n * (a) On and after January first, two thousand twenty- three, for an\\neligible individual living alone, $1,001.00; and for an eligible couple\\nliving alone, $1,475.00.\\n * NB Effective December 31, 2023\\n * (b) On and after January first, two thousand twenty-two, for an\\neligible individual living with others with or without in-kind income,\\n$864.00; and for an eligible couple living with others with or without\\nin-kind income, $1,307.00.\\n * NB Effective until December 31, 2023\\n * (b) On and after January first, two thousand twenty-three, for an\\neligible individual living with others with or without in-kind income,\\n$937.00; and for an eligible couple living with others with or without\\nin-kind income, $1,417.00.\\n * NB Effective December 31, 2023\\n * (c) On and after January first, two thousand twenty-two, (i) for an\\neligible individual receiving family care, $1,107.48 if he or she is\\nreceiving such care in the city of New York or the county of Nassau,\\nSuffolk, Westchester or Rockland; and (ii) for an eligible couple\\nreceiving family care in the city of New York or the county of Nassau,\\nSuffolk, Westchester or Rockland, two times the amount set forth in\\nsubparagraph (i) of this paragraph; or (iii) for an eligible individual\\nreceiving such care in any other county in the state, $1,069.48; and\\n(iv) for an eligible couple receiving such care in any other county in\\nthe state, two times the amount set forth in subparagraph (iii) of this\\nparagraph.\\n * NB Effective until December 31, 2023\\n * (c) On and after January first, two thousand twenty-three, (i) for\\nan eligible individual receiving family care, $1,180.48 if he or she is\\nreceiving such care in the city of New York or the county of Nassau,\\nSuffolk, Westchester or Rockland; and (ii) for an eligible couple\\nreceiving family care in the city of New York or the county of Nassau,\\nSuffolk, Westchester or Rockland, two times the amount set forth in\\nsubparagraph (i) of this paragraph; or (iii) for an eligible individual\\nreceiving such care in any other county in the state, $1,142.48; and\\n(iv) for an eligible couple receiving such care in any other county in\\nthe state, two times the amount set forth in subparagraph (iii) of this\\nparagraph.\\n * NB Effective December 31, 2023\\n * (d) On and after January first, two thousand twenty-two, (i) for an\\neligible individual receiving residential care, $1,276.00 if he or she\\nis receiving such care in the city of New York or the county of Nassau,\\nSuffolk, Westchester or Rockland; and (ii) for an eligible couple\\nreceiving residential care in the city of New York or the county of\\nNassau, Suffolk, Westchester or Rockland, two times the amount set forth\\nin subparagraph (i) of this paragraph; or (iii) for an eligible\\nindividual receiving such care in any other county in the state,\\n$1,246.00; and (iv) for an eligible couple receiving such care in any\\nother county in the state, two times the amount set forth in\\nsubparagraph (iii) of this paragraph.\\n * NB Effective until December 31, 2023\\n * (d) On and after January first, two thousand twenty-three, (i) for\\nan eligible individual receiving residential care, $1,349.00 if he or\\nshe is receiving such care in the city of New York or the county of\\nNassau, Suffolk, Westchester or Rockland; and (ii) for an eligible\\ncouple receiving residential care in the city of New York or the county\\nof Nassau, Suffolk, Westchester or Rockland, two times the amount set\\nforth in subparagraph (i) of this paragraph; or (iii) for an eligible\\nindividual receiving such care in any other county in the state,\\n$1,319.00; and (iv) for an eligible couple receiving such care in any\\nother county in the state, two times the amount set forth in\\nsubparagraph (iii) of this paragraph.\\n * NB Effective December 31, 2023\\n * (e) On and after January first, two thousand twenty-two, (i) for an\\neligible individual receiving enhanced residential care, $1,535.00; and\\n(ii) for an eligible couple receiving enhanced residential care, two\\ntimes the amount set forth in subparagraph (i) of this paragraph.\\n * NB Effective until December 31, 2023\\n * (e) On and after January first, two thousand twenty-three, (i) for\\nan eligible individual receiving enhanced residential care, $1,608.00;\\nand (ii) for an eligible couple receiving enhanced residential care, two\\ntimes the amount set forth in subparagraph (i) of this paragraph.\\n * NB Effective December 31, 2023\\n * (f) The amounts set forth in paragraphs (a) through (e) of this\\nsubdivision shall be increased to reflect any increases in federal\\nsupplemental security income benefits for individuals or couples which\\nbecome effective on or after January first, two thousand twenty-three\\nbut prior to June thirtieth, two thousand twenty-three.\\n * NB Effective until December 31, 2023\\n * (f) The amounts set forth in paragraphs (a) through (e) of this\\nsubdivision shall be increased to reflect any increases in federal\\nsupplemental security income benefits for individuals or couples which\\nbecome effective on or after January first, two thousand twenty-four but\\nprior to June thirtieth, two thousand twenty-four.\\n * NB Effective December 31, 2023\\n 2-a. Notwithstanding any inconsistent provision of subparagraph (ii)\\nof paragraph (d) of subdivision one of this section, an individual who\\nis receiving or is eligible to receive federal supplemental security\\nincome payments and/or additional state payments and who is a resident\\nof a residential health care facility as defined by section twenty-eight\\nhundred one of the public health law, shall, in accordance with\\nregulations of the department, be entitled to a state payment for\\npersonal needs in the amount of fifteen dollars a month, provided,\\nhowever, that on or after January first, nineteen hundred eighty-eight\\nthe state payment for personal needs for such persons shall be in the\\namount of twenty-five dollars a month. Notwithstanding any inconsistent\\nprovision of subparagraph (ii) of paragraph (d) of subdivision one of\\nthis section, on or after January first, nineteen hundred eighty-eight,\\na resident of an intermediate care facility operated or issued an\\noperating certificate by the office for people with developmental\\ndisabilities or a patient of a hospital operated by the office of mental\\nhealth as defined in subdivision ten of section 1.03 of the mental\\nhygiene law who is receiving or is eligible to receive supplemental\\nsecurity income payments and/or additional state payments shall receive\\na state payment for personal needs in the amount of five dollars a\\nmonth. The department is authorized to promulgate necessary regulations\\nto provide for the time and manner for payment of such personal\\nallowance to such individuals.\\n 3. As used in subdivision two of this section:\\n (a) \"Living alone\" shall mean living in a private household composed\\nof one eligible individual or one eligible couple.\\n (b) \"Living with others\" shall mean living in a private household\\ncomposed of an eligible individual or couple and at least one other\\nperson; or, with respect to any child who is not the head of a household\\nand who is under the age of eighteen, or under the age of twenty-two if\\nattending school, any living arrangement other than residential care in\\na facility operated or licensed by an office of the department of mental\\nhygiene.\\n * (c) \"Receiving family care\" shall mean residing in a family type\\nhome for adults which is certified by the department and supervised by a\\nsocial services district, in accordance with applicable provisions of\\nlaw and regulations, or a family care home certified by the appropriate\\noffice of the department of mental hygiene, in accordance with\\napplicable provisions of law and regulations or participating in a\\nfoster family care demonstration program pursuant to section three\\nhundred sixty-four-h of this chapter.\\n * NB Effective until December 31, 2025\\n * (c) \"Receiving family care\" shall mean residing in a family type\\nhome for adults which is certified by the department and supervised by a\\nsocial services district, in accordance with applicable provisions of\\nlaw and regulations, or a family care home certified by the appropriate\\noffice of the department of mental hygiene, in accordance with\\napplicable provisions of law and regulations.\\n * NB Effective December 31, 2025\\n (d) \"Receiving residential care\" shall mean residing in a residence\\nfor adults or a privately operated community residence, residential\\nsubstance abuse treatment program or community residential facility for\\nalcoholism, certified by the appropriate office of the department of\\nmental hygiene; or a residential care center for adults certified by the\\noffice of mental health, in accordance with applicable law and\\nregulations. For the purpose of this paragraph, a person receiving care\\nin an intermediate care facility, certified by the department of health\\nor by the appropriate office of the department of mental hygiene, or\\nreceiving respite services shall not be deemed to be receiving\\nresidential care.\\n (e) \"Receiving enhanced residential care\" shall mean residing in a\\nprivately operated school for individuals with developmental\\ndisabilities which is certified by the office for people with\\ndevelopmental disabilities of the department of mental hygiene, in\\naccordance with applicable provisions of law and regulations or an adult\\nhome, or enriched housing program certified by the department of health\\nin accordance with applicable law, rules and regulations to the extent\\npermitted by federal law and regulations.\\n 4. An eligible individual or an eligible couple shall be entitled to\\nreceive monthly an additional state payment in an amount equal to the\\ndifference between the monthly standard of need applicable to such\\nindividual or couple and the sum of such individual's or couple's\\nsupplemental security income benefit plus countable income.\\n 5. If necessary in order to comply with or reflect changes in federal\\nlaw, or to take full advantage of available federal funding for the\\npurposes of this title, or to remain qualified for federal funding under\\nany other program, the department may, by regulation, with the approval\\nof the director of the budget, change the amounts specified as the\\nstandard of need in subdivision two of this section, or provide that any\\nportion of the supplemental security income benefit be disregarded in\\ndetermining the amount of the additional state payment. Any such change\\nin the amounts of the standards of need or in the amounts to be so\\ndisregarded shall remain effective only until the first day of July of\\nthe year next succeeding the year in which such change is to take\\neffect, unless such change is enacted into law prior to such date.\\n 6. (a) As applicable federal law, rules and regulations so provide, a\\nrecipient of supplemental security income benefits or medical assistance\\nin the state of New York or any other state may establish an irrevocable\\ntrust fund for the exclusive purpose of their or a family member's\\nfuneral and burial. Such trust fund and any accumulated interest not\\nwithdrawn by the recipient shall remain the responsibility of the\\nfuneral firm, funeral director, undertaker, cemetery or any other\\nperson, firm or corporation to whom such payment is made to administer\\nfor funeral and burial expenses of the recipient. Those persons who\\nestablish such a trust fund shall be given the opportunity to select the\\nfuneral firm, funeral director, undertaker, cemetery or any other\\nperson, firm or corporation to whom such payment is made of their choice\\nto provide for their or a family member's burial arrangements and to\\nchange such selection at any time to any funeral firm, funeral director,\\nundertaker, cemetery or any other person, firm or corporation to whom\\nsuch payment is made, located either in the state of New York or any\\nother state. Any such change of funeral firm, funeral director,\\nundertaker, cemetery, or any other person, firm or corporation to whom\\nsuch payment is made, must be carried out within ten business days\\nfollowing receipt of a request by the purchaser to the funeral firm,\\nfuneral director, undertaker, cemetery, or any other person, firm or\\ncorporation to whom such payment is made with which the current trust\\nfund was established. Funds in such trust fund shall be placed in an\\ninterest bearing account pursuant to section four hundred fifty-three of\\nthe general business law. Accumulated interest from such account shall\\nnot be reported as \"countable income\" pursuant to section two hundred\\neight of this title.\\n (b) An applicant for or a recipient of medical assistance in the state\\nof New York or any other state who enters into an agreement pursuant to\\nsection four hundred fifty-three of the general business law for their\\nown benefit or for the benefit of a family member shall establish a\\nsingle irrevocable trust fund for each such beneficiary pursuant to\\nparagraph (a) of this subdivision.\\n (c) A funeral firm, funeral director, undertaker, cemetery, or any\\nother person, firm or corporation which makes an agreement for and\\naccepts payment for such an irrevocable trust fund, shall comply with\\nthe provisions of section four hundred fifty-three of the general\\nbusiness law, and shall include the following statement in any such\\nagreement in conspicuous print of at least twelve point type:\\n DISCLOSURE\\n NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS\\nFOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO\\nHUNDRED NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER\\nSECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR THE\\nMONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL\\nAND BURIAL EXPENSES. WHETHER THIS AGREEMENT IS FOR YOUR FUNERAL AND\\nBURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY MONEY IS LEFT\\nOVER AFTER YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO\\nTO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT ANY TIME.\\nIF THIS AGREEMENT IS FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY\\nMEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY CHANGE THE CHOICE OF\\nFUNERAL HOME AT ANY TIME.\\n (d) Any promotional literature prepared after January first, nineteen\\nhundred ninety-seven by a funeral firm, funeral director, undertaker,\\ncemetery, or any other person, firm or corporation for prearranged\\nfuneral and burial services must contain language disclosing the\\nirrevocable nature of burial trusts established by or for an applicant\\nor recipient of supplemental security income benefits or medical\\nassistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "210", "title" : "Mandatory minimum state supplementation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "210", "activeDate" : "2022-07-29", "sequenceNo" : 278, "repealedDate" : null, "fromSection" : "210", "toSection" : "210", "text" : " § 210. Mandatory minimum state supplementation. 1. Any inconsistent\\nprovisions of this title or any other law notwithstanding, but subject\\nto the provisions of subdivisions two and three of this section, an\\nindividual who is deemed to have met the eligibility criteria for\\nadditional state payments pursuant to paragraph (c) of subdivision one\\nof section two hundred nine of this title, shall be entitled to receive\\nfor each month after December, nineteen hundred seventy-three an\\nadditional state payment in an amount which, when added to the\\nsupplemental security income benefit and other countable income, is\\nequal to such individual's December, nineteen hundred seventy-three cash\\ngrant of assistance under the state's program of old age assistance,\\nassistance to the blind, aid to the disabled or the combined program of\\naid to aged, blind and disabled persons, plus income not excluded under\\nsuch state program, plus an amount equal to the January, nineteen\\nhundred seventy-two bonus value of food stamps as determined in\\naccordance with the regulations of the office of temporary and\\ndisability assistance plus, for any month after June, nineteen hundred\\nseventy-five, an amount reflecting the federal supplemental security\\nincreases resulting from July first, nineteen hundred seventy-five cost\\nof living increases in such benefits, plus for any month after June,\\nnineteen hundred eighty-two, an amount equal to the July first, nineteen\\nhundred eighty-two federal supplemental security income cost of living\\nadjustment, providing such individual was eligible to receive a\\nmandatory state supplement for the month of December, nineteen hundred\\neighty-one, plus for any month after June, nineteen hundred\\neighty-three, an amount equal to $17.70 for individuals, $26.55 for\\ncouples who are living alone or living with others and $35.40 for\\ncouples receiving family care, residential care or care in schools for\\nindividuals with developmental disabilities, plus for any month after\\nDecember, nineteen hundred eighty-three, an amount equal to $9.70 for\\nindividuals, $15.60 for couples who are living alone or living with\\nothers and $19.40 for couples receiving family care, residential care or\\ncare in schools for individuals with developmental disabilities, plus\\nfor any month after December, nineteen hundred eighty-four, an amount\\nequal to $11.00 for individuals, $16.00 for couples who are living alone\\nor living with others and $22.00 for couples receiving family care,\\nresidential care or care in schools for individuals with developmental\\ndisabilities, plus for any month after December, nineteen hundred\\neighty-five, an amount equal to $11.00 for individuals, $16.00 for\\ncouples who are living alone or living with others and $22.00 for\\ncouples receiving family care, residential care or care in schools for\\nindividuals with developmental disabilities, plus for any month after\\nDecember, nineteen hundred eighty-six an amount equal to $4.00 for\\nindividuals, $6.00 for couples who are living alone or living with\\nothers and $8.00 for couples receiving family care, residential care or\\ncare in schools for individuals with developmental disabilities, plus\\nfor any month after December, nineteen hundred eighty-seven an amount\\nequal to $14.00 for individuals, $22.00 for couples who are living alone\\nor living with others and $28.00 for couples receiving family care,\\nresidential care or care in schools for individuals with developmental\\ndisabilities, plus for any month after December, nineteen hundred\\neighty-eight an amount equal to $14.00 for individuals, $21.00 for\\ncouples who are living alone or living with others and $28.00 for\\ncouples receiving family care, residential care or care in schools for\\nindividuals with developmental disabilities, plus for any other month\\nafter December, nineteen hundred eighty-nine an amount equal to $18.00\\nfor individuals, $27.00 for couples who are living alone or living with\\nothers and $36.00 for couples receiving family care, residential care or\\ncare in schools for individuals with developmental disabilities, plus\\nfor any month after December, nineteen hundred ninety an amount equal to\\n$21.00 for individuals, $31.00 for couples who are living alone or\\nliving with others and $42.00 for couples receiving family care,\\nresidential care or care in schools for individuals with developmental\\ndisabilities, plus for any month after December, nineteen hundred\\nninety-one an amount equal to $15.00 for individuals, $23.00 for couples\\nwho are living alone or living with others and $30.00 for couples\\nreceiving family care, residential care or care in schools for\\nindividuals with developmental disabilities, plus for any month after\\nDecember, nineteen hundred ninety-two, an amount equal to $12.00 for\\nindividuals, $19.00 for couples who are living alone or living with\\nothers and $24.00 for couples receiving family care, residential care or\\ncare in schools for individuals with developmental disabilities, plus\\nfor any month after December, nineteen hundred ninety-three an amount\\nequal to $12.00 for individuals, $17.00 for couples who are living alone\\nor living with others and $24.00 for couples receiving family care,\\nresidential care or care in schools for individuals with developmental\\ndisabilities, plus for any month after December, nineteen hundred\\nninety-four an amount equal to $12.00 for individuals, $18.00 for\\ncouples who are living alone or living with others and $24.00 for\\ncouples receiving family care, residential care or care in schools for\\nindividuals with developmental disabilities, plus for any month after\\nDecember, nineteen hundred ninety-five an amount equal to $12.00 for\\nindividuals, $18.00 for couples who are living alone or living with\\nothers and $24.00 for couples receiving family care, residential care or\\ncare in schools for individuals with developmental disabilities, plus\\nfor any month after December, nineteen hundred ninety-six, an amount\\nequal to $14.00 for individuals and $21.00 for couples plus for any\\nmonth after December, nineteen hundred ninety-seven an amount equal to\\n$10.00 for individuals and $15.00 for couples plus for any month after\\nDecember, nineteen hundred ninety-eight an amount equal to $6.00 for\\nindividuals and $11.00 for couples plus for any month after December,\\nnineteen hundred ninety-nine an amount equal to $13.00 for individuals\\nand $18.00 for couples plus for any month after December, two thousand\\nan amount equal to $18.00 for individuals and $27.00 for couples plus\\nfor any month after December, two thousand one an amount equal to $15.00\\nfor individuals and $21.00 for couples plus for any month after\\nDecember, two thousand two an amount equal to $7.00 for individuals and\\n$12.00 for couples plus for any month after December, two thousand three\\nan amount equal to $12.00 for individuals and $17.00 for couples plus\\nfor any month after December, two thousand four an amount equal to\\n$15.00 for individuals and $23.00 for couples plus for any month after\\nDecember, two thousand five an amount equal to $24.00 for individuals\\nand $35.00 for couples plus for any month after December, two thousand\\nsix an amount equal to the amount of any increases in federal\\nsupplemental security income benefits for individuals or couples\\npursuant to section 1617 of the Social Security Act (42 USC § 1382f)\\nwhich become effective on or after January first, two thousand seven.\\n 2. An individual who is entitled to receive the minimum state\\nsupplement in accordance with subdivision one of this section shall\\nremain entitled to receive such supplement for each month after\\nDecember, nineteen hundred seventy-three until the month in which such\\nindividual dies or ceases to be eligible therefor, pursuant to paragraph\\n(c) of subdivision one of section two hundred nine of this title;\\nprovided, however, that no individual shall be entitled to receive such\\nsupplement for any month in which such individual is ineligible to\\nreceive federal supplemental security income benefits for reasons\\nspecified in paragraph (d) of subdivision one of section two hundred\\nnine of this title.\\n 3. If the amount of an individual's December, nineteen hundred\\nseventy-three grant included or was determined on the basis of a special\\nneed or special circumstance of such individual which existed in\\nDecember, nineteen hundred seventy-three, and which need or circumstance\\nduring any month after December, nineteen hundred seventy-three ceased\\nto exist, such individual's minimum state supplement shall be reduced\\nfor such month and each month thereafter by an amount equal to the\\namount such individual's December, nineteen hundred seventy-three grant\\nwould have been reduced had such special need or special circumstance\\nnot existed in December, nineteen hundred seventy-three. If the amount\\nof an individual's December, nineteen hundred seventy-three grant\\nincluded an amount to reflect the needs of a person whose presence in\\nthe household was essential to the well-being of the individual, the\\nincome and resources of such person shall be included as the income and\\nresources of the individual.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "211", "title" : "Agreements for federal administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "211", "activeDate" : "2014-09-22", "sequenceNo" : 279, "repealedDate" : null, "fromSection" : "211", "toSection" : "211", "text" : " § 211. Agreements for federal administration. 1. The department is\\nhereby authorized, on behalf of the state, to enter into an agreement\\nwith the secretary of the federal department of health, education and\\nwelfare whereby the secretary agrees to administer the state's program\\nof additional state payments, including determining the eligibility of\\nindividuals and couples for such payments.\\n 2. Any such agreement may authorize the secretary to make additional\\nstate payments on behalf of the state to persons found eligible for such\\npayments pursuant to the provisions of this title, in amounts authorized\\nby the provisions of this title, and shall contain conditions of\\neligibility for such additional state payments, including the\\nrequirement of current residence and amounts of earned or unearned\\nincome to be disregarded in determining eligibility, in accordance with\\nthe provisions of this title, regulations of the department and federal\\nlaw and regulations.\\n 3. Any such agreement shall provide that the state will pay to the\\nsecretary: (a) the amount the secretary expends for additional state\\npayments without regard to the secretary's cost of administering such\\npayments, which amount shall not exceed the amount of expenditures made\\nby the state and by social services districts for aid to aged, blind and\\ndisabled persons during the calendar year nineteen hundred seventy-two,\\nless any federal funds properly received on account thereof; and (b) the\\namount the secretary expends for additional state payments for any\\nindividual which are in excess of the difference between the adjusted\\npayment level under the state's program of old age assistance,\\nassistance to the blind or aid to the disabled in January, nineteen\\nhundred seventy-two and the amount of such individual's supplemental\\nsecurity income benefit. For purposes of this subdivision, \"adjusted\\npayment level\" shall mean the amount of the cash grant under the\\nappropriate state program of old age assistance, assistance to the\\nblind, aid to the disabled or the combined program of aid to aged, blind\\nand disabled persons, to individuals receiving grants under any such\\nprogram, who had no other income, for the month of January, nineteen\\nhundred seventy-two, plus an amount not greater than the bonus value of\\nfood stamps allotted to such individuals in such month, so long as\\nfederal law and regulations permit the inclusion of such amount.\\n 4. The department is authorized on behalf of the state, with the\\napproval of the director of the budget, to agree to modification of the\\nagreement, or to terminate the agreement, if it is fiscally advantageous\\nto the state to so act. Any modification of the agreement which is\\ncontrary to the provisions of this title shall be effective only until\\nthe first day of July of the year next succeeding the year in which such\\nmodification is to take effect, unless the substance of such\\nmodification is enacted into law prior to such date. For the purposes\\nof section one hundred one-a of the executive law, any such modification\\nor termination of the agreement shall be considered the adoption of a\\nrule, as defined in such section.\\n 5. The department is authorized, on behalf of the state, to enter into\\nan agreement with the secretary of the federal department of health and\\nhuman services for the purpose of obtaining reimbursement for safety net\\nassistance or any other payments made from state or local funds\\nfurnished for basic needs for any month to or on behalf of persons who\\nsubsequently are determined eligible to receive supplemental security\\nincome payments for such month. Notwithstanding any law to the contrary,\\nthe department is authorized to condition eligibility for any program\\nproviding such payments upon the individual's execution of a written\\nauthorization allowing the secretary of the federal department of health\\nand human services to pay to the social services district the amount of\\nsupplemental security income due at the time the individual becomes\\neligible.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "212", "title" : "Responsibility; financing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "212", "activeDate" : "2014-09-22", "sequenceNo" : 280, "repealedDate" : null, "fromSection" : "212", "toSection" : "212", "text" : " § 212. Responsibility; financing. 1. If there is no agreement in\\neffect for federal administration of additional state payments pursuant\\nto section two hundred eleven of this title, the commissioner of the\\noffice of temporary and disability assistance shall be responsible for\\nproviding such payments to eligible residents of the state as required\\nby this title and shall:\\n (a) accept and process applications for additional state payments to\\nbe made pursuant to this title;\\n (b) determine eligibility for and the amount of additional state\\npayments in accordance with this title;\\n (c) redetermine eligibility periodically as the office may require;\\nprovided, however, that any such redeterminations shall be no more\\nfrequent than provided by the applicable regulations of the United\\nStates social security administration; and\\n (d) take all other actions necessary to effectuate the provisions of\\nthis title.\\n 2. If there is in effect an agreement for the federal administration\\nof additional state payments, the state shall be responsible for paying\\nto the secretary an amount equal to: (a) the amount expended under the\\nstate's programs of old age assistance, assistance to the blind and aid\\nto the disabled during the calendar year, nineteen hundred seventy-two,\\nless any federal funds properly received on account of such\\nexpenditures; plus (b) any amounts in addition to such sum as may be\\nrequired by the agreement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T7", "title" : "Services For the Aged, Blind or Disabled", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 281, "repealedDate" : null, "fromSection" : "250", "toSection" : "259", "text" : " TITLE 7\\n SERVICES FOR THE AGED, BLIND OR DISABLED\\nSection 250. Declaration of object; definitions.\\n 251. Federal aid; state plan.\\n 252. Responsibility.\\n 253. Application for services.\\n 254. Eligibility.\\n 255. Character and adequacy of services.\\n 256. Investigation of applications.\\n 257. Supervision; regulations.\\n 258. Quarterly estimates; state reimbursement.\\n 259. Application of other provisions.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "250", "title" : "Declaration of object; definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "250", "activeDate" : "2014-09-22", "sequenceNo" : 282, "repealedDate" : null, "fromSection" : "250", "toSection" : "250", "text" : " § 250. Declaration of object; definitions. 1. In order for the state\\nto receive federal aid under title six of the federal social security\\nact, rehabilitation and other services shall be furnished in accordance\\nwith the provisions of this title to help needy persons who are\\nsixty-five years of age or older, are blind, or are disabled to attain\\nor retain capability for self-support or self-care or to prevent or\\nreduce dependency.\\n 2. When used in this title, services shall be construed to include,\\nbut not be limited to, protective services, health-related services,\\nself-support services for the handicapped, homemaker services,\\nhousekeeping services, special services for the blind, housing\\nimprovement and assistance services, home delivered meals, home\\nmanagement and other functional educational services, services to adults\\nrequiring care in suitable substitute homes, family planning services\\nand such other services as may be necessary to accomplish the purposes\\nof this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "251", "title" : "Federal aid; state plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "251", "activeDate" : "2014-09-22", "sequenceNo" : 283, "repealedDate" : null, "fromSection" : "251", "toSection" : "251", "text" : " § 251. Federal aid; state plan. 1. The department shall submit the\\nplan required by title six of the federal social security act to the\\ndepartment of health, education and welfare for approval pursuant to\\nsuch title and act, so that the state may receive federal aid under such\\ntitle. The department shall act for the state in any negotiations\\nrelative to the submission and approval of such plan and may make any\\narrangement not inconsistent with law which may be required by the\\nfederal social security act to obtain and retain such approval and to\\nsecure for the state the benefits of the provisions of such title. The\\ndepartment shall make such regulations not inconsistent with law as may\\nbe necessary to make such plan conform to the provisions of such title\\nand any rules and regulations adopted pursuant thereto. The department\\nshall make reports to such federal department in the form and nature\\nrequired by it and in all respects comply with any request or direction\\nof such federal department which may be necessary to assure the\\ncorrectness and verification of such reports.\\n 2. The department of taxation and finance shall accept and receive any\\nand all grants of money awarded to the state under title six of the\\nsocial security act for federal aid for services for the aged, blind or\\ndisabled. All monies so received shall be deposited by the department of\\ntaxation and finance in a special fund or funds and shall be used by the\\nstate exclusively for services for the aged, blind or disabled and the\\nadministration thereof under the provisions of this title. Such money\\nshall be paid from such fund or funds on audit and warrant of the\\ncomptroller on vouchers of or certification by the commissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "252", "title" : "Responsibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "252", "activeDate" : "2014-09-22", "sequenceNo" : 284, "repealedDate" : null, "fromSection" : "252", "toSection" : "252", "text" : " § 252. Responsibility. 1. Except as provided in subdivision two of\\nthis section or any other provisions of this chapter, each social\\nservices district shall furnish services to the persons eligible\\ntherefor who reside in its territory, subject to reimbursement by the\\nstate in accordance with the provisions of this chapter, and to\\nsupervision by the department.\\n 2. (a) If the state's plan makes provision for services to be provided\\nto eligible persons cared for in certain state institutions or\\nfacilities, the department, or other appropriate state department or\\nagency acting pursuant to an agreement with the department, shall\\nfurnish services to such persons.\\n (b) There shall be such cooperative arrangements, between and among\\nthe department, and the state departments of health, mental hygiene,\\neducation and other appropriate state departments and agencies as shall\\nbe necessary to assure that there will be compliance with federal law\\nand regulation and that the objectives of this title will be effectively\\naccomplished.\\n (c) Services for the aged, blind or disabled persons shall be\\nadministered uniformly throughout the state, except when otherwise\\nrequired or permitted by the department which shall first obtain the\\napproval of the secretary of health, education and welfare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "253", "title" : "Application for services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "253", "activeDate" : "2014-09-22", "sequenceNo" : 285, "repealedDate" : null, "fromSection" : "253", "toSection" : "253", "text" : " § 253. Application for services. 1. A person requesting services for\\nthe aged, blind or disabled may make his application therefor in person\\nor through another in his behalf to the social services official of the\\ncounty or city in which the applicant resides or is found.\\n 2. Applications by or on behalf of persons under care in institutions\\nor facilities operated by the state shall be made to the department or\\nits agent, except as otherwise permitted or required by regulations of\\nthe department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "254", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "254", "activeDate" : "2014-09-22", "sequenceNo" : 286, "repealedDate" : null, "fromSection" : "254", "toSection" : "254", "text" : " § 254. Eligibility. Services for the aged, blind or disabled shall be\\nprovided any aged, blind or disabled person who requires such services;\\nwho is a resident of the state on the date of application and who is\\nreceiving or is an applicant for benefits under the supplemental\\nsecurity income and additional state payments for the aged, blind and\\ndisabled program or is receiving or an applicant for authorized payments\\nto aged, blind or disabled individuals ineligible for such program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "255", "title" : "Character and adequacy of services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "255", "activeDate" : "2014-09-22", "sequenceNo" : 287, "repealedDate" : null, "fromSection" : "255", "toSection" : "255", "text" : " § 255. Character and adequacy of services. 1. It shall be the duty of\\nsocial services officials, insofar as funds are available for that\\npurpose, to provide adequately for services for the aged, blind or\\ndisabled in accordance with the provisions of this title and other\\napplicable provisions of law. Local funds need not be made available in\\nexcess of the amount necessary to equal state funds made available to\\nsuch district or limited pursuant to law.\\n 2. The amount and nature of the services and the manner of providing\\nthem, shall be determined by the social services officials with due\\nregard to the conditions existing in each case, and in accordance with\\nthe regulations of the department.\\n 3. Services which may be provided to persons who are under care in\\nprivate or public institutions or facilities shall be furnished only in\\nsuch institutions and facilities as are operated in compliance with\\napplicable provisions of this chapter or other laws.\\n 4. Services under this title shall not include any which are required\\nto be furnished as medical assistance pursuant to title eleven of\\narticle five.\\n 5. Local social services districts shall be authorized, with the\\napproval of the department, to station local social services employees\\nat federal social security offices for the purpose of providing\\ninformation and referral services relating to emergency assistance for\\nadults and social services to eligible persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "256", "title" : "Investigation of applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "256", "activeDate" : "2014-09-22", "sequenceNo" : 288, "repealedDate" : null, "fromSection" : "256", "toSection" : "256", "text" : " § 256. Investigation of applications. Whenever an application for\\nservices is made, an investigation and record shall be promptly made of\\nthe circumstances of the applicant in accordance with regulations of the\\ndepartment. The object of such investigation shall be to ascertain the\\nfacts supporting the application and to obtain such other information as\\nmay be required by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "257", "title" : "Supervision; regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "257", "activeDate" : "2014-09-22", "sequenceNo" : 289, "repealedDate" : null, "fromSection" : "257", "toSection" : "257", "text" : " § 257. Supervision; regulations. The department shall: 1. supervise\\nthe administration of services for the aged, blind or disabled by social\\nservices officials;\\n 2. Make regulations necessary for the carrying out of this title to\\nthe end that services for the aged, blind or disabled may be\\nadministered uniformly throughout the state, except when otherwise\\nrequired or permitted by the department with the approval of the\\nsecretary of health, education and welfare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "258", "title" : "Quarterly estimates; state reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "258", "activeDate" : "2014-09-22", "sequenceNo" : 290, "repealedDate" : null, "fromSection" : "258", "toSection" : "258", "text" : " § 258. Quarterly estimates; state reimbursement. 1. In accordance with\\nregulations of the department, each social services district shall\\nsubmit to the department quarterly estimates of its anticipated\\nexpenditures for services for the aged, blind or disabled.\\n 2. Expenditures made by social services districts for services under\\nthis title shall be subject to reimbursement by the state in accordance\\nwith and to the extent authorized by section one hundred fifty-three,\\nand any applicable provisions of law which limit reimbursement for\\nsocial services or authorize the allocation of funds for such services\\namong the districts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "259", "title" : "Application of other provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "259", "activeDate" : "2014-09-22", "sequenceNo" : 291, "repealedDate" : null, "fromSection" : "259", "toSection" : "259", "text" : " § 259. Application of other provisions. 1. Provisions of this chapter\\nand other laws relating to public assistance and care not inconsistent\\nwith this title shall be applied in carrying out the provisions of this\\ntitle.\\n 2. The provisions of any city charter or other local or special act\\nwhich are inconsistent with the provisions of this title shall not be\\napplicable to the services provided by this title, nor impair nor limit\\nthe statewide operation of this title, according to its terms.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T8", "title" : "Emergency Assistance For Aged, Blind and Disabled Persons", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 292, "repealedDate" : null, "fromSection" : "300", "toSection" : "309", "text" : " TITLE 8\\n EMERGENCY ASSISTANCE FOR AGED, BLIND AND DISABLED PERSONS\\nSection 300. Declaration of purpose; definitions.\\n 301. Responsibility.\\n 302. Eligibility.\\n 303. Character and adequacy.\\n 303-a. Grants of assistance for guide dogs, hearing dogs and\\n service dogs; certain cases.\\n 304. Application; verification.\\n 305. Appeals and hearings.\\n 306. Records and reports.\\n 307. Regulations.\\n 308. Services.\\n 309. Social services official as conservator.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "300", "title" : "Declaration of purpose; definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "300", "activeDate" : "2014-09-22", "sequenceNo" : 293, "repealedDate" : null, "fromSection" : "300", "toSection" : "300", "text" : " § 300. Declaration of purpose; definitions. 1. Emergency assistance\\nfor aged, blind and disabled persons with emergency needs which, if not\\nmet, would endanger the health, safety and welfare of such persons, is\\nhereby declared to be a matter of state concern and a necessity in\\npromoting the public health and welfare, until such time as the federal\\nsupplemental security income program is expanded to meet this federal\\nresponsibility. It is the purpose of this title to provide such\\nassistance to eligible aged, blind and disabled persons who, in the\\ncircumstances specified in this title, have needs that cannot be met by\\nthe regular monthly benefit under the federal supplemental security\\nincome and additional state payments programs. All efforts should be\\nundertaken by New York state's congressional delegation to secure such\\nexpansion of the federal program.\\n 2. As used in this title, \"aged, blind and disabled persons\" means\\npersons who have been determined to be eligible for or are receiving\\nfederal supplemental security income benefits and/or additional state\\npayments.\\n 3. As used in this title, the terms \"emergency assistance\" and\\n\"emergency assistance for aged, blind and disabled persons\" mean\\npayments to meet emergency needs specified in section three hundred\\nthree, made to or for the benefit of persons found to be eligible\\ntherefor, in accordance with this title and the regulations of the\\ndepartment.\\n 4. As used in this title, \"supplemental security income benefits\"\\nmeans payments made by the secretary of the federal department of\\nhealth, education and welfare to aged, blind and disabled persons\\npursuant to title sixteen of the social security act.\\n 5. As used in this title, \"additional state payments\" means payments\\nby social services districts or by the secretary of the federal\\ndepartment of health, education and welfare on behalf of the state, to\\naged, blind and disabled persons who are receiving, or who would but for\\ntheir income be eligible to receive, federal supplemental security\\nincome benefits, made pursuant to title sixteen of the federal social\\nsecurity act, public law 93-66, and the provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "301", "title" : "Responsibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "301", "activeDate" : "2014-09-22", "sequenceNo" : 294, "repealedDate" : null, "fromSection" : "301", "toSection" : "301", "text" : " § 301. Responsibility. 1. Subject to reimbursement by the state, in\\naccordance with the provisions of this title and regulations of the\\ndepartment, each social services district shall furnish emergency\\nassistance to aged, blind and disabled persons eligible therefor who\\nreside in such district.\\n 2. Expenditures properly made by social services districts under this\\ntitle, including costs of administration, shall be reimbursed by the\\nstate in an amount equal to one-half of such expenditures, after first\\ndeducting any federal funds properly received or to be received on\\naccount thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "302", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "302", "activeDate" : "2014-09-22", "sequenceNo" : 295, "repealedDate" : null, "fromSection" : "302", "toSection" : "302", "text" : " § 302. Eligibility. Emergency assistance shall be granted to an aged,\\nblind or disabled person who applies for such assistance and who:\\n (a) Has needs, as specified in section three hundred three of this\\nchapter and the regulations of the department, that cannot be met by the\\nregular monthly supplemental security income benefit and/or additional\\nstate payment, or by income or resources not excluded by the federal\\nsocial security act and which, if not met, would endanger the health,\\nwelfare or safety of the individual; and\\n (b) Is not eligible for assistance under section three hundred fifty-j\\nof this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "303", "title" : "Character and adequacy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "303", "activeDate" : "2014-09-22", "sequenceNo" : 296, "repealedDate" : null, "fromSection" : "303", "toSection" : "303", "text" : " § 303. Character and adequacy. 1. It shall be the duty of the social\\nservices official to provide emergency assistance, in accordance with\\nregulations of the department, to an eligible aged, blind or disabled\\nperson who has one or more of the following needs:\\n (a) Replacement or repair, as the case may be, of clothing, furniture,\\nfood, fuel and shelter; (including repairs to homes owned by aged,\\nblind, and disabled persons and temporary shelter until necessary\\nrepairs are completed or replacement shelter is secured), provided such\\nclothing, furniture, food, fuel or shelter was lost or rendered useless\\nas a result of burglary, theft or vandalism, or as a result of fire,\\nflood or other similar catastrophe which could not have been forseen by\\nsuch person, and was not under his control. All such losses shall have\\nbeen reported to and appropriately verified by local officials before\\nsuch replacement or repair;\\n (b) Replacement of stolen cash if reported to and appropriately\\nverified by local officials;\\n (c) Replacement of lost or mismanaged cash by a person who by reason\\nof advanced age, illness, infirmity, mental weakness, physical handicap,\\nintemperance, addiction to drugs, or other cause, has suffered\\nsubstantial impairment of his ability to care for his property;\\n (d) Payments to a secured party in whose favor there is a security\\ninterest, pursuant to the provisions of article nine of the uniform\\ncommercial code, on furniture or household equipment essential to making\\nliving accommodations habitable, in an amount not to exceed the cost of\\nreplacement. Such payments shall be authorized only after every effort\\nhas been made by the social services official to defer, cancel, reduce\\nor compromise payments on such security interests;\\n (e) Household moving expenses when a change of residence is necessary\\nbecause the health, welfare or safety of the eligible person or persons\\nis endangered and such move is not caused by eviction for nonpayment of\\nrent, or when such move will substantially reduce rental costs;\\n (f) Furniture or clothing which may be necessary in order to enable\\nsuch person to move to a private residence from a nursing home, hospital\\nor other institution;\\n (g) Household expenses essential to the maintenance of a home, in the\\ncase of a person whose supplemental security income benefit has been\\nreduced because he has been placed in a medical facility. Within\\nforty-five days following placement in such a facility, the social\\nservices official shall determine whether, and payments under this\\nsubdivision shall not continue unless, such person is expected to remain\\nin such a facility for less than one hundred eighty days following the\\nreduction in such benefits;\\n (h) Repair or replacement of essential household heating, cooking,\\nrefrigeration, water supply, personal safety equipment, plumbing and\\nsanitary equipment;\\n (i) Security against nonpayment of rent or for damages, as a condition\\nto renting a housing accommodation, as provided in section one hundred\\nforty-three-c of this chapter;\\n (j) Broker's fees necessary to securing shelter;\\n (k) Essential storage of furniture and personal belongings during such\\ncircumstances as relocation, eviction or temporary shelter and for so\\nlong as the circumstances necessitating the storage continue to exist\\nand provided that eligibility for emergency assistance continues;\\n (l) Household expenses (including rent, fuel for heating, gas and\\nelectric utilities) incurred during the four month period prior to the\\nmonth in which such person initially applied for supplemental security\\nincome benefits or additional state payments, when payment of such\\nhousehold expenses is necessary to prevent eviction or a utility\\nshut-off or to restore such utility services, and, in the judgment of a\\nsocial services official, other housing accommodations appropriate for\\nsuch person's best interests are not available in a particular area.\\n (m) Household expenses (including rent, fuel for heating, gas and\\nelectric utilities) incurred during the four month period immediately\\nprior to the month in which such person applied for emergency assistance\\nfor adults when payment of such household expenses is necessary to\\nprevent eviction or a utility shutoff or to restore such utility\\nservices and, in the judgment of a social services official, other\\nhousing accommodations appropriate for such person's best interests are\\nnot available in a particular area. A social services official shall not\\ngrant emergency assistance under this paragraph if a person has received\\na grant under this paragraph within the preceding twelve months, unless\\nthe granting of such assistance is recommended by the social services\\nofficial and has been approved by a duly designated official of the\\ndepartment. For purposes of this paragraph, a person shall be deemed to\\nhave received a grant under this paragraph within the preceding twelve\\nmonths if he is residing in a household with another person who has\\nreceived a grant under this paragraph within the preceding twelve\\nmonths.\\n (n) Replacement of so much of a person's lost, stolen or unreceived\\nfederal supplemental security income and/or additional state payments\\ncheck or checks up to a maximum of one-half the amount of each such\\ncheck, predicated upon the estimated period of time required for the\\nreceipt of the original check or replacement check. Such person shall be\\nrequired, as a condition of eligibility for such emergency assistance,\\nto agree in writing to repay any amount granted as emergency assistance\\npursuant to this paragraph and paragraph (o) hereof for which he\\nsubsequently receives the original or replacement check of supplemental\\nsecurity income payment and/or additional state payments. All such\\nincidences of loss, theft or non-receipt shall have been reported to and\\nappropriately verified by local officials before such replacement.\\n (o) Assistance by monetary payment or food voucher, as determined by\\nthe social services official, in an amount necessary to meet a person's\\nnutritional requirements for a period of not more than one week,\\npursuant to regulations of the department for applicants for\\nsupplemental security income and/or additional state payments or for\\nemergency assistance pursuant to paragraph (n) of this subdivision. Such\\nassistance shall be provided within twenty-four hours of application\\nwhere the applicant demonstrates that he requires such assistance to\\navoid hunger and has no cash or personal assets readily reducible to\\ncash with which to purchase food.\\n 2. The maximum grant available for any emergency need specified in\\nsubdivision one above shall be limited to the amount and paid in the\\nmanner as specified by regulations of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "303-A", "title" : "Grants of assistance for guide dogs, hearing dogs and service dogs; certain cases", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "303-A", "activeDate" : "2014-09-22", "sequenceNo" : 297, "repealedDate" : null, "fromSection" : "303-A", "toSection" : "303-A", "text" : " § 303-a. Grants of assistance for guide dogs, hearing dogs and service\\ndogs; certain cases. 1. It shall be the duty of the social services\\nofficial to provide assistance, in accordance with regulations of the\\ndepartment, to a person with a disability using a guide dog, hearing dog\\nor service dog who has been determined to be eligible for or is\\nreceiving federal supplemental security income benefits and/or\\nadditional state payments, for the purchase of food for such dog.\\n 2. Such regulations of the department shall fix an amount of not less\\nthan thirty-five dollars a month, and the method and frequency of\\ndistribution and procedures for the determination and periodical\\nredetermination of eligibility for such assistance.\\n 3. Such assistance shall not be granted to any person for whom earned\\nincome has been exempted for such purpose pursuant to federal law or\\nregulation.\\n 4. The full amount properly expended by social services districts\\nunder this section, including costs of administration, shall be\\nreimbursed by the state, notwithstanding any inconsistent provision of\\nsection three hundred one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "304", "title" : "Application; verification", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "304", "activeDate" : "2014-09-22", "sequenceNo" : 298, "repealedDate" : null, "fromSection" : "304", "toSection" : "304", "text" : " § 304. Application; verification. 1. A person requesting emergency\\nassistance under this title shall make his application therefor in\\nperson or through another on his behalf, on such form and in such manner\\nas the department may by regulation require, to the social services\\nofficial in the county in which the applicant resides.\\n 2. Whenever such application is made, an investigation and record\\nshall be promptly made of the circumstances of the applicant in\\naccordance with the regulations of the department to ascertain the facts\\nsupporting the application and to obtain such other information as may\\nbe required by the department.\\n 3. The social services official shall require that a person applying\\nfor or receiving emergency assistance under this title or his duly\\ndesignated representative be interviewed personally at a time and in a\\nmanner provided by the regulations of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "305", "title" : "Appeals and hearings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "305", "activeDate" : "2014-09-22", "sequenceNo" : 299, "repealedDate" : null, "fromSection" : "305", "toSection" : "305", "text" : " § 305. Appeals and hearings. If an application for assistance under\\nthis title is not promptly acted upon or is denied or the assistance\\ngranted is deemed inadequate by the applicant or recipient, he may\\nappeal to the department in accordance with the provisions of section\\ntwenty-two of this chapter. In scheduling investigations, local social\\nservices districts shall give priority to applications for assistance\\nunder this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "306", "title" : "Records and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "306", "activeDate" : "2014-09-22", "sequenceNo" : 300, "repealedDate" : null, "fromSection" : "306", "toSection" : "306", "text" : " § 306. Records and reports. Each social services official shall keep\\nsuch records and make such reports to the department at such times and\\nin such manner as may be required by department regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "307", "title" : "Regulations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "307", "activeDate" : "2014-09-22", "sequenceNo" : 301, "repealedDate" : null, "fromSection" : "307", "toSection" : "307", "text" : " § 307. Regulations. The department shall promulgate such regulations\\nas are deemed necessary to implement the provisions of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "308", "title" : "Services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "308", "activeDate" : "2014-09-22", "sequenceNo" : 302, "repealedDate" : null, "fromSection" : "308", "toSection" : "308", "text" : " § 308. Services. An application for emergency assistance under this\\ntitle shall be deemed an application for services pursuant to section\\ntwo hundred fifty-three of this chapter, and services shall be provided\\naccording to the person's eligibility therefor in accordance with title\\nseven of article five of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "309", "title" : "Social services official as conservator", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "309", "activeDate" : "2014-09-22", "sequenceNo" : 303, "repealedDate" : null, "fromSection" : "309", "toSection" : "309", "text" : " § 309. Social services official as conservator. In appropriate cases,\\na social services official shall initiate a special proceeding for the\\nappointment of a conservator pursuant to section 77.03 of the mental\\nhygiene law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T9-A", "title" : "Equipment Loan Fund For the Disabled", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-A", "activeDate" : "2014-09-22", "sequenceNo" : 304, "repealedDate" : null, "fromSection" : "326-A", "toSection" : "326-B", "text" : " TITLE 9-A\\n EQUIPMENT LOAN FUND FOR THE DISABLED\\nSection 326-a. Title.\\n 326-b. Fund established; participation; other provisions.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "326-A", "title" : "Title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "326-A", "activeDate" : "2014-09-22", "sequenceNo" : 305, "repealedDate" : null, "fromSection" : "326-A", "toSection" : "326-A", "text" : " § 326-a. Title. This article shall be known and cited as the\\n\"Equipment Loan Fund for the Disabled\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "326-B", "title" : "Fund established; participation; other provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31" ], "docLevelId" : "326-B", "activeDate" : "2018-08-31", "sequenceNo" : 306, "repealedDate" : null, "fromSection" : "326-B", "toSection" : "326-B", "text" : " § 326-b. Fund established; participation; other provisions. 1. There\\nis hereby established in the joint custody of the commissioner and the\\ncomptroller the equipment loan fund for the disabled.\\n 2. Participation in the loan of the monies of the fund shall be\\navailable to all disabled persons on the basis of need, pursuant to\\nregulations of the commissioner.\\n 3. The loan fund shall provide the disabled with the financial\\nopportunity to purchase or replace essential equipment used by them for\\ndaily living or vocational functioning following rehabilitation,\\nincluding, but not limited to, prosthesis, ramps, wheelchairs,\\nwheelchair van lifts, telecommunication devices for the deaf and hard of\\nhearing, devices which allow persons who are blind or visually impaired\\nto discern printed materials and adaptive equipment to permit a disabled\\nperson to operate a motor vehicle but not to purchase or replace a motor\\nvehicle itself.\\n 4. Loans shall be made available directly to the disabled person, the\\nparent, legal guardian, or individual with whom such disabled person\\nresides.\\n 5. Where any equipment purchase is approved by the department, a loan\\nshall be made in an amount not to exceed four thousand dollars per\\napplicant.\\n 6. The commissioner shall establish regulations governing payment of\\ninterest, repayment periods, certification and approval of purchase, and\\nsuch other orders, rules and regulations as may be necessary for\\ninterpretations, implementation or administration of this article.\\n 7. During the first three years of operation of the fund, the\\ndepartment shall submit to the governor and legislature annually a\\nsummary report setting forth such information as the department deems\\nrelevant to monitor and evaluate the progress of the fund.\\n 8. The fund shall consist of all monies appropriated for the purpose\\nof such fund, all monies transferred to such fund pursuant to law, all\\nmonies required by the provisions of this section or any other law to be\\npaid into or credited to this fund, and all monies, including interest,\\npaid by borrowers to the fund in repayment of loans made from the fund.\\n 9. Monies of the fund following appropriations made by the legislature\\nand allocation by the director of the budget to the fund, shall be\\navailable solely for the purpose of enabling eligible applicants to\\nborrow money at less than the prevailing rates of interest for\\ncomparable loans.\\n 10. When used in this article, the term \"disabled\" shall mean a person\\nhaving a disability as so defined in section two hundred ninety-two of\\nthe executive law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T9-B", "title" : "Public Assistance Employment Programs", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-12-25" ], "docLevelId" : "9-B", "activeDate" : "2015-12-25", "sequenceNo" : 307, "repealedDate" : null, "fromSection" : "330", "toSection" : "342-A", "text" : " TITLE 9-B\\n PUBLIC ASSISTANCE EMPLOYMENT PROGRAMS\\nSection 330. Definitions.\\n 331. Policies and purposes.\\n 332. Participation and exemptions.\\n 332-a. Supportive services.\\n 332-b. Disability program.\\n 333. Local plans and requirements.\\n 334. Orientation.\\n 335. Assessments and employability plans for certain\\n recipients in households with dependent children.\\n 335-a. Assessments and employability plans for certain\\n recipients in households without dependent children.\\n 335-b. Mandatory work requirements.\\n 335-c. Pilot programs.\\n 336. Work activities.\\n 336-a. Educational activities.\\n 336-c. Work experience.\\n 336-d. Job search activities.\\n 336-e. Subsidized public sector employment programs.\\n 336-f. Subsidized private sector and not-for-profit employment\\n programs.\\n 337. Responsibilities of state departments and agencies.\\n 338. Cooperation of state departments.\\n 339. Reports.\\n 340. Technical assistance.\\n 341. Conciliation; refusal to participate.\\n 341-a. Re-engagement; conciliation; refusal to participate.\\n 342. Noncompliance with the requirements of this title.\\n 342-a. Noncompliance with the requirements of this title.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "330", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "330", "activeDate" : "2014-09-22", "sequenceNo" : 308, "repealedDate" : null, "fromSection" : "330", "toSection" : "330", "text" : " § 330. Definitions. 1. Whenever used in this title:\\n a. the term \"commissioner\" means the commissioner of the state office\\nof temporary and disability assistance; and\\n b. the term \"department\" means the state office of temporary and\\ndisability assistance.\\n 2. \"Net loss of cash income\" shall mean the amount by which a family's\\ngross income less any necessary work-related expenses is less than the\\ncash assistance the individual was receiving at the time of receiving an\\noffer of employment. Gross income includes, but is not limited to,\\nearnings, unearned income and cash assistance.\\n 3. \"Child care\" shall refer to any lawful form of care of a child, as\\ndefined by federal and state law and regulation, for less than\\ntwenty-four hours per day.\\n 4. \"Participant\" shall mean an applicant for or recipient of public\\nassistance who volunteers for or is required to participate in work\\nactivities as provided in this title.\\n 5. Notwithstanding any other provision of this chapter or the labor\\nlaw, recipients of public assistance who are required to participate in\\ncommunity service or work experience activities authorized pursuant to\\nthis title shall be included within the meaning of the term \"public\\nemployee\" for the purposes of applying section twenty-seven-a of the\\nlabor law while engaged in community service or work experience programs\\nunder this title. In addition, such recipients shall be provided\\nappropriate workers' compensation or equivalent protection for\\non-the-job injuries and tort claims protection on the same basis, but\\nnot necessarily at the same benefit level, as they are provided to other\\npersons in the same or similar positions, while participating in\\ncommunity service or work experience activities under this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "331", "title" : "Policies and purposes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "331", "activeDate" : "2014-09-22", "sequenceNo" : 309, "repealedDate" : null, "fromSection" : "331", "toSection" : "331", "text" : " § 331. Policies and purposes. 1. It is hereby declared to be the\\npolicy of the state that there be programs under which individuals\\nreceiving public assistance will be furnished work activities and\\nemployment opportunities, and necessary services in order to secure\\nunsubsidized employment that will assist participants to achieve\\neconomic independence. Such programs shall be established and operated\\nin accordance with the provisions of this title and in compliance with\\nfederal and state law and regulations.\\n 2. A social services district may contract or establish agreements\\nwith entities which comply with the standards to be established in\\nregulations by the commissioner to provide work activities, including\\nbut not limited to, job training partnership act agencies, state\\nagencies, school districts, boards of cooperative educational services,\\nnot-for-profit community based organizations, licensed trade schools or\\nregistered business schools, libraries, post-secondary educational\\ninstitutions consistent with this title, and educational opportunity\\ncenters and local employers. A district shall, to the extent\\npracticable and permitted under federal requirements, develop\\nperformance based contracts or agreements with such entities. Such\\nstandards shall include an evaluation procedure to ensure that services\\noffered by a provider are sufficient to enhance substantially a\\nparticipant's opportunity to secure unsubsidized employment or, when\\ncoupled with or provided in conjunction with other activities, represent\\npart of a comprehensive approach to enabling a participant to secure\\nunsubsidized employment. Notwithstanding the provisions of section one\\nhundred fifty-three of this article, expenditures pursuant to contracts\\nor agreements with providers who do not meet the standards for approval\\nof providers as defined in regulations will not be eligible for\\nreimbursement by the department.\\n 3. No social services district shall, in the exercising of the powers\\nand duties established in this title, permit discrimination on the basis\\nof race, color, national origin, sex, religion or handicap, in the\\nselection of participants, their assignment or reassignment to work\\nactivities and duties, and the separate use of facilities or other\\ntreatment of participants.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "332", "title" : "Participation and exemptions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-01-06" ], "docLevelId" : "332", "activeDate" : "2023-01-06", "sequenceNo" : 310, "repealedDate" : null, "fromSection" : "332", "toSection" : "332", "text" : " § 332. Participation and exemptions. 1. In accordance with federal\\nrequirements and this title an applicant for or a recipient of public\\nassistance shall not be required to participate in work activities if\\nsuch individual is determined by the social services district to be\\nexempt because he or she is:\\n (a) a person who is ill, incapacitated or sixty years of age or older\\nor deemed to be disabled pursuant to section three hundred thirty-two-b\\nof this title;\\n (b) a child who is under sixteen years of age or under the age of\\nnineteen and attending fulltime a secondary, vocational or technical\\nschool;\\n (c) a person whose full-time presence in the home is required because\\nof the illness or incapacity of another member of the household;\\n (d) a parent or other relative of a child who is personally providing\\ncare for such child under one year of age for a maximum period of twelve\\nmonths, only three months of which shall be attributable to any one\\nchild, except as otherwise extended up to the twelve month period by the\\nsocial services official;\\n (e) a woman who is pregnant, beginning thirty days prior to the\\nmedically verified date of delivery of her child.\\n 1-a. Applicants for, or recipients of, public assistance who are\\nexempt from work activities pursuant to paragraph (d) or (e) of\\nsubdivision one of this section shall be eligible to receive home\\nvisiting services that meet the criteria established pursuant to 42\\nU.S.C. 711, so long as such individual meets all other eligibility\\ncriteria established pursuant to the particular home visiting model. The\\nlocal social services district shall provide information to any\\napplicant or recipient that is interested in receiving such services and\\nprovide assistance in determining the most appropriate model to meet the\\nparticular needs of the individual.\\n 2. A local social services official shall:\\n (a) make diligent efforts to assist a person who needs transportation\\nto get to and from a work activity site in obtaining such\\ntransportation. Where lack of transportation is a direct barrier to\\nparticipation in a work activity, the local district shall make a\\nreasonable effort to assign the individual to an appropriate work\\nactivity at a site in closest possible proximity to such individual's\\nresidence;\\n (b) allow and give first consideration to volunteers who have not\\npreviously terminated participation in such program without good cause\\nto participate in the program; provided, however, such consideration\\nshall not preclude a district from requiring applicants or recipients to\\nparticipate prior to consideration for or participation by such\\nvolunteers if such recipients or applicants are determined to be in\\ngreater need of the services provided pursuant to this title in\\naccordance with criteria established by the district and submitted and\\napproved as part of its local plan which may include, but not be limited\\nto, length of time for which a recipient has been in receipt of public\\nassistance benefits, education, age, health and skills.\\n (c) in accordance with regulations of the department, inform\\napplicants and recipients of the opportunity to participate voluntarily\\nin work activities at time of application, recertification and\\ncontemporaneously with receipt of public assistance benefits on a\\nperiodic basis.\\n 3. A social services official may require a participant in work\\nactivities to accept a job only if such official ensures that the\\nparticipant and the family of such participant will experience no net\\nloss of cash income resulting from acceptance of the job as determined\\nunder regulations of the department consistent with federal law and\\nregulations. Pursuant to regulations of the department consistent with\\nfederal law and regulations, a social services district shall pay a\\nsupplement to a participant in the amount of such net loss of cash\\nincome that would otherwise occur. Such supplement shall constitute\\npublic assistance only for purposes of payment and reimbursement, and\\npersons in receipt of such supplement shall not for any other purpose be\\nconsidered to be recipients of public assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "332-A", "title" : "Supportive services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "332-A", "activeDate" : "2014-09-22", "sequenceNo" : 311, "repealedDate" : null, "fromSection" : "332-A", "toSection" : "332-A", "text" : " § 332-a. Supportive services. A social services district shall,\\nsubject to the availability of federal and state funds, provide such\\nsupportive services, including but not limited to transportation, work\\nrelated expenses, child care for children up to age thirteen, case\\nmanagement, and medical assistance in accordance with regulations of the\\ndepartment, to enable an individual to participate pursuant to this\\ntitle. Social services districts may continue such services for persons\\nwho lose eligibility for public assistance if funds for the activity are\\nobligated or expended, or for up to ninety days if necessary or\\nappropriate to assist individuals to become self-sufficient. In\\naccordance with paragraph (f) of subdivision five of section one hundred\\nthirty-one-a of this chapter, each district shall guarantee child care\\nto each individual participating in work activities who requires child\\ncare to participate in such activities, attending orientation or an\\nassessment in accordance with the requirements of this title. Case\\nmanagement shall be provided for pregnant adolescents, adolescent\\nparents and at-risk youth under eighteen years of age as required by\\ntitle four-B of article six of this chapter. To the extent that\\nresources permit, case management also shall be provided (in order of\\npriority) to: persons identified in department regulations as at-risk\\nyouth, persons in the target populations defined in section three\\nhundred thirty of this title, persons whose employability plan indicates\\na need for two or more concurrent activities and persons with limited\\nEnglish proficiency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "332-B", "title" : "Disability program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08", "2016-07-08" ], "docLevelId" : "332-B", "activeDate" : "2016-07-08", "sequenceNo" : 312, "repealedDate" : null, "fromSection" : "332-B", "toSection" : "332-B", "text" : " § 332-b. Disability program. 1. (a) Upon application and\\nrecertification for public assistance benefits, or whenever a district\\nhas reason to believe that a physical or mental impairment may prevent\\nthe individual from fully engaging in work activities, the social\\nservices district shall inquire whether the individual has any medical\\ncondition which would limit the individual's ability to participate in\\nwork activities pursuant to this title.\\n (b) An individual who is eligible to receive comprehensive health\\nservices through a special needs plan defined in paragraph (m) or (n) of\\nsubdivision one of section three hundred sixty-four-j of this chapter,\\nregardless of whether such a plan is operating in the individual's\\nsocial services district of residence, shall be considered disabled and\\nunable to engage in work activities or shall be considered work-limited.\\n 2. (a) Under the circumstances set forth in subdivision one of this\\nsection, notice shall be provided to the individual of the opportunity\\nto provide, within ten calendar days, any relevant medical\\ndocumentation, including but not limited to drug prescriptions and\\nreports of the individual's treating health care practitioner, if any;\\nsuch documentation must contain a specific diagnosis as evidenced by\\nmedically appropriate tests or evaluations and must particularize any\\nwork related limitations as a result of any such diagnosis.\\n (b) If, prior to submitting his or her medical documentation, the\\nindividual is referred to a health care practitioner certified by the\\noffice of disability determinations of the office of temporary and\\ndisability assistance or, if applicable, to the contracted agency or\\ninstitution by or with which such health care practitioner is employed\\nor affiliated for an examination pursuant to subdivision four of this\\nsection, such individual shall make best efforts to bring such\\ndocumentation to the examination, and in no case shall provide such\\nrecords to the examining health care practitioner certified by the\\noffice of disability determinations or, if applicable, to the contracted\\nagency or institution by or with which such health care practitioner is\\nemployed or affiliated later than four business days after such\\nexamination; provided that the individual may demonstrate good cause as\\ndefined in regulations, for failure to provide such records within the\\nspecific time periods.\\n 3. The district may in its sole discretion accept such documentation\\nas sufficient evidence that the individual cannot fully engage in work\\nactivities and in such case shall modify work assignments consistent\\nwith the findings in such medical documents.\\n 4. In instances where the district determines either that the\\ndocumentation is insufficient to support an exemption from or limitation\\non work activities or that further medical evaluation is appropriate,\\nthe individual shall be referred to a health care practitioner certified\\nby the Office of Disability Determinations of the Department of Social\\nServices for an examination of such individual's medical condition.\\n The health care practitioner who performs the examination of the\\nindividual shall:\\n (a) review and consider all records or information provided by the\\nindividual or his or her treating health care practitioner that are\\npertinent to the claimed medical condition;\\n (b) make a specific diagnosis as evidenced by medically appropriate\\ntests or evaluations in determination of the individual's claimed\\ncondition;\\n (c) render to the individual and the social services district, an\\nopinion, particularizing the presence or absence of the alleged\\ncondition; and\\n (d) In the event that he or she identifies a condition, other than the\\nalleged condition, that may interfere with the individual's ability to\\nfully engage in work activities, the practitioner shall report such\\ncondition; and\\n (e) determine whether the individual is:\\n (i) disabled and unable to engage in work activities pursuant to this\\ntitle for a stated period of time, in which case the applicant shall be\\nexempt in accordance with paragraph (a) of subdivision one of section\\nthree hundred thirty-two of this title;\\n (ii) for a stated period of time, not disabled, but work limited, and\\nable to engage in work activities pursuant to this title, with stated\\nlimitations, or\\n (iii) neither disabled nor work limited.\\n 4-a. If the practitioner to whom the individual is referred pursuant\\nto subdivision four or paragraph (b) of subdivision two of this section\\nissues an opinion that differs from the applicant's treating health care\\npractitioner, the practitioner shall provide a written determination\\nthat specifies why the practitioner disagrees with the applicant's\\ntreating health care practitioner's disability determination and present\\nevidence that supports the opinion.\\n 5. When an applicant or recipient has requested or a social services\\nofficial has directed a determination pursuant to this section, no\\nassignment to work activities may be made until completion of such\\ndetermination, unless the applicant or recipient agrees to a limited\\nwork assignment not inconsistent with the medical condition alleged by\\nsuch person.\\n 6. When an applicant or recipient receives notification of the\\nexamining medical professional's disability determination, he or she\\nshall also be notified of his or her right to request a fair hearing\\nwithin ten days of such notice. If such applicant timely requests a fair\\nhearing, no assignment to work activities pursuant to this title may be\\nmade pending such hearing and determination unless the applicant or\\nrecipient agrees to a limited work assignment not inconsistent with the\\nmedical condition alleged by such person. Provided, however, that if a\\nsocial services district has reason to believe that such recipient or\\napplicant does not actually suffer from a work limiting condition, the\\ndistrict shall provide the applicant or recipient with notice of\\npotential sanctions pursuant to subdivision three of section three\\nhundred forty-two of this title, and provided further that recipients\\nwill be subject to sanctions pursuant to subdivision three of section\\nthree hundred forty-two of this title if the district determines, based\\non clear medical evidence, that there is no basis for the individual's\\nclaim that he or she is unable to fully engage in work activities, and\\nthat the individual intentionally misrepresented his or her medical\\ncondition.\\n 7. Any applicant or recipient determined to be work limited pursuant\\nto this section may be assigned to work activities only in accordance\\nwith the limitations and protections set forth in paragraph (e) of\\nsubdivision five of section three hundred thirty-five-b of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "333", "title" : "Local plans and requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "333", "activeDate" : "2014-09-22", "sequenceNo" : 313, "repealedDate" : null, "fromSection" : "333", "toSection" : "333", "text" : " § 333. Local plans and requirements. Each social services district\\nshall submit to the commissioner for approval a biennial plan for the\\nprovision of education, work, training and supportive services related\\nto the operation of work activity programs pursuant to this title.\\n Such plan shall be developed in cooperation and coordination with\\npublic and private education institutions, child care providers, child\\ncare resource and referral agencies if available in the district, labor\\nunions, libraries, public and private employers, employment and training\\nagencies and organizations, and private industry councils established in\\nservice delivery areas defined in subdivision five of section nine\\nhundred seventy-one of the executive law.\\n Such plan shall be generally available to the public for review and\\ncomment for a period of thirty days prior to submission to the\\ncommissioner. In accordance with department regulations and consistent\\nwith federal law and regulations, such plan shall include, but not be\\nlimited to, the following:\\n 1. Estimates of the number of participants to be served;\\n 2. A description of available supportive services as prescribed by\\nsection three hundred thirty-two-a of this title;\\n 3. A description of the available activities under this title and the\\nestimated capacity of such activities;\\n 4. A description of the district's plan to meet federal requirements\\nregarding participation and the district's criteria established pursuant\\nto the provisions of paragraph (b) of subdivision two of section three\\nhundred thirty-two of this title;\\n 5. A list of education and training providers, such as job training\\npartnership act agencies, educational agencies and other public agencies\\nor private organizations with which the district expects to enter into\\nagreements or contracts with a description of such contracts;\\n 6. A description of the orientation to be provided to participants\\npursuant to section three hundred thirty-four of this title;\\n 7. A description of the assessment tools chosen and the employee\\nqualifications, district administrative unit or contracting entity that\\nwill be responsible for the assessments and the development of the\\nemployability plans;\\n 8. A description of the conciliation procedures to be made available\\nto participants pursuant to section three hundred forty-one of this\\ntitle; and\\n 9. Such additional information as is necessary to comply with federal\\nrequirements and to provide the report required under section three\\nhundred thirty-nine of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "334", "title" : "Orientation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "334", "activeDate" : "2014-09-22", "sequenceNo" : 314, "repealedDate" : null, "fromSection" : "334", "toSection" : "334", "text" : " § 334. Orientation. 1. In accordance with department regulations, a\\nsocial services district shall, at the time of application or\\nredetermination, in writing and orally inform all public assistance\\napplicants and recipients of the availability of activities and\\nsupportive services provided under this title for which they are\\neligible and of district or participant responsibilities, including:\\n (a) education, employment and training opportunities available under\\nthe local plan, including educational and training opportunities\\navailable at no cost to the participant as well as the responsibilities\\nassociated with the repayment of student financial aid;\\n (b) supportive services as prescribed by section three hundred\\nthirty-two-a of this title; child care pursuant to section four hundred\\nten-u of this chapter for persons whose eligibility for assistance has\\nterminated; and applicable medical assistance;\\n (c) the obligations of the district regarding the activities and\\nsupportive services to be provided;\\n (d) the rights, responsibilities and obligations of the participant in\\nthe program including, but not limited to, participation and the\\nconsequences of failure to participate in work activities without good\\ncause;\\n (e)(1) the types and settings of child care services which may be\\nreasonably accessible to participants and how such services shall be\\nprovided and financed;\\n (2) the assistance available to help participants select appropriate\\nchild care services; and\\n (3) the assistance available upon request to help participants obtain\\nchild care services.\\n 2. A local social services official shall inform applicants for and\\nrecipients of public assistance of their responsibility to cooperate in\\nestablishing paternity and enforcing child support obligations.\\n 3. Consistent with federal and state law and regulations, a local\\nsocial services official shall, within one month of the recipient's\\nparticipation in orientation, notify the recipient in writing of the\\nopportunity to participate in the district's programs established under\\nthis title and provide a clear description of how to enter the programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "335", "title" : "Assessments and employability plans for certain recipients in households with dependent children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-01-06" ], "docLevelId" : "335", "activeDate" : "2023-01-06", "sequenceNo" : 315, "repealedDate" : null, "fromSection" : "335", "toSection" : "335", "text" : " § 335. Assessments and employability plans for certain recipients in\\nhouseholds with dependent children. 1. Each social services official\\nshall ensure that each recipient of public assistance who is a member of\\na household with dependent children and is eighteen years of age or\\nolder, or who is sixteen or seventeen years of age and is not attending\\nsecondary school and has not completed high school or a high school\\nequivalency program, receives an assessment of employability based on\\nhis or her educational level, including literacy and English language\\nproficiency, basic skills proficiency, child care and other supportive\\nservices needs; and skills, prior work experience, training and\\nvocational interests. This assessment shall include a review of family\\ncircumstances including a review of any special needs of a child and\\nwhether home visiting services would be appropriate and beneficial for\\nthe family. Such assessment shall be completed within ninety days of the\\ndate on which such person is determined eligible for public assistance.\\nAn applicant for or recipient of public assistance may be assigned to\\nwork activities prior to completion of such assessment.\\n 2. (a) Based on the assessment required by subdivision one of this\\nsection, the social services official, in consultation with the\\nparticipant, shall develop an employability plan in writing which shall\\nset forth the services that will be provided by the social services\\nofficial, including but not limited to child care and other services and\\nthe activities in which the participant will take part, including child\\ncare and other services and shall set forth an employment goal for the\\nparticipant. To the extent possible, the employability plan shall\\nreflect the preferences of the participant in a manner that is\\nconsistent with the results of the participant's assessment and the need\\nof the social services district to meet federal and state work activity\\nparticipation requirements, and, if such preferences cannot be\\naccommodated, the reasons shall be specified in the employability plan.\\nThe employability plan shall also take into account the participant's\\nsupportive services needs, available program resources, local employment\\nopportunities, and where the social services official is considering an\\neducational activity assignment for such participant, the participant's\\nliability for student loans, grants and scholarship awards. The\\nemployability plan shall be explained to the participant. Any change to\\nthe participant's employability plan required by the social services\\nofficial shall be discussed with the participant and shall be documented\\nin writing.\\n (b) Where an assessment indicates that a participant who is not\\nsubject to the education requirements of subdivision four of section\\nthree hundred thirty-six-a of this title has not attained a basic\\nliteracy level, the social services official shall encourage and may\\nrequire the participant to enter a program to achieve basic literacy or\\nhigh school equivalency or to enter such educational programs in\\ncombination with other training activities consistent with the\\nemployability plan.\\n (c) Where an assessment indicates that home visiting services would be\\nappropriate and beneficial to the public assistance household, and such\\nservices are available, the local social services official shall\\nencourage the recipient to participate in such services. To the extent\\nthat such participant is interested in receiving home visiting services,\\nthe local social services official shall assign the participant to a\\nwork activity in accordance with paragraph (f) or (m) of subdivision one\\nof section three hundred thirty-six of this title, where such home\\nvisiting services shall count towards the individual's work requirements\\nas set forth in section three hundred thirty-five-b of this title.\\n 3. Each applicant for or recipient of public assistance as described\\nherein must participate in an assessment as required by the social\\nservices district in accordance with the conditions of this section.\\nApplicants who fail or refuse to participate with the requirements of\\nthis section shall be ineligible for public assistance. Recipients who\\nfail or refuse to participate with the requirements of this section\\nshall be subject to the sanctions set forth in section three hundred\\nforty-two of this title.\\n 4. A local social services official shall, pursuant to department\\nregulations developed in consultation with the department of education,\\nand the department of social services or its successor agencies use\\ndesignated trained staff or contract with providers having a\\ndemonstrated effectiveness in performing assessments and developing\\nemployability plans to perform assessments and develop employability\\nplans.\\n 5. A social services district shall assign participants to activities\\npursuant to their employability plans to the extent that child care is\\nguaranteed and other services as prescribed by section three hundred\\nthirty-two-a of this title and section four hundred ten-u of this\\nchapter are available. The district shall provide information to\\nparticipants orally and in writing, as appropriate, regarding child care\\nand the methods of payment therefor. Such information shall be\\nsufficient for participants to make an informed decision regarding child\\ncare.\\n 6. Nothing in this section shall be construed to prevent a social\\nservices official from providing an assessment more detailed or\\ncomprehensive than the requirements set forth in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "335-A", "title" : "Assessments and employability plans for certain recipients in households without dependent children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "335-A", "activeDate" : "2014-09-22", "sequenceNo" : 316, "repealedDate" : null, "fromSection" : "335-A", "toSection" : "335-A", "text" : " § 335-a. Assessments and employability plans for certain recipients in\\nhouseholds without dependent children. 1. To the extent resources are\\navailable, the social services official shall, within a reasonable\\nperiod of time not to exceed one year following application and not to\\nthe exclusion of the assessment requirements of section three hundred\\nthirty-five of this title, conduct an assessment of employability based\\non the educational level, including literacy and English language\\nproficiency; basic skills proficiency; supportive services needs; and\\nthe skills, prior work experience, training and vocational interests of\\neach participant. This assessment shall include a review of family\\ncircumstances.\\n 2. (a) Based on the assessment required by subdivision one of this\\nsection, the social services official, in consultation with the\\nparticipant, shall develop an employability plan in writing which shall\\nset forth the services that will be provided by the social services\\nofficial and the activities in which the participant will take part,\\nincluding supportive services and shall set forth an employment goal for\\nthe participant. To the extent possible, the employability plan shall\\nreflect the preferences of the participant in a manner that is\\nconsistent with the results of the participant's assessment and the need\\nof the social services district to meet federal and state work activity\\nparticipation requirements, and, if such preferences cannot be\\naccommodated, the reasons shall be specified in the employability plan.\\nThe employability plan also shall take into account the participant's\\nsupportive services needs, available program resources, local employment\\nopportunities, and where the social services official is considering an\\neducational activity assignment for such participant, the participant's\\nliability for student loans, grants and scholarship awards. The\\nemployability plan shall be explained to the participant. Any change to\\nthe participant's employability plan required by the social services\\nofficial shall be discussed with the participant and shall be documented\\nin writing.\\n (b) Where an assessment indicates that a participant who is not\\nsubject to the education requirements of this title has not attained a\\nbasic literacy level, the social services official shall encourage and\\nmay require the participant to enter a program to achieve basic literacy\\nor high school equivalency or to enter such educational programs in\\ncombination with other training activities consistent with the\\nemployability plan.\\n 3. A local social services official shall, pursuant to department\\nregulations developed in consultation with the department of education\\nand the department of social services or its successor agencies, use\\ndesignated trained staff or contract with providers having a\\ndemonstrated effectiveness in performing assessments and developing\\nemployability plans to perform assessments and develop employability\\nplans.\\n 4. Each applicant for or recipient of public assistance as described\\nherein must participate in an assessment as required by the social\\nservices district in accordance with the conditions of this section.\\nApplicants who fail or refuse to participate with the requirements of\\nthis section shall be ineligible for public assistance. Recipients who\\nfail or refuse to participate with the requirements of this section\\nshall be subject to the sanctions set forth in section three hundred\\nforty-two of this title.\\n 5. A social services district shall assign participants to activities\\npursuant to their employability plans to the extent that supportive\\nservices including transportation are available.\\n 6. Nothing in this section shall be construed to prevent a social\\nservices official from providing an assessment more detailed or\\ncomprehensive that the requirements set forth in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "335-B", "title" : "Mandatory work requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-01-06" ], "docLevelId" : "335-B", "activeDate" : "2023-01-06", "sequenceNo" : 317, "repealedDate" : null, "fromSection" : "335-B", "toSection" : "335-B", "text" : " § 335-b. Mandatory work requirements. 1. Each social services district\\nshall meet or exceed the minimum participation rate for recipients of\\nassistance funded under the federal temporary assistance for needy\\nfamilies program participating in work activities as specified below\\nwith respect to families receiving such assistance. Each such district\\nshall also meet or exceed the minimum participation rates for households\\nin which there is an adult who is receiving safety net assistance. Work\\nactivities for which such rates apply are described in section three\\nhundred thirty-six of this title.\\n (a) Such rate for all families receiving assistance funded under the\\nfederal temporary assistance for needy families program shall be as\\nfollows: for federal fiscal year nineteen hundred ninety-seven,\\ntwenty-five percent; nineteen hundred ninety-eight, thirty percent;\\nnineteen hundred ninety-nine, thirty-five percent; two thousand, forty\\npercent; two thousand one, forty-five percent; two thousand two and\\nthereafter, fifty percent. Such rates shall apply unless the state is\\nrequired to meet a different rate as imposed by the federal government,\\nin which case such different rate shall apply in accordance with a\\nmethodology approved by the commissioner of the office of temporary and\\ndisability assistance.\\n (b) Such rate for two-parent families receiving assistance funded\\nunder the federal temporary assistance for needy families program shall\\nbe as follows: for federal fiscal years nineteen hundred ninety-seven\\nand nineteen hundred ninety-eight, seventy-five percent; nineteen\\nhundred ninety-nine and thereafter, ninety percent. Such rate shall\\napply unless the state is required to meet a different rate as imposed\\nby the federal government, in which case such different rate shall apply\\nin accordance with a methodology approved by the commissioner of the\\noffice of temporary and disability assistance.\\n (c) Such rate for households with dependent children in which there is\\nan adult or minor head of household and which is receiving safety net\\nassistance shall be fifty percent.\\n (d) Calculation of participation rates. The commissioner of the office\\nof temporary and disability assistance shall promulgate regulations\\nwhich define the participation rate calculation. Such calculation for\\nfamilies receiving assistance funded under the federal temporary\\nassistance for needy families program pursuant to article IV-A of the\\nsocial security act shall be consistent with that established in federal\\nlaw.\\n (e) Minimum work hours. In order for individuals to be included in the\\nparticipation rates specified in this subdivision, such individuals must\\nbe engaged in work as defined in title IV-A of the social security act\\nand in this section for a minimum average weekly number of hours as\\nspecified below.\\n (i) For all families, if the month is in federal fiscal year: nineteen\\nhundred ninety-seven and nineteen hundred ninety-eight, twenty hours per\\nweek; nineteen hundred ninety-nine, twenty-five hours per week; two\\nthousand and thereafter, thirty hours per week.\\n (ii) For two-parent families or households without dependent children,\\nin any federal or state fiscal year, thirty-five hours per week.\\n (iii) In the case of a two-parent family receiving federally funded\\nchild care assistance and a parent in the family is not disabled or\\ncaring for a severely disabled child, the individual and the other\\nparent in the family are participating in work activities for a total of\\nat least fifty-five hours per week during the month, not fewer than\\nfifty hours of which are attributable to activities described in\\nparagraphs (a) through (h) and (l) of subdivision one of section three\\nhundred thirty-six of this title.\\n (f) Such rate for households without dependent children in which there\\nis an adult or minor head of household and which is receiving safety net\\nassistance shall be fifty percent.\\n 2. Engaged in work for a month shall mean participating in work\\nactivities identified in subdivision one of section three hundred\\nthirty-six of this title for the required number of hours specified in\\nthis section provided, however, that at least twenty hours of such\\nparticipation, or thirty hours for two-parent families, or fifty hours\\nfor two-parent families receiving federally funded child care as set\\nforth in subparagraph (iii) of paragraph (d) of subdivision one of this\\nsection, shall be attributable to the activities described in paragraphs\\n(a) through (h) and (l) of subdivision one of section three hundred\\nthirty-six of this title, or for households without dependent children\\nat least twenty hours of participation shall be attributable to the\\nactivities set forth in paragraphs (a) through (h) and (l) of\\nsubdivision one of section three hundred thirty-six of this title, and\\nfurther provided that participation in job search and job readiness\\nassistance as identified in paragraph (f) of subdivision one of section\\nthree hundred thirty-six of this title shall only be determined as\\nengaged in work for a maximum period of six weeks, only four of which\\nmay be consecutive as otherwise limited by federal law; and that\\nindividuals in all families and in two parent families may be engaged in\\nwork for a month by reason of participation in vocational training to\\nthe extent allowed by federal law. Any non-graduate student\\nparticipating or approved by CUNY, SUNY or another degree granting\\ninstitution, or any other state or local district approved education,\\ntraining or vocational rehabilitation agency to participate in\\nwork-study, or in internships, externships, or other work placements\\nthat are part of the curriculum of that student, shall not be\\nunreasonably denied the ability to participate in such programs and each\\nhour of participation shall count toward satisfaction of such student's\\nwork activity requirements of this title provided that the district may\\nconsider, among other factors, (a) whether the student has voluntarily\\nterminated his or her employment or voluntarily reduced his or her\\nearnings to qualify for public assistance pursuant to subdivision ten of\\nsection one hundred thirty-one of this article; (b) whether a comparable\\njob or on the job training position can reasonably be expected to exist\\nin the private, public or not-for-profit sector; (c) that the student\\nhas a cumulative C average or its equivalent, which may be waived by the\\ndistrict for undue hardship based on (1) the death of a relative of the\\nstudent, (2) the personal injury or illness of the student, or (3) other\\nextenuating circumstances; and (d) whether the institution cooperates in\\nmonitoring students attendance and performance and reports to the local\\nsocial services department monthly on each student. Failure of the\\ninstitution to monitor and report monthly to local social services\\ndistricts on attendance and performance of the student's work study,\\ninternship, externship or other work placement shall be cause for the\\ndepartment to reasonably deny the student's ability to participate in\\nsuch programs. Students shall be subject to sanctions equivalent to\\nthose associated with failure to adequately satisfy their other required\\nwork activities. In assigning a non-graduate student participating in\\nwork-study, internships, externships or other work placements, pursuant\\nto this section, to other work activities the district shall make\\nreasonable effort to assign the student to hours that do not conflict\\nwith the student's academic schedule.\\n 3. For purposes of determining monthly participation rates under this\\nsection, a recipient in a one parent family who is the only parent or\\ncaretaker relative in the family of a child who has not attained six\\nyears of age is deemed to be engaged in work for a month if the\\nrecipient is engaged in work for an average of at least twenty hours per\\nweek during the month.\\n 4. For the purposes of this section, a recipient who is married or a\\nhead of household and has not attained twenty years of age and who\\nmaintains satisfactory school attendance in accordance with federal\\nrequirements shall be deemed to be engaged in work to the extent allowed\\nby federal law and regulations.\\n 5. (a) Each parent or caretaker of a child, when such parent or\\ncaretaker is receiving public assistance, must be engaged in work as\\nestablished by the social services district in accordance with the\\nprovisions of its local plan filed pursuant to section three hundred\\nthirty-three of this title.\\n (b) Each social services official shall ensure that each parent or\\ncaretaker of a child, when such parent or caretaker is receiving\\nbenefits under the federal temporary assistance for needy families\\nprogram, is required to be engaged in work as soon as practicable, but\\nno later than twenty-four months (whether or not consecutive) from\\ninitial receipt of such assistance.\\n (c) Each social services official shall ensure that each parent or\\ncaretaker of a child, when such parent or caretaker is receiving public\\nassistance, is engaged in work as soon as practicable. Provided,\\nhowever, that such social services official shall ensure that each\\nparent or caretaker of a child under the age of five is provided with\\ninformation regarding home visiting programs which meet the criteria\\nestablished pursuant to 42 U.S.C. 711 in their area, and that such home\\nvisiting services may satisfy a portion of such individual's required\\nwork activities.\\n (d) Each social services official shall ensure that each adult member\\nof a household without dependents, when such household is receiving\\npublic assistance is engaged in work as soon as practicable.\\n (e) Notwithstanding any other requirement of this section, individuals\\nin receipt of public assistance and who are work limited in accordance\\nwith section three hundred thirty-two-b of this title shall be assigned\\nto work activities in accordance with this title only if such\\nassignment:\\n (i) is consistent with the individual's treatment plan and is\\ndetermined to be appropriate by the social services official who is\\nsatisfied that such person is able to perform the work assigned and that\\nsuch assignment will assist the individual's transition to\\nself-sufficiency. In the event that such assignment is not part of the\\nindividual's treatment plan, the individual shall be deemed to be\\nengaged in work as defined in this subsection if he or she is complying\\nwith the requirements of his or her treatment plan.\\n (ii) where no treatment plan exists, is consistent with the\\nindividual's mental and physical limitations.\\n (f) The social services district shall communicate to the person\\nsupervising the work assignment of a work limited recipient any\\nlimitations of the recipient.\\n 6. Recipients of safety net assistance who are exempt or work limited\\npursuant to this title shall be determined to be engaged in work as\\ndefined by department regulation.\\n 7. Notwithstanding the participation rates set forth in subdivision\\none of this section, for purposes of receiving the enhanced state\\nreimbursement for administration of income maintenance, food stamps, and\\nemployment programs as set forth in subdivision seventeen of section one\\nhundred fifty-three of this article, the district must meet a fifty\\npercent average monthly participation rate for the following categories\\nof households in a fiscal year: households receiving assistance funded\\nunder the federal temporary assistance for needy families block grant\\nprogram in which there is an adult or minor head of household; and\\nhouseholds with dependent children in which there is an adult or minor\\nhead of household and which is receiving safety net assistance and\\npayment for which is used to meet the federally required maintenance of\\neffort for the temporary assistance for needy families block grant;\\nprovided, however, that in the first state fiscal year in which this\\nsubdivision shall have become a law, the participation rate shall be\\ncalculated by averaging the monthly participation rate for the period\\nfrom October first, two thousand six to December thirty-first, two\\nthousand six and for the second year, the participation rate shall be\\ncalculated by averaging the monthly participation rate for the period\\nfrom October first, two thousand six to September thirtieth, two\\nthousand seven, and for each year thereafter, the participation rate\\nshall be calculated by averaging the monthly participation rate for the\\nfederal fiscal year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "335-C", "title" : "Pilot programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "335-C", "activeDate" : "2014-09-22", "sequenceNo" : 318, "repealedDate" : null, "fromSection" : "335-C", "toSection" : "335-C", "text" : " § 335-c. Pilot programs. From the funds specifically appropriated\\ntherefor the commissioner of the office of temporary and disability\\nassistance in cooperation with the commissioner of the office of\\nchildren and family services may conduct pilot programs in up to five\\nsocial services districts to provide intensive employment and other\\nsupportive services including job readiness and job placement services\\nto non-custodial parents who are unemployed or who are working less than\\ntwenty hours per week; who are recipients of public assistance or whose\\nincome does not exceed two hundred percent of the federal poverty level;\\nand who have a child support order payable through the support\\ncollection unit as created by section one hundred eleven-h of this\\nchapter or have had paternity established for his or her child and a\\ncourt proceeding has been initiated to obtain an order of child support,\\nand the custodial or non-custodial parent is receiving child support\\nservices through a social services district. Non-custodial parents\\ndetermined to be eligible for participation in the pilot programs shall\\nbe informed of the opportunity to participate in such programs on a\\nvoluntary basis. The pilot programs shall have as one component\\nparenting education for the non-custodial parents. Non-custodial parents\\nshall be required to attend such parenting education as a condition of\\nparticipating in the pilot programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "336", "title" : "Work activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-09-15", "2018-03-16", "2023-01-06" ], "docLevelId" : "336", "activeDate" : "2023-01-06", "sequenceNo" : 319, "repealedDate" : null, "fromSection" : "336", "toSection" : "336", "text" : " § 336. Work activities. 1. Social services districts may provide, and\\nrequire applicants for and recipients of public assistance to\\nparticipate in a variety of activities, including but not limited to the\\nfollowing:\\n (a) unsubsidized employment;\\n (b) subsidized private sector employment;\\n (c) subsidized public sector employment;\\n (d) work experience in the public sector or non-profit sector,\\n(including work associated with refurbishing publicly assisted housing)\\nif sufficient private sector employment is not available;\\n (e) On-the-job training;\\n (f) job search and job readiness assistance, which shall include\\nactivities with the goal of seeking or obtaining employment, or\\npreparation to seek or obtain employment, including life-skills\\ntraining, which shall include but not be limited to home visiting\\nservices to the recipient and their family, and provided further that\\njob search is an active and continuing effort to secure employment\\nconfigured by the local social services official; and such social\\nservices district may work in cooperation with the department of labor\\nto provide workforce guidance and information in accordance with section\\nten-c of the labor law;\\n (g) community service programs provided, however, the number of hours\\na participant in community service activities authorized pursuant to\\nthis section shall be required to work in such assignment shall not\\nexceed a number which equals the amount of assistance payable with\\nrespect to such individual (inclusive of the value of food stamps\\nreceived by such individual, if any) divided by the higher of (a) the\\nfederal minimum wage, or (b) the state minimum wage. No participant\\nshall in any case be required to engage in assigned activities for more\\nthan forty hours in any week. No participant shall be assigned to a\\ncommunity service activity that conflicts with his or her bona fide\\nreligious beliefs;\\n (h) vocational educational training as time limited by federal law.\\nFor the purposes of this title, \"vocational educational training\" shall\\ninclude but not be limited to organized educational programs offering a\\nsequence of courses which are directly related to the preparation of\\nindividuals for current or emerging occupations including programs that\\nrequire up to four years of post-secondary education. Such programs\\nshall include competency-based applied learning which contributes to an\\nindividual's academic knowledge, higher-order reasoning, and\\nproblem-solving skills, work attitudes, general employability skills,\\nand the occupational-specific skills necessary for economic\\nindependence. Such term also includes applied technology education;\\n (i) job skills training directly related to employment. Job skills\\ntraining directly related to employment may include but not be limited\\nto participation in up to four years of post-secondary education to the\\nextent consistent with federal and state requirements;\\n (j) education directly related to employment, in the case of a\\nrecipient who has not yet received a high school diploma or a\\ncertificate of high school equivalency;\\n (k) satisfactory attendance at secondary school or a course of study\\nleading to a certificate of general equivalency in the case of a\\nrecipient who has not completed secondary school or received such\\ncertificate;\\n (l) provision of child care services to an individual who is\\nparticipating in community service;\\n (m) job search and job readiness assistance, as defined in paragraph\\n(f) of this subdivision, once the individual has exceeded the six week\\nlimit set in federal law;\\n (n) educational activities pursuant to section three hundred\\nthirty-six-a of this title.\\n 2. No participant shall be required to provide child care services as\\na work activity described in this section unless the participant\\nexpressly requests in writing to provide such services.\\n 3. Social services districts may enter into agreements with public and\\nprivate employment agencies to assist recipients of public assistance to\\nfind jobs.\\n 4. No participant shall in any case be required to engage in assigned\\nactivities for more than forty hours in any week.\\n 5. In no event shall the programs and activities enumerated in this\\ntitle be deemed the sole activities that a social services district may\\nprovide and require applicants for and recipients of public assistance\\nto engage in. Any program or activity that meets the goals of this title\\nand is consistent with the requirements of the labor law and this\\nchapter shall be allowed.\\n 6. Any social services district that establishes and provides a\\nprogram or activity not herein enumerated shall set forth the\\nrequirements and structure of such program or activity in its local plan\\npursuant to the provisions of section three hundred thirty-three of this\\ntitle.\\n 7. In accordance with the provisions of paragraph (h) of subdivision\\ntwo of section four hundred fifty-four of the family court act or as\\notherwise required by the court, the court may assign to work activities\\nthe non-custodial parents of children receiving public assistance and\\nrequire a report to such court of any failure of said parent to comply\\nwith the requirements of such program.\\n 8. The hours of participation in federal work study programs completed\\npursuant to section three hundred thirty-five-b of this title shall be\\nincluded as a work activity within the definition of unsubsidized\\nemployment, subsidized private sector employment or subsidized public\\nsector employment pursuant to paragraphs (a), (b) and (c) of subdivision\\none of this section, and the hours of participation in internships,\\nexternships and other work placements completed pursuant to section\\nthree hundred thirty-five-b of this title shall be included as a work\\nactivity within the definition of on-the-job training pursuant to\\nparagraph (e) of subdivision one of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "336-A", "title" : "Educational activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-09-15", "2018-03-16", "2023-05-12", "2024-01-05" ], "docLevelId" : "336-A", "activeDate" : "2023-05-12", "sequenceNo" : 320, "repealedDate" : null, "fromSection" : "336-A", "toSection" : "336-A", "text" : " § 336-a. Educational activities. * 1. Social services districts shall\\nmake available vocational educational training and educational\\nactivities. Such activities may include but need not be limited to, high\\nschool education or education designed to prepare a participant for a\\nhigh school equivalency certificate, basic and remedial education,\\neducation in English proficiency, education or a course of instruction\\nin financial literacy and personal finance that includes instruction on\\nhousehold cash management techniques, career advice to obtain a well\\npaying and secure job, using checking and savings accounts, obtaining\\nand utilizing short and long term credit, securing a loan or other long\\nterm financing arrangement for high cost items, participation in a\\nhigher education course of instruction or trade school, and no more than\\na total of four years of post-secondary education (or the part-time\\nequivalent). Educational activities pursuant to this section may be\\noffered with any of the following providers which meet the performance\\nor assessment standards established in regulations by the commissioner\\nfor such providers: a community college, licensed trade school,\\nregistered business school, or a two-year or four-year college;\\nprovided, however, that such post-secondary education must be necessary\\nto the attainment of the participant's individual employment goal as set\\nforth in the employability plan and such goal must relate directly to\\nobtaining useful employment in a recognized occupation. When making any\\nassignment to any educational activity pursuant to this subdivision,\\nsuch assignment shall be permitted only to the extent that such\\nassignment is consistent with the individual's assessment and employment\\nplan goals in accordance with sections three hundred thirty-five and\\nthree hundred thirty-five-a of this title and shall require that the\\nindividual maintains satisfactory academic progress and hourly\\nparticipation is documented consistent with federal and state\\nrequirements. For purposes of this provision \"satisfactory academic\\nprogress\" shall mean having a cumulative C average, or its equivalent,\\nas determined by the academic institution. The requirement to maintain\\nsatisfactory academic progress may be waived if done so by the academic\\ninstitution and the social services district based on undue hardship\\ncaused by an event such as a personal injury or illness of the student,\\nthe death of a relative of the student or other extenuating\\ncircumstances. Any enrollment in post-secondary education beyond a\\ntwelve month period must be combined with no less than twenty hours of\\nparticipation averaged weekly in paid employment or work activities or\\ncommunity service when paid employment is not available.\\n * NB Effective until December 29, 2023\\n * 1. Social services districts shall make available vocational\\neducational training and educational activities. Such activities may\\ninclude but need not be limited to, high school education or education\\ndesigned to prepare a participant for a high school equivalency\\ncertificate, basic and remedial education, education in English\\nproficiency, education or a course of instruction in financial literacy\\nand personal finance that includes instruction on household cash\\nmanagement techniques, career advice to obtain a well paying and secure\\njob, using checking and savings accounts, obtaining and utilizing short\\nand long term credit, securing a loan or other long term financing\\narrangement for high cost items, participation in a higher education\\ncourse of instruction or trade school, and no more than a total of four\\nyears of post-secondary education (or the part-time equivalent).\\nEducational activities pursuant to this section may be offered with any\\nof the following providers which meet the performance or assessment\\nstandards established in regulations by the commissioner for such\\nproviders: a community college, licensed trade school, registered\\nbusiness school, or a two-year or four-year college; provided, however,\\nthat such post-secondary education must be necessary to the attainment\\nof the participant's individual employment goal as set forth in the\\nemployability plan and such goal must relate directly to obtaining\\nuseful employment. When making an assignment to any educational activity\\npursuant to this subdivision, such assignment shall be permitted only to\\nthe extent that such assignment is consistent with the individual's\\nassessment and employment plan goals in accordance with sections three\\nhundred thirty-five and three hundred thirty-five-a of this title and\\nshall require that the individual maintains satisfactory academic\\nprogress and hourly participation is documented consistent with federal\\nand state requirements. For purposes of this provision \"satisfactory\\nacademic progress\" shall mean having a cumulative C average, or its\\nequivalent, as determined by the academic institution. The requirement\\nto maintain satisfactory academic progress may be waived if done so by\\nthe academic institution and the social services district based on undue\\nhardship caused by an event such as a personal injury or illness of the\\nstudent, the death of a relative of the student or other extenuating\\ncircumstances. Participation in an educational and/or vocational\\ntraining program, that shall include, but not be limited to, a two-year\\npost-secondary degree program, which is necessary for the participant to\\nattain their individual employment goal and is likely to lead to a\\ndegree or certification and sustained employment, shall be approved\\nconsistent with such individual's assessment and employability plan to\\nthe extent that such approval does not jeopardize the state's ability to\\ncomply with federal work participation rates, as determined by the\\noffice of temporary and disability assistance.\\n * NB Effective December 29, 2023\\n 2. When a district contracts with a proprietary vocational school to\\nprovide vocational educational training to participants, not more than\\ntwenty-five percent of the approved duration of the program shall be\\ndevoted to preparation for a high school equivalency diploma or\\ninstruction in English for students with limited proficiency in English.\\nParticipants needing instruction in basic literacy shall be referred to\\nbasic education programs. Instructors employed by proprietary schools to\\nprepare a participant for a high school equivalency certificate or for\\neducation in English proficiency shall meet experience requirements\\nestablished by the regulations of the commissioner of education.\\n 3. When a participant is assigned to an appropriate vocational\\neducational or educational activity and such activity is available at no\\ncost to the social services district through the school district or\\nboard of cooperative educational services in which the participant\\nresides or through another agency or organization providing educational\\nservices, the social services district shall refer the participant to\\nsuch district, board, agency or organization.\\n 4. To the extent provided in paragraphs (a) through (d) of this\\nsubdivision and if resources permit, each social services official shall\\nassign to appropriate educational activities any participant who has not\\nobtained a high school diploma or its equivalent:\\n (a) In accordance with the provisions of this chapter, any such\\nparticipant who is under age eighteen shall be required to attend\\neducational activities designed to prepare the individual for a high\\nschool degree or equivalency certificate. Participants who are not\\nsubject to compulsory school attendance requirements may be exempted\\nfrom the requirements of this paragraph under criteria established by\\nthe department in consultation with the state education department and\\nconsistent with federal law and regulations.\\n (b) Any such participant who is age eighteen or nineteen shall be\\nassigned to educational activities, except that the district shall\\nassign such participant to employment and/or other activities under this\\ntitle if the district has determined that such alternative activities\\nare consistent with the participant's employability plan and, pursuant\\nto department regulations, there has been a determination by the\\ndistrict based on such plan that educational activities are not\\nappropriate for such participant or that the participant has failed to\\nmake good progress in such educational activities.\\n (c) Any such participant who is an adult in a two-parent family and is\\nunder age twenty-five may be required to participate in educational\\nactivities consistent with his or her employment goals set forth in the\\nemployability plan.\\n (d) The social services official shall not assign a participant\\ndescribed in this subdivision to any activities which interfere with the\\neducational activities assigned pursuant to such participant's\\nemployability plan and described in this subdivision.\\n 5. Any applicant for or recipient of public assistance pursuing\\nactivities described in this subdivision shall not be assigned to any\\nother activity prior to conducting an assessment and developing an\\nemployability plan as prescribed in section three hundred thirty-five or\\nthree hundred thirty-five-a of this title. Local social services\\ndistricts may periodically reevaluate a participant's employment plan\\nand make assignments to other work activities in order to meet\\nparticipation rates, giving due consideration to the participant's\\nprogress in the current, and if applicable, prior program.\\n 6. Nothing required in this section shall be construed to supersede\\nthe eligibility requirements of teen parents as set forth in this\\nchapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "336-C", "title" : "Work experience", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "336-C", "activeDate" : "2014-09-22", "sequenceNo" : 321, "repealedDate" : null, "fromSection" : "336-C", "toSection" : "336-C", "text" : " § 336-c. Work experience. 1. (a) Work experience programs meeting\\nstate and federal requirements may be established by social services\\ndistricts.\\n (b) Work experience programs may include the performance of work for a\\nfederal office or agency, county, city, village or town or for the state\\nor in the operation of or in an activity of a nonprofit agency or\\ninstitution, in accordance with the regulations of the department.\\n 2. A recipient may be assigned to participate in such work experience\\nprogram only if:\\n (a) appropriate federal and state standards of health, safety and\\nother work conditions are maintained;\\n (b) The number of hours a participant in work experience activities\\nauthorized pursuant to this section shall be required to work in such\\nassignment shall not exceed a number which equals the amount of\\nassistance payable with respect to such individual (inclusive of the\\nvalue of food stamps received by such individual, if any) divided by the\\nhigher of (a) the federal minimum wage provided that such hours shall be\\nlimited as set forth in subdivision four of section three hundred\\nthirty-six of this title, or (b) the state minimum wage;\\n (c) such recipients are provided appropriate workers' compensation or\\nequivalent protection for on-the-job injuries and tort claims protection\\non the same basis, but not necessarily at the same benefit level, as\\nthey are provided to other persons in the same or similar positions,\\nwhile participating in work experience activities under this section;\\n (d) the project to which the participant is assigned serves a useful\\npublic purpose in fields such as health, social services, environmental\\nprotection, education, urban and rural development and redevelopment,\\nwelfare, recreation, operation of public facilities, public safety, and\\nchild day care;\\n (e) such assignment would not result in (i) the displacement of any\\ncurrently employed worker or loss of position (including partial\\ndisplacement such as reduction in the hours of non-overtime work, wages\\nor employment benefits) or result in the impairment of existing\\ncontracts for services or collective bargaining agreements; (ii) the\\nemployment or assignment of a participant or the filling of a position\\nwhen any other person is on layoff from the same or any equivalent\\nposition or the employer has terminated the employment of any regular\\nemployee or otherwise reduced its workforce with the effect of filling\\nthe vacancy so created with a participant assigned pursuant to this\\nsection; (iii) any infringement of the promotional opportunities of any\\ncurrent employed person; or (iv) the performance, by such participant,\\nof a substantial portion of the work ordinarily and actually performed\\nby regular employees; or (v) the loss of a bargaining unit position as a\\nresult of work experience participants performing, in part or in whole,\\nthe work normally performed by the employee in such position;\\n (f) such assignment is not at any work site at which the regular\\nemployees are on a legal strike against the employer or are being\\nsubjected to lock out by the employer.\\n 3. The public employer shall publish on a monthly basis a report\\nsummarizing the employer's work experience program for the month. Such\\nmonthly report shall include, at a minimum, summary information\\nregarding the agencies or departments where participants are assigned,\\nwork locations, job duties and assignments, hours worked and period\\nworked and shall be provided to the certified collective bargaining\\nrepresentative and may not be disclosed to any other party. Such\\ncertified collective bargaining representative shall take reasonable\\nsteps to protect the confidentiality of such information and shall take\\nreasonable steps to prevent disclosure of same to non-authorized\\npersons. Every report provided pursuant to this section shall contain a\\nwarning against re-disclosure and asserting the confidentiality of the\\ninformation therein provided.\\n 4. In assigning a recipient who is a non-graduate student attending\\nCUNY, SUNY or other approved non-profit education, training or\\nvocational rehabilitation agency, the social services district must,\\nafter consultation with officials of CUNY, SUNY or other non-profit\\neducation, training or vocational rehabilitation agency, assign the\\nstudent to a work site on campus, where the recipient is enrolled, and\\nshall not unreasonably assign the student to hours that conflict with\\nthe student's academic schedule, if an approved work experience\\nassignment is available. Where such work experience assignment is not\\navailable, the social services district shall, to the extent possible,\\nassign the student to a work site within reasonable proximity to the\\ncampus where the recipient is enrolled and shall not unreasonably assign\\nthe student to hours that conflict with the student's academic schedule.\\nProvided, however, in order to qualify for a work experience assignment\\non-campus, or in close proximity to campus, a student must have a\\ncumulative C average, or its equivalent. The district may waive the\\nrequirement that the student have a cumulative C average or its\\nequivalent for undue hardship based on: (i) the death of a relative of\\nthe student; (ii) the personal injury or illness of the student; or\\n(iii) other extenuating circumstances.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "336-D", "title" : "Job search activities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "336-D", "activeDate" : "2014-09-22", "sequenceNo" : 322, "repealedDate" : null, "fromSection" : "336-D", "toSection" : "336-D", "text" : " § 336-d. Job search activities. 1. Each applicant for or recipient of\\npublic assistance shall, upon request of the social services official,\\ndemonstrate that he or she is engaged in an active and continuing effort\\nto achieve self-sufficiency as defined by the department. Such effort\\nshall include but not be limited to an active and continuing search for\\nemployment, or for persons otherwise exempt in accordance with section\\nthree hundred thirty-two of this title, and where deemed appropriate by\\nthe social services official, activities that foster preparation for\\nemployment. Each such applicant or recipient shall have an affirmative\\nduty to accept any offer of lawful employment in which he or she may\\nengage. The failure of a social services district to assign applicants\\nand recipients to activities pursuant to this title shall not relieve\\nsuch persons from the requirements of this section. An individual who\\nfails to comply with the requirements of the section shall be subject to\\nthe provisions set forth in subdivision five of section one hundred\\nthirty-one of this chapter and of section three hundred forty-one and\\nthree hundred forty-two of this title.\\n 2. The social services official shall, if deemed appropriate by such\\nofficial, supervise job search activities assigned pursuant to this\\narticle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "336-E", "title" : "Subsidized public sector employment programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "336-E", "activeDate" : "2014-09-22", "sequenceNo" : 323, "repealedDate" : null, "fromSection" : "336-E", "toSection" : "336-E", "text" : " § 336-e. Subsidized public sector employment programs. 1. A social\\nservices district may establish subsidized public sector employment\\nprograms for public assistance recipients including, but not limited to,\\ngrant diversion programs, which may be supported wholly or in part with\\npublic assistance funds. Such programs shall be established through\\nagreements between local districts and employers; provided, however,\\nthat, if appropriate, the department may act on behalf of one or more\\nlocal districts in establishing such agreements.\\n 2. Programs may include, but need not be limited to, on-the-job\\ntraining programs which reimburse employers for the cost of training\\npublic assistance recipients through wage subsidies.\\n 3. The social services official or the department is authorized to\\ntransfer public assistance funds to employers through written agreements\\ndeveloped and executed in accordance with department regulations.\\n 4. A recipient may be assigned to a subsidized public sector\\nemployment activity only if:\\n (a) the conditions of employment including such factors as the type of\\nwork, geographical region and proficiency of the participant are\\nappropriate and reasonable.\\n (b) the recipient is deemed an employee for purposes of the applicable\\ncollective bargaining and labor laws and receives the same benefits and\\nprotections as existing employees similarly situated (working a similar\\nlength of time and doing similar work) receive pursuant to the\\nprovisions of law, and applicable collective bargaining agreement or\\notherwise as made available to the regular employees of the employer.\\nEach participating person shall be given the opportunity to work\\nsufficient hours to earn a net wage of at least the amount such person\\nwould have been entitled to receive as recipients of public assistance\\nor, where applicable, the amount such person would have received for his\\nor her household, including the amount for dependents. Such net wage\\nshall be calculated by deducting from gross wages federal income taxes,\\nfederal employment taxes, state income taxes, local income taxes and\\nunion dues, if any. No program shall be approved under this section\\nunless the commissioner is satisfied that it contains adequate\\nprovisions for the prompt resolution of disputes concerning\\nparticipation in the program and the obligations and benefits associated\\nwith it. Nothing contained in this section shall be deemed to affect,\\nmodify or abridge a participant's right to a fair hearing pursuant to\\nsection twenty-two of this chapter or representation thereat by counsel\\nor, if applicable, the participant's collective bargaining\\nrepresentative.\\n (c) a participant employed by an employer subject to the civil service\\nlaw or subject to rules consistent with such law is appointed to an\\nappropriate classified position. Notwithstanding any other provision of\\nlaw, rule or regulation, such position shall be deemed to be in the\\nnon-competitive class of the classified service only while such\\nparticipant is serving in the position.\\n (d) no employee of the participating employer is displaced by any\\nrecipient employed pursuant to this section. For the purpose of this\\nsubdivision, the term displacement shall include partial displacement,\\nsuch as a reduction in the customary hours of work (including overtime),\\nwages, or employment benefits.\\n (e) no participant shall be employed:\\n (i) if any other employee of the employer is available for\\nreinstatement, recall or reemployment following a leave of absence,\\nfurlough, layoff or suspension from the same or any substantially\\nequivalent job;\\n (ii) when the employer has terminated the employment of any regular\\nemployee or otherwise reduced its work force with the intention of\\nfilling the vacancy or vacancies so created by hiring a participant\\nwhose wages are subsidized under this program; or\\n (iii) when the employee organization representing employees of the\\nemployer is engaged in a strike against the employer or such employees\\nhave been locked-out by the employer; or\\n (iv) where such employment results in the loss of a bargaining unit\\nposition as a result of work experience participants performing, in part\\nor in whole, the work normally performed by the employee in such\\nposition.\\n (f) no position is created that will infringe in any way upon the\\npromotional opportunities of currently employed individuals or\\nindividuals currently engaged in an approved apprenticeship training\\nprogram.\\n (g) no participant shall remain in a position if another employee is\\neligible for promotion from an eligible list to that position. An\\nemployer shall, at least ten days prior to filling a position with a\\nparticipant, notify any employee organization that represents employees\\nwho are engaged in similar work or training in the same or substantially\\nequivalent job as that in which the placement is to be made, that it\\nintends to make a placement pursuant to the terms of this section.\\n (h) where an employee organization represents employees who are\\nengaged in similar work in the same or substantially equivalent job as\\nthat proposed to be funded under this program, an opportunity is\\nprovided for such organization to comment on the proposed placement of a\\nparticipant or the administration of the program and the social services\\nofficial or his or her designee shall respond to such comments within\\nten days of receipt thereof.\\n (i) employers are prohibited from using public assistance funds to\\nencourage or discourage membership in, or participation in the\\nactivities of, any employee organization and each employer provides to\\nthe social services district assurances that no such funds will be used\\nfor such purposes.\\n (j) nothing herein shall be construed to affect, modify or otherwise\\nabridge any provision of the civil service law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "336-F", "title" : "Subsidized private sector and not-for-profit employment programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "336-F", "activeDate" : "2019-04-19", "sequenceNo" : 324, "repealedDate" : null, "fromSection" : "336-F", "toSection" : "336-F", "text" : " § 336-f. Subsidized private sector and not-for-profit employment\\nprograms. 1. A social services district may establish subsidized private\\nsector employment programs for public assistance recipients including,\\nbut not limited to, grant diversion programs, which may be supported\\nwholly or in part with public assistance funds. Such programs shall be\\nestablished through agreements between local districts and employers,\\nincluding not for profit employers; provided, however, that, if\\nappropriate, the department may act on behalf of one or more local\\ndistricts in establishing such agreements.\\n 2. Programs may include, but need not be limited to, on-the-job\\ntraining programs which reimburse employers for the cost of training\\npublic assistance recipients through wage subsidies.\\n 3. The social services official or the department is authorized to\\ntransfer public assistance funds to employers through written agreements\\ndeveloped and executed in accordance with department regulations.\\n 4. A recipient may be placed in a subsidized private sector or\\nnot-for-profit employment activity only if:\\n (a) the conditions of employment including such factors as the type of\\nwork to be performed, the geographic location of the job, and the\\nqualifications of the participant are appropriate and reasonable.\\n (b) the recipient is deemed an employee for purposes of the applicable\\ncollective bargaining and labor laws and receives the same benefits and\\nprotections as an employee similarly situated (working a similar length\\nof time and doing similar work) receives pursuant to the provisions of\\nlaw, an applicable collective bargaining agreement or otherwise as made\\navailable to the employees of the employer.\\n (c) no employee of the participating employer is displaced by any\\nrecipient hired pursuant to this section. For the purpose of this\\nsubdivision, the term displacement shall include partial displacement,\\nsuch as a reduction in the customary hours of work (including overtime),\\nwages, or employment benefits.\\n (d) no participant shall be hired:\\n (i) if any other employee of the employer is available for\\nreinstatement, recall or reemployment following a leave of absence,\\nfurlough, layoff or suspension from the same or any substantially\\nequivalent job; or\\n (ii) when the employer has terminated the employment of any regular\\nemployee or otherwise reduced its work force with the intention of\\nfilling the vacancy or vacancies so created by hiring a participant\\nwhose wages are subsidized under this program; or\\n (iii) when the employee organization representing employees of the\\nemployer is engaged in a strike against the employer or such employees\\nhave been locked-out by the employer; or\\n (iv) when such hiring will result in the loss of a bargaining unit\\nposition as a result of work experience participants performing, in part\\nor in whole, the work normally performed by the employee in such\\nposition.\\n (e) no job is created that will infringe in any way upon the\\npromotional opportunities of current employees or individuals currently\\nengaged in an approved apprenticeship training program.\\n (f) no participant shall remain in a job if another employee is\\neligible for promotion to that job. An employer shall, at least ten days\\nprior to filling a position with a participant, notify any employee\\norganization that represents employees who are engaged in similar work\\nor training in the same or substantially equivalent jobs as those in\\nwhich the placement is to be made, that it intends to make a placement\\npursuant to the terms of this section.\\n (g) where an employee organization represents employees who are\\nengaged in similar work in the same or substantially equivalent jobs as\\nthose proposed to be funded under this program, an opportunity is\\nprovided for such organization to comment on the proposed placement of a\\nparticipant or the administration of the program and the social services\\nofficial or his or her designee shall respond to such comments within\\nten days of receipt thereof.\\n (h) employers are prohibited from using public assistance funds to\\nencourage or discourage membership in, or participation in the\\nactivities of, any employee organization and each employer provides to\\nthe social services district assurances that no such funds will be used\\nfor such purposes.\\n 5. The social services district shall require every private or\\nnot-for-profit employer that intends to hire one or more work activity\\nparticipants to certify to the district whether such employer has, in\\nthe past five years, been convicted of a felony or a misdemeanor the\\nunderlying basis of which involved workplace safety and health or labor\\nstandards. Such employer shall also certify as to all violations issued\\nby the department of labor within the past five years. The social\\nservices official in the district in which the participant is placed\\nshall determine whether there is a pattern of convictions or violations\\nsufficient to render the potential employer ineligible. Employers who\\nsubmit false information under this section shall be subject to criminal\\nprosecution for filing a false instrument.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "337", "title" : "Responsibilities of state departments and agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "337", "activeDate" : "2014-09-22", "sequenceNo" : 325, "repealedDate" : null, "fromSection" : "337", "toSection" : "337", "text" : " § 337. Responsibilities of state departments and agencies. 1.\\nNotwithstanding any provision of this chapter to the contrary,\\nresponsibility for the operation and administration of work, employment\\nand training programs in connection with the programs administered\\npursuant to this chapter shall be vested in the commissioner subject to\\nregulations, procedures and instructions of the department.\\n 2. The department is authorized to enter into agreements with any\\nstate agency, social services district or other entity for performance\\nof activities authorized under this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "338", "title" : "Cooperation of state departments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "338", "activeDate" : "2014-09-22", "sequenceNo" : 326, "repealedDate" : null, "fromSection" : "338", "toSection" : "338", "text" : " § 338. Cooperation of state departments. There shall be such\\ncooperative agreements and arrangements between and among the\\ndepartment, the state department of social services or its successor\\nagency, the state department of education and other appropriate state\\ndepartments as shall be necessary to assure compliance with federal and\\nstate requirements or requirements of this title relating to employment\\nprograms for applicants of and recipients of public assistance and to\\nassure that the purposes of such program will be effectively\\naccomplished. The purpose of such arrangements is to promote\\ninteragency planning, coordinate service delivery and identify needed\\nresources for the implementation of such employment programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "339", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "339", "activeDate" : "2014-09-22", "sequenceNo" : 327, "repealedDate" : null, "fromSection" : "339", "toSection" : "339", "text" : " § 339. Reports. The commissioner shall require, from each social\\nservices district, information and reports sufficient and timely to\\nenable the state to meet all federal reporting requirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "340", "title" : "Technical assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "340", "activeDate" : "2014-09-22", "sequenceNo" : 328, "repealedDate" : null, "fromSection" : "340", "toSection" : "340", "text" : " § 340. Technical assistance. The commissioner shall provide technical\\nassistance to social services districts in the development,\\nimplementation and administration of plans described in section three\\nhundred thirty-three of this title.\\n The department shall monitor the implementation and ongoing operation\\nof the programs pursuant to this title. Such monitoring shall include\\nreview of sample cases to assess compliance with applicable state and\\nfederal statutes and regulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "341", "title" : "Conciliation; refusal to participate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-12-25" ], "docLevelId" : "341", "activeDate" : "2015-12-25", "sequenceNo" : 329, "repealedDate" : null, "fromSection" : "341", "toSection" : "341", "text" : " § 341. Conciliation; refusal to participate. 1. (a) Consistent with\\nfederal law and regulations and this title, if a participant has failed\\nor refused to comply with the requirements of this title, the social\\nservices district shall issue a notice in plain language indicating that\\nsuch failure or refusal has taken place and of the right of such\\nparticipant to conciliation to resolve the reasons for such failure or\\nrefusal to avoid a pro-rata reduction in public assistance benefits for\\na period of time set forth in section three hundred forty-two of this\\ntitle. The notice shall indicate the specific instance or instances of\\nwillful refusal or failure to comply without good cause with the\\nrequirements of this title and the necessary actions that must be taken\\nto avoid a pro-rata reduction in public assistance benefits. The notice\\nshall indicate that the participant has seven days to request\\nconciliation with the district regarding such failure or refusal in the\\ncase of a safety net participant and ten days in the case of a family\\nassistance participant. The notice shall also include an explanation in\\nplain language of what would constitute good cause for non-compliance\\nand examples of acceptable forms of evidence that may warrant an\\nexemption from work activities, including evidence of domestic violence,\\nand physical or mental health limitations that may be provided at the\\nconciliation conference to demonstrate such good cause for failure to\\ncomply with the requirements of this title. If the participant does not\\ncontact the district within the specified number of days, the district\\nshall issue ten days notice of intent to discontinue or reduce\\nassistance, pursuant to regulations of the department. Such notice shall\\nalso include a statement of the participant's right to a fair hearing\\nrelating to such discontinuance or reduction. If such participant\\ncontacts the district within seven days in the case of a safety net\\nparticipant or within ten days in the case of a family assistance\\nparticipant, it will be the responsibility of the participant to give\\nreasons for such failure or refusal.\\n (b) Unless the district determines as a result of such conciliation\\nprocess that such failure or refusal was willful and was without good\\ncause, no further action shall be taken. If the district determines that\\nsuch failure or refusal was willful and without good cause, the district\\nshall notify such participant in writing, in plain language and in a\\nmanner distinct from any previous notice, by issuing ten days notice of\\nits intent to discontinue or reduce assistance. Such notice shall\\ninclude the reasons for such determination, the specific instance or\\ninstances of willful refusal or failure to comply without good cause\\nwith the requirements of this title, the necessary actions that must be\\ntaken to avoid a pro-rata reduction in public assistance benefits, and\\nthe right to a fair hearing relating to such discontinuance or\\nreduction. Unless extended by mutual agreement of the participant and\\nthe district, conciliation shall terminate and a determination shall be\\nmade within fourteen days of the date a request for conciliation is made\\nin the case of a safety net participant or within thirty days of the\\nconciliation notice in the case of a family assistance participant.\\n 2. (a) The department shall establish in regulation a conciliation\\nprocedure for the resolution of disputes related to an individual's\\nparticipation in programs pursuant to this title.\\n (b) The district shall contract with an independent entity, approved\\nby the department, or shall use designated trained staff at the\\nsupervisory level who have no direct responsibility for the\\nparticipant's case to mediate disputes in the conciliation conference.\\nIf no such supervisory staff or independent entity is available, the\\ndistrict may designate another trained individual, who has no direct\\nresponsibility for the participant's case to mediate disputes in the\\nconciliation conference.\\n (c) If a participant's dispute cannot be resolved through such\\nconciliation procedure, an opportunity for a fair hearing shall be\\nprovided. No sanction relating to the subject dispute may be imposed\\nduring the conciliation process.\\n 3. When any family assistance participant required to participate in\\nwork activities fails to comply with the provisions of this title, the\\nsocial services district shall take such actions as prescribed by\\nappropriate federal law and regulation and this title.\\n 4. When any safety net participant required to participate in work\\nactivities fails to comply with the provisions of this title, the social\\nservices district shall deny assistance to such participant in\\naccordance with section three hundred forty-two of this title.\\n 5. (a) To the extent that federal law requires, a social services\\ndistrict shall provide to those family assistance participants whose\\nfailure to comply has continued for three months or longer a written\\nreminder of the option to end a sanction after the expiration of the\\napplicable minimum sanction period by terminating the failure to comply\\nas specified in subdivision three of this section. Such notice shall\\nadvise that the participant may immediately terminate the first or\\nsecond sanction by participating in the program or accepting employment\\nand that any subsequent sanction after six months have elapsed may be\\nterminated by participating in the program or accepting employment.\\n (b) A social services district shall provide to those safety net\\nparticipants whose failure to comply has continued for the length of the\\nsanction period or longer a written reminder of the option to end a\\nsanction after the expiration of the applicable minimum sanction period\\nby terminating the failure to comply as specified in subdivision four of\\nthis section.\\n 6. Consistent with federal law and regulation, no action shall be\\ntaken pursuant to this section for failure to participate in the program\\nor refusal to accept employment if:\\n (a) child care for a child under age thirteen (or day care for any\\nincapacitated individual living in the same home as a dependent child)\\nis necessary for an individual to participate or continue participation\\nin activities pursuant to this title or accept employment and such care\\nis not available and the social services district fails to provide such\\ncare;\\n (b) (1) the employment would result in the family of the participant\\nexperiencing a net loss of cash income; provided, however, a participant\\nmay not claim good cause under this paragraph if the social services\\ndistrict assures that the family will not experience a net loss of cash\\nincome by making a supplemental payment;\\n (2) net loss of cash income results if the family's gross income less\\nnecessary work-related expenses is less than the cash assistance the\\nparticipant was receiving at the time the offer of employment is made;\\nor\\n (c) the participant meets other grounds for good cause set forth by\\nthe department in its implementation plan for this title which, at a\\nminimum, must describe what circumstances beyond the household's control\\nwill constitute \"good cause\".\\n 7. The provisions of this section shall not apply to persons who are\\nresidents of a city having a population of one million or more people.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "341-A", "title" : "Re-engagement; conciliation; refusal to participate", "docType" : "SECTION", "publishedDates" : [ "2015-12-25" ], "docLevelId" : "341-A", "activeDate" : "2015-12-25", "sequenceNo" : 330, "repealedDate" : null, "fromSection" : "341-A", "toSection" : "341-A", "text" : " § 341-a. Re-engagement; conciliation; refusal to participate. 1. The\\nprovisions of this section shall apply to persons who are residents of a\\ncity having a population of one million or more people.\\n 2. (a) Consistent with federal law and regulations and this title, if\\na participant has failed or refused to comply with the requirements of\\nthis title and the district has determined that he or she is not exempt\\nfrom such requirements and has verified that appropriate child care,\\ntransportation, and accommodations for disability were in place at the\\ntime of such failure or refusal, the social services district shall\\nissue a re-engagement notice in plain language indicating that such\\nfailure or refusal has taken place and of the right of such participant\\nto avoid a pro-rata reduction in public assistance benefits through the\\nre-engagement process. \"Re-engagement process\" shall mean the process\\nthrough which a participant may avoid a pro-rata reduction in public\\nassistance benefits by agreeing to comply with the requirements of this\\ntitle consistent with any medical condition which may limit the\\nindividual's ability to participate in work activities, by notifying the\\ndistrict that he or she has become exempt from the requirements of this\\ntitle, or by resolving the reasons for such failure or refusal at a\\nconciliation conference. The notice shall indicate that the participant\\nhas ten days to request re-engagement with the district. The notice\\nshall indicate the specific instance or instances of willful refusal or\\nfailure to comply without good cause with the requirements of this title\\nand the necessary actions that must be taken to avoid a pro-rata\\nreduction in public assistance benefits and the district has verified\\nthat appropriate child care, transportation and accommodations for\\ndisability were in place at the time of such failure or refusal.\\n (1) If a participant chooses to avoid a pro-rata reduction in public\\nassistance benefits through a conciliation conference, it will be the\\nresponsibility of the participant to give reasons for such failure or\\nrefusal. The re-engagement notice shall also include an explanation in\\nplain language of what would constitute good cause for non-compliance\\nand examples of acceptable forms of evidence that may warrant an\\nexemption from work activities, including evidence of domestic violence,\\nand physical or mental health limitations that may be provided at the\\nconciliation conference to demonstrate such good cause for failure to\\ncomply with the requirements of this title. Unless as part of the\\nre-engagement process the participant does not agree to comply, has not\\nbecome exempt or the district determines as a result of the conciliation\\nconference that such failure or refusal was willful and without good\\ncause, no further action shall be taken.\\n (2) If the participant does not contact the district within ten days\\nof the re-engagement notice, the district shall make a finding of\\nwhether the alleged failure or refusal to comply was willful and without\\ngood cause and shall consider any evidence in the possession of the\\ndistrict indicating that the participant has good cause and if the\\nparticipant is otherwise participating in work activities, there shall\\nbe no finding of willfulness without good cause based on a single\\nappointment or infraction.\\n (b) If the district determines that such failure or refusal was\\nwillful and without good cause, and that the individual is not exempt\\nfrom the requirements of this title, the district shall notify such\\nparticipant in writing, in plain language and in a manner distinct from\\nany previous notice, by issuing ten days notice of its intent to\\ndiscontinue or reduce assistance. Such notice shall include the reasons\\nfor such determination, the specific instance or instances of willful\\nrefusal or failure to comply without good cause with the requirements of\\nthis title, shall verify that appropriate child care, transportation and\\naccommodations for disability were in place at the time of such failure\\nor refusal, and specify the necessary actions that must be taken to\\navoid a pro-rata reduction in public assistance benefits, including\\nagreeing to comply with the requirements of this title consistent with\\nany medical condition which may limit the individual's ability to\\nparticipate in work activities or notifying the district that he or she\\nhas become exempt from the requirements of this title and the right to a\\nfair hearing relating to such discontinuance or reduction.\\n 3. (a) The department shall establish in regulation a conciliation\\nprocedure for the resolution of disputes related to an individual's\\nparticipation in programs pursuant to this title.\\n (b) The district shall contract with an independent entity, approved\\nby the department, or shall use designated trained staff at the\\nsupervisory level who have no direct responsibility for the\\nparticipant's case to mediate disputes in the conciliation conference.\\n (c) If a participant's dispute cannot be resolved through such\\nconciliation procedure, an opportunity for a fair hearing shall be\\nprovided. No sanction relating to the subject dispute may be imposed\\nduring the re-engagement process.\\n 4. When any participant required to participate in work activities\\nfails to comply with the provisions of this title, the social services\\ndistrict shall take such actions as prescribed by appropriate federal\\nlaw and regulation and this title.\\n 5. Consistent with federal law and this title, a social services\\ndistrict shall provide to those participants whose failure to comply has\\ncontinued for thirty days or longer a written reminder of the option to\\nend a sanction by terminating the failure to comply as specified in\\nsubdivision two of this section. Such notice shall advise that the\\nparticipant may immediately terminate the sanction by either agreeing to\\ncomply with the requirements of this title consistent with any medical\\ncondition which may limit the individual's ability to participate in\\nwork activities or notifying the district that he or she has become\\nexempt from the requirements of this title.\\n 6. Consistent with federal law and regulation and this title, no\\nnotice shall be issued as specified in subdivision two of this section\\nunless it has been determined that the individual is not exempt from the\\nrequirements of this title and has determined that appropriate child\\ncare, transportation and accommodations for disability were in place at\\nthe time of such failure or refusal to comply with the requirements of\\nthis title and no action shall be taken pursuant to this section for\\nfailure to participate in the program or refusal to accept employment\\nif:\\n (a) child care for a child under age thirteen (or day care for any\\nincapacitated individual living in the same home as a dependent child)\\nis necessary for an individual to participate or continue participation\\nin activities pursuant to this title or accept employment and such care\\nis not available and the social services district fails to provide such\\ncare;\\n (b) (1) the employment would result in the family of the participant\\nexperiencing a net loss of cash income; provided, however, a participant\\nmay not claim good cause under this paragraph if the social services\\ndistrict assures that the family will not experience a net loss of cash\\nincome by making a supplemental payment;\\n (2) net loss of cash income results if the family's gross income less\\nnecessary work-related expenses is less than the cash assistance the\\nparticipant was receiving at the time the offer of employment is made;\\nor\\n (c) the participant meets other grounds for good cause set forth by\\nthe department in its implementation plan for this title which, at a\\nminimum, must describe what circumstances beyond the household's control\\nwill constitute \"good cause\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "342", "title" : "Noncompliance with the requirements of this title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-12-25" ], "docLevelId" : "342", "activeDate" : "2015-12-25", "sequenceNo" : 331, "repealedDate" : null, "fromSection" : "342", "toSection" : "342", "text" : " § 342. Noncompliance with the requirements of this title. 1. In\\naccordance with the provisions of this section an individual who is\\nrequired to participate in work activities shall be ineligible to\\nreceive public assistance if he or she fails to comply, without good\\ncause, with the requirements of this title. Such ineligibility shall be\\nfor the amount and periods specified in this section. Good cause for\\nfailing to comply with the requirements of this title shall be defined\\nin department regulations, provided, however, that the parent or\\ncaretaker relative of a child under thirteen years of age shall not be\\nsubject to the ineligibility provisions of this section if the\\nindividual can demonstrate, in accordance with the regulations of the\\noffice of children and family services department, that lack of\\navailable child care prevents such individual from complying with the\\nwork requirements of this title. The parent or caretaker relative shall\\nbe responsible for locating the child care needed to meet the work\\nrequirements; provided, however, that the relevant social services\\ndistrict shall provide a parent or caretaker relative who demonstrates\\nan inability to obtain needed child care with a choice of two providers,\\nat least one of which will be a regulated provider.\\n 2. In the case of an applicant for or recipient of public assistance\\nwho is a parent or caretaker of a dependent child the public assistance\\nbenefits otherwise available to the household of which such individual\\nis a member shall be reduced pro-rata:\\n (a) for the first instance of failure to comply without good cause\\nwith the requirement of this article until the individual is willing to\\ncomply;\\n (b) for the second instance of failure to comply without good cause\\nwith the requirements of this article, for a period of three months and\\nthereafter until the individual is willing to comply;\\n (c) for the third and all subsequent instances of failure to comply\\nwithout good cause with the requirements of this article, for a period\\nof six months and thereafter until the individual is willing to comply.\\n 3. In the case of an individual who is a member of a household without\\ndependent children applying for or in receipt of safety net assistance\\nthe public assistance benefits otherwise available to the household of\\nwhich such individual is a member shall be reduced pro-rata:\\n (a) for the first such failure or refusal, until the failure or\\nrefusal ceases or ninety days, which ever period of time is longer;\\n (b) for the second such failure or refusal, until the failure ceases\\nor for one hundred fifty days, whichever period of time is longer; and\\n (c) for the third and all subsequent such failures or refusals, until\\nthe failure ceases or one hundred eighty days, whichever period of time\\nis longer.\\n 4. A recipient of public assistance who quits or reduces his hours of\\nemployment without good cause shall be considered to have failed to\\ncomply with the requirements of this article and shall be subject to the\\nprovisions of this section.\\n 5. A person described in paragraph (b) of subdivision seven of section\\none hundred fifty-nine of this chapter may not be sanctioned if his or\\nher failure to comply with requirements of this title are related to his\\nor her health status.\\n 6. The provisions of this section shall not apply to persons who are\\nresidents of a city having a population of one million or more people.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "342-A", "title" : "Noncompliance with the requirements of this title", "docType" : "SECTION", "publishedDates" : [ "2015-12-25" ], "docLevelId" : "342-A", "activeDate" : "2015-12-25", "sequenceNo" : 332, "repealedDate" : null, "fromSection" : "342-A", "toSection" : "342-A", "text" : " § 342-a. Noncompliance with the requirements of this title. 1. The\\nprovisions of this section shall apply to persons who are residents of a\\ncity having a population of one million or more people.\\n 2. In accordance with the provisions of this section an individual who\\nis required to participate in work activities shall be ineligible to\\nreceive public assistance if he or she fails to comply, without good\\ncause, with the requirements of this title and the district has\\ndetermined that he or she is not exempt from such requirements and has\\nverified that appropriate child care, transportation, and accommodations\\nfor disability were in place at the time of such failure or refusal.\\nSuch ineligibility shall be for the amount and period specified in this\\nsection. Good cause for failing to comply with the requirements of this\\ntitle shall be defined in department regulations, provided, however,\\nthat the parent or caretaker relative of a child under thirteen years of\\nage shall not be subject to the ineligibility provisions of this section\\nif the individual can demonstrate, in accordance with the regulations of\\nthe office of children and family services, that lack of available child\\ncare prevents such individual from complying with the work requirements\\nof this title. The parent or caretaker relative shall be responsible for\\nlocating the child care needed to meet the work requirements; provided,\\nhowever, that the relevant social services district shall provide a\\nparent or caretaker relative who demonstrates an inability to obtain\\nneeded child care with a choice of two providers, at least one of which\\nwill be a regulated provider.\\n 3. In the case of an applicant for or recipient of public assistance\\nwhom the district has determined is not exempt from the requirements of\\nthis title and who is a parent or caretaker of a dependent child, the\\npublic assistance benefits otherwise available to the household of which\\nsuch individual is a member shall be reduced pro-rata until the\\nindividual is willing to comply with the requirements of this title\\nconsistent with any medical condition which may limit the individual's\\nability to participate in work activities.\\n 4. In the case of an individual who is a member of a household without\\ndependent children whom the district has determined is not exempt from\\nthe requirements of this title and who is applying for or in receipt of\\nsafety net assistance, the public assistance benefits otherwise\\navailable to the household of which such individual is a member shall be\\nreduced pro-rata until the failure or refusal to comply with the\\nrequirements of this title consistent with any medical condition which\\nmay limit the individual's ability to participate in work activities\\nceases.\\n 5. A recipient of public assistance whom the district has determined\\nis not exempt from the requirements of this title and who quits or\\nreduces his hours of employment without good cause or due to any medical\\ncondition which may limit the individual's ability to participate in\\nwork activities shall be considered to have failed to comply with the\\nrequirements of this article and shall be subject to the provisions of\\nthis section.\\n 6. A person described in paragraph (b) of subdivision seven of section\\none hundred fifty-nine of this chapter may not be sanctioned if his or\\nher failure to comply with requirements of this title is related to his\\nor her health status.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 25 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T10", "title" : "Aid to Dependent Children", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "10", "activeDate" : "2021-04-23", "sequenceNo" : 333, "repealedDate" : null, "fromSection" : "343", "toSection" : "360", "text" : " TITLE 10\\n Aid to Dependent Children\\nSection 343. Declaration of object.\\n 344. Responsibility.\\n 345. Definition.\\n 348. Application for family assistance.\\n 349. Eligibility.\\n 349-a. Procedures to insure the protection of victims of\\n domestic violence.\\n 349-b. Deserted, abandoned and out-of-wedlock children; special\\n provisions.\\n 350. Character and adequacy.\\n 350-a. Protective payments.\\n 350-j. Emergency assistance to needy families with children.\\n 352. Deserted or abandoned children; special provisions.\\n 352-a. Children born out of wedlock; special provisions.\\n 353. Grant of aid.\\n 355. Rules, regulations and forms.\\n 356. Moneys to be provided by counties and cities; how\\n expended.\\n 357. Quarterly estimates.\\n 358. Federal temporary assistance for needy families block\\n grant.\\n 358-a. Dependent children in foster care.\\n 358-b. Limitations on state reimbursement for foster care.\\n 358-c. Rules of court.\\n 360. Real property of legally responsible relatives.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "343", "title" : "Declaration of object", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "343", "activeDate" : "2014-09-22", "sequenceNo" : 334, "repealedDate" : null, "fromSection" : "343", "toSection" : "343", "text" : " § 343. Declaration of object. It is hereby declared a state policy\\nthat aid to dependent children be provided under the provisions of this\\ntitle in every county of the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "344", "title" : "Responsibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "344", "activeDate" : "2014-09-22", "sequenceNo" : 335, "repealedDate" : null, "fromSection" : "344", "toSection" : "344", "text" : " § 344. Responsibility. 1. Each social services district shall be\\nresponsible for providing family assistance, under this title, to\\npersons eligible therefor who reside in its territory. Temporary\\nabsence, within or without the state, of such persons from such\\nterritory, except as otherwise provided, shall not affect their\\neligibility for such aid.\\n 2. Aid shall be construed to include services, particularly those\\nservices which may be necessary for each child in the light of the\\nparticular home conditions and his or her other needs.\\n 3. Each social services district shall administer the aid, care and\\nservices provided under this title, in accordance with state and federal\\nrequirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "345", "title" : "Definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "345", "activeDate" : "2014-09-22", "sequenceNo" : 336, "repealedDate" : null, "fromSection" : "345", "toSection" : "345", "text" : " § 345. Definition. As used in this title the term \"child\" means a\\nperson under eighteen years of age, or a person under nineteen years of\\nage who is a full-time student regularly attending a secondary school or\\nin the equivalent level of vocational or technical training if, before\\nsuch person attains age nineteen, such person may reasonably be expected\\nto complete the program of such secondary school or training.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "348", "title" : "Application for family assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "348", "activeDate" : "2014-09-22", "sequenceNo" : 337, "repealedDate" : null, "fromSection" : "348", "toSection" : "348", "text" : " § 348. Application for family assistance. 1. Application for family\\nassistance shall be made to the appropriate social services district.\\n 2. Application for or receipt of family assistance shall operate as an\\nassignment to the state and the social services district concerned of\\nany rights to support that accrue during the period that a family\\nreceives family assistance from any other person as such applicant or\\nrecipient may have either on their own behalf or on behalf of any other\\nfamily member for whom the applicant or recipient is applying for or\\nreceiving assistance. Applicants for or recipients of family assistance\\nshall be informed that such application for or receipt of such benefits\\nwill constitute such an assignment.\\n 3. Such assignment shall terminate with respect to current support\\nrights upon a determination by a local commissioner that such person is\\nno longer eligible for family assistance, except with respect to the\\namount of any unpaid support obligation that has accrued during the\\nperiod that a family received family assistance.\\n 4. It shall be the duty of social services officials to provide same\\nday referral of applicants for family assistance support services as\\nprovided under title six-A of article three of this chapter pursuant to\\npart D of title IV of the federal social security act, as part of the\\ninitial application for family assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "349", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "349", "activeDate" : "2014-09-22", "sequenceNo" : 338, "repealedDate" : null, "fromSection" : "349", "toSection" : "349", "text" : " § 349. Eligibility. A. Family assistance shall be given to a pregnant\\nindividual, a parent or other relative as herein specified for the\\nbenefit of a child under eighteen years of age, or of a child under\\nnineteen years of age who is a full-time student regularly attending a\\nsecondary school or in the equivalent level of vocational or technical\\ntraining if, in the judgment of the social services official:\\n 1. the granting of an allowance will be in the interest of such child,\\nand\\n 2. the parent or other relative is a fit person to bring up such child\\nso that his or her physical, mental and moral well-being will be\\nsafe-guarded, and\\n 3. such child is a resident of the state on the date of application\\nfor aid.\\n B. 1. An allowance may be granted for the aid of such child who is\\nliving with a parent or other adult related to him or her by blood,\\nmarriage or adoption eligible to receive assistance on his or her behalf\\npursuant to the federal social security act, the provisions of this\\nchapter and regulations of the department.\\n 2. Notwithstanding the provisions of this title and titles three and\\nfour of this article to the contrary, the department may by regulation\\nrequire that some or all persons, or households containing such persons,\\nwho are otherwise eligible for family assistance and are permanently\\ndisabled and awaiting determinations of eligibility for federal\\nsupplemental security income under title XVI of the federal social\\nsecurity act receive family assistance without use of federal funding\\nand the department is authorized to reclassify retroactively all or a\\nportion of the amount of any family assistance which otherwise has been\\nor would be received by any such person or household if such\\nreclassification is in the financial interests of the state; provided,\\nhowever, that any such retroactive reclassification shall be\\naccomplished without diminution or increase of the family assistance\\ngrant previously paid and shall not affect any rights, obligations or\\nentitlements of any such person under the family assistance program. Any\\nsuch transfer or reclassification may be accomplished by appropriate\\nnotation in the records of the social services district or the\\ndepartment, and no other notice thereof need be made.\\n C. In making such allowances consideration shall be given to the\\nability of the relative making application and of any other relatives to\\nsupport and care for or to contribute to the support and care of such\\nchild. In making all such allowances it shall be made certain that the\\nreligious faith of the child shall be preserved and protected.\\n D. Family assistance shall not be payable to a family for any month\\nin which any caretaker relative with whom the child is living is, on the\\nlast day of such month, participating in a strike, and no individual's\\nneeds shall be included in determining the amount of such aid which is\\npayable for any month to a family if, on the last day of such month,\\nsuch individual is participating in a strike.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "349-A", "title" : "Procedures to insure the protection of victims of domestic violence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-06-18", "2021-10-15", "2025-05-16", "2026-02-06" ], "docLevelId" : "349-A", "activeDate" : "2021-10-15", "sequenceNo" : 339, "repealedDate" : null, "fromSection" : "349-A", "toSection" : "349-A", "text" : " § 349-a. Procedures to insure the protection of victims of domestic\\nviolence. 1. The department, after consultation with the office for the\\nprevention of domestic violence and statewide domestic violence advocacy\\ngroups, shall by regulation establish requirements for social services\\ndistricts to notify all applicants and, upon recertification,\\nrecipients, of procedures for protection from domestic violence and the\\navailability of services. Such notice shall inform applicants and\\nrecipients that the social services district will make periodic inquiry\\nregarding the existence of domestic violence affecting the individual.\\nSuch notice shall also inform individuals that response to these\\ninquiries is voluntary and confidential; provided, however, that\\ninformation regarding neglect or abuse of children will be reported to\\nchild protective services.\\n 2. Such inquiry shall be performed utilizing a universal screening\\nform to be developed by the department after consultation with the\\noffice for the prevention of domestic violence and statewide domestic\\nviolence advocacy groups. Such screening may be conducted by telephone\\nor other digital means at the request of the applicant or recipient. An\\nindividual may request such screening at any time, and any individual\\nwho at any time self identifies as a victim of domestic violence shall\\nbe afforded the opportunity for such screening.\\n 3. An individual indicating the presence of domestic violence, as a\\nresult of such screening, shall be promptly referred to a domestic\\nviolence liaison who meets training requirements established by the\\ndepartment, after consultation with the office for the prevention of\\ndomestic violence and statewide domestic violence advocacy groups.\\n 4. The domestic violence liaison shall assess the credibility of the\\nindividual's assertion of domestic violence. Such assessment shall be\\nbased upon the relevant information and corroborating evidence, but\\nshall in the absence of other sufficient evidence include, at a minimum,\\na sworn statement by the individual alleging such abuse.\\n 5. Upon a determination that the individual's allegation is credible,\\n(a) the individual shall be informed of services, which shall be\\navailable on a voluntary basis; and (b) the domestic violence liaison\\nshall conduct an assessment to determine if and to what extent domestic\\nviolence is a barrier to compliance with public assistance requirements\\nor to employment; and (c) shall assess the need for waivers of such\\nprogram requirements. Such waivers shall, to the extent permitted by\\nfederal law, include, but not be limited to, residency requirements,\\nchild support cooperation requirements and employment and training\\nrequirements; provided, however, that exemptions from the sixty month\\nlimit on receipt of benefits under the federal temporary assistance to\\nneedy families block grant program shall be available only when the\\nindividual would not be required to participate in work or training\\nactivities because of an independently verified physical or mental\\nimpairment resulting from domestic violence, anticipated to last for\\nthree months or longer, or if the individual is unable to work because\\nof the need to care for a dependent child who is disabled as a result of\\ndomestic violence. Provided, however, that pursuant to section one\\nhundred forty-two of the welfare reform act of 1997 victims of domestic\\nviolence may be exempted from the application of subdivision two of\\nsection three hundred forty-nine of this article on the basis of\\nhardship.\\n 6. Waivers granted pursuant to subdivision five of this section shall\\nbe provided pursuant to a determination of good cause in cases where\\ncompliance with such requirements would make it more difficult for the\\nindividual or the individual's children to escape from domestic\\nviolence, or subject the individual, or the individual's children, to\\nfurther risk of domestic violence. Such waivers shall be for an initial\\nperiod of no less than four months; provided, however, that all such\\nwaivers shall be subject to on-going review of the individual's\\ncircumstances by the domestic violence liaison, and may be extended,\\nmodified or terminated in accordance therewith. An individual may\\ndecline a waiver or terminate an existing waiver at any time without\\npenalty.\\n 7. Information with respect to victims of domestic violence shall not\\nbe released to any outside party or parties or other governmental\\nagencies unless the information is required to be disclosed by law, or\\nunless authorized in writing by the applicant or recipient.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "349-B", "title" : "Deserted, abandoned and out-of-wedlock children; special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "349-B", "activeDate" : "2014-09-22", "sequenceNo" : 340, "repealedDate" : null, "fromSection" : "349-B", "toSection" : "349-B", "text" : " § 349-b. Deserted, abandoned and out-of-wedlock children; special\\nprovisions. 1. In addition to other eligibility requirement each\\nperson who is applying for or receiving assistance under this title, and\\nwho is otherwise eligible for assistance under this title, shall be\\nrequired, as a further condition of eligibility for such assistance:\\n (a) to assign to the state and the social services district any\\nrights to support such person may have either in his own behalf or in\\nbehalf of any other family member for whom he is applying for or\\nreceiving aid; and\\n (b) to cooperate with the state and the social services official, in\\naccordance with standards established by regulations of the department\\nconsistent with federal law, in establishing the paternity of a child\\nborn out-of-wedlock for whom assistance under this title is being\\napplied for or received, in their efforts to locate any absent parent\\nand in obtaining support payments or any other payments or property due\\nsuch person and due each child for whom assistance under this title is\\nbeing applied for or received, except that an applicant or recipient\\nshall not be required to cooperate in such efforts in cases in which the\\nsocial services official has determined, in accordance with criteria,\\nincluding the best interests of the child, as established by regulations\\nof the department consistent with federal law, that such applicant or\\nrecipient has good cause to refuse to cooperate. Each social service\\ndistrict shall inform applicants for and recipients of family assistance\\nrequired to cooperate with the state and local social services officials\\npursuant to the provisions of this paragraph, that where a proceeding to\\nestablish paternity has been filed, and the allegation of paternity has\\nbeen denied by the respondent, that there shall be a stay of all\\npaternity proceedings and related local social services proceedings\\nuntil sixty days after the birth of the child. Such applicants and\\nrecipients shall also be informed that public assistance and care shall\\nnot be denied during the stay on the basis of refusal to cooperate\\npursuant to the provisions of this paragraph.\\n 2. The amount of the payments due from the absent parent in meeting\\nhis support obligations under this section shall be the amount of a\\ncurrent court support order or, in the absence of a court order, if such\\nparent agrees to meet his support obligation, an amount to be determined\\nin accordance with a support formula established by the department and\\napproved by the secretary of the federal department of health, education\\nand welfare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "350", "title" : "Character and adequacy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-06-18", "2022-07-01" ], "docLevelId" : "350", "activeDate" : "2022-07-01", "sequenceNo" : 341, "repealedDate" : null, "fromSection" : "350", "toSection" : "350", "text" : " § 350. Character and adequacy. 1. (a) Allowances shall be adequate to\\nenable the father, mother or other relative to bring up the child\\nproperly, having regard for the physical, mental and moral well-being of\\nsuch child, in accordance with the provisions of section one hundred\\nthirty-one-a of this chapter and other applicable provisions of law.\\nAllowances shall provide for the support, maintenance and needs of one\\nor both parents if in need, and in the home and for the support,\\nmaintenance and needs of the other relative if he or she is without\\nsufficient means of support, provided such parent, parents and relative\\nare not receiving federal supplemental security income payments and/or\\nadditional state payments for which they are eligible. The social\\nservices official may, in his discretion, make the incapacitated parent\\nthe grantee of the allowance and when allowances are granted for the aid\\nof a child or children due to the unemployment of a parent, such\\nofficial may make the unemployed parent the grantee of the allowance.\\n (b) When permitted in accordance with regulations of the department,\\nprovision may be made under this title for any item of maintenance of\\neligible individuals who are receiving medical assistance for needy\\npersons in a hospital, nursing home, infirmary or other eligible medical\\ninstitutions. However, aid under this title shall not include provisions\\nfor care or services in any hospital, nursing home, infirmary or other\\neligible medical institutions when such care and services may be\\nprovided as medical assistance for needy persons pursuant to title\\neleven of article five.\\n (e) Any inconsistent provisions of this title notwithstanding, so long\\nas federal law and regulations require, family planning services and\\nsupplies shall be offered and promptly furnished to eligible persons of\\nchildbearing age, including children who can be considered sexually\\nactive, who desire such services and supplies, in accordance with the\\nregulations of the department. In order to maximize federal financial\\nparticipation, the department may require that such services shall be\\nfurnished under title eleven of article five. No person shall be\\ncompelled or coerced to accept such services or supplies.\\n (f) When, in the judgment of the social services official, care cannot\\nbe provided in the mother's own home, care may be provided in a licensed\\nmaternity home, a family home or boarding home for a child or his mother\\nin need of public assistance and care during pregnancy and during and\\nafter delivery and for eligible persons assistance may be provided in a\\nfamily home or boarding home, provided that no assistance will be\\nprovided under this title when such assistance can be provided under\\ntitle eleven. Payments to such homes and institutions for care and\\nmaintenance provided by them shall be at rates established pursuant to\\nlaw, and regulations of the department. The department, however, shall\\nnot establish rates of payment to homes and institutions without\\napproval of the director of the budget.\\n (g) The social services official of a social services district shall\\nadvise persons who are eligible for aid under this title of the\\navailability for their benefit of child health screening services and of\\ncare and treatment of disabilities and conditions discovered by such\\nscreening under the provisions of title eleven of article five of this\\nchapter; and upon request such official shall promptly furnish such\\nservices or care and treatment under the provisions of such title.\\n 2. Assistance funded in whole or in part under the temporary\\nassistance to needy families block grant program temporary assistance to\\nneedy families (a) shall not be granted to any family which includes an\\nadult who has received any form of assistance funded in whole or in part\\nunder the temporary assistance to needy families block grant program\\nunder title IV-A of the federal social security act in this state or in\\nany other state for a cumulative period of longer than sixty months,\\nprovided that, (i) in determining the number of months for which an\\nindividual who is a parent or pregnant has received assistance, there\\nshall not be included any period in which the individual was a minor\\nchild who was not the head of household or married to the head of\\nhousehold, and (ii) the social services district shall, in accordance\\nwith regulations of the department, subject to any federal limitations,\\nexempt a family from the application of this subdivision on the basis of\\nhardship when the adult family member is unable to work because of an\\nindependently verified physical or mental impairment including those\\nresulting from domestic violence, or when the adult family member is in\\nreceipt of supplemental security income payments under title XVI of the\\nfederal social security act or additional state payments under title six\\nof this article, and (iii) provided that periods in which an adult\\nreceives cash assistance in the safety net assistance program shall be\\nincluded in the cumulative period referred to in this paragraph\\nregardless of whether such assistance was funded in whole or in part by\\nthe temporary assistance to needy families block grant program;\\n (b) may be increased, decreased or revoked at any time; and\\n (c) except in the case of a child reaching the age of eighteen years,\\nmay be continued for a period of not more than one month after a child\\nbecomes ineligible to be granted allowance under this title.\\n 4. Adequate supervision of all families receiving such aid shall be\\nprovided and supervisory visits shall be made to each family as\\nfrequently as the regulations of the department and the circumstances of\\nthe case may require.\\n 5. The social services official of the social services district shall\\nin cooperation with other public officers, private relief societies and\\nindividuals seek to secure for persons to whom allowances are granted as\\nprovided in this title or who apply for such allowances additional\\nassistance whenever the social services official is unable adequately to\\nprovide for their needs and the needs of their families. It shall be the\\nduty of such official and the family court to cooperate with each other\\nin the effective enforcement of the obligation of the parents of\\nchildren for whose benefit such allowances are granted to support such\\nchildren to the extent of the parents' ability to do so.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "350-A", "title" : "Protective payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-A", "activeDate" : "2014-09-22", "sequenceNo" : 342, "repealedDate" : null, "fromSection" : "350-A", "toSection" : "350-A", "text" : " § 350-a. Protective payments. 1. Whenever the social services official\\nwho is granting allowances of family assistance to a relative for the\\nbenefit of a child determines that such relative is unable to manage the\\nallowances he or she may, when appropriate in accordance with state and\\nfederal requirements, pay the allowances to another individual who is\\ninterested in or concerned with the welfare of the child and relative.\\n 2. The determination of the social services official to pay\\nallowances to another individual pursuant to subdivision one may be\\nappealed to the department by the relative concerned who shall be given\\nan opportunity for a fair hearing on his appeal. The department may\\nreview such determination on its own motion. The powers and procedures\\nprescribed by section twenty-two of this chapter shall likewise apply to\\nthe determinations, appeals and reviews made pursuant to this section.\\n 3. Any relative or other person who is granted an allowance of family\\nassistance for the benefit of a child or children and who wilfully uses\\nall or any part of such allowance other than for the benefit of such\\nchild or children, shall be guilty of a misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "350-J", "title" : "Emergency assistance to needy families with children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "350-J", "activeDate" : "2014-09-22", "sequenceNo" : 343, "repealedDate" : null, "fromSection" : "350-J", "toSection" : "350-J", "text" : " § 350-j. Emergency assistance to needy families with children. 1.\\nAny inconsistent provisions of this chapter or of any other law\\nnotwithstanding, so long as federal aid is available therefor, a social\\nservices district shall provide emergency assistance as herein defined\\nto persons eligible, including migrant workers with families.\\n 2. For purposes of this section, the term \"emergency assistance\" means\\naid, care and services to meet the emergency needs of a child or the\\nhousehold in which he or she is living, in the following circumstances:\\n (a) where the child is under twenty-one years of age; and\\n (b) the child is living with, or within the previous twelve months\\nhas lived with, an adult related by blood, marriage or adoption; and\\n (c) in cases of applications for grants of cash assistance, such child\\nor such household is not categorically eligible for or receiving family\\nassistance; and\\n (d) such emergency needs resulted from a catastrophic occurrence or\\nfrom a situation which threatens family stability and which has caused\\nthe destitution of the child and/or household; and\\n (e) such occurrence or situation could not have been foreseen by the\\napplicant, was not under his or her control and, in the case of a person\\nreceiving public assistance, did not result from the loss, theft or\\nmismanagement of a regular public assistance grant; and\\n (f) the emergency grant being applied for will not replace or\\nduplicate a public assistance grant already made under section one\\nhundred thirty-one-a of this chapter.\\n 3. Emergency assistance to needy families with children shall be\\nprovided to the extent of items of need and services set forth in\\nsections one hundred thirty-one and one hundred thirty-one-a of this\\nchapter, and items of medical services set forth in section three\\nhundred sixty-five-a of this chapter, and in amounts set forth in the\\nregulations of the department for children who are without available\\nresources, and when such assistance is necessary to avoid destitution or\\nto provide them with living arrangements in a home, and such destitution\\nor such need did not arise because such children or relatives refused\\nwithout good cause to accept employment or training for employment;\\nprovided, however, that no assistance shall be provided which would\\nduplicate assistance under sections one hundred thirty-one and one\\nhundred thirty-one-a of this article for which a person is eligible or\\nwould be eligible but for a sanction for violation of the requirements\\nof title nine-B of article five of this chapter or other requirement of\\nstate law and provided further that, notwithstanding any inconsistent\\nprovision of this section or section one hundred thirty-one-a of this\\narticle, persons for whom preventive services are being provided under\\ntitle four of article six of this chapter or who are living in foster\\ncare or in public, congregate or group facilities, such as residential\\nfacilities for victims of domestic violence, may, pursuant to\\nregulations of the department within amounts specifically appropriated\\ntherefor and subject to the terms and conditions of such appropriation,\\nreceive assistance hereunder on their behalf for such services or for\\ncare in such facilities in amounts exceeding those set forth in section\\none hundred thirty-one-a of this article.\\n 5. In scheduling investigations concerning applications for emergency\\nassistance pursuant to this section, local social services districts\\nshall give priority to such applications.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "352", "title" : "Deserted or abandoned children; special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352", "activeDate" : "2014-09-22", "sequenceNo" : 344, "repealedDate" : null, "fromSection" : "352", "toSection" : "352", "text" : " § 352. Deserted or abandoned children; special provisions. 1. A\\nsocial services official who makes a family assistance allowance for the\\nbenefit of a child who has been abandoned or deserted by a parent shall\\npromptly give notice thereof to the appropriate district attorney where\\nthere is reason to believe such parent may have violated the provisions\\nof section 260.00 of the penal law.\\n 2. The social services official providing family assistance allowances\\npursuant to the provisions of this title, for the benefit of a child who\\nhas an absent parent, shall have and shall perform the following duties\\nand powers in addition to others imposed or conferred upon him or her by\\nor pursuant to other provisions of this chapter or other law:\\n (a) to take such steps and make such efforts to locate any parent of\\nsuch child whose whereabouts are unknown to such official as all\\navailable means will allow; such means shall include, and there shall be\\nutilization of, appropriate services offered by the department, by\\nagencies of other states and by the federal government;\\n (b) to determine the ability and potential ability of the parents of\\neach such child to support or to contribute to the support of such\\nchild;\\n (c) to establish cooperative arrangements with the family court,\\ncounty attorneys, corporation counsels and other law enforcement\\nofficials, for the location of missing parents of such children and for\\nthe enforcement of their obligations to support or contribute to support\\nof such children to the extent of their ability;\\n (d) to provide pertinent information to such court and law\\nenforcement officials to enable them to assist in locating absent\\nparents of such children and in securing support payments therefrom,\\nprovided that there is an agreement between such social services\\nofficial and such court and such law enforcement officials insuring that\\nsuch information will be used only for the purpose intended;\\n (e) to reimburse, to the extent that state and federal requirements\\nauthorize or require, appropriate courts and law enforcement officials\\nfor activities related to the requirements of this chapter and the\\nfamily court act with respect to enforcement of support obligations and\\nfor services they have undertaken on behalf of such official.\\n 3. For purposes of this section, \"absent parent\" shall mean any\\nperson who is legally responsible for a spouse or child, who is absent\\nfrom the household, whether such person's location is known or unknown,\\nand fails to provide for the support of such spouse or child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "352-A", "title" : "Children born out of wedlock; special provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "352-A", "activeDate" : "2014-09-22", "sequenceNo" : 345, "repealedDate" : null, "fromSection" : "352-A", "toSection" : "352-A", "text" : " § 352-a. Children born out of wedlock; special provisions. 1. The\\nsocial services official providing family assistance allowances,\\npursuant to the provisions of this title, for the benefit of children\\nborn out of wedlock, shall have and shall perform the following duties\\nand powers in addition to others imposed or conferred upon him or her by\\nor pursuant to other provisions of this chapter or other law:\\n (a) to ascertain who may be the putative father of such child born\\nout of wedlock, and take appropriate steps to establish the paternity\\nthereof in accordance with applicable provisions of law;\\n (b) to determine the ability and potential ability of the parents of\\neach such child to support or to contribute to the support of such\\nchild;\\n (c) to take such steps and make such efforts to locate any such\\nparent whose whereabouts are unknown to such official as all available\\nmeans will allow; such means shall include, and there shall be\\nutilization of, appropriate services offered by the department, by\\nagencies of other states and by the federal government;\\n (d) to establish cooperative arrangements with the family court,\\ncounty attorneys, corporation counsels and other law enforcement\\nofficials, for the establishment of paternity and location of missing\\nparents of such children and for the enforcement of their obligations to\\nsupport or contribute to support of such children to the extent of their\\nability;\\n (e) to provide pertinent information to such court and law\\nenforcement officials to enable them to assist in locating putative\\nfathers and deserting parents of such children, in establishing\\npaternity and in securing support payments therefrom, provided that\\nthere is an agreement between such social services official and such\\ncourt and such law enforcement officials insuring that such information\\nwill be used only for the purpose intended;\\n (f) to reimburse, to the extent that state and federal requirements\\nauthorize or require, appropriate courts and law enforcement officials\\nfor activities related to the requirements of this chapter and the\\nfamily court act with respect to establishment of paternity and for\\nservices they have undertaken on behalf of such official.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "353", "title" : "Grant of aid", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "353", "activeDate" : "2014-09-22", "sequenceNo" : 346, "repealedDate" : null, "fromSection" : "353", "toSection" : "353", "text" : " § 353. Grant of aid. Upon the completion of an investigation the\\nproper social services official shall\\n (a) decide whether the applicant is eligible for and should receive\\nfamily assistance, the amount, nature and manner of paying or providing\\nit and the date on which it shall begin,\\n (b) notify the applicant of his decision in writing.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "355", "title" : "Rules, regulations and forms", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "355", "activeDate" : "2014-09-22", "sequenceNo" : 347, "repealedDate" : null, "fromSection" : "355", "toSection" : "355", "text" : " § 355. Rules, regulations and forms. The department shall 1.\\nsupervise the administration of family assistance,\\n 2. prescribe the form of and print and supply to the public welfare\\nofficials blanks for applications, reports, affidavits and such other\\nforms as it may deem advisable,\\n 3. make regulations necessary for the carrying out of the provisions\\nof this title to the end that allowances may be granted and the\\nprovisions of this title administered uniformly throughout the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "356", "title" : "Moneys to be provided by counties and cities; how expended", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "356", "activeDate" : "2014-09-22", "sequenceNo" : 348, "repealedDate" : null, "fromSection" : "356", "toSection" : "356", "text" : " § 356. Moneys to be provided by counties and cities; how expended.\\n1. The legislative body of each social services district shall annually\\nappropriate to the commissioner of social services such sum as may be\\nneeded for family assistance, and for the administration thereof. When\\nthe assistance for which such social services district is responsible is\\nadministered, pursuant to title three-A of article three, by a social\\nservices official who is not an officer of the social services district\\nfor which the appropriation is made, all or part of the sum appropriated\\nshall be made available to such other officer and to the municipality of\\nwhich he or she is an officer, in the manner, and at such times, as is\\nrequired by other provisions of this chapter. The legislative body of\\nthe social services district shall include such sums in the taxes to be\\nlevied for such social services district.\\n 2. Allowances granted for family assistance shall be paid out of\\nmoneys appropriated or otherwise made available to the social services\\ndistrict.\\n 3. Expenditures for allowances and administrative expenses under this\\ntitle shall be a charge upon the county or city public welfare district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "357", "title" : "Quarterly estimates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "357", "activeDate" : "2014-09-22", "sequenceNo" : 349, "repealedDate" : null, "fromSection" : "357", "toSection" : "357", "text" : " § 357. Quarterly estimates. Each social services district shall submit\\nto the department quarterly estimates of its anticipated expenditures\\nfor family assistance and administrative expenses not less than thirty\\ndays before the first day of each of the quarters beginning on the\\nfirst day of the months of July, October, January and April, in such\\nform and together with such other information as the department may\\nrequire.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "358", "title" : "Federal temporary assistance for needy families block grant", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "358", "activeDate" : "2014-09-22", "sequenceNo" : 350, "repealedDate" : null, "fromSection" : "358", "toSection" : "358", "text" : " § 358. Federal temporary assistance for needy families block grant.\\n1. The department shall submit the plan pursuant to title IV-A of the\\nfederal social security act. The state's program under title IV-A shall\\nbe entitled \"Family Assistance\", and benefits under the state plan with\\nrespect to the temporary assistance for needy families block grant shall\\nbe known as family assistance. The department shall act for the state in\\nany negotiations relative to the submission and approval of such plan\\nand make any arrangement which may be necessary to obtain and retain\\nsuch approval and to secure for the state the benefits of such federal\\nact relating to title IV-A. The department shall make such regulations\\nnot inconsistent with law as may be necessary to make such plan conform\\nto such federal act and any rules and regulations adopted pursuant\\nthereto. Such regulations may provide for operation of components of\\nthe program relating to refugees by contract with a private agency or\\nagencies pursuant to section 412(e) of the immigration and nationality\\nact (8 U.S. Code 1522(e)(7)). Any refugee whose needs are met pursuant\\nto such a contract who would otherwise be a recipient of family\\nassistance or safety net assistance shall be regarded for all other\\npurposes as a recipient of family assistance or of safety net\\nassistance, respectively. Each social services district shall be\\nresponsible for a share of the state's expenditures for operation of\\nsuch a contract which shall be equal to the share of such expenditures\\nsuch district would have borne after reimbursement from state and\\nfederal funds in accordance with section one hundred fifty-three of this\\narticle, had the expenditure been made by such district. The department\\nshall make reports to such federal agency in the form and nature\\nrequired by it and comply with any request or direction of such federal\\nagency which may be necessary to assure the correctness and verification\\nof such reports.\\n 2. The department of taxation and finance shall accept and receive\\nany and all grants of money awarded to the state pursuant to title IV-A\\nof such social security act. All moneys so received shall be deposited\\nby the department of taxation and finance in a special fund or funds and\\nshall be used by the state exclusively for temporary assistance for\\nneedy families block grant and the administration thereof as provided in\\nthis chapter; provided, however, that portions of such moneys may be\\ntransferred to the child care and development block grant or the social\\nservices block grant as the legislature may from time to time provide.\\nSuch money shall be paid from such fund or funds on audit and warrant of\\nthe comptroller upon vouchers of or certification by the commissioner.\\n 3. If and for so long as the federal government provides one hundred\\npercent funding therefor, the department is authorized to operate a\\nCuban and Haitian entrant program and a refugee resettlement program\\npursuant to title IV of the federal immigration and nationality act,\\nincluding provision for refugee cash assistance, refugee medical\\nassistance, refugee child welfare services, and refugee social services.\\nThe department shall submit the plan for such refugee resettlement\\nprogram to the federal department of health and human services and shall\\nact for the state in any negotiations relative to the submission and\\napproval of such plan and make any arrangement which may be necessary to\\nobtain and retain such approval.\\n 4. The department shall make such regulations not inconsistent with\\nlaw as may be necessary to make such plan conform to such federal act\\nand any rules and regulations adopted pursuant thereto. Such regulations\\nmay provide for operation of components of the program directly by the\\ndepartment, through social services districts on behalf of the\\ndepartment or, subject to the approval of the director of the budget\\nupon a demonstration of cost-effectiveness, by contract with a private\\nagency or agencies and may provide that an eligible recipient shall\\nreceive assistance pursuant to such contract in lieu of family\\nassistance or safety net assistance.\\n 5. The state program under title IV-A of the social security act shall\\npermit individuals to accumulate funds in individual development\\naccounts established pursuant to section four hundred three of the\\nsocial security act as trust accounts funded with periodic contributions\\nof earned income by the individual or of amounts matched by or through a\\nnot-for-profit organization described in section 501(c)(3) of the\\nInternal Revenue Code and exempt from taxation under section 501(a) of\\nsuch Code; provided, however, that neither the state nor social services\\ndistricts shall be required to make or match contributions or to\\nadminister any such account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "358-A", "title" : "Dependent children in foster care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2017-10-27", "2018-01-26", "2020-01-03", "2020-04-10", "2020-04-24", "2021-04-23", "2021-10-01", "2021-11-12", "2022-04-15", "2024-12-27", "2025-01-24", "2025-02-21", "2025-06-27" ], "docLevelId" : "358-A", "activeDate" : "2022-04-15", "sequenceNo" : 351, "repealedDate" : null, "fromSection" : "358-A", "toSection" : "358-A", "text" : " § 358-a. Dependent children in foster care. (1) Initiation of judicial\\nproceeding. (a) A social services official who accepts or proposes to\\naccept the custody and guardianship of a child by means of an instrument\\nexecuted pursuant to the provisions of section three hundred eighty-four\\nof this chapter, or the care and custody of a child as a public charge\\nby means of an instrument executed pursuant to the provisions of section\\nthree hundred eighty-four-a of this chapter, shall determine whether\\nsuch child is likely to remain in the care of such official for a period\\nin excess of thirty consecutive days. If such official determines that\\nthe child is likely to remain in care for a period in excess of thirty\\nconsecutive days, such official shall petition the family court judge of\\nthe county or city in which the social services official has his or her\\noffice, to approve such instrument upon a determination that the\\nplacement of the child is in the best interest of the child, that it\\nwould be contrary to the welfare of the child to continue in his or her\\nown home and, that where appropriate, reasonable efforts were made prior\\nto the placement of the child into foster care to prevent or eliminate\\nthe need for removal of the child from his or her home and that prior to\\nthe initiation of the court proceeding required to be held by this\\nsubdivision, reasonable efforts were made to make it possible for the\\nchild to return safely home. In the case of a child whose care and\\ncustody have been transferred to a social services official by means of\\nan instrument executed pursuant to the provisions of section three\\nhundred eighty-four-a of this chapter, approval of the instrument shall\\nonly be made upon an additional determination that all of the\\nrequirements of such section have been satisfied.\\n * (b) The social services official shall initiate the proceeding by\\nfiling the petition as soon as practicable, but in no event later than\\nthirty days following removal of the child from the home provided,\\nhowever, that the court shall receive, hear and determine petitions\\nfiled later than thirty days following removal of the child from his or\\nher home, but state reimbursement shall not be available to the social\\nservices district for care and maintenance provided to such child. The\\nsocial services official shall diligently pursue such proceeding. Where\\nthe care and custody of a child as a public charge has been transferred\\nto a social services official by means of an instrument executed\\npursuant to the provisions of section three hundred eighty-four-a of\\nthis chapter for a period of thirty days or less for an indeterminate\\nperiod which such official deems unlikely to exceed thirty days, and\\nthereafter such official determines that such child will remain in his\\nor her care and custody for a period in excess of thirty days, such\\nofficial shall, as soon as practicable but in no event later than thirty\\ndays following such determination, execute with the child's parent,\\nparents or guardian a new instrument pursuant to the provision of\\nsection three hundred eighty-four or three hundred eighty-four-a of this\\nchapter and shall file a petition in family court, pursuant to this\\nsection, for approval of such instrument. In such cases involving a\\nsocial services official, expenditures for the care and maintenance of\\nsuch child from the date of the initial transfer of his care and custody\\nto the social services official shall be subject to state reimbursement.\\n * NB Effective until June 30, 2027\\n * (b) The social services official shall initiate the proceeding by\\nfiling the petition as soon as practicable, but in no event later than\\nthirty days following removal of the child from the home provided,\\nhowever, that the court shall receive, hear and determine petitions\\nfiled later than thirty days following removal of the child from his or\\nher home, but state reimbursement to the social services district for\\ncare and maintenance provided to such child shall be denied pursuant to\\nsection one hundred fifty-three-d of this chapter. The social services\\nofficial shall diligently pursue such proceeding. Where the care and\\ncustody of a child as a public charge has been transferred to a social\\nservices official by means of an instrument executed pursuant to the\\nprovisions of section three hundred eighty-four-a of this chapter for a\\nperiod of thirty days or less for an indeterminate period which such\\nofficial deems unlikely to exceed thirty days, and thereafter such\\nofficial determines that such child will remain in his or her care and\\ncustody for a period in excess of thirty days, such official shall, as\\nsoon as practicable but in no event later than thirty days following\\nsuch determination, execute with the child's parent, parents or guardian\\na new instrument pursuant to the provision of section three hundred\\neighty-four or three hundred eighty-four-a of this chapter and shall\\nfile a petition in family court, pursuant to this section, for approval\\nof such instrument. In such cases involving a social services official,\\nexpenditures for the care and maintenance of such child from the date of\\nthe initial transfer of his care and custody to the social services\\nofficial shall be subject to state reimbursement, notwithstanding the\\nprovisions of section one hundred fifty-three-d of this chapter.\\n * NB Effective June 30, 2027\\n (2) Contents of petition. (a) Any petition required or authorized\\npursuant to subdivision one of this section shall allege whether the\\nparent, parents or guardian executed the instrument because the parent,\\nparents or guardian would be unable to make adequate provision for the\\ncare, maintenance and supervision of such child in his or their own\\nhome, and shall include facts supporting the petition. The petition\\nshall contain a notice in conspicuous print providing that if the child\\nremains in foster care for fifteen of the most recent twenty-two months,\\nthe agency may be required by law to file a petition to terminate\\nparental rights. The petition shall also set forth the names and last\\nknown addresses of all persons required to be given notice of the\\nproceeding, pursuant to this section and section three hundred\\neighty-four-c of this chapter, and there shall be shown by the petition\\nor by affidavit or other proof satisfactory to the court that there are\\nno persons other than those set forth in the petition who are entitled\\nto notice pursuant to the provisions of this section or of section three\\nhundred eighty-four-c of this chapter. The petition shall also set forth\\nthe efforts which were made, prior to the placement of the child into\\nfoster care, to prevent or eliminate the need for removal of the child\\nfrom his or her home and the efforts which were made prior to the filing\\nof the petition to make it possible for the child to return safely home.\\nIf such efforts were not made, the petition shall set forth the reasons\\nwhy these efforts were not made. The petition shall request that,\\npending any hearing which may be required by the family court judge, a\\ntemporary order be made transferring the care and custody of the child\\nto the social services official in accordance with the provisions of\\nsubdivision three of this section. In the case of a child whose care and\\ncustody have been transferred to a social services official by means of\\nan instrument executed pursuant to section three hundred eighty-four-a\\nof this chapter, the petition shall also allege and there shall be shown\\nby affidavit or other proof satisfactory to the court that all the\\nrequirements of such section have been satisfied, including the results\\nof the investigation to locate relatives of the child, including any\\nnon-respondent parent and all of the child's grandparents. Such results\\nshall include whether any relative who has been located expressed an\\ninterest in becoming a foster parent for the child or in seeking custody\\nor care of the child.\\n (b) The social services official who initiated the proceeding shall\\nfile supplemental information with the clerk of the court not later than\\nten days prior to the date on which the proceeding is first heard by the\\ncourt. Such information shall include relevant portions, as determined\\nby the department, of the assessment of the child and his family\\ncircumstances performed and maintained, and the family's service plan if\\navailable, pursuant to sections four hundred nine-e and four hundred\\nnine-f of this chapter. Copies of such supplemental information need not\\nbe served upon those persons entitled to notice of the proceeding and a\\ncopy of the petition pursuant to subdivision four of this section.\\n (2-a) Continuing jurisdiction. (a) The court shall possess continuing\\njurisdiction over the parties until the child is discharged from\\nplacement and all orders regarding supervision, protection or services\\nhave expired.\\n (b) The court, upon approving an instrument under this section, shall\\nschedule a permanency hearing pursuant to article ten-A of the family\\ncourt act for a date certain not more than eight months after the\\nplacement of the child into foster care. Such date certain shall be\\nincluded in the order approving the instrument.\\n (3) Disposition of petition. (a) If the court is satisfied that the\\nparent, parents or guardian executed such instrument knowingly and\\nvoluntarily and because he or she would be unable to make adequate\\nprovision for the care, maintenance and supervision of such child in his\\nor her home, and that the requirements of section three hundred\\neighty-four-a of this chapter, if applicable, have been satisfied and\\nthat where appropriate, reasonable efforts were made prior to the\\nplacement of the child into foster care to prevent or eliminate the need\\nfor removal of the child from his or her home and that prior to the\\ninitiation of the court proceeding required to be held by subdivision\\none of this section, reasonable efforts were made to make it possible\\nfor the child to return safely to his or her home, the court may find\\nand determine that the best interests and welfare of the child would be\\npromoted by removal of the child from such home, and that it would be\\ncontrary to the welfare of such child for the child to continue in such\\nhome, and the court shall thereupon grant the petition and approve such\\ninstrument and the transfer of the custody and guardianship or care and\\ncustody of such child to such social services official in accordance\\ntherewith. If the court determines that, where appropriate, reasonable\\nefforts were made prior to the placement of the child into foster care\\nto prevent or eliminate the need for removal of the child from his or\\nher home, that prior to the initiation of the court proceeding\\nreasonable efforts were made to make it possible for the child to return\\nsafely to his or her home, or that it would be contrary to the best\\ninterests of the child to continue in the home, or that reasonable\\nefforts to prevent or eliminate the need for removal of the child from\\nthe home were not made but that the lack of such efforts was appropriate\\nunder the circumstances, the court order shall include such findings.\\nApproval of such instrument in a proceeding pursuant to this section\\nshall not constitute a remand or commitment pursuant to this chapter and\\nshall not preclude challenge in any other proceeding to the validity of\\nthe instrument. If the permanency plan for the child is adoption,\\nguardianship, permanent placement with a fit and willing relative or\\nanother planned permanent living arrangement other than reunification\\nwith the parent or parents of the child, the court must consider and\\ndetermine in its order whether reasonable efforts are being made to make\\nand finalize such alternate permanent placement.\\n (b) For the purpose of this section, reasonable efforts to prevent or\\neliminate the need for removing the child from the home of the child or\\nto make it possible for the child to return safely to the home of the\\nchild shall not be required where the court determines that:\\n (1) the parent of such child has subjected the child to aggravated\\ncircumstances, as defined in subdivision twelve of this section;\\n (2) the parent of such child has been convicted of (i) murder in the\\nfirst degree as defined in section 125.27 or murder in the second degree\\nas defined in section 125.25 of the penal law and the victim was another\\nchild of the parent; or (ii) manslaughter in the first degree as defined\\nin section 125.20 or manslaughter in the second degree as defined in\\nsection 125.15 of the penal law and the victim was another child of the\\nparent, provided, however, that the parent must have acted voluntarily\\nin committing such crime;\\n (3) the parent of such child has been convicted of an attempt to\\ncommit any of the foregoing crimes, and the victim or intended victim\\nwas the child or another child of the parent; or has been convicted of\\ncriminal solicitation as defined in article one hundred, conspiracy as\\ndefined in article one hundred five or criminal facilitation as defined\\nin article one hundred fifteen of the penal law for conspiring,\\nsoliciting or facilitating any of the foregoing crimes, and the victim\\nor intended victim was the child or another child of the parent;\\n (4) the parent of such child has been convicted of assault in the\\nsecond degree as defined in section 120.05, assault in the first degree\\nas defined in section 120.10 or aggravated assault upon a person less\\nthan eleven years old as defined in section 120.12 of the penal law, and\\nthe commission of one of the foregoing crimes resulted in serious\\nphysical injury to the child or another child of the parent;\\n (5) the parent of such child has been convicted in any other\\njurisdiction of an offense which includes all of the essential elements\\nof any crime specified in subparagraph two, three or four of this\\nparagraph, and the victim of such offense was the child or another child\\nof the parent; or\\n (6) the parental rights of the parent to a sibling of such child have\\nbeen involuntarily terminated;\\nunless the court determines that providing reasonable efforts would be\\nin the best interests of the child, not contrary to the health and\\nsafety of the child, and would likely result in the reunification of the\\nparent and the child in the foreseeable future. The court shall state\\nsuch findings in its order.\\n If the court determines that reasonable efforts are not required\\nbecause of one of the grounds set forth above, a permanency hearing\\nshall be held within thirty days of the finding of the court that such\\nefforts are not required. Such hearing shall be conducted pursuant to\\nsection one thousand eighty-nine of the family court act. The local\\nsocial services official shall thereafter make reasonable efforts to\\nplace the child in a timely manner and to complete whatever steps are\\nnecessary to finalize the permanent placement of the child as set forth\\nin the permanency plan approved by the court. If reasonable efforts are\\ndetermined by the court not to be required because of one of the grounds\\nset forth in this paragraph, the local social services official may file\\na petition for termination of parental rights of the parent in\\naccordance with section three hundred eighty-four-b of this chapter.\\n (c) For the purpose of this section, in determining reasonable efforts\\nto be made with respect to a child, and in making such reasonable\\nefforts, the child's health and safety shall be the paramount concern.\\n (d) For the purpose of this section, a sibling shall include a\\nhalf-sibling.\\n (e) The order granting the petition of a social services official and\\napproving an instrument executed pursuant to section three hundred\\neighty-four-a of this chapter may include conditions, where appropriate\\nand specified by the judge, requiring the implementation of a specific\\nplan of action by the social services official to exercise diligent\\nefforts toward the discharge of the child from care, either to his own\\nfamily or to an adoptive home; provided, however, that such plan shall\\nnot include the provision of any service or assistance to the child and\\nhis or her family which is not authorized or required to be made\\navailable pursuant to the comprehensive annual services program plan\\nthen in effect. An order of placement shall include, at the least:\\n (i) a description of the visitation plan;\\n (ii) a direction that the respondent or respondents shall be notified\\nof the planning conference or conferences to be held pursuant to\\nsubdivision three of section four hundred nine-e of this chapter, of\\ntheir right to attend the conference, and of their right to have counsel\\nor other representative or companion with them;\\n A copy of the court's order and the service plan shall be given to the\\nrespondent. The order shall also contain a notice that if the child\\nremains in foster care for more than fifteen of the most recent\\ntwenty-two months, the agency may be required by law to file a petition\\nto terminate parental rights.\\n Nothing in such order shall preclude either party to the instrument\\nfrom exercising its rights under this section or under any other\\nprovision of law relating to the return of the care and custody of the\\nchild by the social services official to the parent, parents or\\nguardian. Violation of such on order shall be subject to punishment\\npursuant to section seven hundred fifty-three of the judiciary law.\\n (f) For a child who has attained the age of fourteen, if the court\\ngrants the petition and approves an instrument executed pursuant to\\nsection three hundred eighty-four or three hundred eighty-four-a of this\\nchapter and the transfer of custody and guardianship or care and custody\\nof the child to a local social services official the court shall\\ndetermine in its order the services and assistance needed to assist the\\nchild in learning independent living skills.\\n (g) (i) In any case in which an order has been issued pursuant to this\\nsection approving a foster care placement instrument, the social\\nservices official or authorized agency charged with custody or care of\\nthe child shall report the initial placement and any anticipated change\\nin placement to the court and the attorneys for the parties, including\\nthe attorney for the child, forthwith, but not later than one business\\nday following either the decision to make the initial placement or to\\nchange the placement or the actual date the initial placement or\\nplacement change occurred, whichever is sooner. Such notice shall\\nindicate the date that the placement change is anticipated to occur or\\nthe date the placement change occurred, as applicable. Provided,\\nhowever, if such notice lists an anticipated date for the initial\\nplacement or placement change, the local social services district or\\nauthorized agency shall subsequently notify the court and attorneys for\\nthe parties, including the attorney for the child, of the date the\\nplacement or placement change occurred; such notice shall occur no later\\nthan one business day following the placement or placement change.\\n (ii) When a child whose legal custody was transferred to the\\ncommissioner of a local social services district in accordance with this\\nsection resides in a qualified residential treatment program, as defined\\nin section four hundred nine-h of this chapter, and where such child's\\ninitial placement or change in placement in such program commenced on or\\nafter September twenty-ninth, two thousand twenty-one, upon receipt of\\nnotice required pursuant to subparagraph (i) of this paragraph and\\nmotion of the local social services district, the court shall schedule a\\ncourt review to make an assessment and determination of such placement\\nin accordance with section three hundred ninety-three of this chapter.\\nNotwithstanding any other provision of law to the contrary, such court\\nreview shall occur no later than sixty days from the date the placement\\nof the child in the qualified residential treatment program commenced.\\n (4) Notice. (a) Upon the filing of a petition pursuant to this\\nsection, the family court judge shall direct that service of a notice of\\nthe proceeding and a copy of the petition shall be made upon such\\npersons and in such manner as the judge may direct. If the instrument\\nexecuted by the parent, parents or guardian of a child consents to the\\njurisdiction of the family court over such proceeding, and waives\\nservice of the petition and notice of proceeding, then the family court\\njudge may, in his discretion, dispense with service upon the consenting\\nparent, parents or guardian, provided, however, that a waiver of service\\nof process and notice of the proceeding by a parent or guardian who has\\ntransferred the care and custody of a child to an authorized agency,\\npursuant to section three hundred eighty-four-a of this chapter, shall\\nbe null and void and shall not be given effect by the court. Notice to\\nany parent, parents or guardian who has not executed the instrument\\nshall be required.\\n (b) In the event the family court judge determines that service by\\npublication is necessary and orders service by publication, service\\nshall be made in accordance with the provisions of rule three hundred\\nsixteen of the civil practice law and rules, provided, however, that a\\nsingle publication of the summons or other process with a notice as\\nspecified herein in only one newspaper designated in the order shall be\\nsufficient. In no event shall the whole petition be published. The\\npetition shall be delivered to the person summoned at the first court\\nappearance pursuant to section one hundred fifty-four-a of the family\\ncourt act. The notice to be published with the summons or other process\\nshall state the date, time, place and purpose of the proceeding.\\n (i) If the petition is initiated to transfer custody and guardianship\\nof a child by an instrument executed pursuant to the provisions of\\nsection three hundred eighty-four of this chapter, the notice to be\\npublished shall also state that failure to appear may result, without\\nfurther notice, in the transfer of custody and guardianship of the child\\nto a social services official in this proceeding.\\n (ii) If the petition is initiated to transfer care and custody of a\\nchild by an instrument executed pursuant to the provisions of section\\nthree hundred eighty-four-a of this chapter, the notice to be published\\nshall also state that failure to appear may result, without further\\nnotice, in the transfer of care and custody of the child to a social\\nservices official in this proceeding.\\n (5) Hearing and waiver. The instrument may include a consent by the\\nparent, parents or guardian to waiver of any hearing and that a\\ndetermination may be made by the family court judge based solely upon\\nthe petition, and other papers and affidavits, if any, submitted to the\\nfamily court judge, provided, however, that a waiver of hearing by a\\nparent or guardian who has transferred the care and custody of a child\\nto an authorized agency, pursuant to section three hundred eighty-four-a\\nof this chapter, shall be effective only if such waiver was executed in\\nan instrument separate from that transferring the child's care and\\ncustody. In any case where an effective waiver has been executed, the\\nfamily court judge may dispense with a hearing, approve the instrument\\nand the transfer of the custody and guardianship or care and custody of\\nthe child to the social services official and make the requisite\\nfindings and determinations provided for in subdivision three of this\\nsection, if it appears to the satisfaction of the family court judge\\nthat the allegations in the petition are established sufficiently to\\nwarrant the family court judge to grant such petition, to make such\\nfindings and determination, and to issue such order.\\n In any case where a hearing is required, the family court judge, if\\nthe holding of an immediate hearing on notice is impractical, may\\nforthwith, upon the basis of the instrument and the allegations of the\\npetition, make a temporary finding that the parent, parents, or guardian\\nof the child are unable to make adequate provision for the care,\\nmaintenance and supervision of such child in the child's own home and\\nthat the best interest and welfare of the child will be promoted by the\\nremoval of such child from such home and thereupon, the family court\\njudge shall make a temporary order transferring the care and custody of\\nsuch child to the social services official, and shall set the matter\\ndown for hearing on the first feasible date.\\n (6) Representation. In any case where a hearing is directed by the\\nfamily court judge, he or she shall, pursuant to section two hundred\\nforty-nine of the family court act, appoint an attorney to represent the\\nchild, who shall be admitted to practice law in the state of New York.\\n (7) Return of child. If an instrument provides for the return of the\\ncare and custody of a child by the local social services official to the\\nparent, parents or guardian upon any terms and conditions or at any\\ntime, the local social services official shall comply with such terms of\\nsuch instrument without further court order. Every order approving an\\ninstrument providing for the transfer of the care and custody of a child\\nto a local social services official shall be served upon the parent,\\nparents or guardian who executed such instrument in such manner as the\\nfamily court judge may provide in such order, together with a notice of\\nthe terms and conditions under which the care and custody of such child\\nmay be returned to the parent, parents or guardian. If an instrument\\nprovides for the return of the care and custody of a child by the local\\nsocial services official to the parent, parents or guardian without\\nfixing a definite date for such return, or if the local social services\\nofficial shall fail to return a child to the care and custody of the\\nchild's parent, parents or guardian in accordance with the terms of the\\ninstrument, the parent, parents or guardian may seek such care and\\ncustody by motion for return of such child and order to show cause in\\nsuch proceeding or by writ of habeas corpus in the supreme court.\\nNothing in this subdivision shall limit the requirement for a permanency\\nhearing pursuant to article ten-A of the family court act.\\n (8) Appealable orders. Any order of a family court denying any\\npetition of a local social services official filed pursuant to this\\nsection, or any order of a family court granting or denying any motion\\nfiled by a parent, parents or guardian for return of a child pursuant to\\nthis section, shall be deemed an order of disposition appealable\\npursuant to article eleven of the family court act.\\n (9) Duty of social services official. In the event that a family court\\njudge denies a petition of a social services official for approval of an\\ninstrument, upon a finding that the welfare of the child would not be\\npromoted by foster care, such social services official shall not accept\\nor retain the care and custody as a public charge or custody and\\nguardianship of such child, provided, however, that the denial by a\\nfamily court judge of a petition of a social services official filed\\npursuant to this section shall not limit or affect the duty of such\\nsocial services official to take such other action or offer such\\nservices as are authorized by law to promote the welfare and best\\ninterests of the child.\\n (10) Visitation rights; non-custodial parents and grandparents. (a)\\nWhere a social services official incorporates in an instrument\\nvisitation rights set forth in an order, judgment or agreement as\\ndescribed in paragraph (d) of subdivision two of section three hundred\\neighty-four-a of this chapter, such official shall make inquiry of the\\nstate central register of child abuse and maltreatment to determine\\nwhether or not the person having such visitation rights is a subject or\\nanother person named in an indicated report of child abuse or\\nmaltreatment, as such terms are defined in section four hundred twelve\\nof this chapter, and shall further ascertain, to the extent practicable,\\nwhether or not such person is a respondent in a proceeding under article\\nten of the family court act whereby the respondent has been alleged or\\nadjudicated to have abused or neglected such child.\\n (b) Where a social services official or the attorney for the child\\nopposes incorporation of an order, judgment or agreement conferring\\nvisitation rights as provided for in paragraph (e) of subdivision two of\\nsection three hundred eighty-four-a of this chapter, the social services\\nofficial or attorney for the child shall apply for an order determining\\nthat the provisions of such order, judgment or agreement should not be\\nincorporated into the instrument executed pursuant to such section. Such\\norder shall be granted upon a finding, based on competent, relevant and\\nmaterial evidence, that the child's life or health would be endangered\\nby incorporation and enforcement of visitation rights as described in\\nsuch order, judgment or agreement. Otherwise, the court shall deny such\\napplication.\\n (c) Where visitation rights pursuant to an order, judgment or\\nagreement are incorporated in an instrument, the parties may agree to an\\nalternative schedule of visitation equivalent to and consistent with the\\noriginal or modified visitation order, judgment, or agreement where such\\nalternative schedule reflects changed circumstances of the parties and\\nis consistent with the best interests of the child. In the absence of\\nsuch an agreement between the parties, the court may, in its discretion,\\nupon application of any party or the child's attorney, order an\\nalternative schedule of visitation, as described herein, where it\\ndetermines that such schedule is necessary to facilitate visitation and\\nto protect the best interests of the child.\\n (d) The order providing an alternative schedule of visitation shall\\nremain in effect for the length of the placement of the child as\\nprovided for in such instrument unless such order is subsequently\\nmodified by the court for good cause shown. Whenever the court makes an\\norder denying or modifying visitation rights pursuant to this\\nsubdivision, the instrument described in section three hundred\\neighty-four-a of this chapter shall be deemed amended accordingly.\\n (11) Siblings, placement and visitation. (a) In reviewing any petition\\nbrought under this section, the court shall inquire if the social\\nservices official has arranged for the placement of the child who is the\\nsubject of the petition with any minor siblings or half-siblings who are\\nplaced in care or, if such children have not been placed together,\\nwhether such official has arranged for regular visitation and other\\nforms of regular communication between such child and such siblings.\\n (b) If the court determines that the subject child has not been placed\\nwith his or her minor siblings or half-siblings who are in care, or that\\nregular visitation and other forms of regular communication between the\\nsubject child and his or her minor siblings or half-siblings has not\\nbeen provided or arranged for, the court may direct such official to\\nprovide or arrange for such placement or regular visitation and\\ncommunication where the court finds that such placement or visitation\\nand communication is in the child's and his or her siblings' or\\nhalf-siblings' best interests. Placement or regular visitation and\\ncommunication with siblings or half-siblings shall be presumptively in\\nthe child's and his or her siblings' or half-siblings' best interests\\nunless such placement or visitation and communication would be contrary\\nto the child's or his or her siblings' or half-siblings' health, safety\\nor welfare, or the lack of geographic proximity precludes or prevents\\nvisitation.\\n (c) If a child placed in foster care pursuant to this section is not\\nplaced together or afforded regular communication with his or her\\nsiblings, the child, through his or her attorney or through a parent on\\nhis or her behalf, may move for an order regarding placement or\\ncommunication. The motion shall be served upon: (i) the parent or\\nparents in the proceeding under this section; (ii) the local social\\nservices official having the care of the child; (iii) other persons\\nhaving care, custody and control of the child, if any; (iv) the parents\\nor other persons having care, custody and control of the siblings to be\\nvisited or with whom contact is sought; (v) such sibling himself or\\nherself if ten years of age or older; and (vi) such sibling's attorney,\\nif any. Upon receipt of a motion filed under this paragraph the court\\nshall determine, after giving notice and an opportunity to be heard to\\nthe persons served, whether visitation and contact would be in the best\\ninterests of the child and his or her siblings. The court may order that\\nthe child be placed together with or have regular communication with his\\nor her siblings if the court determines it to be in the best interests\\nof the child and his or her siblings.\\n (d) For purposes of this section, \"siblings\" shall include\\nhalf-siblings and those who would be deemed siblings or half-siblings\\nbut for the surrender, termination of parental rights or death of a\\nparent.\\n (12) For the purposes of this section, aggravated circumstances means\\nwhere a child has been either severely or repeatedly abused, as defined\\nin subdivision eight of section three hundred eighty-four-b of this\\nchapter; or where a child has subsequently been found to be an abused\\nchild, as defined in paragraph (i) or (iii) of subdivision (e) of\\nsection one thousand twelve of the family court act, within five years\\nafter return home following placement in foster care as a result of\\nbeing found to be a neglected child, as defined in subdivision (f) of\\nsection one thousand twelve of the family court act, provided that the\\nrespondent or respondents in each of the foregoing proceedings was the\\nsame; or where the court finds by clear and convincing evidence that the\\nparent of a child in foster care has refused and has failed completely,\\nover a period of at least six months from the date of removal, to engage\\nin services necessary to eliminate the risk of abuse or neglect if\\nreturned to the parent, and has failed to secure services on his or her\\nown or otherwise adequately prepare for the return home and, after being\\ninformed by the court that such an admission could eliminate the\\nrequirement that the local department of social services provide\\nreunification services to the parent, the parent has stated in court\\nunder oath that he or she intends to continue to refuse such necessary\\nservices and is unwilling to secure such services independently or\\notherwise prepare for the child's return home; provided, however, that\\nif the court finds that adequate justification exists for the failure to\\nengage in or secure such services, including but not limited to a lack\\nof child care, a lack of transportation, and an inability to attend\\nservices that conflict with the parent's work schedule, such failure\\nshall not constitute an aggravated circumstance; or where a court has\\ndetermined a child five days old or younger was abandoned by a parent\\nwith an intent to wholly abandon such child and with the intent that the\\nchild be safe from physical injury and cared for in an appropriate\\nmanner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "358-B", "title" : "Limitations on state reimbursement for foster care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2022-04-15" ], "docLevelId" : "358-B", "activeDate" : "2022-04-15", "sequenceNo" : 352, "repealedDate" : null, "fromSection" : "358-B", "toSection" : "358-B", "text" : " * § 358-b. Limitations on state reimbursement for foster care. In the\\nevent that a petition for approval of an instrument and the transfer of\\nthe custody and guardianship or care and custody of a child is filed\\nwithin thirty days following removal of the child from his home and\\ndiligently pursued pursuant to section three hundred fifty-eight-a of\\nthis title, state reimbursement shall not be denied for expenditures\\nmade by a social services district for the care and maintenance of such\\na child away from his home prior to denial of such petition by a family\\ncourt judge solely by reason of such denial.\\n * NB Effective until June 30, 2027\\n * § 358-b. Limitations on state reimbursement for foster care. In the\\nevent that a petition for approval of an instrument and the transfer of\\nthe custody and guardianship or care and custody of a child is filed\\nwithin thirty days following removal of the child from his home and\\ndiligently pursued pursuant to section three hundred fifty-eight-a of\\nthis chapter, state reimbursement shall not be denied pursuant to\\nsection one hundred fifty-three-d of this chapter, for expenditures made\\nby a social services district for the care and maintenance of such a\\nchild away from his home prior to denial of such petition by a family\\ncourt judge solely by reason of such denial.\\n * NB Effective June 30, 2027\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "358-C", "title" : "Rules of court", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "358-C", "activeDate" : "2014-09-22", "sequenceNo" : 353, "repealedDate" : null, "fromSection" : "358-C", "toSection" : "358-C", "text" : " § 358-c. Rules of court. The administrative board of the judicial\\nconference shall prepare, by August first, nineteen hundred\\nseventy-three, rules of court for the efficient and just administration\\nof the judicial proceedings authorized by section three hundred\\nfifty-eight-a of this chapter and such rules may be amended by the\\nadministrative board from time to time. The state administrator shall\\nprescribe forms for petitions, notices and orders authorized by section\\nthree hundred fifty-eight-a, and may authorize courts determining such\\nproceedings to submit information to the department in a manner and at\\nsuch times as the administrative board may prescribe. Nothing in this\\nsection shall be construed to limit the authority of the state board of\\nsocial welfare.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "360", "title" : "Real property of legally responsible relatives", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23", "2022-04-08" ], "docLevelId" : "360", "activeDate" : "2022-04-08", "sequenceNo" : 354, "repealedDate" : null, "fromSection" : "360", "toSection" : "360", "text" : " § 360. Real property of legally responsible relatives. The ownership\\nof real property by an applicant or applicants, recipient or recipients\\nwho is or are legally responsible relatives of the child or children for\\nwhose benefit the application is made or the aid is granted, whether\\nsuch ownership be individual or joint as tenants in common, tenants by\\nthe entirety or joint tenants, shall not preclude the granting of family\\nassistance or the continuance thereof if he or they are without the\\nnecessary funds to maintain himself, herself or themselves and such\\nchild or children.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 21 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T11", "title" : "Medical Assistance For Needy Persons", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-01-23", "2015-05-01", "2020-04-17", "2022-04-22", "2022-04-29", "2023-01-06", "2023-05-12", "2023-10-20", "2024-01-05", "2024-02-02", "2024-09-20" ], "docLevelId" : "11", "activeDate" : "2023-05-12", "sequenceNo" : 355, "repealedDate" : null, "fromSection" : "363", "toSection" : "369", "text" : " TITLE 11\\n MEDICAL ASSISTANCE FOR NEEDY PERSONS\\nSection 363. Declaration of objects.\\n 363-a. Federal aid; state plan.\\n 363-b. Agreements for federal determination of eligibility of\\n aged, blind and disabled persons for medical\\n assistance.\\n 363-c. Medicaid management.\\n 363-d. Provider compliance program.\\n 363-e. Medicaid plan, applications for waivers and plan\\n amendments; public disclosure.\\n 363-e*2. Preclaim review for participating providers of medical\\n assistance program services and items.\\n 363-f. Electronic visit verification for personal care and\\n home health providers.\\n 364. Responsibility for standards.\\n 364-a. Cooperation of state departments.\\n 364-b. Residential and medical care placement demonstration\\n projects.\\n 364-c. National long term care channeling demonstration\\n project.\\n 364-d. Medical assistance research and demonstration projects.\\n 364-e. Aid to families with dependent children homemaker/home\\n health aide demonstration projects.\\n 364-f. Primary care case management programs.\\n 364-g. Medical assistance capitation rate demonstration\\n project.\\n 364-h. Foster family care demonstration programs for elderly\\n or disabled persons.\\n 364-i. Medical assistance presumptive eligibility program.\\n 364-j. Managed care programs.\\n 364-j-1. Transitional supplemental payments.\\n 364-j-2. Transitional supplemental payments.\\n 364-jj. Special advisory review panel on Medicaid managed care.\\n 364-kk. Condition of Participation.\\n 364-m. Statewide patient centered medical home program.\\n 364-n. Diabetes and chronic disease self-management pilot\\n program.\\n 365. Responsibility for assistance.\\n 365-a. Character and adequacy of assistance.\\n 365-b. Local medical plans: professional directors.\\n 365-c. Medical advisory committee.\\n 365-d. Medicaid evidence based benefit review advisory\\n committee.\\n 365-e. Optional or continued membership in entities offering\\n comprehensive health services plans.\\n 365-f. Consumer directed personal assistance program.\\n 365-g. Utilization review for certain care, services and\\n supplies.\\n 365-h. Provision and reimbursement of transportation costs.\\n 365-j. Advisory opinions.\\n 365-k. Provision of prenatal care services.\\n 365-l. Health homes.\\n 365-m. Administration and management of behavioral health\\n services.\\n 365-n. Department of health assumption of program\\n administration.\\n 365-o. Provision and coverage of services for living organ\\n donors.\\n 366. Eligibility.\\n 366-a. Applications for assistance; investigations;\\n reconsideration.\\n 366-b. Penalties for fraudulent practices.\\n 366-c. Treatment of income and resources of institutionalized\\n persons.\\n 366-d. Medical assistance provider; prohibited practices.\\n 366-e. Certified home health agency medicare billing.\\n 366-f. Persons acting in concert with a medical assistance\\n provider; prohibited practices.\\n 366-g. Newborn enrollment for medical assistance.\\n 366-h. Automated system; established.\\n 366-i. Long-term care financing demonstration program.\\n 367. Authorization for hospital care.\\n 367-a. Payments; insurance.\\n 367-b. Medical assistance information and payment system.\\n 367-c. Payment for long term home health care programs.\\n 367-d. Personal care need determination.\\n 367-e. Payment for AIDS home care programs.\\n 367-f. Partnership for long term care program.\\n 367-g. Authorization and provision of personal emergency\\n response services.\\n 367-h. Payment for assisted living programs.\\n 367-i. Personal care services provider assessments.\\n 367-o. Health insurance demonstration programs.\\n 367-p. Responsibilities of local districts for personal care\\n services, home care services and private duty\\n nursing.\\n 367-p*2. Payment for limited home care services agencies.\\n 367-q. Personal care services worker recruitment and retention\\n program.\\n 367-r. Private duty nursing services worker recruitment and\\n retention program.\\n 367-s. Long term care demonstration program.\\n 367-s*2. Emergency medical transportation services.\\n 367-t. Payment for emergency physician services.\\n 367-u. Payment for home telehealth services.\\n 367-v. County long-term care financing demonstration program.\\n 367-w. Health care and mental hygiene worker bonuses.\\n 368. Quarterly estimates.\\n 368-a. State reimbursement.\\n 368-b. State reimbursement to local health districts;\\n chargebacks.\\n 368-c. Audit of state rates of payment to providers of health\\n care services.\\n 368-d. Reimbursement to public school districts and state\\n operated/state supported schools which operate\\n pursuant to article eighty-five, eighty-seven or\\n eighty-eight of the education law.\\n 368-e. Reimbursement to counties for pre-school children with\\n handicapping conditions.\\n 368-f. Reimbursement of costs under the early intervention\\n program.\\n 369. Application of other provisions.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363", "title" : "Declaration of objects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "363", "activeDate" : "2014-09-22", "sequenceNo" : 356, "repealedDate" : null, "fromSection" : "363", "toSection" : "363", "text" : " § 363. Declaration of objects. Medical assistance for needy persons\\nis hereby declared to be a matter of public concern and a necessity in\\npromoting the public health and welfare and for promoting the state's\\ngoal of making available to everyone, regardless of race, age, national\\norigin or economic standing, uniform, high-quality medical care. In\\nfurtherance of such goal, a comprehensive program of medical assistance\\nfor needy persons is hereby established to operate in a manner which\\nwill assure a uniform high standard of medical assistance throughout the\\nstate. In carrying out this program every effort shall be made to\\npromote maximum public awareness of the availability of, and procedure\\nfor obtaining, such assistance, and to facilitate the application for,\\nand the provision of such medical assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363-A", "title" : "Federal aid; state plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "363-A", "activeDate" : "2014-09-22", "sequenceNo" : 357, "repealedDate" : null, "fromSection" : "363-A", "toSection" : "363-A", "text" : " § 363-a. Federal aid; state plan. 1. The department of health shall\\nsubmit and maintain a plan for medical assistance, as required by title\\nXIX, or any successor title, of the federal social security act, to the\\nfederal department of health and human services for approval pursuant to\\nthe provisions of such law and shall act as the single state agency to\\nsupervise the administration of the plan in this state. The department\\nof health shall act for the state in any negotiations relative to the\\nsubmission and approval of such plan and any amendments thereto and it\\nmay make such arrangements, not inconsistent with law, as may be\\nrequired by or pursuant to federal law to obtain and retain such\\napproval and to secure for the state the benefits of the provisions of\\nsuch law.\\n 2. The department of health shall make such regulations, not\\ninconsistent with law, as may be necessary to implement this title.\\n 3. The department of health shall make reports to the federal\\ndepartment of health and human services as from time to time may be\\nrequired by such federal department.\\n 4. The department of taxation and finance shall accept and receive any\\nand all grants of money awarded to the state under title XIX, or any\\nsuccessor title, of the federal social security act. All moneys so\\nreceived shall be deposited by the department of taxation and finance in\\na special fund or funds and shall be used by the state exclusively for\\nmedical assistance and the administration thereof under the provisions\\nof this title. Such moneys shall be paid from such fund or funds on\\naudit and warrant of the comptroller on vouchers of or certification by\\nthe department of health.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363-B", "title" : "Agreements for federal determination of eligibility of aged, blind and disabled persons for medical assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "363-B", "activeDate" : "2014-09-22", "sequenceNo" : 358, "repealedDate" : null, "fromSection" : "363-B", "toSection" : "363-B", "text" : " § 363-b. Agreements for federal determination of eligibility of aged,\\nblind and disabled persons for medical assistance. 1. In order to\\navoid costly, duplicative administrative responsibility, the department\\non behalf of the state may, with the approval of the director of the\\nbudget, enter into an agreement with the secretary of health, education\\nand welfare for the secretary to determine eligibility, commencing on or\\nafter the first day of January nineteen hundred seventy-four, for\\nmedical assistance in the case of aged, blind or disabled persons,\\npursuant to the provisions of the social security act authorizing such\\nagreements and subject to the requirements of this title. Such\\nagreement shall include provision for payments of one-half the cost of\\nsuch services to be made to such secretary.\\n 2. Payments required to be made by the department to the secretary of\\nhealth, education and welfare for his services under such agreement\\nshall be borne by and shared equally between the social services\\ndistricts to which such payments are attributable and the state for any\\nperiod commencing on or after the first day of January nineteen hundred\\nseventy-four.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363-C", "title" : "Medicaid management", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-05-01", "2022-04-22", "2024-04-26", "2026-06-05" ], "docLevelId" : "363-C", "activeDate" : "2022-04-22", "sequenceNo" : 359, "repealedDate" : null, "fromSection" : "363-C", "toSection" : "363-C", "text" : " § 363-c. Medicaid management. 1. The commissioner of the department\\nperiodically shall convene, but not less than quarterly and no more than\\nmonthly, meetings of the directors and commissioners of all state\\nagencies and departments receiving general fund appropriations for the\\npurpose of state matching funds for medicaid services and appropriate\\nrepresentation of local departments of social services. The purpose of\\nthese meetings is to identify, without limitation:\\n (a) methods to contain the growth of medicaid spending;\\n (b) methods to improve the quality of and recipient satisfaction with\\nmedicaid state agency and department services;\\n (c) opportunities for consolidation and methods to improve the\\nefficiency and effectiveness of existing service delivery;\\n (d) opportunities for education and prevention; and\\n (e) the collective priority of critical needs for the medicaid\\npopulation.\\n 2. The department annually shall compile the results of these meetings\\nand provide them to the governor, the senate finance committee, the\\nassembly ways and means committee, the senate health committee, the\\nassembly health committee, the senate social services, children and\\nfamilies committee, and the assembly social services committee.\\n 3. By December thirty-first of each year, the department shall submit\\nto the governor, the senate finance committee, the assembly ways and\\nmeans committee, the senate health committee, the assembly health\\ncommittee, the senate social services, children and families committee,\\nand the assembly social services committee medicaid expenditures made to\\nother state agencies in the preceding state fiscal year. The report\\nshall include, but is not limited to:\\n (a) amounts paid to each agency according to category of service; and\\n (b) rates paid to each state agency and the associated methodology\\nused in developing those rates.\\n * 4. Notwithstanding any laws or regulations to the contrary, all\\nsocial services districts, providers and other recipients of medical\\nassistance program funds shall make available to the commissioner or the\\ndirector of the division of budget in a prompt fashion all fiscal and\\nstatistical records and reports, other contemporaneous records\\ndemonstrating their right to receive payment, and all underlying books,\\nrecords, documentation and reports, which may be requested by the\\ncommissioner or the director of the division of the budget as may be\\ndetermined necessary to manage and oversee the Medicaid program provided\\nhowever, any personally identifying information obtained pursuant to\\nthis subdivision shall remain confidential and shall be used solely for\\nthe purposes of this subdivision.\\n * NB Repealed April 3, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363-D", "title" : "Provider compliance program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2020-04-17" ], "docLevelId" : "363-D", "activeDate" : "2020-04-17", "sequenceNo" : 360, "repealedDate" : null, "fromSection" : "363-D", "toSection" : "363-D", "text" : " § 363-d. Provider compliance program. 1. The legislature finds that\\nmedical assistance providers may be able to detect and correct payment\\nand billing mistakes and fraud if required to develop and implement\\ncompliance programs. It is the purpose of such programs to organize\\nprovider resources to resolve payment discrepancies and detect\\ninaccurate billings, among other things, as quickly and efficiently as\\npossible, and to impose systemic checks and balances to prevent future\\nrecurrences. The legislature accordingly declares that it is in the\\npublic interest that providers within the medical assistance program\\nimplement compliance programs. The legislature also recognizes the wide\\nvariety of provider types in the medical assistance program and the need\\nfor compliance programs that reflect a provider's size, complexity,\\nresources, and culture. For a compliance program to be effective, it\\nmust be designed to be compatible with the provider's characteristics.\\nAt the same time, however, the legislature determines that there are key\\ncomponents that must be included in every compliance program and such\\ncomponents should be required if a provider is to be a medical\\nassistance program participant. Accordingly, the provisions of this\\nsection require providers to adopt effective compliance program\\nelements, and make each provider responsible for implementing such a\\nprogram appropriate to its characteristics.\\n 2. Every provider of medical assistance program items and services\\nthat is subject to subdivision four of this section shall adopt and\\nimplement a compliance program. The office of Medicaid inspector general\\nshall create and make available on its website guidelines, which may\\ninclude a model compliance program, that reflect the requirements of\\nthis section. Such compliance programs shall meet the requirements\\nincluded in this subdivision as a condition of payment from the medical\\nassistance program. The compliance program required pursuant to this\\nsection may be a component of more comprehensive compliance activities\\nby the medical assistance provider so long as the requirements of this\\nsection are met. Every provider shall adopt and implement an effective\\ncompliance program, which shall include measures that prevent, detect,\\nand correct non-compliance with medical assistance program requirements\\nas well as measures that prevent, detect, and correct fraud, waste, and\\nabuse. The compliance program shall include the following requirements:\\n (a) Written policies, procedures, and standards of conduct that:\\n (1) articulate the organization's commitment to comply with all\\napplicable federal and state standards;\\n (2) describe compliance expectations as embodied in the standards of\\nconduct;\\n (3) implement the operation of the compliance program;\\n (4) provide guidance to employees and others on dealing with potential\\ncompliance issues;\\n (5) identify how to communicate compliance issues to appropriate\\ncompliance personnel;\\n (6) describe how potential compliance issues are investigated and\\nresolved by the organization;\\n (7) include a policy of non-intimidation and non-retaliation for good\\nfaith participation in the compliance program, including but not limited\\nto reporting potential issues, investigating issues, conducting\\nself-evaluations, audits and remedial actions, and reporting to\\nappropriate officials; and\\n (8) all requirements listed under 42 U.S.C.1396-a(a)(68).\\n (b) Designation of a compliance officer and a compliance committee who\\nreport directly and are accountable to the organization's chief\\nexecutive or other senior management.\\n (c)(1) Each provider shall establish and implement effective training\\nand education for its compliance officer and organization employees, the\\nchief executive and other senior administrators, managers and governing\\nbody members.\\n (2) Such training and education shall occur at a minimum annually and\\nshall be made a part of the orientation for a new employee and new\\nappointment of a chief executive, manager, or governing body member.\\n (d) Establishment and implementation of effective lines of\\ncommunication, ensuring confidentiality, between the compliance officer,\\nmembers of the compliance committee, the organization's employees,\\nmanagers and governing body, and the organizations first tier,\\ndownstream, and related entities. Such lines of communication shall be\\naccessible to all and allow compliance issues to be reported including a\\nmethod for anonymous and confidential good faith reporting of potential\\ncompliance issues as they are identified.\\n (e) Well-publicized disciplinary standards through the implementation\\nof procedures which encourage good faith participation in the compliance\\nprogram by all affected individuals.\\n (f) Establishment and implementation of an effective system for\\nroutine monitoring and identification of compliance risks. The system\\nshould include internal monitoring and audits and, as appropriate,\\nexternal audits, to evaluate the organization's compliance with the\\nmedical assistance program requirements and the overall effectiveness of\\nthe compliance program.\\n (g) Establishment and implementation of procedures and a system for\\npromptly responding to compliance issues as they are raised,\\ninvestigating potential compliance problems as identified in the course\\nof self-evaluations and audits, correcting such problems promptly and\\nthoroughly to reduce the potential for recurrence, and ensure ongoing\\ncompliance with the medical assistance programs requirements.\\n 3. Upon enrollment in the medical assistance program, a provider shall\\ncertify to the department that the provider satisfactorily meets the\\nrequirements of this section. Additionally, the commissioner of health\\nand Medicaid inspector general shall have the authority to determine at\\nany time if a provider has a compliance program that satisfactorily\\nmeets the requirements of this section.\\n (a) A compliance program that is accepted by the federal department of\\nhealth and human services office of inspector general and remains in\\ncompliance with the standards promulgated by such office shall be deemed\\nin compliance with the provisions of this section, so long as such plans\\nadequately address medical assistance program risk areas and compliance\\nissues.\\n (b) A compliance program that meets Federal requirements for managed\\ncare provider compliance programs, as specified in the contract or\\ncontracts between the department and the Medicaid managed care provider\\nshall be deemed in compliance with the provisions in this section, so\\nlong as such programs adequately address medical assistance program risk\\nareas and compliance issues. For purposes of this section, a managed\\ncare provider is as defined in paragraph (c) of subdivision one of\\nsection three hundred sixty-four-j of this chapter, and includes managed\\nlong term care plans.\\n (c) In the event that the commissioner of health or the Medicaid\\ninspector general finds that the provider does not have a satisfactory\\nprogram within ninety days after the effective date of the regulations\\nissued pursuant to subdivision four of this section, the provider may be\\nsubject to any sanctions or penalties permitted by federal or state laws\\nand regulations, including revocation of the provider's agreement to\\nparticipate in the medical assistance program.\\n (d)(1) In the first instance of the Medicaid inspector general's\\ndetermination that the provider, including a Medicaid managed care\\nprovider, that has failed to adopt and implement a compliance program\\nwhich satisfactorily meets the requirements of this section, the\\nMedicaid inspector general may impose a monetary penalty of five\\nthousand dollars per calendar month, for a maximum of twelve calendar\\nmonths against a provider, including Medicaid managed care providers.\\n (2) The Medicaid inspector general may impose a monetary penalty of up\\nto ten thousand dollars per calendar month, for a maximum of twelve\\ncalendar months against a provider, including a Medicaid managed care\\nprovider, that has failed to adopt and implement a compliance program\\nwhich satisfactorily meets the requirements of this section, if a\\npenalty was previously imposed under subparagraph one of this paragraph\\nwithin the previous five years.\\n (e) A provider, including a Medicaid managed care provider, against\\nwhom a monetary penalty is imposed pursuant to paragraph (d) of this\\nsubdivision shall be entitled to notice and an opportunity to be heard,\\nincluding the right to request a hearing pursuant to section twenty-two\\nof this chapter.\\n 4. Providers that shall be subject to the provisions of this section\\ninclude, but are not limited to:\\n (a) those subject to the provisions of articles twenty-eight and\\nthirty-six of the public health law;\\n (b) those subject to the provisions of articles sixteen and thirty-one\\nof the mental hygiene law;\\n (c) notwithstanding the provisions of section forty-four hundred\\nfourteen of the public health law, managed care providers, as defined in\\nsection three hundred sixty-four-j of this title and includes managed\\nlong-term care plans; and\\n (d) other providers of care, services and supplies under the medical\\nassistance program for which the medical assistance program is a\\nsubstantial portion of their business operations.\\n 5. (a) The Medicaid inspector general, in consultation with the\\ndepartment of health, shall promulgate any regulations necessary to\\nimplement this section.\\n (b) The Medicaid inspector general shall accept programs and processes\\nimplemented pursuant to section forty-four hundred fourteen of the\\npublic health law as satisfying the obligations of this section and the\\nregulations promulgated thereunder when such programs and processes\\nincorporate the objectives contemplated by this section.\\n 6. (a) If a person has received an overpayment under the medical\\nassistance program, the person shall:\\n (1) report and return the overpayment to the department; and\\n (2) notify the Medicaid inspector general in writing of the reason for\\nthe overpayment.\\n (b) An overpayment shall be reported and returned under paragraph (a)\\nof this subdivision by the later of: (1) the date which is sixty days\\nafter the date on which the overpayment was identified; or (2) the date\\nany corresponding cost report is due, if applicable. A person has\\nidentified an overpayment when the person has or should have through the\\nexercise of reasonable diligence, determined that the person has\\nreceived an overpayment and quantified the amount of the overpayment. A\\nperson should have determined that the person received an overpayment\\nand quantified the amount of the overpayment if the person fails to\\nexercise reasonable diligence and the person in fact received an\\noverpayment.\\n (c) The deadline for returning overpayments shall be tolled when the\\nfollowing occurs:\\n (1) the Medicaid inspector general acknowledges receipt of a\\nsubmission to the Medicaid inspector general's self-disclosure program\\nunder subdivision seven of this section, and shall remain tolled until\\nsuch time as a self-disclosure and compliance agreement, pursuant to\\nsubdivision seven of this section is fully executed, the person\\nwithdraws from the self-disclosure program, the person repays the\\noverpayment and any interest due, or the person is removed from the\\nself-disclosure program by the Medicaid inspector general; or\\n (2) in the absence of a finding of fraud a person may repay an\\noverpayment through installment payments as described in subdivision\\nseven of this section and shall remain tolled until such time as the\\nprovider repays the overpayment and any interest due, the Medicaid\\ninspector general rejects the installment payment schedule requested by\\nthe provider, or the provider fails to comply with the terms of the\\ninstallment payment schedule.\\n (d) Any overpayment retained by a person after the deadline for\\nreporting and returning the overpayment under paragraph (b) of this\\nsubdivision shall be subject to a monetary penalty pursuant to\\nsubdivision four of section one hundred forty-five-b of this article.\\n (e) For purposes of this subdivision, \"person\" means a provider of\\nservices or supplies, managed care provider, as defined in paragraph (b)\\nof subdivision one of section three hundred sixty-four-j of this title\\nand includes managed long-term care plans, and does not include\\nrecipients of the medical assistance program.\\n 7. Self-disclosure program. (a) Notwithstanding the provisions of any\\nother law to the contrary, there is hereby established a voluntary\\nself-disclosure program to be administered by the Medicaid inspector\\ngeneral, in consultation with the commissioner, for all persons\\ndescribed in this section owing any overpayment to the medical\\nassistance program.\\n (b) For purposes of this subdivision, \"person\" means any person\\nproviding services or receiving payment under the medical assistance\\nprogram, a managed care provider as defined in paragraph (b) of\\nsubdivision one of section three hundred sixty-four-j of this title,\\nincluding managed long-term care plans, and any subcontractors or\\nnetwork providers thereof.\\n (c) In order to be eligible to participate in the self-disclosure\\nprogram, a person shall satisfy the following conditions:\\n (1) the person is not currently under audit, investigation or review\\nby the Medicaid inspector general, unless the overpayment and the\\nrelated conduct being disclosed does not relate to the Medicaid\\ninspector general's audit, investigation or review;\\n (2) the person is disclosing an overpayment and related conduct that\\nthe Medicaid inspector general has not determined, calculated,\\nresearched or identified at the time of the disclosure;\\n (3) the overpayment and related conduct is reported by the deadline\\nspecified in subdivision six of this section; and\\n (4) the person is not currently a party to any criminal investigation\\nbeing conducted by the deputy attorney general for the Medicaid fraud\\ncontrol unit or an agency of the United States government or any\\npolitical subdivision thereof.\\n (d) Notwithstanding subdivision three of section one hundred\\nforty-five-b of this article, the Medicaid inspector general may waive\\ninterest on any overpayment reported, returned, and explained by an\\neligible person under this subdivision. Furthermore, an eligible\\nperson's good faith participation in the self-disclosure program may be\\nconsidered as a mitigating factor in the determination of an\\nadministrative enforcement action.\\n (e) To participate in the self-disclosure program, an eligible person\\nshall apply by submitting a self-disclosure statement in the form and\\nmanner prescribed by the Medicaid inspector general. The statement shall\\ncontain all the information required by the Medicaid inspector general\\nto effectively administer the self-disclosure program.\\n (f) (1) The eligible person shall pay the overpayment amount\\ndetermined by the Medicaid inspector general to the department within\\nfifteen days of the Medicaid inspector general notifying the person of\\nthe amount due.\\n (2) In the event the Medicaid inspector general is satisfied that the\\nperson cannot make immediate full payment of the disclosed overpayment,\\nthe Medicaid inspector general may permit the person to repay the\\noverpayment and any interest due through installment payments. The\\nMedicaid inspector general may require a financial disclosure statement\\nsetting forth information concerning the person's current assets,\\nliabilities, earnings, and other financial information before entering\\ninto an installment payment plan with the person.\\n (3) If the person and the overpayment are eligible under the\\nself-disclosure program, the Medicaid inspector general shall be\\nauthorized to enter into a self-disclosure and compliance agreement with\\nthe person. The self-disclosure and compliance agreement shall be in a\\nform to be established by the Medicaid inspector general and include\\nsuch terms as the Medicaid inspector general shall require for the\\nrepayment of the person's disclosed overpayment and enable and require\\nthe person to comply with the requirements of the medical assistance\\nprogram in the future. The person shall execute the self-disclosure and\\ncompliance agreement within fifteen days of receiving said agreement\\nfrom the Medicaid inspector general, or such other timeframe permitted\\nby the Medicaid inspector general, provided however, that such other\\nperiod is not less than fifteen days.\\n (4) If the person provides false material information or omits\\nmaterial information in his or her submissions to the Medicaid inspector\\ngeneral, or attempts to defeat or evade an overpayment due pursuant to\\nthe self-disclosure and compliance agreement executed under this\\nsubdivision, or fails to comply with the terms of the self-disclosure\\nand compliance agreement, or refuses to execute the self-disclosure and\\ncompliance agreement in the timeframes specified under this section,\\nsuch agreement shall be deemed rescinded and the provider's\\nparticipation in the self-disclosure program terminated.\\n (5) A person against whom a self-disclosure and compliance agreement\\nis rescinded and participation in the self-disclosure program is\\nterminated pursuant to subparagraph four of this paragraph shall be\\nentitled to notice.\\n (g) The Medicaid inspector general, in consultation with the\\ncommissioner, may promulgate regulations, issue forms and instructions,\\nand take any and all other actions necessary to implement the provisions\\nof the self-disclosure program established under this section to\\nmaximize public awareness and participation in such program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363-E", "title" : "Medicaid plan, applications for waivers and plan amendments; public disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-01-05" ], "docLevelId" : "363-E", "activeDate" : "2014-09-22", "sequenceNo" : 361, "repealedDate" : null, "fromSection" : "363-E", "toSection" : "363-E", "text" : " * § 363-e. Medicaid plan, applications for waivers and plan\\namendments; public disclosure. 1. The commissioner of health shall post\\non the department of health internet website in as timely a manner as\\npractical the entirety of the state's plan for medical assistance as\\nrequired by title XIX of the federal Social Security Act, or its\\nsuccessor, and every approved amendment and change to the plan.\\n 2. The commissioner of health shall post on the department of health\\ninternet website in as timely a manner as practical: every application\\nfor a federal waiver and every proposed state plan amendment, relating\\nto the state's plan for medical assistance, submitted to the federal\\ndepartment of health and human services, or any successor agency or part\\nthereof.\\n * NB There are 2 § 363-e's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363-E*2", "title" : "Preclaim review for participating providers of medical assistance program services and items", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-05-12" ], "docLevelId" : "363-E*2", "activeDate" : "2023-05-12", "sequenceNo" : 362, "repealedDate" : null, "fromSection" : "363-E*2", "toSection" : "363-E*2", "text" : " * § 363-e. Preclaim review for participating providers of medical\\nassistance program services and items. The department of health and the\\noffice of the Medicaid inspector general shall jointly develop\\nrequirements for preclaim review. Every service or item within a claim\\nor encounter submitted by a participating provider shall be reviewed and\\nverified by a verification organization prior to submission of a claim\\nor encounter to the department of health or to a managed care provider\\nas defined in paragraph (b) of subdivision one of section three hundred\\nsixty-four-j of this title. The verification organization shall declare\\neach service or item to be verified or unverified. Each participating\\nprovider shall receive and maintain reports from the verification\\norganization which shall contain data on:\\n 1. verified services or items, including whether a service appeared on\\na conflict or exception report before verification and how that conflict\\nor exception was resolved; and\\n 2. services or items that were not verified, including conflict and\\nexception report data for these services.\\n * NB Repealed January 1, 2024\\n * NB There are 2 § 363-e's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "363-F", "title" : "Electronic visit verification for personal care and home health providers", "docType" : "SECTION", "publishedDates" : [ "2023-05-12", "2023-05-19", "2024-01-05" ], "docLevelId" : "363-F", "activeDate" : "2023-05-12", "sequenceNo" : 363, "repealedDate" : null, "fromSection" : "363-F", "toSection" : "363-F", "text" : "", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364", "title" : "Responsibility for standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364", "activeDate" : "2014-09-22", "sequenceNo" : 364, "repealedDate" : null, "fromSection" : "364", "toSection" : "364", "text" : " § 364. Responsibility for standards. To assure that the medical care\\nand services rendered pursuant to this title are of the highest quality\\nand are available to all who are in need, the responsibility for\\nestablishing and maintaining standards for medical care and eligibility\\nshall be as follows:\\n 1. The department of social services shall be responsible for\\n (a) determining eligibility for care and services pursuant to this\\ntitle and consistent with standards established by the commissioner of\\nthe department of health and, as authorized by such commissioner, for\\nhearing appeals and making findings and recommendations relating\\nthereto;\\n (b) auditing payments to providers of care, services and supplies\\nunder the medical assistance program; and\\n (c) publishing and distributing to the public, from time to time and\\nin consultation with the department of health, information relating to\\nthe medical assistance program, to promote maximum public awareness of\\nthe availability of, and the procedure for obtaining, such assistance.\\n 2. The department of health shall be responsible for\\n (a) establishing and maintaining standards for all hospital and\\nrelated services pursuant to article twenty-eight of the public health\\nlaw, and for all medical care and services furnished in an institution\\noperated by the department of health pursuant to other provisions of the\\npublic health law;\\n (b) establishing and maintaining standards for all non-institutional\\nhealth care and services rendered pursuant to this title, including but\\nnot limited to procedural standards relating to the revocation,\\nsuspension, limitation or annulment of qualification for participation\\nas a provider of care and services, on a determination that the provider\\nis an incompetent provider of specific services or has exhibited a\\ncourse of conduct which is either inconsistent with program standards\\nand regulations or which exhibits an unwillingness to meet such\\nstandards and regulations, or is a potential threat to the public health\\nor safety pursuant to section two hundred six of the public health law;\\n (c) reviewing and approving local social services medical plans;\\n (d) establishing by regulation requirements for a uniform system of\\nreports relating to the quality of medical care and services furnished\\npursuant to this title;\\n (e) reviewing the quality and availability of medical care and\\nservices furnished under local social services medical plans, to assure\\nthat the quality of medical care and services is in the best interest of\\nthe recipients;\\n (f) providing consultative services to hospitals, nursing homes, home\\nhealth agencies, clinics, laboratories, and such other institutions as\\nthe secretary of the federal department of health and human services may\\nspecify in order to assist them: to qualify for payments under the\\nprovisions of this title and title XIX of the federal social security\\nact; in providing information needed to determine such payments; in\\nestablishing and maintaining such fiscal records as may be necessary for\\nthe proper and efficient administration of medical assistance;\\n (g) establishing standards of eligibility for medical assistance,\\nconsistent with the provisions of this title; and\\n (h) making policy, rules and regulations for maintaining a system of\\nhearings for applicants and recipients of medical assistance adversely\\naffected by the actions of the department or social service districts\\nand for making final administrative determinations and issuing final\\ndecisions concerning such matters.\\n 3. Each office within the department of mental hygiene shall be\\nresponsible for establishing and maintaining standards for medical care\\nand services received in institutions operated by it or subject to its\\nsupervision pursuant to the mental hygiene law.\\n 4. The public health and health planning council shall be responsible\\nfor establishing and maintaining qualifications for persons employed by\\nsocial services districts as professional directors.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-A", "title" : "Cooperation of state departments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2020-04-17", "2024-05-03" ], "docLevelId" : "364-A", "activeDate" : "2020-04-17", "sequenceNo" : 365, "repealedDate" : null, "fromSection" : "364-A", "toSection" : "364-A", "text" : " § 364-a. Cooperation of state departments. 1. There shall be such\\ncooperative arrangements, between and among the department of health and\\nother state departments and agencies as shall be necessary to assure\\nthat the purposes and objectives of this title will be effectively\\naccomplished. The commissioner of the department of health shall have\\nthe authority to delegate responsibility under this title to other state\\ndepartments and agencies and to enter into memoranda of understanding as\\nmay be necessary to carry out the provisions of this title.\\n 2. Notwithstanding any inconsistent provision of law, the department\\nof health shall enter into a cooperative agreement with the office of\\nmental health which shall;\\n (i) provide for the office of mental health, on or after the date of\\nthe agreement, to administer and supervise the medical care, health\\ncare, habilitative, rehabilitative and maintenance services provided\\npursuant to this title at residential treatment facilities for children\\nand youth licensed by the office of mental health pursuant to article\\nthirty-one of the mental hygiene law, and\\n (ii) authorize the office of mental health to perform such\\nadministration and supervision, either directly or by contract, as the\\noffice of mental health may from time-to-time determine. On or after the\\neffective date of such agreement, all of the functions provided for in\\nthis title for the administration and supervision of medical care,\\nhealth care, habilitative, rehabilitative and maintenance services\\nprovided hereunder by residential treatment facilities for children and\\nyouth licensed by the office of mental health pursuant to article\\nthirty-one of the mental hygiene law shall be performed by the office of\\nmental health to the extent permitted by applicable federal law and to\\nthe extent that federal reimbursement for such care and services is not\\nimpaired. A cooperative agreement previously entered into by the\\ndepartment of social services pursuant to this subdivision shall\\ncontinue in effect until modified or terminated by the department of\\nhealth.\\n * 3. Notwithstanding any inconsistent provision of law, the department\\nof health shall enter into a cooperative agreement with the office of\\nmental health which shall:\\n (i) provide for the office of mental health, on or after the date of\\nthe agreement, to administer and supervise the medical care, health\\ncare, habilitative, rehabilitative and maintenance services provided\\npursuant to this title at comprehensive psychiatric emergency programs\\nlicensed by the office of mental health pursuant to article thirty-one\\nof the mental hygiene law, and\\n (ii) authorize the office of mental health to perform such\\nadministration and supervision, either directly or by contract, as the\\noffice of mental health may determine to be necessary. On or after the\\neffective date of such agreement, all of the functions provided for in\\nthis title for the administration and supervision of medical care,\\nhealth care, habilitative, rehabilitative and maintenance services\\nprovided at comprehensive psychiatric emergency programs licensed by the\\noffice of mental health pursuant to article thirty-one of the mental\\nhygiene law shall be performed by the office of mental health to the\\nextent permitted by federal law and to the extent that federal\\nreimbursement for such care and services is not impaired. A cooperative\\nagreement previously entered into by the department of social services\\npursuant to this subdivision shall continue in effect until modified or\\nterminated by the department of health.\\n * NB Repealed July 1, 2024\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-B", "title" : "Residential and medical care placement demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364-B", "activeDate" : "2014-09-22", "sequenceNo" : 366, "repealedDate" : null, "fromSection" : "364-B", "toSection" : "364-B", "text" : " * § 364-b. Residential and medical care placement demonstration\\nprojects. 1. Notwithstanding any inconsistent provisions of this\\nchapter or any other law to the contrary, social services districts are\\nhereby authorized to conduct or participate in time-limited\\ndemonstration projects for the purpose of demonstrating the feasibility\\nof reducing medical assistance expenditures for care in residential\\nhealth facilities by utilizing medical assistance funds for: (a)\\nconducting initial assessments of, and performing case management\\nfunctions, for (i) persons financially eligible for medical assistance\\npursuant to this title who request long term care services, and (ii)\\npersons whether or not otherwise financially eligible for medical\\nassistance who seek care in or discharge from a residential health care\\nfacility or a congregate care facility as described in section two\\nhundred nine of this chapter, and (b) providing social services and\\nmedical supplies determined to be necessary and appropriate as a result\\nof assessments conducted pursuant to paragraph (a) hereof, to those\\npersons participating in an approved project who are otherwise eligible\\nto receive medical assistance, whether or not such services or supplies\\nare authorized to be provided under this title; provided, however, that\\nno such additional services or supplies provided hereunder shall be\\nsubject to state reimbursement unless prior approval to provide such\\nservices or supplies to persons eligible for medical assistance has been\\ngranted by the department. Such demonstration projects may be conducted\\nor participated in by a social services district only in accordance with\\na plan submitted to the department on or before the thirtieth day of\\nJune, nineteen hundred seventy-seven, and only to the extent and period\\nfor which such plan has been approved or from time to time extended by\\nthe commissioner.\\n 2. Any plan submitted pursuant to this section shall provide that in\\nany case in which it is determined by an assessment conducted in\\naccordance with such a project that placement in a skilled nursing\\nfacility or an intermediate care facility would be appropriate, such\\nplacement shall be subject to review and approval by the department of\\nhealth provided, however, that the commissioner of health may delegate\\npreplacement assessment review function to such a project. In addition,\\nany plan submitted pursuant to this section shall include a description\\nof any assessment methodology utilized in determining the\\nappropriateness of placements in skilled nursing facilities or\\nintermediate care facilities and any such plan may be approved by the\\ncommissioner only after such methodology has been submitted to the\\ndepartment of health for its review and comment.\\n 3. Notwithstanding any inconsistent provision of law to the contrary,\\nexpenditures made in connection with an approved residential and medical\\ncare placement demonstration project for assessments, case management\\nand social services and medical supplies authorized to be provided by\\nthis title or approved by the department, shall be subject to state\\nreimbursement under section three hundred sixty-eight-a of the social\\nservices law in accordance with a schedule of maximum reimbursable\\namounts established by the department for such services and supplies.\\n 4. Notwithstanding any inconsistent provision of this chapter or any\\nother law to the contrary, the commissioner may, subject to the approval\\nof the director of the budget, approve such demonstration projects and\\napply for the appropriate waivers under federal law and regulation and\\nmay waive: (a) any provision of this title or regulation of the\\ndepartment as may be necessary to make medical assistance funds\\navailable for initial assessment and performing case management\\nfunctions for persons participating in such approved projects without\\nregard to their eligibility to participate in the medical assistance\\nprogram and when appropriate, providing additional approved social\\nservices and medical supplies, not otherwise authorized under this\\ntitle, to persons participating in such approved projects who are\\notherwise eligible to participate in the medical assistance program; and\\n(b) such department regulations relating thereto as may be necessary to\\nenable a social services district to carry out such project.\\n 5. The commissioner shall require that a final independent evaluation\\nbe made of any demonstration project approved and conducted hereunder in\\na form mutually agreed upon by him and the state commissioner of health,\\nand shall provide copies of such report to the governor and to the\\nlegislature. In addition the commissioner shall submit annual interim\\nreports on the progress of each project to the governor and legislature\\nby the first day of February of each year.\\n * NB Expired September 30, 1986\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-C", "title" : "National long term care channeling demonstration project", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364-C", "activeDate" : "2014-09-22", "sequenceNo" : 367, "repealedDate" : null, "fromSection" : "364-C", "toSection" : "364-C", "text" : " * § 364-c. National long term care channeling demonstration project.\\n1. Notwithstanding any inconsistent provisions of this chapter or any\\nother law to the contrary, the Rensselaer county social services\\ndistrict is hereby authorized to participate in the national long term\\ncare channeling demonstration project, for the purposes of\\ndemonstrating: (a) the efficiency and effectiveness of community based\\nlong term care services; (b) the viability of transferring the\\nresponsibility for determining the amount, duration and scope of\\nservices to be provided from the local social services agency to the\\nchanneling agency; and (c) various methods of delivering services,\\nincluding services or supplies not authorized to be provided under this\\ntitle; provided, however, that no such additional services or supplies\\nprovided hereunder shall be subject to state reimbursement unless the\\ndepartment approves provision of such services or supplies to persons\\neligible for medical assistance, and federal financial participation is\\navailable for such additional services or supplies; and provided\\nfurther, that the social services district may only participate in such\\ndemonstration in accordance with a plan submitted to the departments of\\nsocial services and health, and the division of the budget, and only to\\nthe extent and period for which such plan has been approved by those\\ndepartments and division.\\n 2. (a) Notwithstanding any inconsistent provision of law to the\\ncontrary, expenditures made in connection with the national long term\\ncare channeling demonstration project for social and health services and\\nmedical supplies authorized to be provided by this section and approved\\nby the department, shall be subject to state reimbursement under section\\nthree hundred sixty-eight-a of this title in accordance with a schedule\\nof maximum reimbursable amounts approved by the department and the\\ndivision of budget for such services and supplies for the project.\\n (b) Notwithstanding any inconsistent provision of law to the contrary,\\nthe commissioner may authorize the Rensselaer county social services\\ndistrict to pay for services and supplies provided pursuant to the\\ndemonstration project.\\n 3. Notwithstanding any inconsistent provision of this chapter or any\\nother law to the contrary, the commissioner may, subject to the approval\\nof the director of the budget, approve such a demonstration project and\\napply for appropriate waivers under federal law and regulation and may\\nwaive any provision of this title or regulation of the department as may\\nbe necessary to enable the social services district to participate in\\nthe demonstration project, and to make medical assistance funds\\navailable for such project.\\n 4. The commissioner shall provide that a final evaluation be made of\\nthe national long term care channeling demonstration project in\\nRensselaer county approved and conducted hereunder in a form mutually\\nagreed upon by such commissioner, the state commissioner of health, and\\nthe director of the state office for the aging, and shall provide copies\\nof such report to the governor and to the legislature. In addition, the\\ndirector of the state office for the aging shall submit annual interim\\nreports on the progress of the project to the governor and legislature\\nby the first day of February of each year.\\n * NB Expired December 31, 1985\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-D", "title" : "Medical assistance research and demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364-D", "activeDate" : "2014-09-22", "sequenceNo" : 368, "repealedDate" : null, "fromSection" : "364-D", "toSection" : "364-D", "text" : " * § 364-d. Medical assistance research and demonstration projects. 1.\\nThe department is authorized to sponsor, conduct and participate in the\\nfollowing research and demonstration projects: \"Eldercare: A Social\\nHealth Maintenance Organization\", \"New York State Alcoholism Services\\nDemonstration\", and \"Physician Reimbursement and Continuing Care Under\\nMedicaid\", for the purpose of testing the use of innovative\\nadministrative techniques, new reimbursement methods, and changes in the\\nscope of benefits, so as to promote a more efficient utilization of\\nhealth resources and the containment of medical assistance program\\ncosts. Such demonstration projects may be conducted in one or more\\nsocial services districts or portions of such districts.\\n 2. (a) Social services districts shall be required to participate in\\nthe operation of such research and demonstration projects as the\\ndepartment may approve. Social services districts shall cooperate with\\nthe department in the conduct of such projects whenever the department\\nshall request or require such participation or cooperation.\\n (b) Notwithstanding any inconsistent provision of law to the contrary,\\nexpenditures made in connection with any research demonstration project\\nundertaken pursuant to the provisions of this section shall be subject\\nto state reimbursement under section three hundred sixty-eight-a of this\\ntitle.\\n 3. The research and demonstration projects undertaken pursuant to the\\nprovisions of this section shall limit the individuals participating\\nthereunder to those persons with respect to whom the department has\\ndetermined that there is a reasonable expectation that the total cost of\\nbenefits under such project would be less than the total cost of\\nbenefits for such individual if the research and demonstration program\\nwere not in effect.\\n 4. Notwithstanding any inconsistent provision of this chapter or any\\nother law to the contrary, the commissioner may, subject to the approval\\nof the director of the budget, approve any or all of the research and\\ndemonstration projects specified in subdivision one of this section, and\\napply for the appropriate waivers under federal law and regulation, and\\nmay waive any of the provisions of this chapter, when such action would\\nbe likely to assist in promoting the objectives of this title.\\n 5. (a) For each project undertaken pursuant to the provisions of this\\nsection, the department shall submit an interim report and final report\\nto the governor and the legislature. The interim report shall be due\\neighteen months after the date of approval of the project by the\\ndepartment; the final report shall be due at the conclusion of the\\nproject.\\n (b) Such reports shall include a listing of the accomplishments of the\\nresearch and demonstration project, and shall evaluate the progress made\\nin achieving the objectives of the project.\\n 6. This section shall be effective with respect to each such project,\\nother than the \"New York State Alcoholism Services Demonstration\\nProject\", if and as long as, federal participation is available for\\nexpenditures made for such research and demonstration project conducted\\npursuant to the provisions of this section.\\n * NB Expired July 22, 1986 -- Eldercare: A Social Health Maintenance\\nOrganization expired April 9, 2007 per chapter 58 of 2007 Part C § 6.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-E", "title" : "Aid to families with dependent children homemaker/home health aide demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364-E", "activeDate" : "2014-09-22", "sequenceNo" : 369, "repealedDate" : null, "fromSection" : "364-E", "toSection" : "364-E", "text" : " * § 364-e. Aid to families with dependent children homemaker/home\\nhealth aide demonstration projects. 1. Notwithstanding sections three\\nhundred sixty-six and three hundred sixty-eight-a of this chapter, the\\ndepartment shall have the authority to enter into agreements with social\\nservices districts for the purpose of conducting the demonstration\\nproject authorized by section nine hundred sixty-six of the omnibus\\nreconciliation act of nineteen hundred eighty, designed to train and\\nemploy persons eligible for and receiving aid to families with dependent\\nchildren benefits as homemakers or home health aides. Such persons shall\\nprovide authorized services to elderly or disabled individuals, or other\\nindividuals in need of services, to whom such services are not otherwise\\nreasonably and actually available or provided, and who would, without\\nthe availability of such services, be reasonably anticipated to require\\ninstitutional care.\\n 2. Participants in the demonstration project shall be persons who are\\neligible participants as defined in subdivision (b) of section nine\\nhundred sixty-six of P.L. 96-499.\\n 3. For purposes of this section, authorized services include part-time\\nor intermittent:\\n (a) personal care, such as bathing, grooming and toilet care;\\n (b) assisting patients having limited mobility;\\n (c) feeding and diet assistance;\\n (d) home management, housekeeping and shopping;\\n (e) health-oriented recordkeeping; and\\n (f) simple procedures for identifying potential health problems.\\n 4. For the first year during which a person is employed by a project\\nauthorized by this section, such person shall, notwithstanding section\\nthree hundred sixty-six of this chapter, retain any eligibility for\\nmedical assistance under a state plan approved under Title XIX of the\\nSocial Security Act, which such person had at the time he/she entered\\nthe project.\\n 5. Expenditures made for services provided by persons participating in\\nthis demonstration project shall be considered medical assistance\\nexpenditures and shall be reimbursed in accordance with section three\\nhundred sixty-eight-a of this chapter.\\n 6. This section shall be effective if, and as long as, federal\\nfinancial participation is available therefor.\\n * NB Expired June 30, 1986\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-F", "title" : "Primary care case management programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2026-05-29" ], "docLevelId" : "364-F", "activeDate" : "2023-05-12", "sequenceNo" : 370, "repealedDate" : null, "fromSection" : "364-F", "toSection" : "364-F", "text" : " * § 364-f. Primary care case management programs. 1. The department is\\nauthorized to establish primary care case management programs, under the\\nmedical assistance program, in accordance with applicable federal law\\nand regulations. Primary care case management programs shall only be\\nauthorized in areas of the state where comprehensive health services\\nplans, as defined in section forty-four hundred one of the public health\\nlaw, are not yet available. Subject to the approval of the director of\\nthe budget, the commissioner is authorized to apply for the appropriate\\nwaivers under federal law and regulation, and may waive any of the\\nprovisions of sections three hundred sixty-five-a, three hundred\\nsixty-six, three hundred sixty-seven-b, three hundred sixty-eight-a and\\nthree hundred sixty-four-j of this chapter or any regulation of the\\ndepartment when such action would be necessary to assist in promoting\\nthe objectives of this section.\\n 2. (a) A primary care case management program shall provide\\nindividuals eligible for medical assistance with the opportunity to\\nselect a primary care case manager who shall provide medical assistance\\nservices to such eligible individuals, either directly, or through\\nreferral.\\n (b) Primary care case managers shall be limited to qualified, licensed\\nprimary care practitioners, as defined in paragraph (f) of subdivision\\none of section three hundred sixty-four-j of this chapter, who meet\\nstandards established by the commissioner for the purposes of this\\nprogram.\\n (c) Services that may be covered by the primary care case management\\nprogram are defined by the commissioner in the benefit package. Covered\\nservices may include all medical assistance services defined under\\nsection three hundred sixty-five-a of this chapter, except:\\n (i) services excluded under paragraph (e) of subdivision three of\\nsection three hundred sixty-four-j of this chapter shall be excluded\\nunder this section;\\n (ii) services provided by residential health care facilities, long\\nterm home health care programs, child care agencies, and entities\\noffering comprehensive health services plans;\\n (iii) services provided by dentists and optometrists; and\\n (iv) eyeglasses, emergency care, mental health services and family\\nplanning services.\\n (d) Case management services provided by primary care case managers\\nshall include, but need not be limited to:\\n (i) management of the medical and health care of each recipient to\\nassure that all services provided under paragraph (c) of this\\nsubdivision and which are found to be necessary, are made available in a\\ntimely manner;\\n (ii) referral to, and coordination, monitoring and follow-up of,\\nappropriate providers for diagnosis and treatment, the need for which\\nhas been identified by the primary care case manager but which is not\\ndirectly available from the primary care case manager, and assisting\\nmedical assistance recipients in the prudent selection of medical\\nservices;\\n (iii) arrangements for referral of recipients to appropriate\\nproviders; and\\n (iv) all early periodic screening, diagnosis and treatment services,\\nas well as interperiodic screening and referral, to each participant\\nunder the age of twenty-one at regular intervals.\\n 3. (a) Primary care case management programs may be conducted only in\\naccordance with guidelines established by the commissioner. For the\\npurpose of implementing and administering the primary care case\\nmanagement programs, the commissioner may contract with private\\nnot-for-profit and public agencies as defined in guidelines established\\nby the commissioner for the management and administration of the primary\\ncare case management program.\\n (b) The primary care case management program must:\\n (i) assure access to and delivery of high quality, appropriate medical\\nservices;\\n (ii) participate in quality assurance activities as required by the\\ncommissioner, as well as other mechanisms designed to protect recipient\\nrights under such program;\\n (iii) ensure that persons eligible for medical assistance will be\\nprovided sufficient information regarding the program to make an\\ninformed and voluntary choice whether to participate; and\\n (iv) provide for adequate safeguards to protect recipients from being\\nmisled concerning the program and from being coerced into participating\\nin the primary care case management program.\\n 4. (a) Individuals eligible to participate in Medicaid managed care,\\nto participate in Medicaid managed care may participate in a primary\\ncare case management program, subject to the availability of such a\\nprogram within the applicable social services district, except for\\nindividuals: (i) required by Medicaid managed care to be enrolled in an\\nentity offering a comprehensive health services plan as defined in\\nparagraph (k) of subdivision two of section three hundred sixty-five-a\\nof this chapter; (ii) participating in another medical assistance\\nreimbursed demonstration or pilot project, or (iii) receiving services\\nas an inpatient from a nursing home or intermediate care facility or\\nresidential services from a child care agency or services from a long\\nterm home health care program.\\n (b) Individuals choosing to participate in a primary care case\\nmanagement program will be given thirty days from the effective date of\\nenrollment in the program to disenroll without cause. After this thirty\\nday disenrollment period, all individuals participating in the program\\nwill be enrolled for a period of twelve months, except that all\\nparticipants will be permitted to disenroll for good cause, as defined\\nin guidelines established by the commissioner.\\n 5. (a) Primary care case management programs may include provisions\\nfor innovative payment mechanisms, including, but not limited to,\\npayment of case management fees, capitation arrangements, and\\nfee-for-service payments.\\n (b) Any new payment mechanisms and levels of payment implemented under\\nthe primary care case management program shall be developed by the\\ncommissioner subject to the approval of the director of the budget.\\n 6. Notwithstanding any inconsistent provision of this section,\\nparticipation in a primary care case management program will not\\ndiminish the scope of available medical services to which a recipient is\\nentitled.\\n 7. This section shall be effective if, and as long as, federal\\nfinancial participation is available therefor.\\n * NB Expires March 31, 2026\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-G", "title" : "Medical assistance capitation rate demonstration project", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364-G", "activeDate" : "2014-09-22", "sequenceNo" : 371, "repealedDate" : null, "fromSection" : "364-G", "toSection" : "364-G", "text" : " * § 364-g. Medical assistance capitation rate demonstration project.\\n1. The department and the county of Monroe are authorized to participate\\nin the \"Monroe County Medicap Plan\" research and demonstration project,\\nfor the purpose of testing the feasibility of converting from a fee for\\nservice payment system to a capitation payment system as a means of\\nfinancing health care services for medicaid recipients residing in\\nMonroe county.\\n 2. The department shall undertake the research and demonstration\\nproject authorized by this section only if it has determined that there\\nis a reasonable expectation that the total cost of benefits under such\\nproject would be less than the total cost of benefits if the project was\\nnot in effect.\\n 3. Expenditures made in connection with the research and demonstration\\nproject authorized by this section shall be subject to state\\nreimbursement in accordance with a schedule of reimbursable amounts\\napproved by the department, the department of health and the director of\\nthe budget.\\n 4. The department shall, in a manner to be decided upon by the\\ncommissioner, determine what portion of the total expenditures made\\nunder the research and demonstration project authorized by this section\\nare attributable to the provision of the services specified in paragraph\\n(g) of subdivision one of section three hundred sixty-eight-a of this\\ntitle, and shall ensure that the increased state reimbursement available\\nfor such services shall be provided.\\n 5. Notwithstanding any inconsistent provision of this chapter or any\\nother law to the contrary, the commissioner may, subject to the approval\\nof the director of the budget, apply for appropriate waivers of federal\\nlaw and regulation, and shall be authorized to waive any provisions of\\nsections three hundred sixty-six, three hundred sixty-seven-b and three\\nhundred sixty-eight-a of this title and accompanying regulations of the\\ndepartment, consistent with waivers approved by the federal department\\nof health and human services, when such action would be necessary to\\nassist in promoting the objectives of this section; provided, however,\\nthat in the event that the research and demonstration project authorized\\nby this section requires a waiver of article twenty-eight or forty-four\\nof the public health law or accompanying regulations of the department\\nof health, the project shall be conducted jointly with the department of\\nhealth, and the commissioner of health may waive such provisions of the\\npublic health law or department of health regulations with the approval\\nof the commissioner and the director of the budget.\\n 6. Every person eligible for or receiving medical assistance who\\nresides in the county of Monroe shall participate in the demonstration\\nproject authorized by this section except for good cause as defined by\\nthe commissioner in regulation.\\n 7. Notwithstanding any inconsistent provisions of this section,\\nparticipation in the project authorized by this section shall not affect\\na recipient's medical assistance eligibility or the scope of available\\nmedical services to which he or she is entitled.\\n 8. The department and the county of Monroe shall jointly submit to the\\ngovernor and the legislature a long term care capitation implementation\\nplan by March thirty-first, nineteen hundred eighty-five.\\n 9. Providers participating in the research and demonstration project\\nauthorized by this section shall submit reports to the commissioner, at\\nsuch times as he may require, evaluating the results of such project.\\n 10. The department shall submit to the governor and the legislature an\\ninterim report and a final report evaluating the project's impact on\\nmedicaid costs, access to services, quality of services rendered and any\\nother subjects which the commissioner shall deem relevant. The interim\\nreport shall be due January first, nineteen hundred eighty-six and the\\nfinal report shall be due at the conclusion of the project.\\n 11. This section shall be effective if, and as long as, federal\\nfinancial participation is available for expenditures made for the\\nproject conducted pursuant to the provisions of this section.\\n * NB Expired March 31, 1988 per sub 11\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-H", "title" : "Foster family care demonstration programs for elderly or disabled persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04", "2021-07-30", "2025-05-16" ], "docLevelId" : "364-H", "activeDate" : "2021-07-30", "sequenceNo" : 372, "repealedDate" : null, "fromSection" : "364-H", "toSection" : "364-H", "text" : " * § 364-h. Foster family care demonstration programs for elderly or\\ndisabled persons. 1. The department is authorized to designate up to ten\\nentities which may include general hospitals, residential health care\\nfacilities, home health care programs, and long term home health care\\nprograms for the purpose of testing whether foster family care programs\\nfor certain elderly or disabled persons can be appropriate alternatives\\nto institutional placement in those instances where such individuals do\\nnot have a home or the necessary resources or family support to live in\\nthe community.\\n 2. A hospital, facility, or program designated as a foster family care\\ndemonstration program shall perform the following functions:\\n (a) recruitment, selection and training of families to serve as foster\\nfamilies;\\n (b) selection of those elderly or disabled persons who will receive\\nfoster family care services under the demonstration project authorized\\nherein, and assessment of their needs;\\n (c) provision of or arrangement for necessary medical services; and\\n (d) monitoring the care being received by the person in the foster\\nfamily care home, and assessing the continuing viability of placement in\\nsuch home.\\n 3. Persons eligible to participate in the foster family care\\ndemonstration programs authorized by this section shall be:\\n (a) medically eligible for placement in a skilled nursing facility or\\na health related facility or eligible for home care services;\\n (b) capable of being cared for in the community if a suitable home\\nenvironment and medical support services are provided; and\\n (c) lacking the home, resources or family support to live in the\\ncommunity.\\n 4. Families who participate in the foster family care demonstration\\nprogram shall be willing and able to provide:\\n (a) room and board;\\n (b) supervision of or assistance with the activities of daily living;\\nand\\n (c) personal care and other related services which may be necessary to\\nmaintain the person in the community.\\n 5. In designating a hospital, facility, or program to provide a foster\\nfamily care program, the department shall be satisfied as to the\\ncost-effectiveness of the proposal as compared to institutional long\\nterm care.\\n 6. The commissioner may waive the provisions of titles one and two of\\narticle seven of this chapter and regulations of the department relative\\nthereto as necessary to implement the provisions of this section;\\nprovided, however, the commissioner shall be satisfied that the health,\\nsafety and welfare of persons participating in the foster care programs\\nare not affected negatively by such waivers.\\n 7. This section shall not be interpreted to restrict a medical\\nassistance recipient's choice of provider of services to which he is\\nentitled pursuant to this title or to authorize any change in the\\neligibility criteria for medical assistance.\\n 8. A medical assistance recipient may discontinue participation in a\\nfoster family care demonstration program at any time.\\n 9. The department shall utilize all potential sources of funding for\\nsuch foster family care programs including, but not limited to, funding\\navailable through titles sixteen, eighteen, nineteen and twenty of the\\nfederal social security act and the federal older Americans act of 1965,\\nas amended. Services provided as part of a foster family care program\\nand related administrative expenses not otherwise eligible for coverage\\nunder these or other funding sources shall be eligible for reimbursement\\nunder the medical assistance program for the purposes of this\\ndemonstration as long as federal financial participation is available.\\nThe department shall take all steps necessary to secure such funding\\nincluding the submission of applicable waivers. Copies of waiver\\nsubmissions shall be provided to the chairman of the senate finance\\ncommittee and the chairman of the assembly ways and means committee.\\n 10. The department, in consultation with the department of health and\\nthe office for the aging, shall provide an interim report to the\\ngovernor and the legislature on or before November first, nineteen\\nhundred eighty-six and a final report on or before October thirty-one,\\nnineteen hundred ninety-five on the results of the foster family care\\ndemonstration program. The report shall include findings as to the\\nprogram's cost effectiveness including consideration of the costs of\\nmaintaining the person in the community, funding sources, programmatic\\nbenefits and the effect on the need for residential health care facility\\nbeds. In the final report, the department shall offer recommendations as\\nto whether the program should be extended, modified, eliminated or made\\npermanent.\\n 11. Foster family care demonstration programs authorized pursuant to\\nchapter nine hundred forty-two of the laws of nineteen hundred\\neighty-three and chapter five hundred forty-one of the laws of nineteen\\nhundred eighty-four shall comply with the provisions of this section but\\nshall be in addition to the entities designated in subdivision one of\\nthis section. Such previously authorized demonstration projects shall be\\nsubject to the expiration date of this section.\\n * NB Repealed December 31, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-I", "title" : "Medical assistance presumptive eligibility program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09", "2015-05-01", "2026-06-05" ], "docLevelId" : "364-I", "activeDate" : "2015-05-01", "sequenceNo" : 373, "repealedDate" : null, "fromSection" : "364-I", "toSection" : "364-I", "text" : " § 364-i. Medical assistance presumptive eligibility program. 1. An\\nindividual, upon application for medical assistance, shall be presumed\\neligible for such assistance for a period of sixty days from the date of\\ntransfer from a general hospital, as defined in section twenty-eight\\nhundred one of the public health law to a certified home health agency\\nor long term home health care program, as defined in section thirty-six\\nhundred two of the public health law, or to a hospice as defined in\\nsection four thousand two of the public health law, or to a residential\\nhealth care facility as defined in section twenty-eight hundred one of\\nthe public health law, if the local department of social services\\ndetermines that the applicant meets each of the following criteria: (a)\\nthe applicant is receiving acute care in such hospital; (b) a physician\\ncertifies that such applicant no longer requires acute hospital care,\\nbut still requires medical care which can be provided by a certified\\nhome health agency, long term home health care program, hospice or\\nresidential health care facility; (c) the applicant or his\\nrepresentative states that the applicant does not have insurance\\ncoverage for the required medical care and that such care cannot be\\nafforded; (d) it reasonably appears that the applicant is otherwise\\neligible to receive medical assistance; (e) it reasonably appears that\\nthe amount expended by the state and the local social services district\\nfor medical assistance in a certified home health agency, long term home\\nhealth care program, hospice or residential health care facility, during\\nthe period of presumed eligibility, would be less than the amount the\\nstate and the local social services district would expend for continued\\nacute hospital care for such person; and (f) such other determinative\\ncriteria as the commissioner shall provide by rule or regulation. If a\\nperson has been determined to be presumptively eligible for medical\\nassistance, pursuant to this subdivision, and is subsequently determined\\nto be ineligible for such assistance, the commissioner, on behalf of the\\nstate and the local social services district shall have the authority to\\nrecoup from the individual the sums expended for such assistance during\\nthe period of presumed eligibility.\\n 2. Payment for up to sixty days of care for services provided under\\nthe medical assistance program shall be made for an applicant presumed\\neligible for medical assistance pursuant to subdivision one of this\\nsection provided, however, that such payment shall not exceed sixty-five\\npercent of the rate payable under this title for services provided by a\\ncertified home health agency, long term home health care program,\\nhospice or residential health care facility. Notwithstanding any other\\nprovision of law, no federal financial participation shall be claimed\\nfor services provided to a person while presumed eligible for medical\\nassistance under this program until such person has been determined to\\nbe eligible for medical assistance by the local social services\\ndistrict. During the period of presumed medical assistance eligibility,\\npayment for services provided persons presumed eligible under this\\nprogram shall be made from state funds. Upon the final determination of\\neligibility by the local social services district, payment shall be made\\nfor the balance of the cost of such care and services provided to such\\napplicant for such period of eligibility and a retroactive adjustment\\nshall be made by the department to appropriately reflect federal\\nfinancial participation and the local share of costs for the services\\nprovided during the period of presumptive eligibility. Such federal and\\nlocal financial participation shall be the same as that which would have\\noccurred if a final determination of eligibility for medical assistance\\nhad been made prior to the provision of the services provided during the\\nperiod of presumptive eligibility. In instances where an individual who\\nis presumed eligible for medical assistance is subsequently determined\\nto be ineligible, the cost for services provided to such individual\\nshall be reimbursed in accordance with the provisions of section three\\nhundred sixty-eight-a of this article. Provided, however, if upon audit\\nthe department determines that there are subsequent determinations of\\nineligibility for medical assistance in at least fifteen percent of the\\ncases in which presumptive eligibility has been granted in a local\\nsocial services district, payments for services provided to all persons\\npresumed eligible and subsequently determined ineligible for medical\\nassistance shall be divided equally by the state and the district.\\n 3. On or before March thirty-first, nineteen hundred ninety-seven, the\\ndepartment shall submit to the governor and legislature an evaluation of\\nthe program, including the program's effects on access, quality and cost\\nof care, and any recommendations for future modifications to improve the\\nprogram.\\n 4. (a) Notwithstanding any inconsistent provision of law to the\\ncontrary, a child shall be presumed to be eligible for medical\\nassistance under this title beginning on the date that a qualified\\nentity, as defined in paragraph (c) of this subdivision, determine, on\\nthe basis of preliminary information, that the MAGI household income of\\nthe child does not exceed the applicable level for eligibility as\\nprovided for pursuant to subparagraph two or three of paragraph (b) of\\nsubdivision one of section three hundred sixty-six of this title.\\n (b) Such presumptive eligibility shall continue through the earlier of\\nthe day on which eligibility is determined pursuant to this title, or in\\nthe case of a child on whose behalf an application is not filed by the\\nlast day of the month following the month during which the qualified\\nentity makes a preliminary determination, the last day of the month\\nfollowing the month in which the qualified entity makes a determination\\nin paragraph (a) of this subdivision.\\n (c) For the purposes of this subdivision, and consistent with the\\napplicable provisions of section 1920A of the federal social security\\nact, \"qualified entity\" means an entity determined by the department of\\nhealth to be capable of making presumptive eligibility determinations.\\n (d) Notwithstanding any inconsistent provision of law to the contrary,\\ncare, services and supplies, as set forth in section three hundred\\nsixty-five-a of this title, that are furnished to a child during a\\npresumptive eligibility period by an entity that is eligible for\\npayments under this title shall be deemed to be medical assistance for\\npurposes of payment and state and federal reimbursement.\\n (e) Presumptive eligibility pursuant to this subdivision shall be\\nimplemented effective December first, two thousand seven contingent upon\\na determination by the commissioner of health that all necessary systems\\nand processes are in place to enroll children appropriately in\\naccordance with the requirements set forth in this title; provided,\\nhowever, presumptive eligibility pursuant to this subdivision shall be\\nimplemented no later than April first, two thousand eight.\\n 5. Persons in need of treatment for breast, cervical, colon or\\nprostate cancer; presumptive eligibility. (a) An individual shall be\\npresumed to be eligible for medical assistance under this title\\nbeginning on the date that a qualified entity, as defined in paragraph\\n(c) of this subdivision, determines, on the basis of preliminary\\ninformation, that the individual meets the requirements of paragraph (d)\\nor (e) of subdivision four of section three hundred sixty-six of this\\ntitle.\\n (b) Such presumptive eligibility shall continue through the earlier of\\nthe day on which a determination is made with respect to the eligibility\\nof such individual for services, or in the case of such an individual\\nwho does not file an application by the last day of the month following\\nthe month during which the qualified entity makes the determination of\\npresumptive eligibility, such last day.\\n (c) For the purposes of this subdivision, \"qualified entity\" means an\\nentity that provides medical assistance approved under this title, and\\nis determined by the department of health to be capable of making\\ndeterminations of presumptive eligibility under this subdivision.\\n (d) Care, services and supplies, as set forth in section three hundred\\nsixty-five-a of this title, that are furnished to an individual during a\\npresumptive eligibility period under this subdivision by an entity that\\nis eligible for payments under this title shall be deemed to be medical\\nassistance for purposes of payment and state reimbursement.\\n 6. (a) A pregnant woman shall be presumed to be eligible for medical\\nassistance under this title, excluding inpatient services and\\ninstitutional long term care, beginning on the date that a prenatal care\\nprovider, licensed under article twenty-eight of the public health law\\nor other prenatal care provider approved by the department of health\\ndetermines, on the basis of preliminary information, that the pregnant\\nwoman's MAGI household income does not exceed the MAGI-equivalent of two\\nhundred percent of the federal poverty line for the applicable family\\nsize.\\n (a-2) At the time of application for presumptive eligibility pursuant\\nto this subdivision, a pregnant woman who resides in a social services\\ndistrict that has implemented the state's managed care program pursuant\\nto section three hundred sixty-four-j of this title must choose a\\nmanaged care provider. If a managed care provider is not chosen at the\\ntime of application, the pregnant woman will be assigned to a managed\\ncare provider in accordance with subparagraphs (ii), (iii), (iv) and (v)\\nof paragraph (f) of subdivision four of section three hundred\\nsixty-four-j of this title.\\n (b) Such presumptive eligibility shall continue through the earlier\\nof: the day on which eligibility is determined pursuant to this title;\\nor the last day of the month following the month in which the provider\\nmakes preliminary determination, in the case of a pregnant woman who\\ndoes not file an application for medical assistance on or before such\\nday.\\n (c) The department of health shall provide prenatal care providers\\nlicensed under article twenty-eight of the public health law and other\\napproved prenatal care providers with such forms as are necessary for a\\npregnant woman to apply and information on how to assist such women in\\ncompleting and filing such forms. A qualified provider which determines\\nthat a pregnant woman is presumptively eligible shall notify the social\\nservices district in which the pregnant woman resides of the\\ndetermination within five working days after the date on which such\\ndetermination is made and shall inform the woman at the time the\\ndetermination is made that she is required to make application by the\\nlast day of the month following the month in which the determination is\\nmade.\\n (d) Notwithstanding any other provision of law, care that is furnished\\nto a pregnant woman pursuant to this subdivision during a presumptive\\neligibility period shall be deemed as medical assistance for purposes of\\npayment and state reimbursement.\\n (e) Facilities licensed under article twenty-eight of the public\\nhealth law providing prenatal care services shall perform presumptive\\neligibility determinations and assist women in submitting appropriate\\ndocumentation to the social services district as required by the\\ncommissioner; provided, however, that a facility may apply to the\\ncommissioner for exemption from this requirement on the basis of undue\\nhardship.\\n (f) All prenatal care providers enrolled in the medicaid program must\\nprovide prenatal care services to eligible service recipients determined\\npresumptively eligible for medical assistance but not yet enrolled in\\nthe medical assistance program, and assist women in submitting\\nappropriate documentation to the social services district as required by\\nthe commissioner.\\n 7. Notwithstanding any other section of law, where care, services, or\\nsupplies are received prior to the date an individual is determined\\neligible for assistance under this title, medical assistance\\nreimbursement, regardless of funding source, shall be available for such\\ncare, services, or supplies only (a) if the care, services, or supplies\\nare received during the three month period preceding the month of\\napplication for medical assistance and the recipient is determined to\\nhave been eligible in the month in which the care, service, or supply\\nwas received, or (b) if provided during a period of presumptive\\neligibility pursuant to this section.\\n 8. (a) The following individuals shall be presumed to be eligible for\\nmedical assistance under this title beginning on the date that a\\nqualified hospital, as defined in paragraph (b) of this subdivision,\\ndetermines, on the basis of preliminary information, that:\\n (1) a child has MAGI household income that does not exceed the\\napplicable level for eligibility as provided for pursuant to\\nsubparagraph two or three of paragraph (b) of subdivision one of section\\nthree hundred sixty-six of this title;\\n (2) a pregnant woman has MAGI household income that does not exceed\\nthe MAGI-equivalent of two hundred percent of the federal poverty line\\nfor the applicable family size;\\n (3) a parent or caretaker relative has MAGI household income that does\\nnot exceed the MAGI-equivalent of one hundred thirty percent of the\\nhighest amount that ordinarily would have been paid to a person without\\nany income or resources under the family assistance program as it\\nexisted on the first day of November, nineteen hundred ninety-seven, or\\nhas net available income, including available support from responsible\\nrelatives, that does not exceed the amounts set forth in paragraph (a)\\nof subdivision two of section three hundred sixty-six of this title;\\n (4) an individual in need of treatment of breast, cervical, colon, or\\nprostate cancer meets the requirements of paragraph (d) or (e) of\\nsubdivision four of section three hundred sixty-six of this title;\\n (5) an individual age nineteen or older and under age sixty-five meets\\nthe requirements of subparagraph one of paragraph (b) of subdivision one\\nof section three hundred sixty-six of this title;\\n (6) an individual under twenty-six years of age meets the requirements\\nof subparagraph nine of paragraph (c) of subdivision one of section\\nthree hundred sixty-six of this title; and\\n (7) an individual has income that does not exceed the MAGI-equivalent\\nof two hundred percent of the federal poverty line for the applicable\\nfamily size, and the individual meets the requirements of subparagraph\\nsix of paragraph (b) of subdivision one of section three hundred\\nsixty-six of this title; coverage pursuant to this subparagraph shall be\\nlimited to family planning services reimbursed by the federal government\\nat a rate of ninety percent.\\n (b) For the purposes of this subdivision, \"qualified hospital\" means a\\nhospital that:\\n (1) is licensed as a general hospital under article twenty-eight of\\nthe public health law;\\n (2) is enrolled as a provider in the program of medical assistance\\nunder this title;\\n (3) has notified the department of health of its election to make\\npresumptive eligibility determinations under this subdivision, and\\nagrees to make such determinations in accordance with policies and\\nprocedures established by the department;\\n (4) has been designated by the department of health as a certified\\napplication counselor to provide information to individuals concerning\\nqualified health plans offered through a health insurance exchange and\\nother insurance affordability programs, assist individuals to apply for\\ncoverage through a qualified health plan or insurance affordability\\nprogram, and help facilitate the enrollment of eligible individuals in\\nsuch plans or programs; and\\n (5) has not been disqualified by the department of health pursuant to\\nparagraph (c) of this subdivision.\\n (c) The department of health may disqualify a hospital as a qualified\\nhospital if the department determines that the hospital is not:\\n (1) making, or is not capable of making, presumptive eligibility\\ndeterminations in accordance with the policies and procedures\\nestablished by the department; or\\n (2) meeting such standards as may be established by the department\\nwith respect to the proportion of individuals determined presumptively\\neligible by the hospital who are found by the medical assistance program\\nto be eligible for ongoing medical assistance after the end of the\\npresumptive eligibility period.\\n (d) Care, services and supplies, as set forth in section three hundred\\nsixty-five-a of this title, that are furnished to an individual during a\\npresumptive eligibility period under this subdivision by an entity that\\nis eligible for payments under this title shall be deemed to be medical\\nassistance for purposes of payment and state reimbursement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-J", "title" : "Managed care programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-04-22", "2016-07-01", "2017-04-28", "2018-04-20", "2019-04-19", "2019-11-15", "2019-12-20", "2020-04-17", "2020-12-04", "2021-04-23", "2021-06-04", "2021-06-18", "2021-12-24", "2022-04-01", "2022-04-22", "2022-07-29", "2023-01-06", "2023-03-03", "2023-03-10", "2023-03-31", "2023-05-12", "2024-01-05", "2024-04-26", "2024-05-03", "2024-12-27", "2025-02-21", "2025-05-16", "2026-05-29", "2026-06-05" ], "docLevelId" : "364-J", "activeDate" : "2023-05-12", "sequenceNo" : 374, "repealedDate" : null, "fromSection" : "364-J", "toSection" : "364-J", "text" : " * § 364-j. Managed care programs. 1. Definitions. As used in this\\nsection, unless the context clearly requires otherwise, the following\\nterms shall mean:\\n (a) \"Participant\". A medical assistance recipient who receives, is\\nrequired to receive or elects to receive his or her medical assistance\\nservices from a managed care provider.\\n (b) \"Managed care provider\". An entity that provides or arranges for\\nthe provision of medical assistance services and supplies to\\nparticipants directly or indirectly (including by referral), including\\ncase management; and:\\n (i) is authorized to operate under article forty-four of the public\\nhealth law or article forty-three of the insurance law and provides or\\narranges, directly or indirectly (including by referral) for covered\\ncomprehensive health services on a full capitation basis, including a\\nspecial needs managed care plan or comprehensive HIV special needs plan;\\nor\\n ** (ii) is authorized as a partially capitated program pursuant to\\nsection three hundred sixty-four-f of this title or section forty-four\\nhundred three-e of the public health law or section 1915b of the social\\nsecurity act; or\\n ** NB Effective until December 31, 2025\\n ** (ii) is authorized as a partially capitated program pursuant to\\nsection three hundred sixty-four-f of this title or section forty-four\\nhundred three-e of the public health law or section 1915b of the social\\nsecurity act.\\n ** NB Effective December 31, 2025\\n ** (iii) is authorized to operate under section forty-four hundred\\nthree-g of the public health law.\\n ** NB Repealed December 31, 2025\\n (c) \"Managed care program\". A statewide program in which medical\\nassistance recipients enroll on a voluntary or mandatory basis to\\nreceive medical assistance services, including case management, directly\\nand indirectly (including by referral) from a managed care provider,\\nincluding as applicable, a special needs managed care plan or a\\ncomprehensive HIV special needs plan, under this section.\\n (d) \"Medical services provider\". A physician, nurse, nurse\\npractitioner, physician assistant, licensed midwife, dentist,\\noptometrist or other licensed health care practitioner authorized to\\nprovide medical assistance services.\\n (e) \"Center of excellence.\" A health care facility certified to\\noperate under article twenty-eight of the public health law that offers\\nspecialized treatment expertise in HIV care services as defined by the\\ncommissioner of health.\\n (f) \"Primary care practitioner\". A physician or nurse practitioner\\nproviding primary care to and management of the medical and health care\\nservices of a participant served by a managed care provider.\\n (g) \"AIDS\". AIDS shall have the same meaning as in article\\ntwenty-seven-f of the public health law.\\n (h) \"HIV infection\". HIV infection shall have the same meaning as in\\narticle twenty-seven-f of the public health law.\\n (i) \"HIV-related illness\". HIV-related illness shall have the same\\nmeaning as in article twenty-seven-f of the public health law.\\n (j) \"Specialty care center\". A \"specialty care center\" shall mean only\\nsuch centers as are accredited or designated by an agency of the state\\nor federal government or by a voluntary national health organization as\\nhaving special expertise in treating the disease or condition for which\\nit is accredited or designated.\\n (k) \"Special care\". Care, services and supplies relating to the\\ntreatment of mental illness, developmental disabilities, alcoholism,\\nalcohol abuse or substance abuse, or HIV infection/AIDS.\\n (l) \"Responsible special care agency\". Whichever of the following\\nstate agencies has responsibility for the special care in question: the\\ndepartment of health, the office of mental health, the office for people\\nwith developmental disabilities, or the office of alcoholism and\\nsubstance abuse services.\\n (m) \"Special needs managed care plan\" shall have the same meaning as\\nin section forty-four hundred one of the public health law.\\n (n) \"Comprehensive HIV special needs plan\" shall have the same meaning\\nas in section forty-four hundred three-c of the public health law.\\n (o) \"Third-party payor\". Any entity or program that is or may be\\nliable to pay the costs of health and medical care of a recipient of\\nmedical assistance benefits, including insurers licensed pursuant to\\narticle thirty-two or forty-three of the insurance law, or organizations\\ncertified pursuant to article forty-four of the public health law.\\n (p) \"Grievance\". Any complaint presented by a participant or a\\nparticipant's representative for resolution through the grievance\\nprocess of a managed care provider.\\n (q) \"Emergency medical condition\". A medical or behavioral condition,\\nthe onset of which is sudden, that manifests itself by symptoms of\\nsufficient severity, including severe pain, that a prudent layperson,\\nwho possesses an average knowledge of medicine and health, could\\nreasonably expect the absence of immediate medical attention to result\\nin: (i) placing the health of the person afflicted with such condition\\nin serious jeopardy, or in the case of a behavioral condition placing\\nthe health of the person or others in serious jeopardy; or (ii) serious\\nimpairment to such person's bodily functions; or (iii) serious\\ndysfunction of any bodily organ or part of such person; or (iv) serious\\ndisfigurement of such person.\\n (r) \"Emergency care\". Health care procedures, treatments or services,\\nincluding psychiatric stabilization and medical detoxification from\\ndrugs or alcohol, that are provided for an emergency medical condition.\\n (s) \"Existing rates\". The rates paid pursuant to the most recent\\nexecuted contract between a local social services district or the state\\nand a managed care provider.\\n (t) \"Managed care rating regions\". The regions established by the\\ndepartment of health for the purpose of setting regional premium rates\\nfor managed care providers.\\n (u) \"Premium group\". The various demographic, gender and recipient\\ncategories utilized for rate-setting purposes by the department of\\nhealth.\\n (v) \"Upper payment limit\". The maximum reimbursement that the\\ndepartment of health may pay a managed care provider for providing or\\narranging for medical services to participants in a managed care program\\nin accordance with the federal social security act and regulations\\npromulgated thereunder.\\n (x) \"Persons with serious mental illness\". Individuals who meet\\ncriteria established by the commissioner of mental health, which shall\\ninclude persons who have a designated diagnosis of mental illness under\\nthe most recent edition of the diagnostic and statistical manual of\\nmental disorders, and (i) whose severity and duration of mental illness\\nresults in substantial functional disability or (ii) who require mental\\nhealth services on more than an incidental basis.\\n (y) \"Children and adolescents with serious emotional disturbances\".\\nIndividuals under eighteen years of age who meet criteria established by\\nthe commissioner of mental health, which shall include children and\\nadolescents who have a designated diagnosis of mental illness under the\\nmost recent edition of the diagnostic and statistical manual of mental\\ndisorders, and (i) whose severity and duration of mental illness results\\nin substantial functional disability or (ii) who require mental health\\nservices on more than an incidental basis.\\n (z) \"Credentialed alcoholism and substance abuse counselor (CASAC)\".\\nAn individual credentialed by the office of alcoholism and substance\\nabuse services in accordance with applicable regulations of the\\ncommissioner of alcoholism and substance abuse services.\\n 2. (a) The commissioner of health, in cooperation with the\\ncommissioner and the commissioners of the responsible special care\\nagencies shall establish managed care programs, under the medical\\nassistance program, in accordance with applicable federal law and\\nregulations. The commissioner of health, in cooperation with the\\ncommissioner, is authorized and directed, subject to the approval of the\\ndirector of the state division of the budget, to apply for federal\\nwaivers when such action would be necessary to assist in promoting the\\nobjectives of this section.\\n (b) The commissioner of health has authority to allow social services\\ndistricts to seek an exemption from this section for up to two years if\\nthe social services district can demonstrate and the commissioner of\\nhealth and the commissioner of responsible special care agencies concurs\\nthat the district has insufficient capacity to participate in the\\nprogram. An exemption under this paragraph may be renewed for additional\\ntwo year periods.\\n (c) The commissioner of health, jointly with the commissioner of\\nmental health and the commissioner of alcoholism and substance abuse\\nservices shall be authorized to establish special needs managed care\\nplans, under the medical assistance program, in accordance with\\napplicable federal law and regulations. The commissioner of health, in\\ncooperation with such commissioners, is authorized, subject to the\\napproval of the director of the division of the budget, to apply for\\nfederal waivers when such action would be necessary to assist in\\npromoting the objectives of this section. With regard to such special\\nneeds managed care plans, in addition to the applicable requirements\\nestablished in this section, such commissioners shall jointly establish\\nstandards and requirements to:\\n (i) ensure that any special needs managed care plan shall have an\\nadequate network of providers to meet the behavioral health and health\\nneeds of enrollees, and shall review the adequacy prior to approval of\\nany special needs managed care plan, and upon contract renewal or\\nexpansion. To the extent that the network has been determined to meet\\nstandards set forth in subdivision five of section four thousand four\\nhundred three of the public health law, such network shall be deemed\\nadequate;\\n (ii) ensure that any special needs managed care plan shall make level\\nof care and coverage determinations utilizing evidence-based tools or\\nguidelines designed to address the behavioral health needs of enrollees;\\n (iii) ensure sufficient access to behavioral health and health\\nservices for eligible enrollees by establishing and monitoring\\npenetration rates of special needs managed care plans; and\\n (iv) establish standards to encourage the use of services, products\\nand care recommended, ordered or prescribed by a provider to\\nsufficiently address the behavioral health and health services needs of\\nenrollees; and monitor the application of such standards to ensure that\\nthey sufficiently address the behavioral health and health services\\nneeds of enrollees.\\n (d) Whenever the commissioner of health makes changes to the terms,\\nconditions or time frames contained in the model contract that serves as\\nthe basis for contracts with managed care providers in the managed care\\nprogram under this section, the changes shall be posted on the\\ndepartment's website. The department shall post on its website any\\nchanges required to be submitted to the centers for medicare and\\nmedicaid services (CMS) for approval prior to submission of the changes.\\nA summary of any changes shall also be published in the state register.\\nA notification of any request for proposals issued by the department for\\nmanaged care providers to participate in the managed care program shall\\nalso be published in the state register.\\n 3. (a) Every person eligible for or receiving medical assistance under\\nthis article, who resides in a social services district providing\\nmedical assistance, which has implemented the state's managed care\\nprogram shall participate in the program authorized by this section.\\nProvided, however, that participation in a comprehensive HIV special\\nneeds plan also shall be in accordance with article forty-four of the\\npublic health law and participation in a special needs managed care plan\\nshall also be in accordance with article forty-four of the public health\\nlaw and article thirty-one of the mental hygiene law.\\n (d) Until such time as program features and reimbursement rates are\\napproved by the commissioner of health, in consultation with the\\ncommissioners of the office of mental health, the office for people with\\ndevelopmental disabilities, the office of children and family services,\\nand the office of alcoholism and substance abuse services, as\\nappropriate, the following services shall not be provided to medical\\nassistance recipients through managed care programs established pursuant\\nto this section, and shall continue to be provided outside of managed\\ncare programs and in accordance with applicable reimbursement\\nmethodologies; provided, however, that no medical assistance recipient\\nshall be required to obtain services that are certified, funded,\\nauthorized or approved by the commissioner of the office for people with\\ndevelopmental disabilities through a managed care program until the\\nprogram features approved by the commissioner of health, in consultation\\nwith the commissioner of the office for people with developmental\\ndisabilities, include features for habilitation services as defined in\\nparagraph c of subdivision one of section forty-four hundred three-g of\\nthe public health law:\\n (i) day treatment services provided to individuals with developmental\\ndisabilities;\\n (ii) comprehensive medicaid case management services provided to\\nindividuals with developmental disabilities;\\n (iii) services provided pursuant to article eighty-nine of the\\neducation law;\\n (iv) mental health services provided by a certified voluntary\\nfree-standing day treatment program where such services are provided in\\nconjunction with educational services authorized in an individualized\\neducation program in accordance with regulations promulgated pursuant to\\narticle eighty-nine of the education law;\\n (v) long term services as determined by the commissioner of the office\\nfor people with developmental disabilities, provided to individuals with\\ndevelopmental disabilities at facilities licensed pursuant to article\\nsixteen of the mental hygiene law or clinics serving individuals with\\ndevelopmental disabilities at facilities licensed pursuant to article\\ntwenty-eight of the public health law;\\n (vi) TB directly observed therapy;\\n (vii) AIDS adult day health care;\\n (viii) HIV COBRA case management; and\\n (ix) other services as determined by the commissioner of health.\\n (d-1) Services provided pursuant to title two-A of article twenty-five\\nof the public health law shall not be provided to medical assistance\\nrecipients through managed care programs established pursuant to this\\nsection, and shall continue to be provided outside of managed care\\nprograms and in accordance with applicable reimbursement methodologies.\\n (d-2) Services provided pursuant to waivers, granted pursuant to\\nsubsection (c) of section 1915 of the federal social security act, to\\npersons suffering from traumatic brain injuries or qualifying for\\nnursing home diversion and transition services, shall not be provided to\\nmedical assistance recipients through managed care programs until at\\nleast January first, two thousand twenty-six.\\n ** (d-3) Services provided in school-based health centers shall not be\\nprovided to medical assistance recipients through managed care programs\\nestablished pursuant to this section until at least April first, two\\nthousand twenty-three, and shall continue to be provided outside of\\nmanaged care programs.\\n ** NB Repealed April 1, 2023\\n (e) The following categories of individuals may be required to enroll\\nwith a managed care program when program features and reimbursement\\nrates are approved by the commissioner of health and, as appropriate,\\nthe commissioners of the office of mental health, the office for people\\nwith developmental disabilities, the office of children and family\\nservices, and the office of alcoholism and substance abuse services:\\n (i) an individual dually eligible for medical assistance and benefits\\nunder the federal Medicare program; provided, however, nothing herein\\nshall: (a) require an individual enrolled in a managed long term care\\nplan, pursuant to section forty-four hundred three-f of the public\\nhealth law, to disenroll from such program; or (b) make enrollment in a\\nMedicare managed care plan a condition of the individual's participation\\nin the managed care program pursuant to this section, or affect the\\nindividual's entitlement to payment of applicable Medicare managed care\\nor fee for service coinsurance and deductibles by the individual's\\nmanaged care provider.\\n (ii) an individual eligible for supplemental security income;\\n (iii) HIV positive individuals;\\n (iv) persons with serious mental illness and children and adolescents\\nwith serious emotional disturbances, as defined in section forty-four\\nhundred one of the public health law;\\n (v) a person receiving services provided by a residential alcohol or\\nsubstance abuse program or facility for the developmentally disabled;\\n (vi) a person receiving services provided by an intermediate care\\nfacility for the developmentally disabled or who has characteristics and\\nneeds similar to such persons;\\n (vii) a person with a developmental or physical disability who\\nreceives home and community-based services or care-at-home services\\nthrough a demonstration waiver under section eleven hundred fifteen of\\nthe federal social security act, existing waivers under section nineteen\\nhundred fifteen (c) of the federal social security act, or who has\\ncharacteristics and needs similar to such persons;\\n (viii) a person who is eligible for medical assistance pursuant to\\nsubparagraph twelve or subparagraph thirteen of paragraph (a) of\\nsubdivision one of section three hundred sixty-six of this title;\\n (ix) a person receiving services provided by a long term home health\\ncare program, or a person receiving inpatient services in a\\nstate-operated psychiatric facility or a residential treatment facility\\nfor children and youth;\\n (x) certified blind or disabled children living or expected to be\\nliving separate and apart from the parent for thirty days or more;\\n (xi) residents of nursing facilities;\\n (xii) a foster child in the placement of a voluntary agency or in the\\ndirect care of the local social services district;\\n (xiii) a person or family that is homeless;\\n (xiv) individuals for whom a managed care provider is not\\ngeographically accessible so as to reasonably provide services to the\\nperson. A managed care provider is not geographically accessible if the\\nperson cannot access the provider's services in a timely fashion due to\\ndistance or travel time;\\n (xv) a person eligible for Medicare participating in a capitated\\ndemonstration program for long term care;\\n (xvi) an infant living with an incarcerated mother in a state or local\\ncorrectional facility as defined in section two of the correction law;\\n (xvii) a person who is expected to be eligible for medical assistance\\nfor less than six months;\\n (xviii) a person who is eligible for medical assistance benefits only\\nwith respect to tuberculosis-related services;\\n (xix) individuals receiving hospice services at time of enrollment;\\nprovided, however, that this clause shall not be construed to require an\\nindividual enrolled in a managed long term care plan or another care\\ncoordination model, who subsequently elects hospice, to disenroll from\\nsuch program;\\n (xx) a person who has primary medical or health care coverage\\navailable from or under a third-party payor which may be maintained by\\npayment, or part payment, of the premium or cost sharing amounts, when\\npayment of such premium or cost sharing amounts would be cost-effective,\\nas determined by the local social services district;\\n (xxi) a person receiving family planning services pursuant to\\nsubparagraph six of paragraph (b) of subdivision one of section three\\nhundred sixty-six of this title;\\n (xxii) a person who is eligible for medical assistance pursuant to\\nparagraph (d) of subdivision four of section three hundred sixty-six of\\nthis title;\\n (xxiii) individuals with a chronic medical condition who are being\\ntreated by a specialist physician that is not associated with a managed\\ncare provider in the individual's social services district; and\\n (xxiv) Native Americans.\\n 4. The managed care program shall provide participants access to\\ncomprehensive and coordinated health care delivered in a cost effective\\nmanner consistent with the following provisions:\\n (a) (i) a managed care provider shall arrange for access to and\\nenrollment of primary care practitioners and other medical services\\nproviders. Each managed care provider shall possess the expertise and\\nsufficient resources to assure the delivery of quality medical care to\\nparticipants in an appropriate and timely manner and may include\\nphysicians, nurse practitioners, county health departments, providers of\\ncomprehensive health service plans licensed pursuant to article\\nforty-four of the public health law, and hospitals and diagnostic and\\ntreatment centers licensed pursuant to article twenty-eight of the\\npublic health law or otherwise authorized by law to offer comprehensive\\nhealth services or facilities licensed pursuant to articles sixteen,\\nthirty-one and thirty-two of the mental hygiene law.\\n (ii) provided, however, if a major public hospital, as defined in the\\npublic health law, is designated by the commissioner of health as a\\nmanaged care provider in a social services district the commissioner of\\nhealth shall designate at least one other managed care provider which is\\nnot a major public hospital or facility operated by a major public\\nhospital; and\\n (iii) under a managed care program, not all managed care providers\\nmust be required to provide the same set of medical assistance services.\\nThe managed care program shall establish procedures through which\\nparticipants will be assured access to all medical assistance services\\nto which they are otherwise entitled, other than through the managed\\ncare provider, where:\\n (A) the service is not reasonably available directly or indirectly\\nfrom the managed care provider,\\n (B) it is necessary because of emergency or geographic unavailability,\\nor\\n (C) the services provided are family planning services; or\\n (D) the services are dental services and are provided by a diagnostic\\nand treatment center licensed under article twenty-eight of the public\\nhealth law which is affiliated with an academic dental center and which\\nhas been granted an operating certificate pursuant to article\\ntwenty-eight of the public health law to provide such dental services.\\nAny diagnostic and treatment center providing dental services pursuant\\nto this clause shall prior to June first of each year report to the\\ngovernor, temporary president of the senate and speaker of the assembly\\non the following: the total number of visits made by medical assistance\\nrecipients during the immediately preceding calendar year; the number of\\nvisits made by medical assistance recipients during the immediately\\npreceding calendar year by recipients who were enrolled in managed care\\nprograms; the number of visits made by medical assistance recipients\\nduring the immediately preceding calendar year by recipients who were\\nenrolled in managed care programs that provide dental benefits as a\\ncovered service; and the number of visits made by the uninsured during\\nthe immediately preceding calendar year; or\\n (E) the services are optometric services, as defined in article one\\nhundred forty-three of the education law, and are provided by a\\ndiagnostic and treatment center licensed under article twenty-eight of\\nthe public health law which is affiliated with the college of optometry\\nof the state university of New York and which has been granted an\\noperating certificate pursuant to article twenty-eight of the public\\nhealth law to provide such optometric services. Any diagnostic and\\ntreatment center providing optometric services pursuant to this clause\\nshall prior to June first of each year report to the governor, temporary\\npresident of the senate and speaker of the assembly on the following:\\nthe total number of visits made by medical assistance recipients during\\nthe immediately preceding calendar year; the number of visits made by\\nmedical assistance recipients during the immediately preceding calendar\\nyear by recipients who were enrolled in managed care programs; the\\nnumber of visits made by medical assistance recipients during the\\nimmediately preceding calendar year by recipients who were enrolled in\\nmanaged care programs that provide optometric benefits as a covered\\nservice; and the number of visits made by the uninsured during the\\nimmediately preceding calendar year; or\\n (E-1) the services are vision care services rendered to a student at a\\nschool based health center approved by the commissioner pursuant to this\\nclause. The commissioner may approve up to five pilot programs at school\\nbased health centers in partnership with a charitable foundation that\\nagrees to provide free of charge eyeglass frames and lenses at the\\ncenters pursuant to a memorandum of agreement approved by the\\ncommissioner. The commissioner may approve the rate for such vision care\\nservices at the rate for such services when provided by a federally\\nqualified health center or when provided by another entity licensed\\npursuant to article twenty-eight of the public health law and eligible\\nfor the ambulatory patient group rate approved for vision care services\\nby the commissioner; or\\n (F) other services as defined by the commissioner of health.\\n (b) Participants shall select a managed care provider from among those\\ndesignated under the managed care program, provided, however, a\\nparticipant shall be provided with a choice of no less than two managed\\ncare providers. Notwithstanding the foregoing, a local social services\\ndistrict designated a rural area as defined in 42 U.S.C. 1395ww may\\nlimit a participant to one managed care provider, if the commissioner\\nand the local social services district find that only one managed care\\nprovider is available. A managed care provider in a rural area shall\\noffer a participant a choice of at least three primary care\\npractitioners and permit the individual to obtain a service or seek a\\nprovider outside of the managed care network where such service or\\nprovider is not available from within the managed care provider network.\\n (c) Participants shall select a primary care practitioner from among\\nthose designated by the managed care provider. In all districts,\\nparticipants shall be provided with a choice of no less than three\\nprimary care practitioners. In the event that a participant does not\\nselect a primary care practitioner, the participant's managed care\\nprovider shall select a primary care practitioner for the participant,\\ntaking into account geographic accessibility.\\n (d) For all other medical services, except as provided in paragraph\\n(c) of this subdivision, if a sufficient number of medical service\\nproviders are available, a choice shall be offered.\\n (e) (i) In any social services district which has not implemented a\\nmandatory managed care program pursuant to this section, the\\ncommissioner of health shall establish marketing and enrollment\\nguidelines, including but not limited to regulations governing\\nface-to-face marketing and enrollment encounters between managed care\\nproviders and recipients of medical assistance and locations for such\\nencounters. Such regulations shall prohibit, at a minimum, telephone\\ncold-calling and door-to-door solicitation at the homes of medical\\nassistance recipients. The regulations shall also require the\\ncommissioner of health to approve any local district marketing\\nguidelines. Managed care providers shall be permitted to assist\\nparticipants in completion of enrollment forms at approved health care\\nprovider sites and other approved locations. In no case may an emergency\\nroom be deemed an approved location. Upon enrollment, participants will\\nsign an attestation that: they have been informed that managed care is a\\nvoluntary program; participants have a choice of managed care providers;\\nparticipants have a choice of primary care practitioners; and\\nparticipants must exclusively use their primary care practitioner and\\nplan providers except as otherwise provided in this section including\\nbut not limited to the exceptions listed in subparagraph (iii) of\\nparagraph (a) of this subdivision. Managed care providers must submit\\nenrollment forms to the local department of social services. The local\\ndepartment of social services will provide or arrange for an audit of\\nmanaged care provider enrollment forms; including telephone contacts to\\ndetermine if participants were provided with the information required by\\nthis subparagraph. The commissioner of health may suspend or curtail\\nenrollment or impose sanctions for failure to appropriately notify\\nclients as required in this subparagraph.\\n (ii) In any social services district which has implemented a mandatory\\nmanaged care program pursuant to this section, the requirements of this\\nsubparagraph shall apply to the extent consistent with federal law and\\nregulations. The department of health, may contract with one or more\\nindependent organizations to provide enrollment counseling and\\nenrollment services, for participants required to enroll in managed care\\nprograms, for each social services district requesting the services of\\nan enrollment broker. To select such organizations, the department of\\nhealth shall issue a request for proposals (RFP), shall evaluate\\nproposals submitted in response to such RFP and, pursuant to such RFP,\\nshall award a contract to one or more qualified and responsive\\norganizations. Such organizations shall not be owned, operated, or\\ncontrolled by any governmental agency, managed care provider, or medical\\nservices provider.\\n (iii) Such independent organizations shall develop enrollment guides\\nfor participants which shall be approved by the department of health\\nprior to distribution.\\n (iv) Local social services districts or enrollment organizations\\nthrough their enrollment counselors shall provide participants with the\\nopportunity for face to face counseling including individual counseling\\nupon request of the participant. Local social services districts or\\nenrollment organizations through their enrollment counselors shall also\\nprovide participants with information in a culturally and linguistically\\nappropriate and understandable manner, in light of the participant's\\nneeds, circumstances and language proficiency, sufficient to enable the\\nparticipant to make an informed selection of a managed care provider.\\nSuch information shall include, but shall not be limited to: how to\\naccess care within the program; a description of the medical assistance\\nservices that can be obtained other than through a managed care\\nprovider; the available managed care providers and the scope of services\\ncovered by each; a listing of the medical services providers associated\\nwith each managed care provider; the participants' rights within the\\nmanaged care program; and how to exercise such rights. Enrollment\\ncounselors shall inquire into each participant's existing relationships\\nwith medical services providers and explain whether and how such\\nrelationships may be maintained within the managed care program. For\\nenrollments made during face to face counseling, if the participant has\\na preference for particular medical services providers, enrollment\\ncounselors shall verify with the medical services providers that such\\nmedical services providers whom the participant prefers participate in\\nthe managed care provider's network and are available to serve the\\nparticipant.\\n (v) Upon delivery of the pre-enrollment information, the local\\ndistrict or the enrollment organization shall certify the participant's\\nreceipt of such information. Upon verification that the participant has\\nreceived the pre-enrollment education information, a managed care\\nprovider, a local district or the enrollment organization may enroll a\\nparticipant into a managed care provider. Managed care providers must\\nsubmit enrollment forms to the local department of social services. Upon\\nenrollment, participants will sign an attestation that they have been\\ninformed that: participants have a choice of managed care providers;\\nparticipants have a choice of primary care practitioners; and, except as\\notherwise provided in this section, including but not limited to the\\nexceptions listed in subparagraph (iii) of paragraph (a) of this\\nsubdivision, participants must exclusively use their primary care\\npractitioners and plan providers. The commissioner of health may suspend\\nor curtail enrollment or impose sanctions for failure to appropriately\\nnotify clients as required in this subparagraph.\\n (vi) Enrollment counselors or local social services districts shall\\nfurther inquire into each participant's health status in order to\\nidentify physical or behavioral conditions that require immediate\\nattention or continuity of care, and provide to participants information\\nregarding health care options available to persons with HIV and other\\nillnesses or conditions under the managed care program. Any information\\ndisclosed to counselors shall be kept confidential in accordance with\\napplicable provisions of the public health law, and as appropriate, the\\nmental hygiene law.\\n (vii) Any marketing materials developed by a managed care provider\\nshall be approved by the department of health or the local social\\nservices district, and the commissioner of mental health and the\\ncommissioner of alcoholism and substance abuse services, where\\nappropriate, within sixty days prior to distribution to recipients of\\nmedical assistance. All marketing materials shall be reviewed within\\nsixty days of submission.\\n (viii) In any social services district which has implemented a\\nmandatory managed care program pursuant to this section, the\\ncommissioner of health shall establish marketing and enrollment\\nguidelines, including but not limited to regulations governing\\nface-to-face marketing and enrollment encounters between managed care\\nproviders and recipients of medical assistance and locations for such\\nencounters. Such regulations shall prohibit, at a minimum, telephone\\ncold-calling and door-to-door solicitation at the homes of medical\\nassistance recipients. The regulations shall also require the\\ncommissioner of health to approve any local district marketing\\nguidelines.\\n (f) (i) Participants shall choose a managed care provider at the time\\nof application for medical assistance; if the participant does not\\nchoose such a provider the commissioner shall assign such participant to\\na managed care provider in accordance with subparagraphs (ii), (iii),\\n(iv) and (v) of this paragraph. Participants already in receipt of\\nmedical assistance shall have no less than thirty days from the date\\nselected by the district to enroll in the managed care program to select\\na managed care provider and shall be provided with information to make\\nan informed choice. Where a participant has not selected such a provider\\nthe commissioner of health shall assign such participant to a managed\\ncare provider which, if appropriate, may be a special needs managed care\\nplan, taking into account capacity and geographic accessibility. The\\ncommissioner may after the period of time established in subparagraph\\n(ii) of this paragraph assign participants to a managed care provider\\ntaking into account quality performance criteria and cost. Provided\\nhowever, cost criteria shall not be of greater value than quality\\ncriteria in assigning participants.\\n (ii) The commissioner may assign participants pursuant to such\\ncriteria on a weighted basis, provided however that for twelve months\\nfollowing implementation of a mandatory program, pursuant to a federal\\nwaiver, twenty-five percent of the participants that do not choose a\\nmanaged care provider shall be assigned to managed care providers that\\nsatisfy the criteria set forth in subparagraph (i) of this paragraph,\\nand are controlled by, sponsored by, or otherwise affiliated through a\\ncommon governance or through a parent corporation with, one or more\\nprivate not-for-profit or public general hospitals or diagnostic and\\ntreatment centers licensed pursuant to article twenty-eight of the\\npublic health law.\\n (iii) For twelve months following the twelve months described in\\nsubparagraph (ii) of this paragraph twenty-two and one-half percent of\\nthe participants that do not choose a managed care provider shall be\\nassigned to managed care providers, that satisfy the criteria set forth\\nin subparagraph (i) of this paragraph and are controlled by, sponsored\\nby, or otherwise affiliated through a common governance or through a\\nparent corporation with, one or more private not-for-profit or public\\ngeneral hospitals or diagnostic and treatment centers licensed pursuant\\nto article twenty-eight of the public health law.\\n (iv) For twelve months following the twelve months described in\\nsubparagraph (iii) of this paragraph twenty percent of the participants\\nthat do not choose a managed care provider shall be assigned equally\\namong each of the managed care providers, that satisfy the criteria set\\nforth in subparagraph (i) of this paragraph and are controlled by,\\nsponsored by, or otherwise affiliated through a common governance or\\nthrough a parent corporation with one or more private not-for-profit or\\npublic general hospitals or diagnostic and treatment centers licensed\\npursuant to article twenty-eight of the public health law.\\n (v) The commissioner shall assign all participants not otherwise\\nassigned to a managed care plan pursuant to subparagraphs (ii), (iii)\\nand (iv) of this paragraph equally among each of the managed care\\nproviders that meet the criteria established in subparagraph (i) of this\\nparagraph; provided, however, that the commissioner shall assign\\nindividuals meeting the criteria for enrollment in a special needs\\nmanaged care plan to such plan or plans where available.\\n (g) If another managed care provider is available, participants may\\nchange such provider or plan without cause within thirty days of\\nnotification of enrollment or the effective date of enrollment,\\nwhichever is later with a managed care provider by making a request of\\nthe local social services district except that such period shall be\\nforty-five days for participants who have been assigned to a provider by\\nthe commissioner of health. However, after such thirty or forty-five day\\nperiod, whichever is applicable, a participant may be prohibited from\\nchanging managed care providers more frequently than once every twelve\\nmonths, as permitted by federal law except for good cause as determined\\nby the commissioner of health through regulations.\\n (h) If another medical services provider is available, a participant\\nmay change his or her provider of medical services (including primary\\ncare practitioners) without cause within thirty days of the\\nparticipant's first appointment with a medical services provider by\\nmaking a request of the managed care provider. However, after that\\nthirty day period, no participant shall be permitted to change his or\\nher provider of medical services other than once every six months except\\nfor good cause as determined by the commissioner through regulations.\\n (i) A managed care provider requesting a disenrollment shall not\\ndisenroll a participant without the prior approval of the local social\\nservices district in which the participant resides, provided that\\ndisenrollment from a special needs managed care plan must comply with\\nthe standards of the commissioner of health, the commissioner of\\nalcoholism and substance abuse services, and the commissioner of mental\\nhealth. A managed care provider shall not request disenrollment of a\\nparticipant based on any diagnosis, condition, or perceived diagnosis or\\ncondition, or a participant's efforts to exercise his or her rights\\nunder a grievance process, provided however, that a managed care\\nprovider may, where medically appropriate, request permission to refer\\nparticipants to a managed care provider that is a special needs managed\\ncare plan or a comprehensive HIV special needs plan after consulting\\nwith such participant and upon obtaining his/her consent to such\\nreferral, and provided further that a special needs managed care plan\\nmay, where clinically appropriate, disenroll individuals who no longer\\nrequire the level of services provided by a special needs managed care\\nplan.\\n (j) A managed care provider shall be responsible for providing or\\narranging for medical assistance services and assisting participants in\\nthe prudent selection of such services, including but not limited to:\\n (1) management of the medical and health care needs of participants by\\nthe participant's designated primary care practitioners or group of\\nprimary care practitioners to assure that all services provided under\\nthe managed care program and which are found to be necessary are made\\navailable in a timely manner, in accordance with prevailing standards of\\nprofessional medical practice and conduct; and\\n (2) use of appropriate patient assessment criteria to ensure that all\\nparticipants are provided with appropriate services, including special\\ncare;\\n (3) implementation of procedures, consistent with the requirements of\\nparagraph (c) of subdivision six of section forty-four hundred three of\\nthe public health law for managing the care of participants requiring\\nspecial care which may include the use of special case managers or the\\ndesignation of a specialist as a primary care practitioner by a\\nparticipant requiring special care on more than an incidental basis;\\n (4) implementation of procedures, consistent with the requirements of\\nparagraph (b) of subdivision six of section forty-four hundred three of\\nthe public health law to permit the use of standing referrals to\\nspecialists and subspecialists for participants who require the care of\\nsuch practitioners on a regular basis; and\\n (5) referral, coordination, monitoring and follow-up with regard to\\nother medical services providers as appropriate for diagnosis and\\ntreatment, or direct provision of some or all medical assistance\\nservices.\\n (k) A managed care provider shall establish appropriate utilization\\nand referral requirements for physicians, hospitals, and other medical\\nservices providers including emergency room visits and inpatient\\nadmissions.\\n (l) A managed care provider shall be responsible for developing\\nappropriate methods of managing the health care and medical needs of\\nhomeless and other vulnerable participants to assure that all necessary\\nservices provided under the managed care program are made available and\\nthat all appropriate referrals and follow-up treatment are provided, in\\na timely manner, in accordance with prevailing standards of professional\\nmedical practice and conduct.\\n (m) A managed care provider shall provide all early periodic screening\\ndiagnosis and treatment services, as well as interperiodic screening and\\nreferral, to each participant under the age of twenty-one, at regular\\nintervals, as medically appropriate.\\n (n) A managed care provider shall provide or arrange, directly or\\nindirectly (including by referral) for the provision of comprehensive\\nprenatal care services to all pregnant participants in accordance with\\nstandards adopted by the department of health.\\n (o) A managed care provider shall provide or arrange, directly or\\nindirectly, (including by referral) for the full range of covered\\nservices to all participants, notwithstanding that such participants may\\nbe eligible to be enrolled in a comprehensive HIV special needs plan or\\nspecial needs managed care plan.\\n (p) A managed care provider shall implement procedures to communicate\\nappropriately with participants who have difficulty communicating in\\nEnglish and to communicate appropriately with visually-impaired and\\nhearing-impaired participants.\\n (q) A managed care provider shall comply with applicable state and\\nfederal law provisions prohibiting discrimination on the basis of\\ndisability.\\n (r) A managed care provider shall provide services to participants\\npursuant to an order of a court of competent jurisdiction, provided\\nhowever, that such services shall be within such provider's or plan's\\nbenefit package and are reimbursable under title xix of the federal\\nsocial security act, provided that services for a substance use disorder\\nshall be provided by a program licensed, certified or otherwise\\nauthorized by the office of alcoholism and substance abuse services.\\n (s) Managed care providers shall be provided with the date of\\nrecertification for medical assistance of each of their enrolled\\nparticipants in conjunction with the monthly enrollment information\\nconveyed to managed care providers.\\n (t) Prospective enrollees shall be advised, in written materials\\nrelated to enrollment, to verify with the medical services providers\\nthey prefer, or have an existing relationship with, that such medical\\nservices providers participate in the selected managed care provider's\\nnetwork and are available to serve the participant.\\n (u) A managed care provider that provides coverage for prescription\\ndrugs shall permit each participant to fill any mail order covered\\nprescription, at his or her option, at any mail order pharmacy or\\nnon-mail-order retail pharmacy in the managed care provider network. If\\nthe managed care provider has designated one or more pharmacies for\\nfilling prescriptions for a particular drug or drugs, then such\\nprescriptions may be filled, at the participant's option, at any other\\npharmacy in the network, if the network pharmacy chosen by the\\nparticipant offers to accept a price that is comparable to that of the\\npharmacy designated by the managed care provider. For the purposes of\\nthis section, \"mail order pharmacy\" means a pharmacy whose primary\\nbusiness is to receive prescriptions by mail, telefax or through\\nelectronic submissions, and to dispense medication to patients through\\nthe use of the United States mail or other common or contract carrier\\nservices, and provides any consultation with patients electronically\\nrather than face to face. Every non-mail-order retail pharmacy in the\\nmanaged care provider's network with respect to any prescription drug\\nshall be deemed to be in the managed care provider's network for every\\ncovered prescription drug.\\n (v) A managed care provider must allow enrollees to access chemical\\ndependence treatment services from facilities certified by the office of\\nalcoholism and substance abuse services, even if such services are\\nrendered by a practitioner who would not otherwise be separately\\nreimbursed, including but not limited to a credentialed alcoholism and\\nsubstance abuse counselor (CASAC).\\n ** (w) A managed care provider shall provide or arrange, directly or\\nindirectly, including by referral, for access to and coverage of\\nservices provided by any national cancer institute-designated cancer\\ncenter licensed by the department of health within the managed care\\nprovider's service area that is willing to agree to provide\\ncancer-related inpatient, outpatient and medical services to\\nparticipants in all managed care providers offering coverage to medical\\nassistance recipients in such cancer center's service area under the\\nprevailing terms and conditions that the managed care provider requires\\nof other similar providers to be included in the managed care provider's\\nnetwork, provided that such terms shall include reimbursement of such\\ncenter at no less than the fee-for-service medicaid payment rate and\\nmethodology applicable to the center's inpatient and outpatient\\nservices.\\n ** NB There are 2 par (w)'s\\n ** NB Repealed January 1, 2028\\n ** (w)(i) The department of health or a managed care organization\\ncontracted to provide services pursuant to this section shall establish\\na program for synchronization of medications. Under the synchronization\\nprogram, a health care practitioner may prescribe a refill of one or\\nmore of the patient's medications for a shorter period than would\\nordinarily be provided, for the purpose of synchronizing refill dates of\\none or more of the patient's medications subject to the synchronization,\\nwhen it is agreed among the recipient, the health care practitioner and\\na pharmacist that synchronization of multiple prescriptions for the\\ntreatment of a chronic illness is in the best interest of the patient\\nfor the management or treatment of a chronic illness provided that the\\nfollowing apply to such medications:\\n (A) are covered by Medicaid services or a managed care organization\\ncontracted to provide services pursuant to this chapter;\\n (B) are used for treatment and management of a chronic illness that\\nare subject to refills;\\n (C) are not a schedule II controlled substance, nor a schedule III\\ncontrolled substance that contains hydrocodone or other opioid\\nmedication as scheduled in section thirty-three hundred six of the\\npublic health law, or a controlled substance under the federal\\nControlled Substances Act;\\n (D) meet all prior authorization criteria specific to the medications\\nat the time of the synchronization request;\\n (E) are of a formulation that can be effectively and lawfully aligned\\nover required short fill periods to achieve synchronization; and\\n (F) do not have quantity limits or dose optimization criteria or state\\nor federal requirements that would be violated in fulfilling\\nsynchronization.\\n (ii) The department of health or a managed care organization\\ncontracted to provide services under this section shall not deny\\ncoverage for the dispensing of a medication by a pharmacy for a partial\\nsupply when it is for the purpose of synchronizing the patient's\\nmedications. When applicable to permit synchronization, the department\\nof health or a managed care organization contracted to provide services\\nunder this title shall allow a pharmacy to override any denial codes\\nindicating that a prescription is being refilled too soon for the\\npurposes of medication synchronization.\\n (iii) The dispensing fee paid to the pharmacy contracted to provide\\nservices pursuant to this section for a partial supply associated with\\nmedication synchronization shall be paid in accordance with the Medicaid\\nstate plan as approved by the Centers for Medicare and Medicaid\\nServices.\\n (iv) The requirement of this paragraph applies only once for each\\nprescription drug subject to medication synchronization except when\\neither of the following occurs:\\n (A) the prescriber changes the dosage or frequency of administration\\nof the prescription drug subject to a medication synchronization; or\\n (B) the prescriber prescribes a different drug.\\n (v) Nothing in this paragraph shall be deemed to require health care\\npractitioners and pharmacists to synchronize the refilling of multiple\\nprescriptions for a covered individual.\\n (vi) The provisions of this paragraph are subject to compliance with\\nall applicable federal and state laws and regulations, including the\\nCenters for Medicare and Medicaid Services approved Medicaid state plan.\\nThe commissioner shall apply for waivers and submit state Medicaid plan\\namendments as are necessary to implement the program for synchronization\\nof medications.\\n ** NB There are 2 par (w)'s\\n ** NB Effective January 1, 2024\\n 5. Managed care programs shall be conducted in accordance with the\\nrequirements of this section and, to the extent practicable, encourage\\nthe provision of comprehensive medical services, pursuant to this\\narticle.\\n (a) The managed care program shall provide for the selection of\\nqualified managed care providers by the commissioner of health to\\nparticipate in the program, including comprehensive HIV special needs\\nplans and special needs managed care plans in accordance with the\\nprovisions of section three hundred sixty-five-m of this title;\\nprovided, however, that the commissioner of health may contract directly\\nwith comprehensive HIV special needs plans consistent with standards set\\nforth in this section, and assure that such providers are accessible\\ntaking into account the needs of persons with disabilities and the\\ndifferences between rural, suburban, and urban settings, and in\\nsufficient numbers to meet the health care needs of participants, and\\nshall consider the extent to which major public hospitals are included\\nwithin such providers' networks.\\n (b) A proposal submitted by a managed care provider to participate in\\nthe managed care program shall:\\n (i) designate the geographic area to be served by the provider, and\\nestimate the number of eligible participants and actual participants in\\nsuch designated area;\\n (ii) include a network of health care providers in sufficient numbers\\nand geographically accessible to service program participants;\\n (iii) describe the procedures for marketing in the program location,\\nincluding the designation of other entities which may perform such\\nfunctions under contract with the organization;\\n (iv) describe the quality assurance, utilization review and case\\nmanagement mechanisms to be implemented;\\n (v) demonstrate the applicant's ability to meet the data analysis and\\nreporting requirements of the program;\\n (vi) demonstrate financial feasibility of the program; and\\n (vii) include such other information as the commissioner of health may\\ndeem appropriate.\\n (c) The commissioner of health shall make a determination whether to\\napprove, disapprove or recommend modification of the proposal.\\n (d) Notwithstanding any inconsistent provision of this title and\\nsection one hundred sixty-three of the state finance law, the\\ncommissioner of health may contract with managed care providers approved\\nunder paragraph (b) of this subdivision, without a competitive bid or\\nrequest for proposal process, to provide coverage for participants\\npursuant to this title.\\n (e) Notwithstanding any inconsistent provision of this title and\\nsection one hundred forty-three of the economic development law, no\\nnotice in the procurement opportunities newsletter shall be required for\\ncontracts awarded by the commissioner of health, to qualified managed\\ncare providers pursuant to this section.\\n (f) The care and services described in subdivision four of this\\nsection will be furnished by a managed care provider pursuant to the\\nprovisions of this section when such services are furnished in\\naccordance with an agreement with the department of health, and meet\\napplicable federal law and regulations.\\n (g) The commissioner of health may delegate some or all of the tasks\\nidentified in this section to the local districts.\\n (h) Any delegation pursuant to paragraph (g) of this subdivision shall\\nbe reflected in the contract between a managed care provider and the\\ncommissioner of health.\\n 6. A managed care provider shall not engage in the following\\npractices:\\n (a) use deceptive or coercive marketing methods to encourage\\nparticipants to enroll; or\\n (b) distribute marketing materials to recipients of medical\\nassistance, unless such materials are approved by the department of\\nhealth and, as appropriate, the office of mental health.\\n 7. The department, the department of health or other agency of the\\nstate as appropriate shall provide technical assistance at the request\\nof a social services district for the purpose of development and\\nimplementation of managed care programs pursuant to this section. Such\\nassistance shall include but need not be limited to provision and\\nanalysis of data, design of managed care programs and plans, innovative\\npayment mechanisms, and ongoing consultation. In addition, the\\ndepartment and the department of health shall make available materials\\nto social services districts for purposes of educating persons eligible\\nto receive medical assistance on how their care will be provided through\\nmanaged care as required under paragraph (e) of subdivision five of this\\nsection.\\n 8. (a) The commissioner of health shall institute a comprehensive\\nquality assurance system for managed care providers that includes\\nperformance and outcome-based quality standards for managed care.\\n (b) Every managed care provider shall implement internal quality\\nassurance systems adequate to identify, evaluate and remedy problems\\nrelating to access, continuity and quality of care, utilization, and\\ncost of services, provided, however, that the commissioner shall waive\\nthe implementation of internal quality assurance systems, where\\nappropriate, for managed care providers described in subparagraph (ii)\\nof paragraph (b) of subdivision one of this section. Such internal\\nquality assurance systems shall conform to the internal quality\\nassurance requirements imposed on health maintenance organizations\\npursuant to the public health law and regulations and shall provide for:\\n (i) the designation of an organizational unit or units to perform\\ncontinuous monitoring of health care delivery;\\n (ii) the utilization of epidemiological data, chart reviews, patterns\\nof care, patient surveys, and spot checks;\\n (iii) reports to medical services providers assessing timeliness and\\nquality of care;\\n (iv) the identification, evaluation and remediation of problems\\nrelating to access, continuity and quality of care; and\\n (v) a process for credentialing and recredentialing licensed\\nproviders.\\n (c) The department of health, in consultation with the responsible\\nspecial care agencies, shall contract with one or more independent\\nquality assurance organizations to monitor and evaluate the quality of\\ncare and services furnished by managed care providers. To select such\\norganization or organizations, the department of health shall issue\\nrequests for proposals (RFP), shall evaluate proposals submitted in\\nresponse to such RFP, and pursuant to such RFP, shall award one or more\\ncontracts to one or more qualified and responsive organizations. Such\\nquality assurance organizations shall evaluate and review the quality of\\ncare delivered by each managed care provider, on at least an annual\\nbasis. Such review and evaluation shall include compliance with the\\nperformance and outcome-based quality standards promulgated by the\\ncommissioner of health.\\n (d) Every managed care provider shall collect and submit to the\\ndepartment of health, in a standardized format prescribed by the\\ndepartment of health, patient specific medical information, including\\nencounter data, maintained by such provider for the purposes of quality\\nassurance and oversight. Any information or encounter data collected\\npursuant to this paragraph, however, shall be kept confidential in\\naccordance with section forty-four hundred eight-a of the public health\\nlaw and section 33.13 of the mental hygiene law and any other applicable\\nstate or federal law.\\n (e) Information collected and submitted to the department of health by\\nthe independent quality assurance organization or managed care provider\\npursuant to this subdivision shall be made available to the public,\\nsubject to any other limitations of federal or state law regarding\\ndisclosure thereof to third parties.\\n (f) Every managed care provider shall ensure that the provider\\nmaintains a network of health care providers adequate to meet the\\ncomprehensive health needs of its participants and to provide an\\nappropriate choice of providers sufficient to provide the services to\\nits participants by determining that:\\n (i) there are a sufficient number of geographically accessible\\nparticipating providers;\\n (ii) there are opportunities to select from at least three primary\\ncare providers; and\\n (iii) there are sufficient providers in each area of specialty\\npractice to meet the needs of the enrolled population.\\n (g) The commissioner of health shall establish standards to ensure\\nthat managed care providers have sufficient capacity to meet the needs\\nof their enrollees, which shall include patient to provider ratios,\\ntravel and distance standards and appropriate waiting times for\\nappointments.\\n 9. Managed care providers shall inform participants of such provider's\\ngrievance procedure and utilization review procedures under section\\nforty-four hundred eight-a and article forty-nine of the public health\\nlaw. A managed care provider or local social services district, as\\nappropriate, shall provide notice to participants of their respective\\nrights to a fair hearing and aid continuing in accordance with\\napplicable state and federal law. Managed care providers shall provide\\nnotice of the name, address, phone number and website of the department\\nof health designated independent consumer assistance program and the\\nindependent substance use disorder and mental health ombudsman\\nestablished by section 33.27 of the mental hygiene law within notices of\\nadverse grievances and appeals determinations.\\n 10. The commissioner of health shall be authorized to establish\\nrequirements regarding provision and reimbursement of emergency care.\\n 10-a. For managed care providers with negotiated rates of payment for\\ninpatient hospital services under contracts in effect on April first,\\ntwo thousand eight, that have a payment rate methodology for such\\ninpatient hospital services that utilizes rates calculated by the\\ndepartment of health pursuant to paragraph (a) or (a-2) of subdivision\\none of section twenty-eight hundred seven-c for patients under the\\nmedical assistance program, such rate shall not include adjustments\\npursuant to subdivision thirty-three of section twenty-eight hundred\\nseven-c of the public health law for contract periods prior to January\\nfirst, two thousand ten.\\n 12. The commissioner, by regulation, shall provide that a participant\\nmay withdraw from participation in a managed care program upon a showing\\nof good cause.\\n 13. (a) Notwithstanding any inconsistent provisions of this section,\\nparticipation in a managed care program will not diminish a recipient's\\nmedical assistance eligibility or the scope of available medical\\nservices to which he or she is entitled. Once a program is implemented\\nby or in the district in accordance with this section, medical\\nassistance for persons who require such assistance, who are eligible for\\nor in receipt of such assistance in the district and who are covered by\\nthe program shall be limited to payment of the cost of care, services\\nand supplies covered by the managed care program, only when furnished,\\nprescribed, ordered or approved by a managed care provider, mental\\nhealth special needs plan or comprehensive HIV special needs plan and\\notherwise under the program, together with the costs of medically\\nnecessary medical and remedial care, services or supplies which are not\\navailable to participants under the program, but which would otherwise\\nbe available to such persons under this title and the regulations of the\\ndepartment provided, however, that the program may contain provision for\\npayment to be made for non-emergent care furnished in hospital emergency\\nrooms consistent with subdivision ten of this section.\\n (b) Notwithstanding any inconsistent provision of law, payment for\\nclaims for services as specified in paragraph (a) of this subdivision\\nfurnished to eligible persons under this title, who are enrolled in a\\nmanaged care program pursuant to this section and section three hundred\\nsixty-four-f of this title or other comprehensive health services plans,\\nshall not be made when such services are the contractual responsibility\\nof a managed care provider but are provided by another medical services\\nprovider contrary to the managed care plan.\\n 14. The commissioner of health is authorized and directed, subject to\\nthe approval of the director of the division of budget, to make grants\\nto social services districts to aid in the planning and development of\\nmanaged care programs. The total amount expended pursuant to this\\nsection shall not exceed the amount appropriated for such purposes in\\nany fiscal year.\\n 15. The managed medical care demonstration program advisory council is\\nabolished.\\n 16. Any waiver application to the federal department of health and\\nhuman services pursuant to this article and any amendments to such\\napplication shall be a public document.\\n 17. (a) The provisions of this section regarding participation of\\npersons receiving family assistance and supplemental security income in\\nmanaged care programs shall be effective if, and as long as, federal\\nfinancial participation is available for expenditures for services\\nprovided pursuant to this section.\\n (b) The provisions of this section regarding the furnishing of health\\nand behavioral health services through a special needs managed care plan\\nshall be effective if, and as long as, federal financial participation\\nis available for expenditures for services provided by such plans\\npursuant to this section.\\n 18. (a) The department of health may, where not inconsistent with the\\nrate setting authority of other state agencies and subject to approval\\nof the director of the division of the budget, develop reimbursement\\nmethodologies and fee schedules for determining the amount of payment to\\nbe made to managed care providers under the managed care program. Such\\nreimbursement methodologies and fee schedules may include provisions for\\npayment of managed care fees and capitation arrangements.\\n (b) The department of health in consultation with organizations\\nrepresenting managed care providers shall select an independent actuary\\nto review any such reimbursement rates. Such independent actuary shall\\nreview and make recommendations concerning appropriate actuarial\\nassumptions relevant to the establishment of rates including but not\\nlimited to the adequacy of the rates in relation to the population to be\\nserved adjusted for case mix, the scope of services the plans must\\nprovide, the utilization of services and the network of providers\\nnecessary to meet state standards. The independent actuary shall issue a\\nreport no later than December thirty-first, nineteen hundred\\nninety-eight and annually thereafter. Such report shall be provided to\\nthe governor, the temporary president and the minority leader of the\\nsenate and the speaker and the minority leader of the assembly. The\\ndepartment of health shall assess managed care providers under the\\nmanaged care program on a per enrollee basis to cover the cost of such\\nreport.\\n * (c) In setting such reimbursement methodologies, the department\\nshall consider costs borne by the managed care program to ensure\\nactuarially sound and adequate rates of payment to ensure quality of\\ncare.\\n * NB There are 2 par (c)'s\\n * (c) The department of health shall require the independent actuary\\nselected pursuant to paragraph (b) of this subdivision to provide a\\ncomplete actuarial memorandum, along with all actuarial assumptions made\\nand all other data, materials and methodologies used in the development\\nof rates, to managed care providers thirty days prior to submission of\\nsuch rates to the centers for medicare and medicaid services for\\napproval. Managed care providers may request additional review of the\\nactuarial soundness of the rate setting process and/or methodology.\\n * NB There are 2 par (c)'s\\n (d) The department of health shall annually provide to the temporary\\npresident of the senate and the speaker of the assembly the annual\\nMedicaid managed care operating reports submitted to the department from\\nmanaged care plans that contract with the state to manage services\\nprovided under the Medicaid program.\\n (e) Increased rates, terms or scope of payment for behavioral health\\nservices under this title, where payment is made by a managed care\\nprovider under this section, as a result of a rate, coverage or other\\nchange made pursuant to a law, regulation, rule or official guidance,\\nshall be deemed in effect on the same date that such change would have\\ntaken effect if payment were made other than by the managed care\\nprovider. Where payment is not made as of the effective date, the\\nmanaged care provider shall make retroactive payments to the appropriate\\nservice providers.\\n 19. (a) The commissioner of health, in consultation with the\\ncommissioner, shall promulgate such regulations as are necessary to\\nimplement the provisions of this section provided, however, that the\\nprovisions of this subdivision shall not limit specific actions taken by\\nthe department of health or the department in order to ensure federal\\nfinancial participation.\\n 20. Upon a determination that a participant appears to be suitable for\\nadmission to a comprehensive HIV special needs plan or a special needs\\nmanaged care plan, a managed care provider shall inform the participant\\nof the availability of such plans, where available and appropriate.\\n 21. (a) An amount equal to seven million dollars together with any\\nmatching federal and local government funds shall be made available for\\nrate adjustments for managed care providers whose rates were set under\\nthe competitive bidding process. Such adjustment shall be made in\\naccordance with this paragraph.\\n (i) Such amount shall be allocated by the department of health among\\nthe managed care rating regions based on each region's percentage of\\nstatewide Medicaid managed care enrollment as of January first, nineteen\\nhundred ninety-seven excluding from such calculation enrollment in local\\nsocial services districts that did not participate in the competitive\\nbidding process.\\n (ii) From among the funds allocated in a managed care rating region,\\nthe department of health shall adjust the existing rates paid to managed\\ncare providers for each premium group for the period from January first,\\nnineteen hundred ninety-seven through March thirty-first, nineteen\\nhundred ninety-eight in a manner that raises the rates of all managed\\ncare providers in the region to the highest uniform percentage of the\\nupper payment limit possible based on the funds available; provided,\\nhowever, that no managed care provider's rate for any premium group\\nshall be reduced as a result of such adjustment. For the purpose of\\ncalculating appropriate rate increases under this subparagraph, the\\ndepartment of health shall assume that, for the entire period between\\nJanuary first, nineteen hundred ninety-seven and March thirty-first,\\nnineteen hundred ninety-eight, enrollment in each premium group shall be\\nequal to enrollment in the premium group as of July first, nineteen\\nhundred ninety-seven.\\n (b) In addition to the increases made available in paragraph (a) of\\nthis subdivision for the period beginning January first, nineteen\\nhundred ninety-seven through March thirty-first, nineteen hundred\\nninety-eight, an additional ten million dollars, together with any\\nmatching federal and local government funds, shall be added to provide a\\nuniform percentage increase, based on July first, nineteen hundred\\nninety-seven enrollment to the existing rates paid for all premium\\ngroups to all managed care providers whose rates were set by the\\ncompetitive bidding process.\\n (c) In addition to the increases made available in paragraphs (a) and\\n(b) of this subdivision for the period beginning January first, nineteen\\nhundred ninety-seven through March thirty-first, nineteen hundred\\nninety-eight, an additional amount equal to three million dollars\\ntogether with any matching federal and local government funds, shall be\\nmade available to be added to the rates of health plans operating in\\ngeographic areas where capacity is insufficient to allow attainment of\\nenrollment goals consistent with the federal 1115 waiver known as the\\nPartnership Plan. Such amount shall be distributed subject to a\\ndemonstration to the commissioner's satisfaction that the plan has\\nexecuted a contract amendment providing for an increase in enrollment\\nproportional to the size of the plan and the remaining unenrolled\\npopulation in the county. In evaluating the plan's demonstration, the\\ncommissioner shall consider the degree to which the plan has increased\\nthe number of primary or specialty care practitioners or diagnostic and\\ntreatment centers in its network or whether the additional rate increase\\nwould permit the plan to generate greater enrollments while continuing\\nto meet the financial requirements of the public health law or the\\ninsurance law whichever is applicable and regulations promulgated\\npursuant thereto.\\n Any amount identified in this paragraph remaining uncommitted by\\nDecember thirty-first, nineteen hundred ninety-seven shall be\\ndistributed in a manner consistent with paragraph (b) of this\\nsubdivision.\\n (d) A plan shall be eligible for payments pursuant to paragraphs (a),\\n(b) and (c) of this subdivision for such periods as the plan has a\\ncontract with one or more social services districts; provided, however\\nthat the plan has a contract, or has made a good faith effort to enter\\ninto a contract, in that district effective through March thirty-first,\\nnineteen hundred ninety-eight.\\n (e) For the period from April first, nineteen hundred ninety-eight\\nthrough March thirty-first, nineteen hundred ninety-nine, the premium\\nrates paid by the department of health to all managed care providers\\nwhose rates were set under the competitive bidding process shall be\\nequal to (i) the managed care provider's rate as of March thirty-first,\\nnineteen hundred ninety-eight increased by a uniform trend factor; plus,\\n(ii) four million dollars together with any matching federal and local\\ngovernment funds to be added as a uniform percentage increase to such\\nprovider's rate as of March thirty-first, nineteen hundred ninety-eight,\\nbased on enrollment in the premium group as of April first, nineteen\\nhundred ninety-eight.\\n (f) For the period from April first, nineteen hundred ninety-eight\\nthrough March thirty-first, nineteen hundred ninety-nine, an additional\\namount equal to four million dollars together with any matching federal\\nand local government funds, shall be made available for managed care\\nrate adjustments consistent with the criteria set forth in paragraph (c)\\nof this subdivision. Any amount identified in this paragraph remaining\\nuncommitted by December thirty-first, nineteen hundred ninety-eight\\nshall be added as a uniform percentage increase to the rates of all\\nmanaged care providers eligible for an increase under paragraph (e) of\\nthis subdivision.\\n 22. Chemung county demonstration project. (a) The legislature finds\\nthat the particular circumstances of Chemung county warrant authorizing\\nthis demonstration project, including the rural nature of the county,\\nthe absence of a comprehensive medicaid managed care provider serving\\nthe area at this time, patient care needs, and aspects of the health\\ncare provider base.\\n (b) within all or part of Chemung county (referred to in this\\nsubdivision as \"the catchment area\"), the department of health and the\\nChemung county department of social services are authorized to conduct a\\nMedicaid research and demonstration project (referred to in this\\nsubdivision as the \"demonstration project\") for the purpose of testing\\nthe use of innovative administrative techniques, new reimbursement\\nmethods, and management of care models, so as to promote more efficient\\nuse of health resources, a healthier population and containment of\\nMedicaid program costs.\\n (c) As part of the demonstration project, the Chemung county\\ndepartment of social services is authorized to contract with a managed\\ncare provider for the purposes of, without limitation, developing and\\nmanaging a provider of care network, establishing provider payment rates\\nand fees, paying provider claims, providing care management services to\\nproject participants, and managing the utilization of project services.\\n (d) The demonstration project shall be consistent with the provisions\\nof this section, except:\\n (i) The department may waive any rules or regulations, as necessary to\\nimplement and consistent with this subdivision.\\n (ii) The demonstration project shall not be subject to:\\n (A) paragraph (b) of subdivision four of this section;\\n (B) subparagraphs (i), (ii), (iii) (v) and (viii) of paragraph (e) of\\nsubdivision four of this section;\\n (C) paragraph (f) of subdivision four of this section;\\n (D) paragraph (g) of subdivision four of this section;\\n (E) subdivision five of this section; provided that in approving the\\ndemonstration project or modifications to it, the department shall\\nconsider the criteria in that subdivision;\\n (F) sections two hundred seventy-two and two hundred seventy-three of\\nthe public health law;\\n (G) section three hundred sixty-five-i of this title.\\n (iii) Notwithstanding subdivision three of this section, participation\\nin the project shall be mandatory for all or any specified categories of\\npersons eligible for services under this title for whom the Chemung\\ncounty department of social services has fiscal responsibility pursuant\\nto section three hundred sixty-five of this title and who reside within\\nthe demonstration project catchment area, as determined by the\\ncommissioner of health; provided, however, that eligible persons who are\\nalso beneficiaries under title XVIII of the federal social security act\\nand persons who reside in residential health care facilities shall not\\nbe eligible to participate in the project.\\n (e)(i) Persons who are enrolled in or apply for medical assistance on\\nor before the date the demonstration project takes effect shall receive\\nsixty days written notice prior to participating in the demonstration\\nproject, including an explanation of the demonstration project and the\\nparticipant's rights and responsibilities. Persons who apply for medical\\nassistance thereafter shall receive such notice at the time of applying\\nfor medical assistance.\\n (ii) The demonstration project shall provide adequate services to\\novercome language barriers for participants.\\n (iii) Participants in the demonstration project whose participation in\\na managed care program would not otherwise be mandatory under\\nsubdivision three of this section, who, at the time they enter the\\ndemonstration project, have an established relationship with and are\\nreceiving services from one or more medical services providers that are\\nnot included in the demonstration project's provider network (an\\n\"out-of-network provider\"), shall be permitted to continue to receive\\nservices from such providers until their course of treatment is\\ncomplete, or in the case of a pregnant woman, while pregnant and for\\nsixty days post-partum. Out-of-network providers that provide services\\npursuant to this subparagraph shall be subject to the utilization review\\nand care management procedures prescribed by the managed care provider\\nand shall be reimbursed at the rate that would be paid to such providers\\nby the medical assistance program on a fee for service basis pursuant to\\nthis title, and shall accept such reimbursement as payment in full.\\n (f) The provisions of this subdivision shall not apply unless all\\nnecessary approvals under federal law and regulation have been obtained\\nto receive federal financial participation in the costs of health care\\nservices provided pursuant to this subdivision.\\n (g) The commissioner of health is authorized to submit amendments to\\nthe state plan for medical assistance and/or submit one or more\\napplications for waivers of the federal social security act as may be\\nnecessary to obtain the federal approvals necessary to implement this\\nsubdivision.\\n (h) The demonstration project shall terminate five years after it is\\napproved by the department and all necessary approvals under federal law\\nand regulations under paragraph (f) of this subdivision have been\\nobtained, unless terminated sooner by the Chemung county department of\\nsocial services.\\n 23. (a) As a means of protecting the health, safety and welfare of\\nrecipients, in addition to any other sanctions that may be imposed, the\\ncommissioner, in consultation with the commissioners of the office of\\nmental health and the office of alcoholism and substance abuse services,\\nwhere appropriate, shall appoint temporary management of a managed care\\nprovider upon determining that the managed care provider has repeatedly\\nfailed to meet the substantive requirements of sections 1903(m) and 1932\\nof the federal Social Security Act and regulations. A hearing shall not\\nbe required prior to the appointment of temporary management.\\n (b) The commissioner and/or his or her designees, which may be\\nindividuals within the department or other individuals or entities with\\nappropriate knowledge and experience, may be appointed as temporary\\nmanagement. The commissioner may appoint the superintendent of financial\\nservices and/or his or her designees as temporary management of any\\nmanaged care provider which is subject to rehabilitation pursuant to\\narticle seventy-four of the insurance law.\\n (c) The responsibilities of temporary management shall include\\noversight of the managed care provider for the purpose of removing the\\ncauses and conditions which led to the determination requiring temporary\\nmanagement, the imposition of improvements to remedy violations and,\\nwhere necessary, the orderly reorganization, termination or liquidation\\nof the managed care provider.\\n (d) Temporary management may hire and fire managed care provider\\npersonnel and expend managed care provider funds in carrying out the\\nresponsibilities imposed pursuant to this subdivision.\\n (e) The commissioner, in consultation with the superintendent with\\nrespect to any managed care provider subject to rehabilitation pursuant\\nto article seventy-four of the insurance law, may make available to\\ntemporary management for the benefit of a managed care provider for the\\nmaintenance of required reserves and deposits monies from such funds as\\nare appropriated for such purpose.\\n (f) The commissioner is authorized to establish in regulation\\nprovisions for the payment of fees and expenses from funds appropriated\\nfor such purpose for non-governmental individuals and entities appointed\\nas temporary management pursuant to this subdivision.\\n (g) The commissioner may not terminate temporary management prior to\\nhis or her determination that the managed care provider has the\\ncapability to ensure that the sanctioned behavior will not recur.\\n (h) During any period of temporary management individuals enrolled in\\nthe managed care provider being managed may disenroll without cause.\\nUpon reaching a determination that requires temporary management of a\\nmanaged care provider, the commissioner shall notify all recipient\\nenrollees of such provider that they may terminate enrollment without\\ncause during the period of temporary management.\\n (i) The commissioner may adopt and amend rules and regulations to\\neffectuate the purposes and provisions of this subdivision.\\n 24. Claims submitted to a managed care provider for payment for\\nmedical care, services, or supplies furnished by an out-of-network\\nmedical services provider must be submitted within fifteen months of the\\ndate the medical care, services, or supplies were furnished to an\\neligible person to be valid and enforceable against the managed care\\nprovider. This deadline for claims submission shall not apply where the\\nclaims submission is warranted to address findings or recommendations\\nidentified in a state or federal audit except where such audit also\\nindicates that an inappropriate provider payment was solely the fault of\\nthe out-of-network health care provider.\\n 25. Effective January first, two thousand thirteen, notwithstanding\\nany provision of law to the contrary, managed care providers shall cover\\nmedically necessary prescription drugs in the atypical antipsychotic\\ntherapeutic class, including non-formulary drugs, upon demonstration by\\nthe prescriber, after consulting with the managed care provider, that\\nsuch drugs, in the prescriber's reasonable professional judgment, are\\nmedically necessary and warranted.\\n 25-a. Effective July first, two thousand thirteen, notwithstanding any\\nprovision of law to the contrary, managed care providers shall cover\\nmedically necessary prescription drugs in the anti-depressant,\\nanti-retroviral, anti-rejection, seizure, epilepsy, endocrine,\\nhematologic and immunologic therapeutic classes, including non-formulary\\ndrugs, upon demonstration by the prescriber, after consulting with the\\nmanaged care provider, that such drugs, in the prescriber's reasonable\\nprofessional judgment, are medically necessary and warranted.\\n 26. The commissioner of health shall develop a standard prior\\nauthorization request form or forms to be utilized by all managed care\\nproviders for purposes of submitting a request for a utilization review\\ndetermination for coverage of prescription drug benefits under this\\ntitle. The managed care provider shall make the standard prior\\nauthorization request form or forms available to, and shall accept it or\\nthem from, prescribing providers in paper and electronic form.\\n 26-a. Managed care providers shall require prior authorization of\\nprescriptions of opioid analgesics in excess of four prescriptions in a\\nthirty-day period, provided, however, that this subdivision shall not\\napply if the patient is a recipient of hospice care, has a diagnosis of\\ncancer or sickle cell disease, or any other condition or diagnosis for\\nwhich the commissioner of health determines prior authorization is not\\nrequired.\\n 26-b. Managed care providers shall not require prior authorization for\\nany buprenorphine products, methadone or long acting injectable\\nnaltrexone for detoxification or maintenance treatment of a substance\\nuse disorder prescribed according to generally accepted national\\nprofessional guidelines for the treatment of a substance use disorder.\\n 26-c. Managed care providers shall not require prior authorization for\\nmethadone, when used for opioid use disorder and administered or\\ndispensed in an opioid treatment program.\\n ** 27. The commissioner of the department of health may make any\\nnecessary amendments to a contract pursuant to this section with a\\nmanaged care provider, as defined in paragraph (b) of subdivision one of\\nthis section, to allow such managed care provider to participate as a\\nqualified health plan in a state health benefit exchange established\\npursuant to the federal Patient Protection and Affordable Care Act (P.L.\\n111-148), as amended by the federal Health Care and Education\\nReconciliation Act of 2010 (P.L. 111-152).\\n ** NB There are 2 sb 27's\\n ** 27. (a) The centers for medicare and medicaid services has\\nestablished an initiative to align incentives between medicare and\\nmedicaid. The goal of the initiative is to increase access to seamless,\\nquality programs that integrate services for the dually eligible\\nbeneficiary as well as to achieve both state and federal health care\\nsavings by improving health care delivery and encouraging high-quality\\nefficient care. In furtherance of this goal, the legislature authorizes\\nthe commissioner of health to establish a fully integrated dual\\nadvantage (FIDA) program.\\n (b) The FIDA program shall provide targeted populations of\\nmedicare/medicaid dually eligible persons with comprehensive health\\nservices that include the full range of medicare and medicaid covered\\nservices, including but not limited to primary and acute care,\\nprescription drugs, behavioral health services, care coordination\\nservices, and long-term supports and services, as well as other\\nservices, through managed care providers, as defined in subdivision one\\nof this section, including managed long term care plans, certified\\npursuant to section forty-four hundred three-f of the public health law.\\n (c) Under the FIDA program established pursuant to this subdivision,\\nup to three managed long term care plans may be authorized to\\nexclusively enroll individuals with developmental disabilities, as such\\nterm is defined in section 1.03 of the mental hygiene law. The\\ncommissioner of health may waive any of the department's regulations as\\nsuch commissioner, in consultation with the commissioner of the office\\nfor people with developmental disabilities, deems necessary to allow\\nsuch managed long term care plans to provide or arrange for service for\\nindividuals with developmental disabilities that are adequate and\\nappropriate to meet the needs of such individuals and that will ensure\\ntheir health and safety. The commissioner of the office for people with\\ndevelopmental disabilities may waive any of the office for people with\\ndevelopmental disabilities' regulations as such commissioner, in\\nconsultation with the commissioner of health, deems necessary to allow\\nsuch managed long term care plans to provide or arrange for services for\\nindividuals with developmental disabilities that are adequate and\\nappropriate to meet the needs of such individuals and that will ensure\\ntheir health and safety.\\n (d) The provisions of this subdivision shall not apply unless all\\nnecessary approvals under federal law and regulation have been obtained\\nto receive federal financial participation in the costs of health care\\nservices provided pursuant to this subdivision.\\n (e) The commissioner of health is authorized to submit amendments to\\nthe state plan for medical assistance and/or submit one or more\\napplications for waivers of the federal social security act as may be\\nnecessary to obtain the federal approvals necessary to implement this\\nsubdivision.\\n (f) Notwithstanding any inconsistent provisions of this section and\\nsections one hundred twelve and one hundred sixty-three of the state\\nfinance law, or section one hundred forty-two of the economic\\ndevelopment law, or any other law to the contrary, the commissioner of\\nhealth and, in the case of FIDAs authorized exclusively to enroll\\npersons with developmental disabilities, the commissioner of health and\\nthe commissioner of the office for people with developmental\\ndisabilities, may contract with FIDAs approved under this section\\nwithout a competitive bid or request for proposal process, are\\nauthorized to enter into a contract or contracts under this section,\\nprovided, however, that:\\n (i) the department of health shall post on its website, for a period\\nof no less than thirty days:\\n (A) a description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (B) the criteria for selection of a contractor or contractors;\\n (C) the period of time during which a prospective contractor may seek\\nselection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (D) the manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (ii) all reasonable and responsive submissions that are received from\\nprospective contractors in a timely fashion shall be reviewed by the\\ncommissioner of health or commissioners, as applicable; and\\n (iii) the commissioner or, in the case of FIDAs authorized exclusively\\nto enroll persons with developmental disabilities, the commissioner of\\nhealth and the commissioner of the office for people with developmental\\ndisabilities, may select such contractor or contractors that, in their\\ndiscretion, have demonstrated the ability to effectively, efficiently\\nand economically integrate health and long term care services, and meet\\nthe standards for a certificate of authority under the public health law\\nfor the provision of services applicable to the type of managed long\\nterm care plan that such contractor proposes to operate.\\n (g) Nothing in this section shall be construed as requiring an\\nindividual with a developmental disability to enroll in a FIDA that is\\nauthorized to exclusively enroll individuals with developmental\\ndisabilities.\\n (h) Nothing in this section shall make enrollment in a medicare\\nmanaged care plan a condition of an individual's participation in the\\nFIDA program, or affect the individual's entitlement to payment of\\napplicable medicare managed care or fee-for-service coinsurance\\ndeductibles by the individual's FIDA plan.\\n ** NB There are 2 sb 27's\\n ** 28. To the extent that any provision of this section is\\ninconsistent with any provision of section forty-four hundred three-g of\\nthe public health law, such provision of this section shall not apply to\\nan entity authorized to operate pursuant to section forty-four hundred\\nthree-g of the public health law.\\n ** NB Repealed December 31, 2025\\n 29. In the event that the department receives approval from the\\nCenters for Medicare and Medicaid Services to amend its 1115 waiver\\nknown as the Partnership Plan or receives approval for a new 1115 waiver\\nfor the purpose of reinvesting savings resulting from the redesign of\\nthe medical assistance program, the commissioner is authorized to enter\\ninto contracts, and/or to amend the terms of contracts awarded prior to\\nthe effective date of this subdivision, for the purpose of assisting the\\ndepartment of health with implementing projects authorized under such\\nwaiver approval. Notwithstanding the provisions of sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, or sections\\none hundred forty-two and one hundred forty-three of the economic\\ndevelopment law, or any contrary provision of law, contracts may be\\nentered or contract amendments may be made pursuant to this subdivision\\nwithout a competitive bid or request for proposal process if the term of\\nany such contract or contract amendment does not extend beyond March\\nthirty-first, two thousand nineteen; provided, however, in the case of a\\ncontract entered into after the effective date of this subdivision,\\nthat:\\n (a) The department of health shall post on its website, for a period\\nof no less than thirty days:\\n (i) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (ii) The criteria for selection of a contractor or contractors;\\n (iii) The period of time during which a prospective contractor may\\nseek selection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (iv) The manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (b) All reasonable and responsive submissions that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner of health; and\\n (c) The commissioner of health shall select such contractor or\\ncontractors that, in his or her discretion, are best suited to serve the\\npurposes of this section.\\n 30. Notwithstanding the provisions of section one hundred sixty-three\\nof the state finance law, or sections one hundred forty-two and one\\nhundred forty-three of the economic development law, or any contrary\\nprovision of law, in the event that the state receives prior approval\\nand enhanced financial participation from the Centers for Medicaid and\\nMedicare Services, Administration for Children and Families and the\\nFederal Food and Nutrition Services for reimbursement pursuant to an\\nA-87 cost allocation waiver for enhanced funding for integrated\\neligibility systems, the state is authorized to enter into contracts,\\nand/or to amend the terms of contracts awarded prior to the effective\\ndate of this subdivision, without a competitive bid or request for\\nproposal process, consistent with federal requirements, for the purpose\\nof implementing projects authorized under such waiver amendment;\\nprovided, however, in the case of a contract entered into after the\\neffective date of this subdivision, that:\\n (a) The office of temporary and disability assistance and the office\\nof general services, or another state agency, shall post on its website\\nand concurrently provide to the chair of the senate health committee and\\nthe chair of the assembly health committee, for a period of no less than\\nthirty days:\\n (i) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (ii) The criteria for selection of a contractor or contractors;\\n (iii) The period of time during which a prospective contractor may\\nsubmit an offer, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (iv) The manner by which a prospective contractor may submit an offer,\\nwhich may include submission by electronic means;\\n (b) All responsive and reasonable offers that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner of temporary and disability assistance or other state\\nagency; and\\n (c) The commissioners of the department of health, the office of\\ntemporary and disability assistance and the office of children and\\nfamily services, working in cooperation with the state chief information\\nofficer and the office of general services, shall award such contract to\\nthe contractor or contractors offer that provides the best value as such\\nterm is defined in section one hundred sixty-three of the state finance\\nlaw, to the state. At notification the commissioner of health shall\\nprovide this information to the chair of the senate standing health\\ncommittee and the chair of the assembly health committee.\\n (d) All decisions made and approaches taken pursuant to this\\nsubdivision shall be documented in a procurement record as defined in\\nsection one hundred sixty-three of the state finance law.\\n (e) In accordance with all federal advance planning document guidance\\nand within the parameters established by the enhanced financial\\nparticipation from the centers for Medicaid and Medicare services,\\nadministration for children and families and the federal food and\\nnutrition services for reimbursement to an A-87 cost allocation waiver\\nfor enhanced funding for integrated eligibility systems, Phase 1 will\\ninclude foundational allowable shared service components required to\\nsuccessfully meet the requirements for non-MAGI Medicaid such as a\\ncommon client portal, document management, rules engines, workflow\\nmanagement tools, case management, notices and training.\\n (f) The contract will require training to be provided at no cost to\\nthe social services districts.\\n (g) The contract shall require the completion of shared service\\ncomponents by the timelines necessary to receive the enhanced financial\\nparticipation from the centers for Medicaid and Medicare services,\\nadministration for children and families and the federal food and\\nnutrition services for reimbursement to an A-87 cost allocation waiver.\\n (h) The commissioner shall provide, within thirty days of award of\\nsuch contract or contracts, the chair of the senate standing committee\\non health and the chair of the assembly health committee with a report\\noutlining the procurement and awards.\\n 31. (a) The commissioner shall require managed care providers under\\nthis section, managed long-term care plans under section forty-four\\nhundred three-f the public health law and other appropriate long-term\\nservice programs to adopt expedited procedures for approving personal\\ncare services for a medical assistance recipient who requires immediate\\npersonal care or consumer directed personal assistance services pursuant\\nto paragraph (e) of subdivision two of section three hundred\\nsixty-five-a of this title or section three hundred sixty-five-f of this\\ntitle, respectively, or other long-term care, and provide such care or\\nservices as appropriate, pending approval by such provider or program.\\n 32. (a) The commissioner, or for the purposes of subparagraph (iv) of\\nparagraph (c) of this subdivision, the Medicaid inspector general in\\nconsultation with the commissioner, may, in his or her discretion, apply\\npenalties to managed care organizations subject to this section and\\narticle forty-four of the public health law, including managed long term\\ncare plans, for untimely or inaccurate submission of encounter data;\\nprovided however, no penalty shall be assessed if the managed care\\norganization submits, in good faith, timely and accurate data and a\\nmaterial amount of such data is not successfully received by the\\ndepartment as a result of department system failures or technical issues\\nthat are beyond the control of the managed care organization.\\n (b) The commissioner, or for the purposes of subparagraph (iv) of\\nparagraph (c) of this subdivision, the Medicaid inspector general in\\nconsultation with the commissioner, shall consider the following when\\ndetermining whether to assess a penalty against a managed care\\norganization and the amount of such penalty:\\n (i) the degree to which the managed care organization submitted\\ninaccurate data at a category of service level and the frequency of such\\ninaccurate data submissions by the managed care organization;\\n (ii) the degree to which the managed care organization submitted\\nuntimely data or no data and the frequency of such untimely data\\nsubmissions or failures to submit by the managed care organization; and\\n (iii) the timeliness of the managed care organization in curing or\\ncorrecting inaccurate or untimely data.\\n For purposes of this section, \"encounter data\" shall mean all\\nencounter records or adjustments to previously submitted records which\\nthe managed care organization has received and processed from provider\\nencounter or claim records of all contracted services rendered to an\\nenrollee of the managed care organization in the current or any\\npreceding month. Any penalty assessed under this subdivision shall be\\ncalculated as a percentage of the Medicaid capitated premium calculated\\nby the department and paid to the managed care organization.\\n (c) (i) Penalties assessed pursuant to this subdivision against a\\nmanaged care organization other than a managed long term care plan\\ncertified pursuant to section forty-four hundred three-f of the public\\nhealth law shall be as follows:\\n (A) for encounter data submitted or resubmitted past the deadlines set\\nforth in the model contract, the Medicaid capitated premiums shall be\\nreduced by one-third percent; and\\n (B) for incomplete or inaccurate encounter data, evaluated at a\\ncategory of service level, that fails to conform to department developed\\nbenchmarks for completeness and accuracy, the Medicaid capitated\\npremiums shall be reduced by one and one-third percent; and\\n (C) for submitted data that results in a rejection rate in excess of\\nten percent of department developed volume benchmarks, the Medicaid\\ncapitated premiums shall be reduced by one-third percent.\\n (ii) Penalties assessed pursuant to this subdivisions against a\\nmanaged long term care plan certified pursuant to section forty-four\\nhundred three-f of the public health law shall be as follows:\\n (A) for encounter data submitted or resubmitted past the deadlines set\\nforth in the model contract, the Medicaid capitated premiums shall be\\nreduced by one-quarter percent;\\n (B) for incomplete or inaccurate encounter data, evaluated at a\\ncategory of service level, that fails to conform to department developed\\nbenchmarks for completeness and accuracy, the Medicaid capitated\\npremiums shall be reduced by one percent; and\\n (C) for submitted data that results in a rejection rate in excess of\\nten percent of department developed volume benchmarks, the Medicaid\\ncapitated premiums shall be reduced by one-quarter percent.\\n (iii) For incomplete or inaccurate encounter data, identified in the\\ncourse of an audit, investigation or review by the Medicaid inspector\\ngeneral, the Medicaid capitated premiums shall be reduced by an\\nadditional one percent.\\n (d) (i) Penalties under this subdivision may be applied to any and all\\ncircumstances described in paragraph (b) of this subdivision until the\\nmanaged care organization complies with the requirements for submission\\nof encounter data.\\n (ii) No penalties for late, incomplete or inaccurate encounter data\\nshall be assessed against managed care organizations in addition to\\nthose provided for in this subdivision, provided, however, that nothing\\nin this paragraph shall prohibit the imposition of penalties, in cases\\nof fraud, waste or abuse, otherwise authorized by law.\\n 33. For services under this title provided by residential health care\\nfacilities under article twenty-eight of the public health law, the\\ncommissioner shall direct managed care organizations licensed under\\narticle forty-four of the public health law, article forty-three of the\\ninsurance law, and this section, to continue to reimburse at a benchmark\\nrate which is to be the fee-for-service rate calculated pursuant to\\nsection twenty-eight hundred eight of the public health law. The\\nbenchmark fee-for-service rate shall continue to be paid by such managed\\ncare organizations for all services provided by residential healthcare\\nfacilities from the effective date of this subdivision at least until\\nDecember thirty-first, two thousand twenty. The commissioner may\\nrequire, as a condition of continuing to require payment at such\\nbenchmark rate that aggregate managed care expenditures to residential\\nhealth care facilities meet the alternative payment methodology\\nrequirements set forth in attachment I of the New York State section\\n1115 medicaid redesign team waiver as approved by the centers for\\nmedicare and medicaid services. The commissioner of health shall waive\\nsuch requirements if a sufficient number of providers, as determined by\\nthe commissioner, suffer a financial hardship as a consequence of such\\nalternative payment methodology requirements, or if the commissioner\\ndetermines that such alternative payment methodologies significantly\\nthreaten individuals' access to residential health care facility\\nservices; such waiver may be applied on a provider-specific or\\nindustry-wide basis. Further, such requirements may be waived, as the\\ncommissioner determines necessary, to comply with federal rules or\\nregulations governing these payment methodologies.\\n 34. For purposes of recovery of overpayments pursuant to subdivision\\nthirty-five of this section, any payment made pursuant to the state's\\nmanaged care program, including payments made by managed long term care\\nplans, shall be deemed a payment by the state's medical assistance\\nprogram, provided that this subdivision shall not permit the imposition\\nof a lien or recovery against property of an individual or estate on\\naccount of medical assistance payments where recovery is made against\\nthe individual's managed care provider or provider of medical assistance\\nprogram items or services. Provided however nothing in this subdivision\\nshall be construed to limit recoveries under other relevant sections of\\nlaw.\\n 35. Recovery of overpayments from network providers. (a) Where the\\nMedicaid inspector general during the course of an audit, investigation,\\nor review, or the deputy attorney general for the Medicaid fraud control\\nunit during the course of an investigation or prosecution for Medicaid\\nfraud, identifies medical assistance overpayments made by a managed care\\nprovider or managed long term care plan to its subcontractor or\\nsubcontractors or provider or providers, the state shall have the right\\nto recover the overpayment from the subcontractor or subcontractors,\\nprovider or providers, or the managed care provider or managed long term\\ncare plan; provided, however, in no event shall the state duplicate the\\nrecovery of an overpayment from a provider or subcontractor.\\n (b) Where the state is unsuccessful in recovering an overpayment from\\nthe subcontractor or subcontractors or provider or providers, the\\nMedicaid inspector general may require the managed care provider or\\nmanaged long term care plan to recover the medical assistance\\noverpayment identified in paragraph (a) of this subdivision on behalf of\\nthe state. The managed care provider or managed long term care plan\\nshall remit to the state the full amount of the identified overpayment\\nno later than six months after receiving notice of the overpayment from\\nthe state.\\n 36. Medicaid Program Integrity Reviews. (a) For purposes of this\\nsubdivision, managed care provider shall also include managed long term\\ncare plans.\\n (b) The Medicaid inspector general shall conduct periodic reviews of\\nthe contractual performance of each managed care provider as it relates\\nto the managed care provider's program integrity obligations under its\\ncontract with the department. The Medicaid inspector general, in\\nconsultation with the commissioner, shall publish on its website, a list\\nof those contractual obligations pursuant to which the managed care\\nprovider's program integrity performance shall be evaluated, including\\nbenchmarks, prior to commencing any review. A Medicaid program integrity\\nreview of a managed care provider conducted pursuant to this\\nsubdivision, may be completed no more than annually. Reviews performed\\npursuant to this subdivision shall include a review of compliance with\\ncontractual standards which prevent fraud, waste, or abuse. Such\\nstandards may include but are not limited to excluded providers,\\nrestricted recipient program, reporting obligations, compliance\\nprograms, and suspension of payments. However, if the Medicaid inspector\\ngeneral determines that a subsequent review, pursuant to this\\nsubdivision, is necessary, a second review may occur within one year.\\n (c) If, as a result of his or her review, the Medicaid inspector\\ngeneral determines that a managed care provider is not meeting its\\nprogram integrity obligations, the Medicaid inspector general may\\nrecover from the managed care provider up to two percent of the Medicaid\\npremiums paid to the managed care provider for the period under review.\\nAny premium recovery under this subdivision shall be a percentage of the\\nadministrative component of the Medicaid premium calculated by the\\ndepartment and may be recovered by the department in the same manner it\\nrecovers overpayments.\\n (d) The managed care provider shall be entitled to receive a draft\\naudit report and final audit report containing the results of the\\nMedicaid inspector general's review. If the Medicaid inspector general\\ndetermines to recover a percentage of the premium as described in\\nparagraph (c) of this subdivision, the managed care provider shall be\\nentitled to notice and an opportunity to be heard in accordance with\\nsection twenty-two of this chapter.\\n 37. Managed care providers shall report to the department all sources\\nand amounts of income, payments, and financial benefits related to the\\nprovision of pharmacy benefits, including, but not limited to, any\\npricing discounts, rebates of any kind, inflationary payments, credits,\\nclawbacks, fees, grants, chargebacks, reimbursements, or other benefits\\nwhether such income, payments, or financial benefits are received\\ndirectly by the managed care provider or passed through from a pharmacy\\nbenefit manager or other entity. Managed care providers shall also\\nreport to the department the amounts of any administrative fees paid to\\ncover the cost of providing pharmacy benefit management services. The\\nreporting required in this subdivision shall be supplemental to and\\nincluded with other existing reporting requirements, including but not\\nlimited to any quarterly reporting requirements.\\n ** 38. (a) When a patient's health care provider prescribes an opioid\\ndependence agent or opioid antagonist that is not on the statewide\\nformulary of opioid dependence agents and opioid antagonists, the\\nprescriber shall consult with the managed care plan to confirm that in\\nhis or her reasonable professional judgment, the patient's clinical\\ncondition is consistent with the criteria for approval of the\\nnon-preferred or non-formulary drug. Such criteria shall include:\\n (i) the preferred drug has been tried by the patient and has failed to\\nproduce the desired health outcomes;\\n (ii) the patient has tried the preferred drug and has experienced\\nunacceptable side effects;\\n (iii) the patient has been stabilized on a non-preferred drug and\\ntransition to the preferred or formulary drug would be medically\\ncontraindicated; or\\n (iv) other clinical indications identified by the committee for the\\npatient's use of the non-preferred drug, which shall include\\nconsideration of the medical needs of special populations, including\\nchildren, elderly, chronically ill, persons with mental health\\nconditions, persons affected by HIV/AIDS and pregnant persons with a\\nsubstance use disorder.\\n (b) The managed care plan shall have a process for a patient, or the\\npatient's prescribing health care provider, to request a review for a\\nprescription drug that is not on the statewide formulary of opioid\\ndependence agents and opioid antagonists, consistent with 42 C.F.R.\\n438.210(d), or any successor regulation.\\n (c) A managed care plan's failure to comply with the requirements of\\nthis subdivision shall be subject to a one thousand dollar fine per\\nviolation.\\n ** NB There are 2 sb 38's\\n ** 38. Penalties for the submission of misstated cost reports. (a) For\\npurposes of this subdivision, managed care provider shall also include\\nmanaged long-term care plans.\\n (b) The Medicaid inspector general may, in his or her discretion and\\nin consultation with the commissioner, impose a penalty on a managed\\ncare provider whose filed cost report contained a misstatement of fact\\nincluding:\\n (i) unsubstantiated or improper costs;\\n (ii) number of member months;\\n (iii) number of events.\\n For purposes of this paragraph, number of events shall include, but\\nnot be limited to understated births or deliveries.\\n (c) (i) For misstatements found in subparagraph (i) of paragraph (b)\\nof this subdivision, the penalty shall be equal to the amount of the\\nmisstatement multiplied by two.\\n (ii) For misstatements found in subparagraph (ii) of paragraph (b) of\\nthis subdivision, the penalty shall be the amount of the premium\\ncapitation paid by the department for the region per member month.\\n (iii) For misstatements found in subparagraph (iii) of paragraph (b)\\nof this subdivision, the penalty shall be the amount of the supplemental\\ncapitation paid by the department for the region per member event.\\n (d) Any penalty imposed under this subdivision may be recovered by the\\ndepartment in any manner authorized by law.\\n (e) The managed care provider against whom a penalty is imposed\\npursuant to this subdivision shall be entitled to notice and an\\nopportunity to be heard in accordance with section twenty-two of this\\nchapter.\\n ** NB There are 2 sb 38's\\n 39. Medicaid fraud, waste and abuse prevention. (a) For purposes of\\nthis subdivision, managed care provider shall also include managed\\nlong-term care plans.\\n (b) Managed care providers shall adopt and implement policies and\\nprocedures designed to detect and prevent fraud, waste and abuse. This\\nshall include the adoption and implementation of a compliance program as\\nrequired by section three hundred sixty-three-d of this title and the\\nterms of the contract between the managed care provider and the state,\\nand for managed care providers with an enrolled population of one\\nthousand or more persons in the aggregate in any given year, the\\nestablishment of a special investigation unit which will have primary\\nresponsibility for implementing the managed care provider's policies and\\nprocedures to detect and prevent fraud, waste and abuse, as it relates\\nto the managed care provider's participation in the medical assistance\\nprogram.\\n (c) The managed care provider shall coordinate its fraud, waste and\\nabuse prevention activities with the Medicaid inspector general and the\\ndepartment of health. The Medicaid inspector general, in consultation\\nwith the department of health, may promulgate regulations establishing\\nstandards and requirements for the operation of managed care provider\\nfraud, waste and abuse prevention activities, including requirements for\\nspecial investigation units. The provisions of this subdivision\\nnotwithstanding, the managed care provider shall continue to comply with\\nall the requirements of section forty-four hundred fourteen of the\\npublic health law.\\n * NB Repealed March 31, 2026 (per ch. 165/1991)\\n * NB Repealed March 31, 2026 (per ch. 710/1988)\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-J-2", "title" : "Transitional supplemental payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364-J-2", "activeDate" : "2014-09-22", "sequenceNo" : 375, "repealedDate" : null, "fromSection" : "364-J-2", "toSection" : "364-J-2", "text" : " § 364-j-2. Transitional supplemental payments. 1. As used in this\\nsection, \"covered provider\" shall mean a voluntary not-for-profit health\\ncare provider that is any of the following:\\n (a) a freestanding diagnostic and treatment center licensed under\\narticle twenty-eight of the public health law that qualifies for a\\ndistribution pursuant to section twenty-eight hundred seven-p of such\\narticle, or section seven of chapter four hundred thirty-three of the\\nlaws of nineteen hundred ninety-seven, or receives funding under section\\nthree hundred thirty-three of the federal public health services act for\\nhealth care for the homeless; or\\n (b) a freestanding diagnostic and treatment center which operates an\\napproved program under the prenatal care assistance program established\\npursuant to article twenty-five of the public health law; or\\n (c) a facility licensed under article twenty-eight of the public\\nhealth law that is sponsored by a university or dental school which has\\nbeen granted an operating certificate pursuant to article twenty-eight\\nof the public health law to provide dental services; or\\n (d) a freestanding family planning clinic licensed under article\\ntwenty-eight of the public health law.\\n 2. (a) Notwithstanding paragraphs (b) and (h) of subdivision two of\\nsection twenty-eight hundred seven of the public health law, the\\ncommissioner of health shall make supplemental payments of nine million\\neight hundred twenty-four thousand dollars ($9,824,000), to covered\\nproviders described in subdivision one of this section who are qualified\\nproviders as described in paragraph (a) of subdivision three of this\\nsection, based on adjustments to fee-for-service rates for the period\\nFebruary first through March thirty-first, two thousand two and nine\\nmillion eight hundred twenty-four thousand dollars ($9,824,000) for the\\nperiod October first through December thirty-first, two thousand two and\\nfour million nine hundred twelve thousand dollars ($4,912,000) for the\\nperiod October first through December thirty-first, two thousand three\\nand an additional amount of four million nine hundred twelve thousand\\ndollars ($4,912,000) for the period October first through December\\nthirty-first, two thousand three and nine million eight hundred\\ntwenty-four thousand dollars ($9,824,000) for the period April first\\nthrough June thirtieth, two thousand five, and nine million eight\\nhundred twenty-four thousand dollars ($9,824,000) for the period October\\nfirst through December thirty-first, two thousand six, and an additional\\nnine million eight hundred twenty-four thousand dollars ($9,824,000) for\\nthe period October first through December thirty-first, two thousand\\nsix, and nine million eight hundred twenty-four thousand dollars\\n($9,824,000) for the period October first through December thirty-first,\\ntwo thousand seven, as medical assistance payments for services provided\\npursuant to this title for persons eligible for federal financial\\nparticipation under title XIX of the federal social security act to\\nreflect additional costs associated with the transition to a managed\\ncare environment, and nine million eight hundred twenty-four thousand\\ndollars ($9,824,000) for the period October first through December\\nthirty-first, two thousand eight, and seven million three hundred\\neighty-eight thousand dollars ($7,388,000) for the period October first\\nthrough December thirty-first, two thousand nine, as medical assistance\\npayments for services provided pursuant to this title for persons\\neligible for federal financial participation under title XIX of the\\nfederal social security act to reflect additional costs associated with\\nthe operation of electronic health record systems that meet such\\nstandards as may be established by the commissioner of health. There\\nshall be no local share in these payments. The director of the budget\\nshall allocate the non-federal share of such payments from an\\nappropriation for the miscellaneous special revenue fund - 339 community\\nservice provider assistance program account for the two thousand\\none--two thousand two state fiscal year for adjustments for the period\\nFebruary first through March thirty-first, two thousand two. Adjustments\\nfor the period October first, two thousand two through December\\nthirty-first, two thousand two shall be within amounts appropriated for\\nthe two thousand two--two thousand three state fiscal year and\\nadjustments for the period October first, two thousand three through\\nDecember thirty-first, two thousand three shall be within amounts\\nappropriated for the two thousand three--two thousand four state fiscal\\nyear and adjustments for the non-federal share of the additional amount\\nof four million nine hundred twelve thousand dollars ($4,912,000) for\\nsuch period shall be allocated by the director of the budget from an\\nappropriation for maintenance undistributed general fund community\\nprojects fund - 007 account for the two thousand three--two thousand\\nfour state fiscal year. The director of the budget shall allocate the\\nnon-federal share of adjustments for the period April first, two\\nthousand five through June thirtieth, two thousand five from an\\nappropriation for the maintenance undistributed general fund community\\nprojects fund - 007 - cc account for the two thousand four--two thousand\\nfive state fiscal year. The director of the budget shall allocate the\\nnon-federal share of adjustments for the period October first, two\\nthousand six through December thirty-first, two thousand six from an\\nappropriation for the maintenance undistributed, general fund, community\\nprojects fund - 007-cc account for the two thousand five--two thousand\\nsix state fiscal year. The director of the budget shall allocate the\\nnon-federal share of the additional adjustments for the period October\\nfirst, two thousand six through December thirty-first, two thousand six\\nfrom such funds as may be made available from an appropriation for the\\nmaintenance undistributed, general fund, community projects fund -\\n007-cc account for the two thousand six--two thousand seven state fiscal\\nyear. The director of the budget shall allocate the non-federal share of\\nthe adjustments for the period October first, two thousand seven through\\nDecember thirty-first, two thousand seven from an appropriation for the\\nmedical assistance program, general fund, local assistance account - 001\\nfor the two thousand seven--two thousand eight state fiscal year. The\\ndirector of the budget shall allocate the non-federal share of the\\nadjustments for the period October first, two thousand eight through\\nDecember thirty-first, two thousand eight from an appropriation for the\\nmedical assistance program, general fund, local assistance account - 001\\nfor the two thousand eight--two thousand nine state fiscal year. The\\ndirector of the budget shall allocate the non-federal share of the\\nadjustments for the period October first, two thousand nine through\\nDecember thirty-first, two thousand nine from an appropriation for the\\nmedical assistance program, general fund, local assistance account - 001\\nfor the two thousand nine--two thousand ten state fiscal year. Such\\nadjustments to fee for service rates shall not be subject to subsequent\\nadjustment or reconciliation. Alternatively, such payments may be made\\nas aggregate payments to eligible providers.\\n (a-1) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, for facilities licensed under article twenty-eight of the\\npublic health law that are sponsored by a university or dental school\\nwhich has been granted an operating certificate pursuant to article\\ntwenty-eight of the public health law and which provides dental services\\nas its principal mission, two hundred twenty-four thousand dollars\\n($224,000) in the aggregate for use pursuant to this section shall be\\nallocated for distribution to such facilities pursuant to the\\nmethodology described in paragraph (b) of subdivision two and\\nsubparagraph (i) of paragraph (b) of subdivision four of section two\\nthousand eight hundred seven-p of the public health law for services\\nprovided for the period February first, two thousand two through March\\nthirty-first, two thousand two to persons eligible for federal financial\\nparticipation under title XIX of the federal social security act,\\nprovided, however, that the amount paid pursuant to this paragraph for\\neach such facility shall equal the facility's proportional share of the\\ntotal nominal payment amounts calculated under this section of all such\\nfacilities multiplied by the total funds allocated for such payments.\\nThere shall be no local share in these payments. The director of the\\nbudget shall allocate the non-federal share of such payments from an\\nappropriation for the miscellaneous special revenue fund - 339 community\\nservice provider assistance program account for the two thousand\\none--two thousand two state fiscal year. Such adjustments to fee for\\nservice rates shall not be subject to subsequent adjustment or\\nreconciliation. Alternatively, such payments may be made as aggregate\\npayments to eligible providers.\\n (a-2) (i) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, for facilities licensed under article twenty-eight of the\\npublic health law that are sponsored by a university or dental school\\nwhich has been granted an operating certificate pursuant to article\\ntwenty-eight of the public health law and which provides dental services\\nas its principal mission, two hundred twenty-four thousand dollars\\n($224,000) in the aggregate of the amount appropriated for the two\\nthousand two--two thousand three state fiscal year for use pursuant to\\nthis section shall be allocated for the period October first through\\nDecember thirty-first, two thousand two and one hundred twelve thousand\\ndollars ($112,000) in the aggregate of the amount appropriated for the\\ntwo thousand three--two thousand four state fiscal year, and an\\nadditional amount of one hundred twelve thousand dollars ($112,000) in\\nthe aggregate for use pursuant to this section shall be allocated for\\nthe period October first through December thirty-first, two thousand\\nthree and two hundred twenty-four thousand dollars ($224,000) in the\\naggregate of the amount appropriated for the two thousand four--two\\nthousand five state fiscal year shall be allocated for the period April\\nfirst, two thousand five through June thirtieth, two thousand five, and\\ntwo hundred twenty-four thousand dollars ($224,000) in the aggregate of\\nthe amount appropriated for the two thousand five--two thousand six\\nstate fiscal year shall be allocated for the period October first, two\\nthousand six through December thirty-first, two thousand six, and an\\nadditional two hundred twenty-four thousand dollars ($224,000) in the\\naggregate of the amount appropriated for the two thousand six--two\\nthousand seven state fiscal year shall be allocated for the period\\nOctober first, two thousand six through December thirty-first, two\\nthousand six, and two hundred twenty-four thousand dollars ($224,000) in\\nthe aggregate of the amount appropriated for the two thousand seven--two\\nthousand eight state fiscal year shall be allocated for the period\\nOctober first, two thousand seven through December thirty-first, two\\nthousand seven, and two hundred twenty-four thousand dollars ($224,000)\\nin the aggregate of the amount appropriated for the two thousand\\neight--two thousand nine state fiscal year shall be allocated for the\\nperiod October first, two thousand eight through December thirty-first,\\ntwo thousand eight and two hundred twenty-four thousand dollars\\n($224,000) in the aggregate of the amount appropriated for the two\\nthousand nine--two thousand ten state fiscal year shall be allocated for\\nthe period October first, two thousand nine through December\\nthirty-first, two thousand nine for distribution to such facilities\\npursuant to subparagraphs (ii) and (iii) of this paragraph. Adjustments\\nfor the non-federal share of the additional amount of one hundred twelve\\nthousand dollars ($112,000) for the period October first, two thousand\\nthree through December thirty-first, two thousand three shall be\\nallocated by the director of the budget from an appropriation for\\nmaintenance undistributed general fund community projects fund - 007\\naccount for the two thousand three--two thousand four state fiscal year.\\nThe non-federal share of adjustments for the period April first, two\\nthousand five through June thirtieth, two thousand five shall be\\nallocated by the director of the budget from an appropriation for the\\nmaintenance undistributed general fund community projects fund - 007\\naccount for the two thousand four--two thousand five state fiscal year.\\nThe non-federal share of adjustments for the period October first, two\\nthousand six through December thirty-first, two thousand six shall be\\nallocated by the director of the budget from an appropriation for the\\nmaintenance undistributed, general fund, community projects fund -\\n007-cc account for the two thousand five--two thousand six state fiscal\\nyear. The non-federal share of the additional adjustments for the period\\nOctober first, two thousand six through December thirty-first, two\\nthousand six shall, subject to the availability of funds, be allocated\\nby the director of the budget from the medical assistance local\\nassistance appropriation for the two thousand six--two thousand seven\\nstate fiscal year. The non-federal share of the adjustments for the\\nperiod October first, two thousand seven through December thirty-first,\\ntwo thousand seven shall be allocated by the director of the budget from\\nan appropriation for the medical assistance program, general fund, local\\nassistance account - 001 for the two thousand seven--two thousand eight\\nstate fiscal year. The non-federal share of the adjustments for the\\nperiod October first, two thousand eight through December thirty-first,\\ntwo thousand eight shall be allocated by the director of the budget from\\nan appropriation for the medical assistance program, general fund, local\\nassistance account - 001 for the two thousand eight--two thousand nine\\nstate fiscal year. The non-federal share of the adjustments for the\\nperiod October first, two thousand nine through December thirty-first,\\ntwo thousand nine shall be allocated by the director of the budget from\\nan appropriation for the medical assistance program, general fund, local\\nassistance account - 001 for the two thousand nine--two thousand ten\\nstate fiscal year.\\n (ii) Forty percent shall be allocated for equal distribution to such\\nfacilities, reduced by the amount, if any, that a distribution exceeds\\nforty percent of a facility's uncompensated care need as defined in\\nparagraph (b) of subdivision two of section two thousand eight hundred\\nseven-p of the public health law. Any funds allocated but not\\ndistributed in accordance with this subparagraph shall be added to those\\namounts distributed in accordance with subparagraph (iii) of this\\nparagraph.\\n (iii) Sixty percent, plus any funds allocated and not distributed in\\naccordance with subparagraph (ii) of this paragraph, shall be allocated\\nfor distribution to such facilities pursuant to the methodology\\ndescribed in paragraph (b) of subdivision two and subparagraph (i) of\\nparagraph (b) of subdivision four of section two thousand eight hundred\\nseven-p of the public health law, provided, however, that the amount\\npaid pursuant to this allocation for each such facility shall equal the\\nfacility's proportional share of the total nominal payment amounts\\ncalculated under this section of all such facilities multiplied by the\\ntotal funds allocated for such payments.\\n (iv) There shall be no local share in these payments.\\n (b) Notwithstanding the provisions of subdivision one of section three\\nhundred sixty-eight-a of this title, there shall be paid to each social\\nservices district the full amount expended on behalf of the department\\nof health for medical assistance furnished pursuant to the provisions of\\nthis section, after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof.\\n 3. (a) For periods prior to January first, two thousand eight, a\\ncovered provider described in subdivision one of this section shall be\\nqualified to receive a supplemental payment only if its number of\\nmedicaid visits for patient care services in the base year described in\\nsubparagraph (ii) of paragraph (b) of this subdivision equals or exceeds\\ntwenty-five percent of its total number of visits for patient care\\nservices and its number of medicaid visits for patient care services for\\nmedicaid managed care enrollees equals or exceeds three percent of its\\ntotal number of medicaid visits during the base year. For periods on and\\nafter January first, two thousand eight, a covered provider described in\\nsubdivision one of this section shall be qualified to receive a\\nsupplemental payment only if it has in place during such period an\\noperational electronic health record system that meets such standards as\\nmay be established by the commissioner of health and its number of\\nmedicaid visits for patient care services in the base year described in\\nsubparagraph (ii) of paragraph (b) of this subdivision equals or exceeds\\ntwenty-five percent of its total number of visits for patient care\\nservices during the base year or its number of medicaid visits combined\\nwith its number of uninsured visits for patient care services in the\\nbase year described in subparagraph (ii) of paragraph (b) of this\\nsubdivision equals or exceeds thirty percent of its total number of\\nvisits for patient care services during the base year.\\n (b) (i) For periods prior to January first, two thousand eight, each\\nqualified provider described in paragraph (a) of this subdivision shall\\nreceive a supplemental payment equal to such provider's proportional\\nshare of the total funds allocated pursuant to this section, based upon\\nthe ratio of its visits from medical assistance recipients enrolled in\\nmanaged care during the base year to the total number of visits to all\\nsuch qualified providers by medical assistance recipients enrolled in\\nmanaged care during the base year. For periods on and after January\\nfirst, two thousand eight, each qualified provider described in\\nparagraph (a) of this subdivision shall receive a supplemental payment\\nequal to such provider's proportional share of the total funds allocated\\npursuant to this section, based upon the ratio of its visits from\\nmedical assistance recipients during the base year to the total number\\nof visits from medical assistance recipients to all such qualified\\nproviders during the base year.\\n (ii) For periods prior to January first, two thousand eight, for\\npurposes of the calculation described in this subdivision, the base year\\nwill be two thousand, and the commissioner of health shall utilize data\\nas reported on the 2000 AHCF-1 cost report initially submitted by\\ncovered providers to the department of health on or about August\\nseventeenth, two thousand one. For periods on and after January first,\\ntwo thousand eight, for purposes of the calculation described in this\\nsubdivision, the base year will be two years prior to the grant year,\\nand the commissioner of health shall utilize data as reported on AHCF-1\\ncost report submitted by covered providers to the department of health\\nfor such base year.\\n 4. Payments made pursuant to this section shall constitute additional\\nreimbursement to qualified providers and shall not be used to reduce\\nlevels of other funding provided to qualified providers by governmental\\nagencies.\\n 5. (a) The commissioner of health shall make medical assistance\\npayments to qualified providers from funds made available pursuant to\\nthe provisions of this section contingent upon the receipt of all\\nfederal approvals necessary and subject to the availability of federal\\nfinancial participation under title XIX of the federal social security\\nact for the transitional supplemental payments. In the event such\\nfederal approval is not received prior to March thirty-first, two\\nthousand two, for adjustments for the period February first, two\\nthousand two through March thirty-first, two thousand two and prior to\\nOctober first, two thousand two for adjustments for the period October\\nfirst, two thousand two through December thirty-first, two thousand two\\nand prior to October first, two thousand three for adjustments for the\\nperiod October first, two thousand three through December thirty-first,\\ntwo thousand three, and prior to October first, two thousand five for\\nadjustments for the period April first, two thousand five through June\\nthirtieth, two thousand five, and prior to October first, two thousand\\nsix for adjustments for the period October first, two thousand six\\nthrough December thirty-first, two thousand six, and prior to October\\nfirst, two thousand seven for adjustments for the period October first,\\ntwo thousand seven through December thirty-first, two thousand seven,\\nand prior to October first, two thousand eight for adjustments for the\\nperiod October first, two thousand eight through December thirty-first,\\ntwo thousand eight, and prior to October first, two thousand nine for\\nadjustments for the period October first, two thousand nine through\\nDecember thirty-first, two thousand nine, the commissioner of health\\nshall make medical assistance payments to qualified providers consisting\\nof the state share amount available for purposes of this section and\\napportioned in accordance with subdivisions two and three of this\\nsection. In the event such federal approval is denied, such state share\\namount payments shall be deemed to be grants to such qualified providers\\nand such qualified providers shall not be eligible to receive any other\\npayments pursuant to this section.\\n (b) The commissioner of health shall take all steps necessary and\\nshall use best efforts to secure federal financial participation under\\ntitle XIX of the social security act, for the purposes of this section,\\nincluding the prompt submission of appropriate amendments to the title\\nXIX state plan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-JJ", "title" : "Special advisory review panel on Medicaid managed care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2023-05-12", "2025-05-16" ], "docLevelId" : "364-JJ", "activeDate" : "2023-05-12", "sequenceNo" : 376, "repealedDate" : null, "fromSection" : "364-JJ", "toSection" : "364-JJ", "text" : " * § 364-jj. Special advisory review panel on Medicaid managed care.\\n(a) There is hereby established a special advisory review panel on\\nMedicaid managed care. The panel shall consist of sixteen members who\\nshall be appointed as follows: six by the governor, one of which shall\\nserve as the chair; four each by the temporary president of the senate\\nand the speaker of the assembly; and one each by the minority leader of\\nthe senate and the minority leader of the assembly. At least three\\nmembers of such panel shall be members of the joint advisory panel\\nestablished under section 13.40 of the mental hygiene law. The panel\\nshall include a consumer representative for individuals with behavioral\\nhealth needs, a consumer representative for individuals who are dually\\neligible for medicare and Medicaid, a representative of entities that\\nprovide or arrange for the provision of services to individuals with\\nbehavioral health needs, and a representative of entities that provide\\nor arrange for the provision of services to individuals who are dually\\neligible for medicare and Medicaid. Members shall serve without\\ncompensation but shall be reimbursed for appropriate expenses. The\\ndepartment shall provide technical assistance and access to data as is\\nrequired for the panel to effectuate the mission and purposes\\nestablished herein.\\n (b) The panel shall:\\n (i) determine whether there is sufficient managed care provider\\nparticipation in the Medicaid managed care program;\\n (ii) determine whether managed care providers meet proper enrollment\\ntargets that permit as many Medicaid recipients as possible to make\\ntheir own health plan decisions, thus minimizing the number of automatic\\nassignments;\\n (iii) review the phase-in schedule for enrollment, of managed care\\nproviders under both the voluntary and mandatory programs;\\n (iv) assess the impact of managed care provider marketing and\\nenrollment strategies, and the public education campaign conducted in\\nNew York city, on enrollees participation in Medicaid managed care\\nplans;\\n (v) evaluate the adequacy of managed care provider capacity by\\nreviewing established capacity measurements and monitoring actual access\\nto plan practitioners;\\n (vi) examine the cost implications of populations excluded and\\nexempted from Medicaid managed care;\\n (vii) evaluate the adequacy and appropriateness of program materials;\\n (viii) examine trends in service denials;\\n (ix) assess the access to care for people with disabilities;\\n (x) in accordance with the recommendations of the joint advisory\\ncouncil established pursuant to section 13.40 of the mental hygiene law,\\nadvise the commissioners of health and developmental disabilities with\\nrespect to the oversight of DISCOs and of health maintenance\\norganizations and managed long term care plans providing services\\nauthorized, funded, approved or certified by the office for people with\\ndevelopmental disabilities, and review all managed care options provided\\nto persons with developmental disabilities, including: the adequacy of\\nsupport for habilitation services; the record of compliance with\\nrequirements for person-centered planning, person-centered services and\\ncommunity integration; the adequacy of rates paid to providers in\\naccordance with the provisions of paragraph 1 of subdivision four of\\nsection forty-four hundred three of the public health law, paragraph\\n(a-2) of subdivision eight of section forty-four hundred three of the\\npublic health law or paragraph (a-2) of subdivision twelve of section\\nforty-four hundred three-f of the public health law; and the quality of\\nlife, health, safety and community integration of persons with\\ndevelopmental disabilities enrolled in managed care; and\\n (xi) examine other issues as it deems appropriate.\\n (c) Commencing January first, nineteen hundred ninety-seven and\\nquarterly thereafter the panel shall submit a report regarding the\\nstatus of Medicaid managed care in the state and provide recommendations\\nif it deems appropriate to the governor, the temporary president and the\\nminority leader of the senate, and the speaker and the minority leader\\nof the assembly.\\n * NB Effective until December 31, 2025\\n * § 364-jj. Special advisory review panel on Medicaid managed care.\\n(a) There is hereby established a special advisory review panel on\\nMedicaid managed care. The panel shall consist of nine members who shall\\nbe appointed as follows: three by the governor, one of which shall serve\\nas the chair; two each by the temporary president of the senate and the\\nspeaker of the assembly; and one each by the minority leader of the\\nsenate and the minority leader of the assembly. All members shall be\\nappointed no later than September first, nineteen hundred ninety-six.\\nMembers shall serve without compensation but shall be reimbursed for\\nappropriate expenses. The department shall provide technical assistance\\nand access to data as is required for the panel to effectuate the\\nmission and purposes established herein.\\n (b) The panel shall:\\n (i) determine whether there is sufficient managed care provider\\nparticipation in the Medicaid managed care program;\\n (ii) determine whether managed care providers meet proper enrollment\\ntargets that permit as many Medicaid recipients as possible to make\\ntheir own health plan decisions, thus minimizing the number of automatic\\nassignments;\\n (iii) review the phase-in schedule for enrollment, of managed care\\nproviders under both the voluntary and mandatory programs;\\n (iv) assess the impact of managed care provider marketing and\\nenrollment strategies, and the public education campaign conducted in\\nNew York city, on enrollees participation in Medicaid managed care\\nplans;\\n (v) evaluate the adequacy of managed care provider capacity by\\nreviewing established capacity measurements and monitoring actual access\\nto plan practitioners;\\n (vi) examine the cost implications of populations excluded and\\nexempted from Medicaid managed care; and\\n (vii) examine other issues as it deems appropriate.\\n (c) Commencing January first, nineteen hundred ninety-seven and\\nquarterly thereafter the panel shall submit a report regarding the\\nstatus of Medicaid managed care in the state and provide recommendations\\nif it deems appropriate to the governor, the temporary president and the\\nminority leader of the senate, and the speaker and the minority leader\\nof the assembly.\\n * NB Effective December 31, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-KK", "title" : "Condition of Participation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "364-KK", "activeDate" : "2014-09-22", "sequenceNo" : 377, "repealedDate" : null, "fromSection" : "364-KK", "toSection" : "364-KK", "text" : " § 364-kk. Condition of Participation. 1. Notwithstanding any provision\\nof law to the contrary, in addition to the requirements for\\nparticipation in the medical assistance program as may be required to be\\nmet by nursing facilities and assisted living programs, such facilities\\nand programs, adult homes and enriched housing programs receiving\\npayment under this chapter shall enter into arrangements with social\\nservices districts to admit, on a priority basis, a number of\\nindividuals eligible to have medical assistance paid on their behalf who\\nare otherwise appropriate for nursing facility or other long-term\\nresidential care, as described in this section, and whose health and\\nsafety reasonably cannot be maintained in their own homes by the\\nprovision of personal care services, home health services, or other home\\nand community-based services, as determined by the local social services\\nofficial pursuant to standards promulgated by the department pursuant to\\nsection three hundred sixty-seven-m of this chapter.\\n 2. The department shall by regulation establish a method or formula\\nfor determining a fair and equitable distribution of priority admissions\\nunder this section in order that all providers of nursing home and\\nlong-term residential care services share the responsibility for\\naccepting placements required under subdivision one hereof, and accept\\nsuch placements, and that no one provider of nursing facility or\\nlong-term residential care, group or classification thereof is required\\nto accept a number of such placements as would jeopardize the\\nprofitability or viability of such provider, group of providers or\\nclassification of providers, or as would otherwise unduly burden or\\nimpair the operation, character or continuation of such provider, group\\nof providers, or classification of provider.\\n 3. The commissioners of health and social services shall monitor the\\nimplementation of this section and, on or before March first, nineteen\\nhundred ninety-six, report to the governor and legislature on such\\nimplementation and the effects thereof and shall include recommendations\\nfor continuation or other modifications to the provisions of this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-M", "title" : "Statewide patient centered medical home program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-22", "2019-04-19", "2022-04-22", "2025-05-30" ], "docLevelId" : "364-M", "activeDate" : "2022-04-22", "sequenceNo" : 378, "repealedDate" : null, "fromSection" : "364-M", "toSection" : "364-M", "text" : " * § 364-m. Statewide patient centered medical home program. 1. The\\ncommissioner of health is authorized to certify certain clinicians and\\nclinics as health care homes in order to improve health outcomes and\\nefficiency through patient care continuity and coordination of health\\nservices. These providers will be eligible for enhanced payments for\\nservices provided to: recipients eligible for Medicaid fee-for-service;\\nenrollees eligible for Medicaid managed care; enrollees eligible for and\\nenrolled in Family Health Plus organizations pursuant to title eleven-D\\nof this article (\"Family Health Plus\"); and enrollees eligible for and\\nenrolled in Child Health Plus. As used in this section \"clinic\" means a\\ngeneral hospital providing outpatient care or a diagnostic and treatment\\ncenter, licensed under article twenty-eight of the public health law.\\n 2. By December first, two thousand nine, the commissioner of health\\nshall develop and implement standards of certification for patient\\ncentered medical homes for Medicaid fee-for-service and Medicaid managed\\ncare, Family Health Plus and Child Health Plus programs. In developing\\nsuch standards, the commissioner of health shall: (a) consider existing\\nstandards developed by national accrediting and professional\\norganizations; and (b) consult with national and local organizations\\nworking on medical home models, physicians, hospitals, clinics, health\\nplans and consumers and their representatives.\\n 3. To maintain their certification, patient centered medical homes\\nmust: (a) renew their certification at a frequency determined by the\\ncommissioner of health; and (b) provide data to the department of health\\nand to health plans in which the patient is enrolled to permit the\\ncommissioner of health to evaluate the impact of patient centered\\nmedical homes on quality, outcomes and cost.\\n 4. Subject to the availability of funding and federal financial\\nparticipation, the commissioner of health is authorized:\\n (a) To pay enhanced rates of payment to clinics and clinicians that\\nare certified as patient centered medical homes under this section. Such\\nenhancements may be tiered based on the level of standard achieved by\\nthe clinician or clinic; and\\n (b) To pay additional amounts for patient centered medical homes that\\nmeet specific process or outcome standards specified by the commissioner\\nof health.\\n 5. By December thirty-first, two thousand twelve, the commissioner of\\nhealth shall report to the governor and the legislature on the impact of\\nthe statewide patient centered medical home program on quality, cost and\\noutcomes for enrollees in Medicaid fee-for-service, Medicaid managed\\ncare, Family Health Plus and Child Health Plus.\\n * NB Repealed April 1, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "364-N", "title" : "Diabetes and chronic disease self-management pilot program", "docType" : "SECTION", "publishedDates" : [ "2020-04-17", "2020-10-02" ], "docLevelId" : "364-N", "activeDate" : "2020-10-02", "sequenceNo" : 379, "repealedDate" : null, "fromSection" : "364-N", "toSection" : "364-N", "text" : " § 364-n. Diabetes and chronic disease self-management pilot program.\\nThe commissioner of health may establish a diabetes and chronic disease\\nself-management pilot program in one or more counties or regions of the\\nstate for the purpose of improving clinical outcomes. Payments under\\nsuch program may be made for education, consultation, and peer support\\nservices for persons with chronic health conditions, as defined by the\\ncommissioner, to be eligible to receive such services. The commissioner\\nis authorized to establish fees for such counseling services, subject to\\nthe approval of the director of the division of the budget. The\\nprovisions of this section shall not take effect unless all necessary\\napprovals under federal law and regulation have been obtained to receive\\nfederal financial participation for the costs of services provided under\\nthis section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365", "title" : "Responsibility for assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "365", "activeDate" : "2022-07-29", "sequenceNo" : 380, "repealedDate" : null, "fromSection" : "365", "toSection" : "365", "text" : " § 365. Responsibility for assistance. 1. Subject to supervision by the\\ndepartment: (a) each public welfare district shall furnish medical\\nassistance to the persons eligible therefor who reside in its territory,\\nexcept to persons for whom another public welfare district would be\\nresponsible under the provisions of paragraphs (b), (c), (d) or (g) of\\nsubdivision five of section sixty-two and other provisions of this\\nchapter, and except to persons for whom provision is made hereinafter in\\nsubdivision two. Temporary absence, within or without the state, of such\\npersons from such territory shall not effect their eligibility for such\\nassistance;\\n (b) each public welfare district shall also be responsible for\\nfurnishing medical assistance to eligible persons found in its\\nterritory, who are temporarily in the state;\\n (c) each public welfare district, in any case in which the appropriate\\nmedical care and services are not available within such district, shall\\nmake appropriate arrangements, including the provision of\\ntransportation, for obtaining such medical care and services outside\\nsuch district;\\n (d) each public welfare district may furnish all or any part of the\\nmedical assistance required to be furnished pursuant to this title,\\neither directly or by contract or agreement.\\n 2. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the department shall be responsible for furnishing\\nmedical assistance to eligible individuals: (a) who are sixty-five years\\nof age or older and who are patients in either state hospitals for the\\nmentally disabled operated by the state department of mental hygiene or\\nstate hospitals for the treatment of tuberculosis operated pursuant to\\nthe provisions of the public health law; (b) who are under twenty-one\\nyears of age and who are receiving psychiatric services in such state\\nhospitals for the mentally disabled which services conform to the state\\nplan implementive of this title and which a team consisting of\\nphysicians and other qualified personnel has determined are necessary on\\nan in-patient basis and can reasonably be expected to improve the\\ncondition requiring such services to the extent that eventually such\\nservices will no longer be necessary; in the case of a person who,\\nduring the course of hospitalization attains the age of twenty-one, such\\nservices may continue until he reaches the age of twenty-two; (c) who\\nare patients in that part of a public institution operated for the care\\nof individuals with developmental disabilities that has been approved\\npursuant to law as a hospital or nursing home; (d) who are under care\\nand treatment for drug dependence in a facility, or part thereof,\\noperated pursuant to the provisions of the mental hygiene law if and so\\nlong as federal aid is available therefor; (e) who are under care in a\\nhospital while they are on release from an institution in the state\\ndepartment of mental hygiene or who are drug dependent persons under\\ncare in a hospital while they are on release from a drug abuse treatment\\nfacility or part thereof operated in compliance with applicable\\nprovisions of law and supervised by the state division of substance\\nabuse services, for the purpose of receiving care in such hospital. The\\ndepartment may at its option discharge such responsibility, in whole or\\nin part, through social services districts designated to act as agents\\nof the department. While so designated, a social services district shall\\nact as agent of the department and shall be entitled to reimbursement as\\nprovided in section three hundred sixty-eight-a of this title.\\n 3. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the department shall be responsible for furnishing\\nmedical assistance to eligible veterans and their dependents (a) in that\\npart of the New York state home for veterans and their dependents at\\nOxford that has been approved pursuant to law as a nursing home, and (b)\\nin a hospital while on release from that home for the purpose of\\nreceiving care in such hospital. The department may at its option\\ndischarge such responsibility, in whole or in part, through social\\nservices districts designated to act as agents of the department. While\\nso designated, a social services district shall act as agent of the\\ndepartment and shall be entitled to reimbursement as provided in section\\nthree hundred sixty-eight-a of this title.\\n 4. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the department shall be responsible for furnishing\\nmedical assistance to eligible individuals: (a) who are patients in that\\npart of a public institution operated for the care of individuals with\\ndevelopmental disabilities that has been approved pursuant to law as an\\nintermediate care facility or who are participating in a program\\noperated by the department of mental hygiene or by a voluntary agency\\nunder an agreement with such department, in that part of such a facility\\nthat has been approved as a day treatment program in accordance with the\\nregulations of the state commissioner of mental hygiene; (b) who are\\nveterans and their dependents in that part of the New York state home\\nfor veterans and their dependents at Oxford that has been approved\\npursuant to law as an intermediate care facility; (c) such persons under\\ncare in a hospital while they are on release from such home for the\\npurpose of receiving care in such hospital; and (d) who are included in\\neither one of the model waivers or the general waiver described in\\nsubdivisions seven and nine of section three hundred sixty-six of this\\nchapter. The department may, at its option, discharge such\\nresponsibility, in whole or in part, through social services districts\\ndesignated to act as agents of the department. While so designated, a\\nsocial services district shall act as agent of the department and shall\\nbe entitled to reimbursements as provided in section three hundred\\nsixty-eight-a of this chapter.\\n 5. Any inconsistent provision of this chapter or other law\\nnotwithstanding the department shall be responsible for determining\\neligibility of and furnishing medical assistance to eligible persons\\nwhen such person is in need of such medical assistance at the time he is\\ndischarged or released or conditionally released from a state department\\nof mental hygiene facility pursuant to the mental hygiene law and when\\nsuch person was admitted to such facility and has been a patient therein\\nfor a continuous period of five or more years prior to his discharge or\\nrelease. For purposes of determining whether a person has been a patient\\nin such a facility for a continuous period of five years or more, if a\\nperson who has been discharged or released from such a facility is\\nthereafter returned to such a facility within ninety days of the\\ndischarge or release, the period of time between such discharge or\\nrelease and such return shall not constitute an interruption of, and\\nshall be counted as part of, the continuous period. The department may,\\nat its option, discharge its responsibility for eligibility\\ndeterminations or for providing medical assistance or both, in whole or\\nin part, through designated social services districts. While so\\ndesignated, a social services district shall act as agent of the\\ndepartment and shall be entitled to reimbursement of the full amount\\nexpended on behalf of the department as provided in section three\\nhundred sixty-eight-a of this article.\\n 6. Any inconsistent provisions of this chapter or other law\\nnotwithstanding, the department shall be responsible for determining\\neligibility for medical assistance for a person for whom the full cost\\nof such assistance is reimbursable by the state and who is in need of\\nsuch assistance at the time he is discharged or released or\\nconditionally released from a state hospital operated by the office of\\nmental health or a facility operated by the division of alcoholism and\\nalcohol abuse located on the grounds of such hospital. The department\\nmay at its option discharge such responsibility, in whole or in part,\\nthrough social services districts designated to act as agents of the\\ndepartment. While so designated, a social services district shall act as\\nagent of the department and shall be entitled to reimbursement as\\nprovided in section three hundred sixty-eight-a of this title.\\n 7. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the department may, with the consent of the\\ncommissioner of mental health, designate the office of mental health as\\nits agent to discharge its responsibility, or so much of its\\nresponsibility as is permitted by federal law, for determining\\neligibility for medical assistance pursuant to subdivisions two, five,\\nsix and eight of this section.\\n 8. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the department shall be responsible for determining\\neligibility of and furnishing medical assistance to eligible persons who\\nreside in residential care centers for adults or community residences\\noperated by the office of mental health. The department may, at its\\noption, discharge its responsibility for eligibility determinations or\\nfor providing medical assistance or both, in whole or in part, through\\ndesignated social services districts. While so designated, a social\\nservices district shall act as agent of the department and shall be\\nentitled to reimbursement as provided in section three hundred\\nsixty-eight-a of this article.\\n 9. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the social services district in which an eligible major\\npublic general hospital is physically located shall be responsible for\\nthe supplementary bad debt and charity care adjustment component of the\\nrate of payment for such major public general hospital (as determined in\\naccordance with subdivision fourteen-a of section twenty-eight hundred\\nseven-c of the public health law) for all inpatient hospital services\\nprovided by such major public general hospital in accordance with\\nsection three hundred sixty-five-a of this article, regardless of\\nwhether another social services district or the department may otherwise\\nbe responsible for furnishing medical assistance to the eligible persons\\nreceiving such inpatient services.\\n 10. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the social services district in which an eligible\\npublic general hospital is physically located shall be responsible for\\nthe supplementary low income patient adjustment component of the rate of\\npayment for such public general hospital (as determined in accordance\\nwith subdivision fourteen-d of section twenty-eight hundred seven-c of\\nthe public health law) for all inpatient hospital services provided by\\nsuch public general hospital in accordance with section three hundred\\nsixty-five-a of this article, regardless of whether another social\\nservices district or the department may otherwise be responsible for\\nfurnishing medical assistance to the eligible persons receiving such\\ninpatient services.\\n 11. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the social services district in which an eligible\\npublic residential health care facility is physically located shall be\\nresponsible for the adjustment component of the payments for such public\\nresidential health care facility as determined in accordance with\\nsubdivision twelve of section twenty-eight hundred eight of the public\\nhealth law for all residential health care facility services provided by\\nsuch public residential health care facility in accordance with section\\nthree hundred sixty-five-a of this article, regardless of whether\\nanother social services district or the department may otherwise be\\nresponsible for furnishing medical assistance to the eligible persons\\nreceiving such services.\\n 12. Any inconsistent provision of this chapter or other law\\nnotwithstanding, the social services district in which an eligible\\npublic general hospital is physically located shall be responsible for\\nthe public general hospital indigent care adjustment component of the\\npayments to such public general hospital (as determined in accordance\\nwith subdivision fourteen-f of section twenty-eight hundred seven-c of\\nthe public health law) for all inpatient hospital services provided by\\nsuch public general hospital in accordance with section three hundred\\nsixty-five-a of this article, regardless of whether another social\\nservices district or the department may otherwise be responsible for\\nfurnishing medical assistance to the eligible persons receiving such\\ninpatient services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-A", "title" : "Character and adequacy of assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2015-12-18", "2016-04-15", "2016-06-17", "2017-04-28", "2017-07-07", "2018-04-20", "2018-04-27", "2019-04-19", "2019-07-05", "2019-12-20", "2020-01-10", "2020-04-17", "2020-04-24", "2020-07-24", "2020-10-02", "2021-04-23", "2021-10-08", "2021-12-24", "2022-01-07", "2022-03-04", "2022-04-01", "2022-04-22", "2022-12-30", "2023-05-12", "2023-05-19", "2023-06-23", "2023-07-07", "2023-10-06", "2023-12-29", "2024-01-05", "2024-02-09", "2024-04-26", "2024-05-03", "2024-10-04", "2024-11-29", "2025-01-03", "2025-05-16", "2025-05-30", "2025-10-03", "2026-06-05" ], "docLevelId" : "365-A", "activeDate" : "2023-05-19", "sequenceNo" : 381, "repealedDate" : null, "fromSection" : "365-A", "toSection" : "365-A", "text" : " § 365-a. Character and adequacy of assistance. The amount, nature and\\nmanner of providing medical assistance for needy persons shall be\\ndetermined by the public welfare official with the advice of a physician\\nand in accordance with the local medical plan, this title, and the\\nregulations of the department.\\n 1. \"Benchmark coverage\" shall mean payment of part or all of the cost\\nof medically necessary medical, dental, and remedial care, services, and\\nsupplies described in subdivision two of this section, and to the extent\\nnot included therein, any essential benefits as defined in 42 U.S.C.\\n18022(b), with the exception of institutional long term care services;\\nsuch care, services and supplies shall be provided consistent with the\\nmanaged care program described in section three hundred sixty-four-j of\\nthis title.\\n 2. \"Standard coverage\" shall mean payment of part or all of the cost\\nof medically necessary medical, dental and remedial care, services and\\nsupplies, as authorized in this title or the regulations of the\\ndepartment, which are necessary to prevent, diagnose, correct or cure\\nconditions in the person that cause acute suffering, endanger life,\\nresult in illness or infirmity, interfere with such person's capacity\\nfor normal activity, or threaten some significant handicap and which are\\nfurnished an eligible person in accordance with this title and the\\nregulations of the department. Such care, services and supplies shall\\ninclude the following medical care, services and supplies, together with\\nsuch medical care, services and supplies provided for in subdivisions\\nthree, four and five of this section, and such medical care, services\\nand supplies as are authorized in the regulations of the department:\\n (a) services of qualified physicians, dentists, nurses, and private\\nduty nursing services shall be further subject to the provisions of\\nsection three hundred sixty-seven-o of this chapter, optometrists, and\\nother related professional personnel;\\n (b) care, treatment, maintenance and nursing services in hospitals,\\nnursing homes that qualify as providers in the medicare program pursuant\\nto title XVIII of the federal social security act, infirmaries or other\\neligible medical institutions, and health-related care and services in\\nintermediate care facilities, while operated in compliance with\\napplicable provisions of this chapter, the public health law, the mental\\nhygiene law and other laws, including any provision thereof requiring an\\noperating certificate or license, or where such facilities are not\\nconveniently accessible, in hospitals located without the state;\\nprovided, however, that care, treatment, maintenance and nursing\\nservices in nursing homes or in intermediate care facilities, including\\nthose operated by the state department of mental hygiene or any other\\nstate department or agency, shall, for persons who are receiving or who\\nare eligible for medical assistance under provisions of subparagraph\\nfour of paragraph (a) of subdivision one of section three hundred\\nsixty-six of this chapter, be limited to such periods of time as may be\\ndetermined necessary in accordance with a utilization review procedure\\nestablished by the state commissioner of health providing for a review\\nof medical necessity, in the case of skilled nursing care, every thirty\\ndays for the first ninety days and every ninety days thereafter, and in\\nthe case of care in an intermediate care facility, at least every six\\nmonths, or more frequently if indicated at the time of the last review,\\nconsistent with federal utilization review requirements; provided,\\nfurther, that in-patient care, services and supplies in a general\\nhospital shall not exceed such standards as the commissioner of health\\nshall promulgate but in no case greater than twenty days per spell of\\nillness during which all or any part of the cost of such care, services\\nand supplies are claimed as an item of medical assistance, unless it\\nshall have been determined in accordance with procedures and criteria\\nestablished by such commissioner that a further identifiable period of\\nin-patient general hospital care is required for particular patients to\\npreserve life or to prevent substantial risks of continuing disability;\\nprovided further, that in-patient care, services and supplies in a\\ngeneral hospital shall, in the case of a person admitted to such a\\nfacility on a Friday or Saturday, be deemed to include only those\\nin-patient days beginning with and following the Sunday after such date\\nof admission, unless such care, services and supplies are furnished for\\nan actual medical emergency or pre-operative care for surgery as\\nprovided in paragraph (d) of subdivision five of this section, or are\\nfurnished because of the necessity of emergency or urgent surgery for\\nthe alleviation of severe pain or the necessity for immediate diagnosis\\nor treatment of conditions which threaten disability or death if not\\npromptly diagnosed or treated; provided, however, in-patient days of a\\ngeneral hospital admission beginning on a Friday or a Saturday shall be\\nincluded commencing with the day of admission in a general hospital\\nwhich the commissioner or his designee has found to be rendering and\\nwhich continues to render full service on a seven day a week basis which\\ndetermination shall be made after taking into consideration such factors\\nas the routine availability of operating room services, diagnostic\\nservices and consultants, laboratory services, radiological services,\\npharmacy services, staff patterns consistent with full services and such\\nother factors as the commissioner or his designee deems necessary and\\nappropriate; provided, further, that in-patient care, services and\\nsupplies in a general hospital shall not include care, services and\\nsupplies furnished to patients for certain uncomplicated procedures\\nwhich may be performed on an out-patient basis in accordance with\\nregulations of the commissioner of health, unless the person or body\\ndesignated by such commissioner determines that the medical condition of\\nthe individual patient requires that the procedure be performed on an\\nin-patient basis;\\n (c) out-patient hospital or clinic services in facilities operated in\\ncompliance with applicable provisions of this chapter, the public health\\nlaw, the mental hygiene law and other laws, including any provisions\\nthereof requiring an operating certificate or license, including\\nfacilities authorized by the appropriate licensing authority to provide\\nintegrated mental health services, and/or alcoholism and substance abuse\\nservices, and/or physical health services, and/or services to persons\\nwith developmental disabilities, when such services are provided at a\\nsingle location or service site, or where such facilities are not\\nconveniently accessible, in any hospital located within the state and\\ncare and services in a day treatment program operated by the department\\nof mental hygiene or by a voluntary agency under an agreement with such\\ndepartment in that part of a public institution operated and approved\\npursuant to law as an intermediate care facility for persons with\\ndevelopmental disabilities; and provided, that the commissioners of\\nhealth, mental health, alcoholism and substance abuse services and the\\noffice for people with developmental disabilities may issue regulations,\\nincluding emergency regulations promulgated prior to October first, two\\nthousand fifteen that are required to facilitate the establishment of\\nintegrated services clinics. Any such regulations promulgated under this\\nparagraph shall be described in the annual report required pursuant to\\nsection forty-five-c of part A of chapter fifty-six of the laws of two\\nthousand thirteen;\\n (d) home health services provided in a recipient's home and prescribed\\nby a physician including services of a nurse provided on a part-time or\\nintermittent basis rendered by an approved home health agency or if no\\nsuch agency is available, by a registered nurse, licensed to practice in\\nthis state, acting under the written orders of a physician and home\\nhealth aide service by an individual or shared aide provided by an\\napproved home health agency when such services are determined to be cost\\neffective and appropriate to meet the recipient's needs for assistance\\nsubject to the provisions of section three hundred sixty-seven-j and\\nsection three hundred sixty-seven-o of this title;\\n (e) (i) personal care services, including personal emergency response\\nservices, shared aide and an individual aide, subject to the provisions\\nof subparagraphs (ii), (iii), (iv), (v) and (vi) of this paragraph,\\nfurnished to an individual who is not an inpatient or resident of a\\nhospital, nursing facility, intermediate care facility for individuals\\nwith intellectual disabilities, or institution for mental disease, as\\ndetermined to meet the recipient's needs for assistance when cost\\neffective and appropriate, and when prescribed by a qualified\\nindependent physician selected or approved by the department of health,\\nin accordance with the recipient's plan of treatment and provided by\\nindividuals who are qualified to provide such services, who are\\nsupervised by a registered nurse and who are not members of the\\nrecipient's family, and furnished in the recipient's home or other\\nlocation;\\n (ii) the commissioner is authorized to adopt standards, pursuant to\\nemergency regulation, for the provision, management and assessment of\\nservices available under this paragraph for individuals whose need for\\nsuch services exceeds a specified level to be determined by the\\ncommissioner, and who with the provision of such services is capable of\\nsafely remaining in the community in accordance with the standards set\\nforth in Olmstead v. LC by Zimring, 527 US 581 (1999) and consider\\nwhether an individual is capable of safely remaining in the community;\\n (iii) the commissioner shall provide assistance to persons receiving\\nservices under this paragraph who are transitioning to receiving care\\nfrom a managed long term care plan certified pursuant to section\\nforty-four hundred three-f of the public health law, consistent with\\nsubdivision thirty-one of section three hundred sixty-four-j of this\\ntitle;\\n (iv) personal care services available pursuant to this paragraph shall\\nnot exceed eight hours per week for individuals whose needs are limited\\nto nutritional and environmental support functions;\\n (v) subject to the availability of federal financial participation,\\npersonal care services other than personal emergency response services\\navailable pursuant to this paragraph shall be available only to\\nindividuals assessed as needing at least limited assistance with\\nphysical maneuvering with more than two activities of daily living, or\\nfor individuals with a dementia or Alzheimer's diagnosis, assessed as\\nneeding at least supervision with more than one activity of daily\\nliving, as defined and determined by using an evidenced based validated\\nassessment instrument approved by the commissioner and in accordance\\nwith regulations of the department and any applicable state and federal\\nlaws by an independent assessor. The provisions of this subparagraph\\nshall only apply to individuals who receive an initial authorization for\\nsuch services on or after October first, two thousand twenty;\\n (vi) In establishing any standards for the provision, management or\\nassessment of personal care services the state shall meet the standards\\nset forth in Olmstead v. LC by Zimring, 527 US 581 (1999) and consider\\nwhether an individual is capable of safely remaining in the community;\\n (f) preventive, prophylactic and other routine dental care, services\\nand supplies;\\n (g) sickroom supplies, eyeglasses, prosthetic appliances and dental\\nprosthetic appliances furnished in accordance with the regulations of\\nthe department; provided further that: (i) the commissioner of health is\\nauthorized to implement a preferred diabetic supply program wherein the\\ndepartment of health will receive enhanced rebates from preferred\\nmanufacturers of glucometers and test strips, and may subject\\nnon-preferred manufacturers' glucometers and test strips to prior\\nauthorization under section two hundred seventy-three of the public\\nhealth law; (ii) enteral formula therapy and nutritional supplements are\\nlimited to coverage only for nasogastric, jejunostomy, or gastrostomy\\ntube feeding, for treatment of an inborn metabolic disorder, or to\\naddress growth and development problems in children, or, subject to\\nstandards established by the commissioner, for persons with a diagnosis\\nof HIV infection, AIDS or HIV-related illness or other diseases and\\nconditions; (iii) prescription footwear and inserts are limited to\\ncoverage only when used as an integral part of a lower limb orthotic\\nappliance, as part of a diabetic treatment plan, or to address growth\\nand development problems in children; (iv) compression and support\\nstockings are limited to coverage only for pregnancy or treatment of\\nvenous stasis ulcers; and (v) the commissioner of health is authorized\\nto implement an incontinence supply utilization management program to\\nreduce costs without limiting access through the existing provider\\nnetwork, including but not limited to single or multiple source\\ncontracts or, a preferred incontinence supply program wherein the\\ndepartment of health will receive enhanced rebates from preferred\\nmanufacturers of incontinence supplies, and may subject non-preferred\\nmanufacturers' incontinence supplies to prior approval pursuant to\\nregulations of the department, provided any necessary approvals under\\nfederal law have been obtained to receive federal financial\\nparticipation in the costs of incontinence supplies provided pursuant to\\nthis subparagraph;\\n (g-1) drugs provided on an in-patient basis, those drugs contained on\\nthe list established by regulation of the commissioner of health\\npursuant to subdivision four of this section, and those drugs which may\\nnot be dispensed without a prescription as required by section\\nsixty-eight hundred ten of the education law and which the commissioner\\nof health shall determine to be reimbursable based upon such factors as\\nthe availability of such drugs or alternatives at low cost if purchased\\nby a medicaid recipient, or the essential nature of such drugs as\\ndescribed by such commissioner in regulations, provided, however, that\\nsuch drugs, exclusive of long-term maintenance drugs, shall be dispensed\\nin quantities no greater than a thirty day supply or one hundred doses,\\nwhichever is greater; provided further that the commissioner of health\\nis authorized to require prior authorization for any refill of a\\nprescription when more than a ten day supply of the previously dispensed\\namount should remain were the product used as normally indicated, or in\\nthe case of a controlled substance, as defined in section thirty-three\\nhundred two of the public health law, when more than a seven day supply\\nof the previously dispensed amount should remain were the product used\\nas normally indicated; provided further that the commissioner of health\\nis authorized to require prior authorization of prescriptions of opioid\\nanalgesics in excess of four prescriptions in a thirty-day period in\\naccordance with section two hundred seventy-three of the public health\\nlaw; medical assistance shall not include any drug provided on other\\nthan an in-patient basis for which a recipient is charged or a claim is\\nmade in the case of a prescription drug, in excess of the maximum\\nreimbursable amounts to be established by department regulations in\\naccordance with standards established by the secretary of the United\\nStates department of health and human services, or, in the case of a\\ndrug not requiring a prescription, in excess of the maximum reimbursable\\namount established by the commissioner of health pursuant to paragraph\\n(a) of subdivision four of this section;\\n (h) speech therapy, and when provided at the direction of a physician\\nor nurse practitioner, physical therapy including related rehabilitative\\nservices and occupational therapy;\\n (i) laboratory and x-ray services; and\\n (j) transportation when essential and appropriate to obtain medical\\ncare, services and supplies otherwise available under the medical\\nassistance program in accordance with this section, upon prior\\nauthorization, except when required in order to obtain emergency care,\\nand when not otherwise available to the recipient free of charge or\\nthrough a transportation program implemented pursuant to section three\\nhundred sixty-five-h of this title and approved by the commissioner of\\nhealth for which federal financial participation is claimed as an\\nadministrative cost;\\n * (k) care and services furnished by an entity offering a\\ncomprehensive health services plan, including an entity that has\\nreceived a certificate of authority pursuant to sections forty-four\\nhundred three, forty-four hundred three-a or forty-four hundred eight-a\\nof the public health law (as added by chapter six hundred thirty-nine of\\nthe laws of nineteen hundred ninety-six) or a health maintenance\\norganization authorized under article forty-three of the insurance law,\\nto eligible individuals residing in the geographic area served by such\\nentity, when such services are furnished in accordance with an agreement\\napproved by the department which meets the requirements of federal law\\nand regulations.\\n * NB Effective until December 31, 2024\\n * (k) care and services furnished by an entity offering a\\ncomprehensive health services plan to eligible individuals residing in\\nthe geographic area served by such entity, when such services are\\nfurnished in accordance with an agreement approved by the department\\nwhich meets the requirements of federal law and regulations.\\n * NB Effective December 31, 2024\\n (l) care and services of podiatrists which care and services shall\\nonly be provided upon referral by a physician, nurse practitioner or\\ncertified nurse midwife in accordance with the program of early and\\nperiodic screening and diagnosis established pursuant to subdivision\\nthree of this section or to persons eligible for benefits under title\\nXVIII of the federal social security act as qualified medicare\\nbeneficiaries in accordance with federal requirements therefor and\\nprivate duty nurses which care and services shall only be provided in\\naccordance with regulations of the department of health; provided,\\nhowever, that private duty nursing services shall not be restricted when\\nsuch services are more appropriate and cost-effective than nursing\\nservices provided by a home health agency pursuant to section three\\nhundred sixty-seven-l;\\n (m) hospice services provided by a hospice certified pursuant to\\narticle forty of the public health law, to the extent that federal\\nfinancial participation is available, and, notwithstanding federal\\nfinancial participation and any provision of law or regulation to the\\ncontrary, for hospice services provided pursuant to the hospice\\nsupplemental financial assistance program for persons with special needs\\nas provided for in article forty of the public health law.\\n * (n) care and services of audiologists provided in accordance with\\nregulations of the department of health.\\n * NB There are two ¶ (n)'s\\n * (n) care, treatment, maintenance and rehabilitation services that\\nwould otherwise qualify for reimbursement pursuant to this chapter to\\npersons suffering from alcoholism in alcoholism facilities or chemical\\ndependence, as such term is defined in section 1.03 of the mental\\nhygiene law, in inpatient chemical dependence facilities, services, or\\nprograms operated in compliance with applicable provisions of this\\nchapter and the mental hygiene law, and certified by the office of\\nalcoholism and substance abuse services, provided however that such\\nservices shall be limited to such periods of time as may be determined\\nnecessary in accordance with a utilization review procedure established\\nby the commissioner of the office of alcoholism and substance abuse\\nservices and provided further, that this paragraph shall not apply to\\nany hospital or part of a hospital as defined in section two thousand\\neight hundred one of the public health law.\\n * NB There are two ¶ (n)'s\\n * (o) care and services furnished by a managed long term care plan or\\napproved managed long term care demonstration pursuant to the provisions\\nof section forty-four hundred three-f of the public health law to\\neligible individuals residing in the geographic area served by such\\nentity, when such services are furnished in accordance with an agreement\\nwith the department of health and meet the applicable requirements of\\nfederal law and regulation.\\n * NB Repealed December 31, 2024\\n (p) targeted case management services provided to children who\\n (i) are eighteen years of age or under; and\\n (ii) either\\n (1) are physically disabled, according to the federal supplemental\\nsecurity income program criteria, including but not limited to a person\\nwho is multiply disabled; or\\n (2) have a developmental disability, as defined in subdivision\\ntwenty-two of section 1.03 of the mental hygiene law and demonstrate\\ncomplex health needs as defined in paragraph c of subdivision seven of\\nsection three hundred sixty-six of this title; or\\n (3) have a mental illness, as defined in subdivision twenty of section\\n1.03 of the mental hygiene law and demonstrate complex health or mental\\nhealth care needs as defined in paragraph d of subdivision nine of\\nsection three hundred sixty-six of this title; and\\n (iii) require the level of care provided by an intermediate care\\nfacility for the developmentally disabled, a nursing facility, a\\nhospital or any other institution; and\\n (iv) are capable of being cared for in the community if provided with\\ncase management services and/or other services provided under this\\ntitle; and\\n (v) are capable of being cared for in the community at less cost than\\nin the appropriate institutional setting; and\\n (vi) are not receiving services under section three hundred\\nsixty-seven-c of this title and for whom services provided under section\\nthree hundred sixty-seven-a of this title are not available or\\nsufficient to support the children's care in the community.\\n (q) diabetes self-management training services for persons diagnosed\\nwith diabetes when such services are ordered by a physician, registered\\nphysician assistant, registered nurse practitioner, or licensed midwife\\nand provided by a licensed, registered, or certified health care\\nprofessional, as determined by the commissioner of health, who is\\ncertified as a diabetes educator by the National Certification Board for\\nDiabetes Educators, or a successor national certification board, or\\nprovided by such a professional who is affiliated with a program\\ncertified by the American Diabetes Association, the American Association\\nof Diabetes Educators, the Indian Health Services, or any other national\\naccreditation organization approved by the federal centers for medicare\\nand medicaid services; provided, however, that the provisions of this\\nparagraph shall not take effect unless all necessary approvals under\\nfederal law and regulation have been obtained to receive federal\\nfinancial participation in the costs of health care services provided\\npursuant to this paragraph. Nothing in this paragraph shall be construed\\nto modify any licensure, certification or scope of practice provision\\nunder title eight of the education law.\\n (r) asthma self-management training services for persons diagnosed\\nwith asthma when such services are ordered by a physician, registered\\nphysician's assistant, registered nurse practitioner, or licensed\\nmidwife and provided by a licensed, registered, or certified health care\\nprofessional, as determined by the commissioner of health, who is\\ncertified as an asthma educator by the National Asthma Educator\\nCertification Board, or a successor national certification board;\\nprovided, however, that the provisions of this paragraph shall not take\\neffect unless all necessary approvals under federal law and regulation\\nhave been obtained to receive federal financial participation in the\\ncosts of health care services provided pursuant to this paragraph.\\nNothing in this paragraph shall be construed to modify any licensure,\\ncertification or scope of practice provision under title eight of the\\neducation law.\\n (s) smoking cessation counseling services; provided, however, that the\\nprovisions of this paragraph shall not take effect unless all necessary\\napprovals under federal law and regulation have been obtained to receive\\nfederal financial participation in the costs of such services.\\n (t) cardiac rehabilitation services when ordered by the attending\\nphysician and provided in a hospital-based or free-standing clinic in an\\narea set aside for cardiac rehabilitation, or in a physician's office;\\nprovided, however, that the provisions of this paragraph relating to\\ncardiac rehabilitation services shall not take effect unless all\\nnecessary approvals under federal law and regulation have been obtained\\nto receive federal financial participation in the costs of such\\nservices.\\n (u) screening, brief intervention, and referral to treatment of\\nindividuals at risk for substance abuse including referral to the\\nappropriate level of intervention and treatment in a community setting;\\nprovided, however, that the provisions of this paragraph relating to\\nscreening, brief intervention, and referral to treatment services shall\\nnot take effect unless all necessary approvals under federal law and\\nregulation have been obtained to receive federal financial participation\\nin such costs.\\n (v) administration of vaccinations in a pharmacy by a certified\\npharmacist within his or her scope of practice.\\n (w) podiatry services for individuals with a diagnosis of diabetes\\nmellitus; provided, however, that the provisions of this paragraph shall\\nnot take effect unless all necessary approvals under federal law and\\nregulation have been obtained to receive federal financial participation\\nin the costs of health care services provided pursuant to this\\nparagraph.\\n (x)(i) lactation counseling services for pregnant and postpartum women\\nwhen such services are ordered by a physician, physician assistant,\\nnurse practitioner, or midwife and provided by a qualified lactation\\ncare provider, as determined by the commissioner of health; provided,\\nhowever, that the provisions of this paragraph shall not take effect\\nunless all necessary approvals under federal law and regulation have\\nbeen obtained to receive federal financial participation in the costs of\\nhealth care services provided pursuant to this paragraph. Nothing in\\nthis paragraph shall be construed to modify any licensure, certification\\nor scope of practice provision under title eight of the education law.\\n (ii) for the purposes of this paragraph, the following terms shall\\nhave the following meanings:\\n (1) \"Qualified lactation care provider\" shall mean a person who\\npossesses current certification as a lactation care provider from a\\ncertification program accredited by a nationally recognized accrediting\\nagency.\\n (2) \"Nationally recognized accrediting agency\" shall mean a nationally\\nrecognized accrediting agency designated by the commissioner; provided\\nthat the commissioner shall designate more than one agency.\\n (y) harm reduction counseling and services to reduce or minimize the\\nadverse health consequences associated with drug use, provided by a\\nqualified drug treatment program or community-based organization, as\\ndetermined by the commissioner of health; provided, however, that the\\nprovisions of this paragraph shall not take effect unless all necessary\\napprovals under federal law and regulation have been obtained to receive\\nfederal financial participation in the costs of health care services\\nprovided pursuant to this paragraph. Nothing in this paragraph shall be\\nconstrued to modify any licensure, certification or scope of practice\\nprovision under title eight of the education law.\\n (z) hepatitis C wrap-around services to promote care coordination and\\nintegration when ordered by a physician, registered physician assistant,\\nregistered nurse practitioner, or licensed midwife, and provided by a\\nqualified professional, as determined by the commissioner of health.\\nSuch services may include client outreach, identification and\\nrecruitment, hepatitis C education and counseling, coordination of care\\nand adherence to treatment, assistance in obtaining appropriate\\nentitlement services, peer support and other supportive services;\\nprovided, however, that the provisions of this paragraph shall not take\\neffect unless all necessary approvals under federal law and regulation\\nhave been obtained to receive federal financial participation in the\\ncosts of health care services provided pursuant to this paragraph.\\nNothing in this paragraph shall be construed to modify any licensure,\\ncertification or scope of practice provision under title eight of the\\neducation law.\\n ** (aa) care and services furnished by a developmental disability\\nindividual support and care coordination organization (DISCO) that has\\nreceived a certificate of authority pursuant to section forty-four\\nhundred three-g of the public health law to eligible individuals\\nresiding in the geographic area served by such entity, when such\\nservices are furnished in accordance with an agreement approved by the\\ndepartment of health which meets the requirements of federal law and\\nregulations.\\n * NB Repealed December 31, 2025\\n (bb) Subject to the availability of federal financial participation,\\nservices and supports authorized by the federal regulations governing\\nthe Home and Community-Based Attendant Services and Supports State Plan\\nOption (Community First Choice) pursuant to 42 U.S.C. § 1396n(k).\\n (cc) care and services for surgical first assistant services provided\\nby a registered nurse first assistant provided that: (i) the registered\\nnurse first assistant is certified in operating room nursing; (ii) the\\nservices are within the scope of practice of a non-physician surgical\\nfirst assistant; and (iii) the terms and conditions of the policy or\\ncontract otherwise provide for the coverage of the services. Nothing in\\nthis paragraph shall be construed to prevent the medical management or\\nutilization review of the services; prevent a policy or contract from\\nrequiring that services are to be provided through a network of\\nparticipating providers who meet certain requirements for participation,\\nincluding provider credentialing; or prohibit an insurer from providing\\na global or capitated payment or electing to directly reimburse a\\nnon-physician surgical first assistant for the services, as otherwise\\npermitted by law.\\n (dd) pasteurized donor human milk (PDHM), which may include fortifiers\\nas medically indicated, for inpatient use, for which a licensed medical\\npractitioner has issued an order for an infant who is medically or\\nphysically unable to receive maternal breast milk or participate in\\nbreast feeding or whose mother is medically or physically unable to\\nproduce maternal breast milk at all or in sufficient quantities or\\nparticipate in breast feeding despite optimal lactation support. Such\\ninfant shall: (i) have a documented birth weight of less than one\\nthousand five hundred grams; or (ii) have a congenital or acquired\\ncondition that places the infant at a high risk for development of\\nnecrotizing enterocolitis; or (iii) have a congenital or acquired\\ncondition that may benefit from the use of donor breast milk as\\ndetermined by the commissioner of health or his or her designee.\\n (ee) Medical assistance shall include the coverage of a set of\\nservices to ensure improved outcomes of women who are in the process of\\novulation enhancing drugs, limited to the provision of such treatment,\\noffice visits, hysterosalpingogram services, pelvic ultrasounds, and\\nblood testing; services shall be limited to those necessary to monitor\\nsuch treatment. In the event that ninety percent federal financial\\nparticipation for such services is not available, the state share of\\nappropriations related to these services shall be used for a grant\\nprogram intended to accomplish the purpose of this section.\\n (ff) evidence-based prevention and support services recognized by the\\nfederal Centers for Disease Control (CDC), provided by a community-based\\norganization, and designed to prevent individuals at risk of developing\\ndiabetes from developing Type 2 diabetes.\\n * (gg) addiction and mental health services and supports provided by\\nfacilities licensed pursuant to article thirty-six of the mental hygiene\\nlaw.\\n * NB There are 3 par (gg)'s\\n * (gg) all buprenorphine products, methadone or long acting injectable\\nnaltrexone for detoxification or maintenance treatment of a substance\\nuse disorder prescribed according to generally accepted national\\nprofessional guidelines for the treatment of a substance use disorder.\\nSuch medication assisted treatment shall not be subject to any prior\\nauthorization mandate.\\n * NB There are 3 par (gg)'s\\n * (gg) care and services provided by mental health counselors and\\nmarriage and family therapists licensed pursuant to article one hundred\\nsixty-three of the education law acting within their scope of practice,\\nwhere such services would otherwise be covered under this title. Nothing\\nin this paragraph shall be construed to modify or expand the scope of\\npractice of a mental health counselor or marriage and family therapist\\nlicensed pursuant to article one hundred sixty-three of the education\\nlaw.\\n * NB There are 3 par (gg)'s\\n (hh) The commissioner is authorized to establish one or more maternal\\nhealth promotion pilot programs in one or more counties or regions of\\nthe state, for the purpose of providing Medicaid reimbursement of the\\nprenatal maternal childbirth education and preparation classes for\\nenrollees, and transportation to and from such classes, for the purpose\\nof improving maternal outcomes and reducing maternal-infant mortality.\\nThe commissioner is authorized to establish fees for the reimbursement\\nof such classes, subject to the approval of the state director of the\\nbudget.\\n (ii) Care and services provided by clinical social workers licensed\\npursuant to article one hundred fifty-four of the education law acting\\nwithin their scope of practice, where such services would otherwise be\\ncovered under this title.\\n * (jj) pre-natal and post-partum care and services for the purpose of\\nimproving maternal health outcomes and reduction of maternal mortality\\nwhen such services are recommended by a physician or other health care\\npractitioner authorized under title eight of the education law, and\\nprovided by qualified practitioners. Such services shall include but not\\nbe limited to nutrition services provided by certified dietitians and\\ncertified nutritionists; care coordination, case management, and peer\\nsupport; patient navigation services; services by licensed clinical\\nsocial workers; dyadic services; Bluetooth-enabled devices for remote\\npatient monitoring; and other services determined by the commissioner of\\nhealth; provided, however, that the provisions of this paragraph shall\\nnot take effect unless there is federal financial participation. Nothing\\nin this paragraph shall be construed to modify any licensure,\\ncertification or scope of practice provision under title eight of the\\neducation law.\\n * NB There are 2 par (jj)'s\\n * (jj) applied behavior analysis, under article one hundred\\nsixty-seven of the education law, provided by a person licensed,\\ncertified, or otherwise authorized to provide applied behavior analysis\\nunder that article.\\n * NB Effective June 21, 2023\\n * NB There are 2 par (jj)'s\\n * (kk) community health worker services which shall include, but not\\nbe limited to, culturally appropriate patient education, health care\\nnavigation, care coordination including the development of a care plan,\\npatient advocacy, and support services for the management of chronic\\nconditions for children under age twenty-one, and for adults with\\nhealth-related social needs, when such services are recommended by a\\nphysician or other health care practitioner authorized under title eight\\nof the education law, and provided by qualified community health\\nworkers, as determined by the commissioner of health; provided, however,\\nthat the provisions of this paragraph shall not take effect unless all\\nnecessary approvals under federal law and regulation have been obtained\\nto receive federal financial participation in the costs of health care\\nservices provided pursuant to this paragraph. Nothing in this paragraph\\nshall be construed to modify any licensure, certification or scope of\\npractice provision under title eight of the education law.\\n * NB Effective January 1, 2024\\n * NB There are 2 par (kk)'s\\n * (kk) care and services of nutritionists and dietitians certified\\npursuant to article one hundred fifty-seven of the education law acting\\nwithin their scope of practice.\\n * NB Effective July 1, 2023\\n * NB There are 2 par (kk)'s\\n * (ll) Chronic Disease Self-Management Program for persons diagnosed\\nwith arthritis when such services are ordered by a physician, registered\\nphysician's assistant, registered nurse practitioner, or licensed\\nmidwife and provided by qualified educators, as determined by the\\ncommissioner of health, subject to federal financial participation.\\nNothing in this paragraph shall be construed to modify any licensure,\\ncertification or scope of practice provision under title eight of the\\neducation law.\\n * NB Effective October 1, 2023\\n 3. Any inconsistent provisions of this section notwithstanding,\\nmedical assistance shall include:\\n (a) early and periodic screening and diagnosis of eligible persons\\nunder six years of age and, in accordance with federal law and\\nregulations, early and periodic screening and diagnosis of eligible\\npersons under twenty-one years of age to ascertain physical and mental\\ndisabilities; and\\n (b) care and treatment of disabilities and conditions discovered by\\nsuch screening and diagnosis including such care, services and supplies\\nas the commissioner shall by regulation require to the extent necessary\\nto conform to applicable federal law and regulations.\\n (c) screening, diagnosis, care and treatment of disabilities and\\nconditions discovered by such screening and diagnosis of eligible\\npersons ages three to twenty-one, inclusive, including such care,\\nservices and supplies as the commissioner shall by regulation require to\\nthe extent necessary to conform to applicable federal law and\\nregulations, provided that such screening, diagnosis, care and treatment\\nshall include the provision of evaluations and related services rendered\\npursuant to article eighty-nine of the education law and regulations of\\nthe commissioner of education by persons qualified to provide such\\nservices thereunder.\\n (d) family planning services and twelve months of supplies for\\neligible persons of childbearing age, including children under\\ntwenty-one years of age who can be considered sexually active, who\\ndesire such services and supplies, in accordance with the requirements\\nof federal law and regulations and the regulations of the department.\\nCoverage of prescription contraceptives shall include a twelve-month\\nsupply that may be dispensed at one time or up to twelve times within\\none year from the date of the prescription. No person shall be compelled\\nor coerced to accept such services or supplies.\\n 4. Any inconsistent provision of law notwithstanding, medical\\nassistance shall not include, unless required by federal law and\\nregulation as a condition of qualifying for federal financial\\nparticipation in the medicaid program, the following items of care,\\nservices and supplies:\\n (a) drugs which may be dispensed without a prescription as required by\\nsection sixty-eight hundred ten of the education law; provided, however,\\nthat the state commissioner of health may by regulation specify certain\\nof such drugs which may be reimbursed as an item of medical assistance\\nin accordance with the price schedule established by such commissioner.\\nNotwithstanding any other provision of law, additions to the list of\\ndrugs reimbursable under this paragraph may be filed as regulations by\\nthe commissioner of health without prior notice and comment;\\n (a-1) (i) a brand name drug for which a multi-source therapeutically\\nand generically equivalent drug, as determined by the federal food and\\ndrug administration, is available, unless previously authorized by the\\ndepartment of health. The commissioner of health is authorized to\\nexempt, for good cause shown, any brand name drug from the restrictions\\nimposed by this subparagraph;\\n (ii) notwithstanding the provisions of subparagraph (i) of this\\nparagraph, the commissioner is authorized to deny reimbursement for a\\ngeneric equivalent, including a generic equivalent that is on the\\npreferred drug list or the clinical drug review program, when the net\\ncost of the brand name drug, after consideration of all rebates, is less\\nthan the cost of the generic equivalent, unless prior authorization is\\nobtained under section two hundred seventy-three of the public health\\nlaw;\\n (a-2) drugs which may not be dispensed without a prescription as\\nrequired by section sixty-eight hundred ten of the education law, and\\nwhich are non preferred drugs pursuant to section two hundred\\nseventy-two of the public health law, or the clinical drug review\\nprogram under section two hundred seventy-four of the public health law,\\nunless prior authorization is granted or not required;\\n (b) care and services of chiropractors and supplies related to the\\npractice of chiropractic, except as provided for by the commissioner\\npursuant to a pilot program approved under federal law and regulation;\\n (c) care and services of an optometrist for using drugs in excess of\\nthe maximum reimbursable amounts for optometric care and services\\nestablished by the commissioner and approved by the director of the\\nbudget;\\n (d) any medical care, services or supplies furnished outside the\\nstate, except, when prior authorized in accordance with department\\nregulations or for care, services and supplies furnished: as a result of\\na medical emergency; because the recipient's health would have been\\nendangered if he or she had been required to travel to the state;\\nbecause the care, services or supplies were more readily available in\\nthe other state; or because it is the general practice for persons\\nresiding in the locality wherein the recipient resides to use medical\\nproviders in the other state;\\n (e) drugs, procedures and supplies for the treatment of erectile\\ndysfunction when provided to, or prescribed for use by, a person who is\\nrequired to register as a sex offender pursuant to article six-C of the\\ncorrection law, provided that any denial of coverage pursuant to this\\nparagraph shall provide the patient with the means of obtaining\\nadditional information concerning both the denial and the means of\\nchallenging such denial; or\\n (f) drugs for the treatment of sexual or erectile dysfunction, unless\\nsuch drugs are used to treat a condition, other than sexual or erectile\\ndysfunction, for which the drugs have been approved by the federal food\\nand drug administration.\\n (g) for eligible persons who are also beneficiaries under part D of\\ntitle XVIII of the federal social security act, drugs which are\\ndenominated as \"covered part D drugs\" under section 1860D-2(e) of such\\nact.\\n (h) opioids prescribed in violation of the treatment plan standards of\\nsubdivision eight of section thirty-three hundred thirty-one of the\\npublic health law or treatment plan standards as otherwise required by\\nthe commissioner.\\n 5. (a) Medical assistance shall include surgical benefits for\\nemergency or urgent surgery for the alleviation of severe pain, for\\nimmediate diagnosis or treatment of conditions which threaten disability\\nor death if not promptly diagnosed or treated.\\n (b) Medical assistance shall include surgical benefits for certain\\nsurgical procedures which meet standards for surgical intervention, as\\nestablished by the state commissioner of health on the basis of\\nmedically indicated risk factors, and medically necessary surgery where\\ndelay in surgical intervention would substantially increase the medical\\nrisk associated with such surgical intervention.\\n (c) Medical assistance shall include surgical benefits for other\\ndeferrable surgical procedures specified by the state commissioner of\\nhealth, based on the likelihood that deferral of such procedures for six\\nmonths or more may jeopardize life or essential function, or cause\\nsevere pain; provided, however, such deferrable surgical procedures\\nshall be included in the case of in-patient surgery only when a second\\nwritten opinion is obtained from a physician, or as otherwise\\nprescribed, in accordance with regulations established by the state\\ncommissioner of health, that such surgery should not be deferred.\\n (d) Medical assistance shall include a maximum of one patient day of\\npre-operative hospital care for surgery authorized by paragraphs (b) or\\n(c) of this subdivision; provided, however, that with respect to\\nspecific surgical procedures which the state commissioner of health has\\nidentified as requiring more than one patient day of pre-operative care,\\nmedical assistance shall include such longer maximum period of\\npre-operative care as such commissioner has identified as necessary.\\n (e) Medical assistance shall not include any in-patient surgical\\nprocedures or any care, services or supplies related to such surgery\\nother than those authorized by this subdivision.\\n 6. Any inconsistent provision of law notwithstanding, medical\\nassistance shall also include payment for medical care, services or\\nsupplies furnished to eligible pregnant women pursuant to paragraph (o)\\nof subdivision four of section three hundred sixty-six and subdivision\\nsix of section three hundred sixty-four-i of this title, to the extent\\nthat and for so long as federal financial participation is available\\ntherefor; provided, however, that nothing in this section shall be\\ndeemed to affect payment for such medical care, services or supplies if\\nfederal financial participation is not available for such care, services\\nand supplies solely by reason of the immigration status of the otherwise\\neligible pregnant woman.\\n 7. Medical assistance shall also include disproportionate share\\npayments to general hospitals under the public health law.\\n 8. When a non-governmental entity is authorized by the department\\npursuant to contract or subcontract to make prior authorization or prior\\napproval determinations that may be required for any item of medical\\nassistance, a recipient may challenge any action taken or failure to act\\nin connection with a prior authorization or prior approval determination\\nas if such determination were made by a government entity, and shall be\\nentitled to the same medical assistance benefits and standards and to\\nthe same notice and procedural due process rights, including a right to\\na fair hearing and aid continuing pursuant to section twenty-two of this\\nchapter, as if the prior authorization or prior approval determination\\nwere made by a government entity, without regard to expiration of the\\nprior service authorization.\\n 9. (a) Notwithstanding any inconsistent provision of law, any\\nutilization controls on occupational therapy or physical therapy,\\nincluding but not limited to, prior approval of services, utilization\\nthresholds or other limitations imposed on such therapy services in\\nrelation to a chronic condition in clinics certified under article\\ntwenty-eight of the public health law or article sixteen of the mental\\nhygiene law shall be: (i) developed by the department of health in\\nconcurrence with the office for people with developmental disabilities;\\nand (ii) in accord with nationally recognized professional standards. In\\nthe event that nationally recognized professional standards do not\\nexist, such thresholds shall be based upon the reasonably recognized\\nprofessional standards of those with a specific expertise in treating\\nindividuals served by clinics certified under article twenty-eight of\\nthe public health law or article sixteen of the mental hygiene law.\\n (b) Prior approval by the department of health of a physical therapy\\nevaluation or an occupational therapy evaluation by a qualified\\npractitioner practicing within the scope of such practitioner's\\nlicensure shall not be required. The department may require prior\\napproval for treatment as recommended by such an evaluation. In the\\nevent that prior approval is required, and the department fails to make\\na determination within eight days of presentation of a treatment request\\nfor physical or occupational therapy services, the department shall\\nautomatically approve four therapy visits. In the case of any denial of\\na prior approval request for physical therapy or occupational therapy,\\nthe department shall provide a reasonable opportunity for the qualified\\npractitioner to provide his or her assessment of the beneficiary's\\nphysical and functional status as documented in a treatment plan with\\nreasonable and obtainable goals. If, upon completion of such four\\ntherapy visits, the department has not yet rendered a determination on\\nthe request for physical or occupational therapy services, the\\ndepartment shall automatically approve an additional four therapy\\nvisits. Subsequent automatic approvals shall be issued in the same\\nmanner until such time as the department issues a determination, but in\\nno event shall such approvals exceed the number of services or the\\nperiod of time recommended by the evaluation. If the qualified\\npractitioner provides documentation that is in accord with reasonably\\nrecognized professional standards, the recommended treatment plan shall\\nbe final, and the prior approval request shall be approved.\\n 10. The department of health shall establish or procure the services\\nof an independent assessor or assessors no later than October 1, 2022,\\nin a manner and schedule as determined by the commissioner of health, to\\ntake over from local departments of social services, Medicaid Managed\\nCare providers, and Medicaid managed long term care plans performance of\\nassessments and reassessments required for determining individuals'\\nneeds for personal care services, including as provided through the\\nconsumer directed personal assistance program, and other services or\\nprograms available pursuant to the state's medical assistance program as\\ndetermined by such commissioner for the purpose of improving efficiency,\\nquality, and reliability in assessment and to determine individuals'\\neligibility for Medicaid managed long term care plans. Notwithstanding\\nthe provisions of section one hundred sixty-three of the state finance\\nlaw, or sections one hundred forty-two and one hundred forty-three of\\nthe economic development law, or any contrary provision of law,\\ncontracts may be entered or the commissioner may amend and extend the\\nterms of a contract awarded prior to the effective date and entered into\\nto conduct enrollment broker and conflict-free evaluation services for\\nthe Medicaid program, if such contract or contract amendment is for the\\npurpose of procuring such assessment services from an independent\\nassessor. Contracts entered into, amended, or extended pursuant to this\\nsubdivision shall not remain in force beyond September 30, 2025.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-B", "title" : "Local medical plans: professional directors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "365-B", "activeDate" : "2014-09-22", "sequenceNo" : 382, "repealedDate" : null, "fromSection" : "365-B", "toSection" : "365-B", "text" : " § 365-b. Local medical plans: professional directors. 1. A local\\nsocial services medical plan shall be developed and maintained by each\\nsocial services district under the guidance or direction of a\\nprofessional director. Such plan shall conform to the regulations of the\\ndepartment and shall be submitted to the department and the state\\ndepartment of health for review, certification and approval pursuant to\\nthe regulations of the department and this title.\\n 2. The commissioner of social services of each social services\\ndistrict shall appoint a person, possessing the qualifications\\nestablished by the public health and health planning council and\\npromulgated by the department pursuant to section three hundred\\nsixty-four of this title, to serve on a full or part-time basis. Each\\nprofessional director shall serve under the general direction of the\\ncommissioner of social services and shall have the responsibility for\\nsupervising the program of medical assistance for needy persons in his\\nsocial services district, pursuant to the regulations of the department.\\nThe state commissioner of health may authorize two or more social\\nservices districts to appoint the same person to serve as professional\\ndirector in each of such districts.\\n 3. In addition to any other duty or responsibility which may be\\nassigned or delegated pursuant to law or regulation, each professional\\ndirector shall be responsible for monitoring the professional\\nactivities, directly related to the program, of providers practicing in\\nhis social services district, and shall take all steps required or\\nauthorized by law or regulation to ensure that such activities are in\\ncompliance with the provisions of this chapter, the public health law\\nand regulations promulgated thereunder, and do not violate the\\nprovisions of section sixty-five hundred nine of the education law or\\nregulations promulgated pursuant thereto.\\n 4. For purposes of this section \"provider\" shall mean any person\\nreceiving payment under this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-C", "title" : "Medical advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "365-C", "activeDate" : "2014-09-22", "sequenceNo" : 383, "repealedDate" : null, "fromSection" : "365-C", "toSection" : "365-C", "text" : " § 365-c. Medical advisory committee. 1. A medical advisory committee\\nis hereby established to consist of twenty members who shall be\\nappointed by the governor, by and with the advice and consent of the\\nsenate, for the following terms: seven shall be appointed for a term to\\nexpire on May thirty-first, nineteen hundred seventy-four: seven shall\\nbe appointed for a term to expire on May thirty-first, nineteen hundred\\nseventy-five: and six shall be appointed for a term to expire on May\\nthirty-first, nineteen hundred seventy-six. Thereafter members\\nappointed upon expiration of a term of office shall be appointed for a\\nterm of three years. Vacancies caused by death, resignation or refusal\\nto act or by removal from the state shall be filled for the unexpired\\nterm only. At least seven members of such committee shall be duly\\nlicensed physicians. The governor shall designate a chairman from among\\nthe members of the medical advisory committee, to serve as such at the\\npleasure of the governor. In appointing the members of the medical\\nadvisory committee, the governor shall give consideration to\\nprofessional qualifications and experience and to achieving\\nrepresentation of the professions of medicine, osteopathy, podiatry,\\nmental health, social work, dentistry, optometry, chiropractic, physical\\ntherapy, pharmacy, nursing, hospital and health administration and\\neducation for the health professions, of public and private agencies in\\nthe field of medical assistance, and of recipients and consumers of\\nmedical assistance for needy persons.\\n 2. The medical advisory committee shall advise the commissioner with\\nrespect to health and medical care services provided pursuant to this\\ntitle.\\n 3. The medical advisory committee shall meet at least once a year.\\nSpecial meetings may be called by the chairman, and shall be called by\\nhim at the request of the governor or the commissioner.\\n 4. No member of the medical advisory committee shall be disqualified\\nfrom holding any other public office or employment, nor shall he forfeit\\nany such office or employment by reason of his employment hereunder,\\nnotwithstanding the provisions of any general, special or local law,\\nordinance or charter.\\n 5. The members of the medical advisory committee shall receive no\\ncompensation for their services, but shall be allowed their actual and\\nnecessary expenses incurred in the performance of their duties\\nhereunder.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-D", "title" : "Medicaid evidence based benefit review advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01" ], "docLevelId" : "365-D", "activeDate" : "2015-05-01", "sequenceNo" : 384, "repealedDate" : null, "fromSection" : "365-D", "toSection" : "365-D", "text" : " § 365-d. Medicaid evidence based benefit review advisory committee. 1.\\nThe department shall convene a Medicaid evidence based benefit review\\nadvisory committee. The committee shall provide advice and make\\nrecommendations regarding coverage of health technology or service for\\npurposes of the medical assistance program. The commissioner shall\\nconsult such committee prior to any determination made regarding the\\ncoverage status of a particular item, health technology or service based\\non procedures established in subdivision five of this section under the\\nmedical assistance program. For purposes of this section, \"health\\ntechnology\" means medical devices and surgical procedures used in the\\nprevention, diagnosis and treatment of disease and other medical\\nconditions. For purposes of this section \"services\" means any medical or\\nbehavioral health procedure.\\n 2. (a) The membership of such committee shall, at a minimum, include:\\n (i) at least three persons licensed and actively engaged in the\\npractice of medicine in this state;\\n (ii) one person licensed and actively engaged in the practice of\\nnursing as a nurse practitioner, or in the practice of midwifery in this\\nstate;\\n (iii) one person with expertise in health technology assessment or\\nevidence based medical review who is preferably a health care\\nprofessional licensed under title eight of the education law;\\n (iv) three persons who shall be consumers or representatives of\\norganizations with a regional or statewide constituency and who have\\nbeen involved in activities related to health care consumer advocacy;\\n (v) one person who is a representative of a hospital organization with\\na regional, national or statewide constituency;\\n (vi) one person who is a representative of a health insurance or\\nmanaged care organization with a regional, statewide or national\\nconstituency;\\n (vii) one person who is a health economist;\\n (viii) one person with health care expertise who is appointed by the\\ntemporary president of the senate;\\n (ix) one person with health care expertise who is appointed by the\\nspeaker of the assembly;\\n (x) a member of the department who shall act as chairperson as\\ndesignated by the commissioner; and\\n (xi) the committee may invite and consult with scientific, technical,\\nor clinical experts with demonstrable experience or knowledge of the\\ntechnology or medical specialty area under review.\\n 3. The department shall provide video or audio access to all meetings\\nof such committee through the department's website.\\n 4. The members of the committee shall receive no compensation for\\ntheir services but shall be reimbursed for expenses actually and\\nnecessarily incurred in the performance of their duties unless expressly\\nstated otherwise in this section, members shall be appointed by the\\ncommissioner. Members shall serve three year terms, and may be\\nreappointed for subsequent terms. Committee members shall be deemed to\\nbe employees of the department for purposes of section seventeen of the\\npublic officers law, and shall not participate in any matter before the\\ncommittee for which a conflict of interest exists.\\n 5. The committee shall consider any matter regarding material changes\\nin the coverage status of a particular item, health technology or\\nservice, and any matter relative to new health technology assessment or\\nmedical evidence review for which the department determines a sufficient\\nbody of evidence exists to warrant committee deliberation. The\\ncommissioner shall provide members of the committee with any evidence or\\ninformation related to the health technology or medical service\\nassessment including but not limited to, information submitted by\\nmembers of the public. The department shall report to the committee\\nprogrammatic changes to benefits that do not rise to the level of a\\nmaterial change, as well as determinations of when sufficient medical\\nevidence exists to warrant committee deliberations. The commissioner\\nshall provide forty-five days public notice on the department's website\\nprior to any meeting of the committee to develop recommendations\\nconcerning health technology or medical service coverage determinations.\\nSuch notice shall include a description of the proposed health\\ntechnology or service to be reviewed, the conditions or diseases\\nimpacted by the health technology or service, the proposals to be\\nconsidered by the committee, and the systematic evidence-based\\nassessment prepared in accordance with this subdivision. The committee\\nshall allow interested parties a reasonable opportunity to make an oral\\npresentation to the committee related to the health technology or\\nservice to be reviewed and to submit written information. The committee\\nshall consider any information provided by any interested party,\\nincluding, but not limited to, health care providers, health care\\nfacilities, patients, consumers and manufacturers. For all health\\ntechnologies or services selected for review, the department shall\\nconduct or commission a systematic evidence-based assessment of the\\nhealth technology's or service's safety and clinical efficacy. The\\nassessment shall use established systematic review elements, study\\nquality assessment, and data synthesis. Upon completion, the systematic,\\nevidence-based assessment shall be made available to the public.\\n 6. The commissioner shall provide notice of any coverage\\nrecommendations developed by the committee by making such information\\navailable on the department's website. Such public notice shall include:\\na summary of the deliberations of the committee; a summary of the\\npositions of those making public comments at meetings of the committee\\nand any safety and health outcomes data submitted by any interested\\nparty; the response of the committee to those comments, if any; the\\nclinical evidence upon which the committee bases its recommendations;\\nand the findings and recommendations of the committee including a final\\nevidence-based systematic assessment.\\n 7. The commissioner shall provide public notice on the department's\\nwebsite of the committee's recommendation and the department's final\\ndetermination, including: the nature of the determination; an analysis\\nof the impact of the department's determination on the state Medicaid\\nplan populations and providers; and the projected fiscal impact to the\\nstate Medicaid program.\\n 8. The recommendations of the committee, made pursuant to this\\nsection, shall be based on a review of the evidence presented to the\\ncommittee, including the clinical effectiveness, patient outcomes,\\nimpact on at risk and underserved populations, and safety. The committee\\nshall review previous recommendations of the committee as new evidence\\nbecomes available and permit oral presentations and the submission of\\nnew evidence at any committee meeting. Such review shall occur pursuant\\nto the procedure established in subdivisions five and six of this\\nsection. The department may alter or revoke the final determination\\nafter such review pursuant to the procedure established in subdivision\\nseven of this section.\\n 9. The department shall provide administrative support to the\\ncommittee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-E", "title" : "Optional or continued membership in entities offering comprehensive health services plans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "365-E", "activeDate" : "2014-09-22", "sequenceNo" : 385, "repealedDate" : null, "fromSection" : "365-E", "toSection" : "365-E", "text" : " § 365-e. Optional or continued membership in entities offering\\ncomprehensive health services plans. 1. In accordance with applicable\\nfederal requirements and subject to the approval of the commissioner and\\nthe director of the budget, a district shall offer to persons eligible\\nfor medical assistance the option of membership in any health\\nmaintenance organization or other entity which is certified under\\narticle forty-four of the public health law or licensed pursuant to\\narticle nine-C of the insurance law or otherwise authorized by law, and\\nwhich offers comprehensive health services plans to persons residing\\nwithin the social services district unless granted a waiver by the\\ncommissioner on the grounds that the organization or entity is not\\ngeographically accessible so as to provide medical assistance to\\neligible recipients who reside within the district or that the per\\nrecipient capitation rate is above the expected average per recipient\\nfee-for-service cost within the local district or that the health\\nmaintenance organization or other entity refuses to enter into a\\ncontract with the district.\\n 2. Nothwithstanding any inconsistent provision of law, persons who,\\nprior to becoming eligible for medical assistance, are enrolled in a\\nhealth maintenance organization or other entity offering a comprehensive\\nhealth services plan shall be offered the option of continuing that\\nenrollment.\\n 3. The commissioner shall offer to social services districts such\\ntechnical assistance as may be appropriate to assist in the development\\nof contracts between the districts and such entities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-F", "title" : "Consumer directed personal assistance program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-04-08", "2017-04-28", "2017-12-22", "2018-01-05", "2018-04-20", "2019-04-19", "2019-05-03", "2020-01-10", "2020-04-17", "2020-10-02", "2021-04-23", "2022-04-22", "2024-05-03" ], "docLevelId" : "365-F", "activeDate" : "2022-04-22", "sequenceNo" : 386, "repealedDate" : null, "fromSection" : "365-F", "toSection" : "365-F", "text" : " § 365-f. Consumer directed personal assistance program. 1. Purpose and\\nintent. The consumer directed personal assistance program is intended to\\npermit chronically ill and/or physically disabled individuals receiving\\nhome care services under the medical assistance program greater\\nflexibility and freedom of choice in obtaining such services. The\\ndepartment shall regularly monitor district participation in the program\\nby reviewing the implementation plans submitted pursuant to this\\nsection. The department shall provide guidance to the districts to\\nimprove compliance with implementation plans and promote consistency\\namong counties regarding approved service levels based on the\\nassessments required by this section. In addition, the department shall\\nprovide technical assistance and such other assistance as may be\\nnecessary to assist such districts in assuring access to the program for\\neligible individuals.\\n 2. Eligibility. All eligible individuals receiving home care shall\\nhave the opportunity to apply for participation in the program no less\\nthan annually. Each social services district shall file an\\nimplementation plan with the commissioner of the department of health,\\nwhich shall be updated annually. Such updates shall be submitted no\\nlater than November thirtieth of each year. Beginning on June thirtieth,\\ntwo thousand nine, the plans and updates submitted by districts shall\\nrequire the approval of the department. Implementation plans shall\\ninclude district enrollment targets, describe methods for the provision\\nof notice and assistance to interested individuals eligible for\\nenrollment in the program, and shall contain such other information as\\nshall be required by the department. An \"eligible individual\", for\\npurposes of this section is a person who:\\n (a) is eligible for long term care and services provided by a\\ncertified home health agency, long term home health care program or AIDS\\nhome care program authorized pursuant to article thirty-six of the\\npublic health law, or is eligible for personal care services provided\\npursuant to this article, and who with the provision of such services is\\ncapable of safely remaining in the community in accordance with the\\nstandards set forth in Olmstead v. LC by Zimring, 527 US 581 (1999) and\\nconsider whether an individual is capable of safely remaining in the\\ncommunity;\\n (b) is eligible for medical assistance;\\n (c) has been determined by the social services district, pursuant to\\nan assessment of the person's appropriateness for the program, conducted\\nwith an appropriate long term home health care program, a certified home\\nhealth agency, or an AIDS home care program or pursuant to the personal\\ncare program, as being in need of home care services or private duty\\nnursing and as needing at least limited assistance with physical\\nmaneuvering with more than two activities of daily living, or for\\npersons with a dementia or Alzheimer's diagnosis, as needing at least\\nsupervision with more than one activity of daily living, provided that\\nthe provisions related to activities of daily living in this paragraph\\nshall only apply to persons who initially seek eligibility for the\\nprogram on or after October first, two thousand twenty, and who is able\\nand willing or has a designated representative, including a legal\\nguardian able and willing to make informed choices, or a designated\\nrelative or other adult who is able and willing to assist in making\\ninformed choices, as to the type and quality of services, including but\\nnot limited to such services as nursing care, personal care,\\ntransportation and respite services; and\\n (d) meets such other criteria, as may be established by the\\ncommissioner, which are necessary to effectively implement the\\nobjectives of this section.\\n 3. Division of responsibilities. Eligible individuals who elect to\\nparticipate in the program assume the responsibility for services under\\nsuch program as mutually agreed to by the eligible individual and\\nprovider and as documented in the eligible individual's record,\\nincluding, but not limited to, recruiting, hiring and supervising their\\npersonal assistants. For the purposes of this section, personal\\nassistant shall mean an adult who has obtained an individual unique\\nidentifier from the state by or before a date determined by the\\ncommissioner of health in consultation with the Medicaid inspector\\ngeneral, and provides services under this section to the eligible\\nindividual under the eligible individual's instruction, supervision and\\ndirection or under the instruction, supervision and direction of the\\neligible individual's designated representative, provided that a person\\nlegally responsible for an eligible individual's care and support, an\\neligible individual's spouse or designated representative may not be the\\npersonal assistant for the eligible individual; however, a personal\\nassistant may include any other adult relative of the eligible\\nindividual, provided, however, that the program determines that the\\nservices provided by such relative are consistent with an individual's\\nplan of care and that the aggregate cost for such services does not\\nexceed the aggregate costs for equivalent services provided by a\\nnon-relative personal assistant. Any personal information submitted to\\nobtain such unique identifier shall be maintained as confidential\\npursuant to article six-A of the public officers law (\"New York state\\nprivacy protection law\"). Such individuals shall be assisted as\\nappropriate with service coverage, supervision, advocacy and management.\\nProviders shall not be liable for fulfillment of responsibilities agreed\\nto be undertaken by the eligible individual. This subdivision, however,\\nshall not diminish the participating provider's liability for failure to\\nexercise reasonable care in properly carrying out its responsibilities\\nunder this program, which shall include monitoring such individual's\\ncontinuing ability to fulfill those responsibilities documented in his\\nor her records. Failure of the individual to carry out his or her agreed\\nto responsibilities may be considered in determining such individual's\\ncontinued appropriateness for the program.\\n 4-a. Fiscal intermediary services. (a) For the purposes of this\\nsection:\\n (i) \"Fiscal intermediary\" means an entity that provides fiscal\\nintermediary services and has a contract for providing such services\\nwith the department of health and is selected through the procurement\\nprocess described in paragraphs (b), (b-1), (b-2) and (b-3) of this\\nsubdivision. Eligible applicants for contracts shall be entities that\\nare capable of appropriately providing fiscal intermediary services,\\nperforming the responsibilities of a fiscal intermediary, and complying\\nwith this section, including but not limited to entities that:\\n (A) are a service center for independent living under section one\\nthousand one hundred twenty-one of the education law; or\\n (B) have been established as fiscal intermediaries prior to January\\nfirst, two thousand twelve and have been continuously providing such\\nservices for eligible individuals under this section.\\n (ii) Fiscal intermediary services shall include the following\\nservices, performed on behalf of the consumer to facilitate his or her\\nrole as the employer:\\n (A) wage and benefit processing for consumer directed personal\\nassistants;\\n (B) processing all income tax and other required wage withholdings;\\n (C) complying with workers' compensation, disability and unemployment\\nrequirements;\\n (D) maintaining personnel records for each consumer directed personal\\nassistant, including time records and other documentation needed for\\nwages and benefit processing and a copy of the medical documentation\\nrequired pursuant to regulations established by the commissioner;\\n (E) ensuring that the health status of each consumer directed personal\\nassistant is assessed prior to service delivery pursuant to regulations\\nissued by the commissioner;\\n (F) maintaining records of service authorizations or reauthorizations;\\n (G) monitoring the consumer's or, if applicable, the designated\\nrepresentative's continuing ability to fulfill the consumer's\\nresponsibilities under the program and promptly notifying the\\nauthorizing entity of any circumstance that may affect the consumer's\\nor, if applicable, the designated representative's ability to fulfill\\nsuch responsibilities;\\n (H) complying with regulations established by the commissioner\\nspecifying the responsibilities of fiscal intermediaries providing\\nservices under this title;\\n (I) entering into a department approved memorandum of understanding\\nwith the consumer that describes the parties' responsibilities under\\nthis program; and\\n (J) other related responsibilities which may include, as determined by\\nthe commissioner, assisting consumers to perform the consumers'\\nresponsibilities under this section and department regulations in a\\nmanner that does not infringe upon the consumer's responsibilities and\\nself-direction.\\n (iii) Fiscal intermediaries are not responsible for, and fiscal\\nintermediary services shall not include, fulfillment of the\\nresponsibilities of the consumer or, if applicable, the consumer's\\ndesignated representative as established by the commissioner. A fiscal\\nintermediary's responsibilities shall not include, and a fiscal\\nintermediary shall not engage in: managing the plan of care including\\nrecruiting and hiring a sufficient number of individuals who meet the\\ndefinition of consumer directed personal assistant, as such term is\\ndefined by the commissioner, to provide authorized services that are\\nincluded on the consumer's plan of care; training, supervising and\\nscheduling each consumer directed personal assistant; terminating the\\nconsumer directed personal assistant's employment; or assuring that each\\nconsumer directed personal assistant competently and safely performs the\\npersonal care services, home health aide services and skilled nursing\\ntasks that are included on the consumer's plan of care. A fiscal\\nintermediary shall exercise reasonable care in properly carrying out its\\nresponsibilities under the program.\\n (b) Notwithstanding any inconsistent provision of section one hundred\\nsixty-three of the state finance law, or section one hundred forty-two\\nof the economic development law the commissioner shall enter into\\ncontracts under this subdivision with eligible contractors that submit\\nan offer for a contract, provided, however, that:\\n (i) the department shall post on its website:\\n (A) a description of the proposed services to be provided pursuant to\\ncontracts in accordance with this subdivision;\\n (B) that the selection of contractors shall be based on criteria\\nreasonably related to the contractors' ability to provide fiscal\\nintermediary services including but not limited to: ability to\\nappropriately serve individuals participating in the program, geographic\\ndistribution that would ensure access in rural and underserved areas,\\ndemonstrated cultural and language competencies specific to the\\npopulation of consumers and those of the available workforce, ability to\\nprovide timely consumer assistance, experience serving individuals with\\ndisabilities, the availability of consumer peer support, and\\ndemonstrated compliance with all applicable federal and state laws and\\nregulations, including but not limited to those relating to wages and\\nlabor;\\n (C) the manner by which prospective contractors may seek such\\nselection, which may include submission by electronic means;\\n (ii) all reasonable and responsive offers that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner;\\n (iii) the commissioner shall award such contracts to the contractors\\nthat best meet the criteria for selection and are best suited to serve\\nthe purposes of this section and the needs of consumers;\\n (iv) all entities providing fiscal intermediary services on or before\\nApril first, two thousand nineteen, shall submit an offer for a contract\\nunder this section within sixty days after the commissioner publishes\\nthe initial offer on the department's website. Such entities shall be\\ndeemed authorized to provide such services unless: (A) the entity fails\\nto submit an offer for a contract under this section within the sixty\\ndays; or (B) the entity's offer for a contract under this section is\\ndenied;\\n (v) all decisions made and approaches taken pursuant to this paragraph\\nshall be documented in a procurement record as defined in section one\\nhundred sixty-three of the state finance law; and\\n (vi) the commissioner is authorized to either reoffer contracts or\\nutilize the previous offer, to ensure that all provisions of this\\nsection are met.\\n (b-1) Following the initial selection of contractors on February\\neleventh, two thousand twenty-one, pursuant to the commissioner's\\nrequest for offers #20039 (\"RFO\") in accordance with this subdivision,\\nthe commissioner is instructed to accept the offer to enter into\\ncontracts with all applicants that were not initially selected on\\nFebruary eleventh, two thousand twenty-one, but that were qualified by\\nthe commissioner as meeting minimum requirements of the RFO, provided\\nthat such qualified applicants that were not initially selected attest\\nthat:\\n (i) the applicant was providing fiscal intermediary services for at\\nleast two hundred consumers in a city with a population of more than one\\nmillion at any time between January first, two thousand twenty and March\\nthirty-first, two thousand twenty; or\\n (ii) the applicant was providing fiscal intermediary services for at\\nleast fifty consumers in another area of the state at any time between\\nJanuary first, two thousand twenty and March thirty-first, two thousand\\ntwenty.\\n (b-2) Upon the publication of an attestation form or process to the\\ndepartment's website, the remaining qualified applicants described in\\nparagraph (b-1) of this subdivision shall have sixty days to submit an\\nattestation and all required supporting documentation to the\\ncommissioner.\\n (i) Any late submission shall disqualify the applicant from receiving\\na contract award under paragraph (b-1) of this subdivision.\\n (ii) The number of consumers served by an applicant during the period\\nbetween January first, two thousand twenty and March thirty-first, two\\nthousand twenty may be measured by the greatest number of consumers\\nserved in the specified region by the applicant on any day during that\\nperiod.\\n (iii) Applicant attestations shall be audited by the office of\\nMedicaid inspector general, and any false or inaccurate attestation\\nshall render any contract awarded under paragraph (b-1) of this\\nsubdivision null and void; this provision shall not be construed to\\nlimit or supersede any other applicable sanctions or penalties that may\\nbe imposed under the medical assistance program.\\n (b-3) Contracts awarded under paragraph (b-1) of this subdivision\\nshall be limited to the service areas indicated on the applicants'\\nsubmission to the RFO.\\n (c) (i) The commissioner shall require a fiscal intermediary to report\\nannually on the direct care and administrative costs of personal\\nassistance services as accounted for by the fiscal intermediary. The\\ndepartment shall specify the format of such reports, determine the type\\nand amount of information to be submitted, and require the submission of\\nsupporting documentation, provided, however, that the department shall\\nprovide no less than ninety calendar days' notice before such reports\\nare due.\\n (ii) If the department determines that the cost report submitted by a\\nprovider is inaccurate or incomplete, the department shall notify the\\nprovider in writing and advise the provider of the correction or\\nadditional information that the provider must submit. The provider must\\nsubmit the corrected or additional information within thirty calendar\\ndays from the date the provider receives the notice.\\n (iii) The department shall grant a provider an additional thirty\\ncalendar days to submit the original, corrected or additional cost\\nreport when the provider, prior to the date the report is due, submits a\\nwritten request to the department for an extension and establishes to\\nthe department's satisfaction that the provider cannot submit the report\\nby the date due for reasons beyond the provider's control.\\n (iv) All reports shall be certified by the owner, administrator, chief\\nexecutive officer, or public official responsible for the operation of\\nthe provider. The cost report form shall include a certification form,\\nwhich shall specify who must certify the report.\\n 4-b. Actions involving the authorization of a fiscal intermediary.\\n (a) The department may terminate a fiscal intermediary's contract\\nunder this section or suspend or limit the fiscal intermediary's rights\\nand privileges under the contract upon thirty day's written notice to\\nthe fiscal intermediary, if the commissioner finds that the fiscal\\nintermediary has failed to comply with the provisions of this section or\\nregulations promulgated hereunder. The written notice shall include:\\n (i) A description of the conduct and the issues related thereto that\\nhave been identified as failure of compliance; and\\n (ii) the time frame of the conduct that fails compliance.\\n (b) Notwithstanding the foregoing, upon determining that the public\\nhealth or safety would be imminently endangered by the continued\\noperation or actions of the fiscal intermediary, the commissioner may\\nterminate the fiscal intermediary's contract or suspend or limit the\\nfiscal intermediary's rights and privileges under the contract\\nimmediately upon written notice.\\n (c) All orders or determinations under this subdivision shall be\\nsubject to review as provided in article seventy-eight of the civil\\npractice law and rules.\\n 4-c. The commissioner shall convene and chair a stakeholder workgroup\\npertaining to fiscal intermediary services and the needs of consumers.\\nThe workgroup shall consist of, at a minimum, representatives of service\\ncenters for independent living; statewide associations of fiscal\\nintermediaries; representatives of managed care entities under article\\nforty-four of the public health law and local social service districts;\\nconsumers; and representatives of advocacy groups representing consumers\\nof services under this section. The workgroup shall be established no\\nlater than May fifteenth, two thousand nineteen. The workgroup shall\\nidentify and develop best practices pertaining to the delivery of fiscal\\nintermediary services; inform the criteria for use by the department for\\nthe selection of entities under subdivision four-a of this section;\\nidentify whether services differ for certain consumers and under what\\ncircumstances; inform criteria in relation to the development of quality\\nreporting requirements; and work with the department to develop\\ntransition plans for consumers that may need to transition to another\\nfiscal intermediary.\\n 4-d. Fiscal intermediaries ceasing operation. (a) Where a fiscal\\nintermediary is ceasing operation or will no longer serve the consumer's\\narea, the fiscal intermediary shall:\\n (i) deliver written notice forty-five calendar days in advance to the\\naffected consumers, consumer representatives, personal assistants, the\\ndepartment, and any local social services districts or managed care\\nplans with which the fiscal intermediary contracts. Within five business\\ndays of receipt of the notice, the local social services district or\\nmanaged care plan shall acknowledge the notice and provide the affected\\nconsumers with a list of other fiscal intermediaries operating in the\\nsame county or managed care plan network as appropriate;\\n (ii) not take any action that would prevent a personal assistant from\\nmoving to a new fiscal intermediary of the consumer's choice, nor\\nrequire the consumer or the personal assistant to switch to a personal\\ncare or home health care program not under this section; and\\n (iii) upon request and consent, promptly transfer all records relating\\nto the individual's health and care authorizations, and personnel\\ndocuments to the fiscal intermediary or personal care or home health\\ncare provider chosen by the consumer and assume all liability for\\nomissions or errors in such records.\\n (b) Where a consumer is electing to transfer his or her services to a\\nnew fiscal intermediary or a personal care or home health care provider\\nby the consumer's independent choice, the fiscal intermediary being\\ndiscontinued shall comply with subparagraphs (ii) and (iii) of paragraph\\n(a) of this subdivision.\\n (c) Where a fiscal intermediary is suspending or ceasing operation\\npursuant to an order under subdivision four-b of this section, or has\\nfailed to submit an offer for a contract, or has been denied a contract\\nunder this section, all the provisions of this subdivision shall apply\\nexcept subparagraph (i) of paragraph (a) of this subdivision, notice of\\nwhich to all parties shall be provided by the department as appropriate.\\n (d) where a fiscal intermediary is acquired by, merges with, sells\\nassets to, or engages in a transaction of a similar nature with a fiscal\\nintermediary that was awarded a contract pursuant to subdivision four-a\\nof this section, all the provisions of this subdivision shall apply. In\\nproviding notice under subparagraph (i) of paragraph (a) of this\\nsubdivision, the fiscal intermediary may inform the notice recipient of\\nthe applicable transaction and, if applicable, the ability of the\\nconsumer to remain with the awarded fiscal intermediary in accordance\\nwith any guidance issued by the commissioner.\\n (e) The local social services district or managed care plan, as\\nappropriate, shall supervise the transition of services and transfer of\\nrecords and maintain provision of services by the personal assistant(s)\\nchosen by the individual.\\n (f) Any transfer under this subdivision shall not diminish any of an\\nindividual's rights relating to continuity of care, utilization review\\nor fair hearing appeals and aid continuing.\\n 5. Waivers, regulation and effectiveness.\\n (a) The commissioner may, subject to the approval of the director of\\nthe budget, file for such federal waivers as may be needed for the\\nimplementation of the program.\\n (b) Notwithstanding any other provision of law, the commissioner is\\nauthorized to waive any provision of section three hundred sixty-seven-b\\nof this title related to payment and may promulgate regulations\\nnecessary to carry out the objectives of the program, and which describe\\nthe responsibilities of the eligible individuals in arranging and paying\\nfor services and the protections assured such individuals if they are\\nunable or no longer desire to continue in the program.\\n 6. Notwithstanding any inconsistent provision of this section or any\\nother contrary provision of law, managed care programs established\\npursuant to section three hundred sixty-four-j of this title and managed\\nlong term care plans and other care coordination models established\\npursuant to section four thousand four hundred three-f of the public\\nhealth law shall offer consumer directed personal assistance programs to\\nenrollees.\\n 7. This section shall be effective if, to the extent that, and as long\\nas, federal financial participation is available for expenditures\\nincurred under this section.\\n 8. Subject to the availability of federal financial participation, the\\nprovisions of this section governing consumer directed personal\\nassistance services shall also apply to such services when offered under\\nthe home and community-based attendant services and supports state plan\\noption (Community First Choice) pursuant to 42 U.S.C. § 1396n(k).\\n 9. Notwithstanding any contrary provision of law and subject to the\\navailability of federal financial participation, for periods on and\\nafter April first, two thousand fourteen, the commissioner is authorized\\nto make temporary periodic lump-sum Medicaid payments to fiscal\\nintermediaries principally engaged in providing consumer directed\\npersonal assistance services to Medicaid patients, in accordance with\\nthe following:\\n (a) eligible fiscal intermediaries shall include:\\n (i) providers undergoing closure or substantial reduction in the\\nvolume of care;\\n (ii) providers impacted by the closure of other health care providers;\\n (iii) providers subject to mergers, acquisitions, consolidations or\\nrestructuring;\\n (iv) providers impacted by the merger, acquisition, consolidation or\\nrestructuring of other health care providers;\\n (v) providers seeking to ensure that access to care is maintained or\\nincreased; or\\n (vi) on or after January first, two thousand fifteen, providers\\nimpacted by changes to the Fair Labor Standards Act requiring overtime\\npay for personal assistants working in excess of forty hours per week.\\n (b) providers seeking Medicaid payments under this subdivision shall\\ndemonstrate through submission of a written proposal to the commissioner\\nthat the additional resources provided by such Medicaid payments will\\nachieve one or more of the following:\\n (i) protect or enhance access to care;\\n (ii) protect or enhance quality of care;\\n (iii) improve the cost effectiveness of the delivery of health care\\nservices; or\\n (iv) otherwise protect or enhance the health care delivery system, as\\ndetermined by the commissioner.\\n (c)(i) Such written proposal shall be submitted to the commissioner at\\nleast sixty days prior to the requested commencement of such Medicaid\\npayments and shall include a proposed budget to achieve the goals of the\\nproposal. Any Medicaid payments issued pursuant to this subdivision\\nshall be made over a specified period of time, as determined by the\\ncommissioner, of up to three years. At the end of the specified\\ntime-frame such payments shall cease. The commissioner may establish, as\\na condition of receiving such Medicaid payments, benchmarks and goals to\\nbe achieved in conformity with the provider's written proposal as\\napproved by the commissioner and may also require that the provider\\nsubmit such periodic reports concerning the achievement of such\\nbenchmarks and goals as the commissioner deems necessary. Failure to\\nachieve satisfactory progress, as determined by the commissioner, in\\naccomplishing such benchmarks and goals shall be a basis for ending the\\nprovider's Medicaid payments prior to the end of the specified\\ntimeframe.\\n (ii) The commissioner may require that applications submitted pursuant\\nto this subdivision be submitted in response to and in accordance with a\\nrequest for applications or a request for proposals issued by the\\ncommissioner.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-G", "title" : "Utilization review for certain care, services and supplies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-07-07", "2020-04-17", "2022-04-22", "2022-07-08", "2024-01-19" ], "docLevelId" : "365-G", "activeDate" : "2022-07-08", "sequenceNo" : 387, "repealedDate" : null, "fromSection" : "365-G", "toSection" : "365-G", "text" : " § 365-g. Utilization review for certain care, services and supplies.\\n1. The department may implement a system for utilization review,\\npursuant to this section, for persons eligible for benefits under this\\ntitle, to evaluate the appropriateness and quality of medical\\nassistance, and safeguard against unnecessary utilization of care and\\nservices, which shall include a post-payment review process to develop\\nand review beneficiary utilization profiles, provider service profiles,\\nand exceptions criteria to correct misutilization practices of\\nbeneficiaries and providers; and for referral to the office of Medicaid\\ninspector general where suspected fraud, waste or abuse are identified\\nin the unnecessary or inappropriate use of care, services or supplies\\nfurnished under this title.\\n 2. The department may review utilization by provider service type,\\nmedical procedure and patient, in consultation with the state department\\nof mental hygiene, other appropriate state agencies, and other\\nstakeholders including provider and consumer representatives. In\\nreviewing utilization, the department shall consider historical\\nrecipient utilization patterns, patient-specific diagnoses and burdens\\nof illness, and the anticipated recipient needs in order to maintain\\ngood health. The system for utilization review shall not be used to\\ndetermine a recipient's medical care, services or supplies under this\\nsection.\\n 3. The utilization review established pursuant to this section shall\\nnot apply to developmental disabilities services provided in clinics\\ncertified under article twenty-eight of the public health law, or\\narticle twenty-two or article thirty-one of the mental hygiene law.\\n 4. Utilization review established pursuant to this section shall not\\napply to services, even though such services might otherwise be subject\\nto utilization review, when provided as follows:\\n (a) through a managed care program;\\n (b) subject to prior approval or prior authorization;\\n (c) as family planning services;\\n (d) as methadone maintenance services;\\n (e) on a fee-for-services basis to in-patients in general hospitals\\ncertified under article twenty-eight of the public health law or article\\nthirty-one of the mental hygiene law and residential health care\\nfacilities, with the exception of podiatrists' services;\\n ** (f) for hemodialysis;\\n ** NB Effective until July 1, 2023\\n ** (f) for hemodialysis; or\\n ** NB Effective July 1, 2023\\n ** (g) through or by referral from a preferred primary care provider\\ndesignated pursuant to subdivision twelve of section twenty-eight\\nhundred seven of the public health law;\\n ** NB Effective until July 1, 2023\\n ** (g) through or by referral from a preferred primary care provider\\ndesignated pursuant to subdivision twelve of section twenty-eight\\nhundred seven of the public health law.\\n ** NB Effective July 1, 2023\\n ** (h) pursuant to a court order; or\\n ** NB Repealed July 1, 2023\\n ** (i) as a condition of eligibility for any other public program,\\nincluding but not limited to public assistance.\\n ** NB Repealed July 1, 2023\\n 5. The department shall consult with representatives of medical\\nassistance providers, social services districts, voluntary organizations\\nthat represent or advocate on behalf of recipients, the managed care\\nadvisory council and other state agencies regarding the ongoing\\noperation of a utilization review system.\\n 6. On or before February first, nineteen hundred ninety-two, the\\ncommissioner shall submit to the governor, the temporary president of\\nthe senate and the speaker of the assembly a report detailing the\\nimplementation of the utilization threshold program and evaluating the\\nresults of establishing utilization thresholds. Such report shall\\ninclude, but need not be limited to, a description of the program as\\nimplemented; the number of requests for increases in service above the\\nthreshold amounts by provider and type of service; the number of\\nextensions granted; the number of claims that were submitted for\\nemergency care or urgent care above the threshold level; the number of\\nrecipients referred to managed care; an estimate of the fiscal savings\\nto the medical assistance program as a result of the program;\\nrecommendations for medical condition that may be more appropriately\\nserved through managed care programs; and the costs of implementing the\\nprogram.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-H", "title" : "Provision and reimbursement of transportation costs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-23", "2015-01-30", "2015-05-01", "2015-05-15", "2017-04-28", "2019-04-19", "2020-04-17", "2021-04-09", "2021-04-23" ], "docLevelId" : "365-H", "activeDate" : "2021-04-23", "sequenceNo" : 388, "repealedDate" : null, "fromSection" : "365-H", "toSection" : "365-H", "text" : " * § 365-h. Provision and reimbursement of transportation costs. 1. The\\nlocal social services official and, subject to the provisions of\\nsubdivision four of this section, the commissioner of health shall have\\nresponsibility for prior authorizing transportation of eligible persons\\nand for limiting the provision of such transportation to those\\nrecipients and circumstances where such transportation is essential,\\nmedically necessary and appropriate to obtain medical care, services or\\nsupplies otherwise available under this title.\\n 2. In exercising this responsibility, the local social services\\nofficial and, as appropriate, the commissioner of health shall:\\n (a) make appropriate and economical use of transportation resources\\navailable in the district in meeting the anticipated demand for\\ntransportation within the district, including, but not limited to:\\ntransportation generally available free-of-charge to the general public\\nor specific segments of the general public, public transportation,\\npromotion of group rides, county vehicles, coordinated transportation,\\nand direct purchase of services; and\\n (b) maintain quality assurance mechanisms in order to ensure that (i)\\nonly such transportation as is essential, medically necessary and\\nappropriate to obtain medical care, services or supplies otherwise\\navailable under this title is provided; (ii) no expenditures for taxi or\\nlivery transportation are made when public transportation or lower cost\\ntransportation is reasonably available to eligible persons; and (iii)\\ntransportation services are provided in a safe, timely, and reliable\\nmanner by providers that comply with state and local regulatory\\nrequirements and meet consumer satisfaction criteria approved by the\\ncommissioner of health.\\n 3. In the event that coordination or other such cost savings measures\\nare implemented, the commissioner shall assure compliance with\\napplicable standards governing the safety and quality of transportation\\nof the population served.\\n 4. (a) The commissioner of health is authorized to assume\\nresponsibility from a local social services official for the provision\\nand reimbursement of transportation costs under this section. If the\\ncommissioner elects to assume such responsibility, the commissioner\\nshall notify the local social services official in writing as to the\\nelection, the date upon which the election shall be effective and such\\ninformation as to transition of responsibilities as the commissioner\\ndeems prudent. The commissioner is authorized to contract with a\\ntransportation manager or managers to manage transportation services in\\nany local social services district, other than transportation services\\nprovided or arranged for enrollees of managed long term care plans\\nissued certificates of authority under section forty-four hundred\\nthree-f of the public health law. Any transportation manager or managers\\nselected by the commissioner to manage transportation services shall\\nhave proven experience in coordinating transportation services in a\\ngeographic and demographic area similar to the area in New York state\\nwithin which the contractor would manage the provision of services under\\nthis section. Such a contract or contracts may include responsibility\\nfor: review, approval and processing of transportation orders;\\nmanagement of the appropriate level of transportation based on\\ndocumented patient medical need; and development of new technologies\\nleading to efficient transportation services. If the commissioner elects\\nto assume such responsibility from a local social services district, the\\ncommissioner shall examine and, if appropriate, adopt quality assurance\\nmeasures that may include, but are not limited to, global positioning\\ntracking system reporting requirements and service verification\\nmechanisms. Any and all reimbursement rates developed by transportation\\nmanagers under this subdivision shall be subject to the review and\\napproval of the commissioner.\\n (b)(i) Subject to federal financial participation, for periods on and\\nafter April first, two thousand twenty-one, in order to more\\ncost-effectively provide non-emergency transportation to Medicaid\\nbeneficiaries who need access to medical care and services, the\\ncommissioner is authorized to contract with one or more transportation\\nmanagement brokers to manage such transportation on a statewide or\\nregional basis, as determined by the commissioner, in accordance with\\nthe federal social security act as follows:\\n (A) The transportation management broker or brokers shall be selected\\nthrough a competitive bidding process based on an evaluation of the\\nbroker's experience, performance, references, resources, qualifications\\nand costs; provided, however, that the department's selection process\\nshall be memorialized in a procurement record as defined in section one\\nhundred sixty-three of the state finance law;\\n (B) The transportation management broker or brokers shall have\\noversight procedures to monitor Medicaid beneficiary access and\\ncomplaints and ensure that enrolled Medicaid transportation providers\\nare licensed, qualified, competent and courteous.\\n (C) The transportation management broker or brokers shall be subject\\nto regular auditing and oversight by the department in order to ensure\\nthe quality of the transportation services provided and adequacy of\\nMedicaid beneficiary access to medical care and services.\\n (D) The transportation management broker or brokers shall comply with\\nrequirements related to prohibitions on referrals and conflicts of\\ninterest required by the federal social security act.\\n (ii) The transportation management broker or brokers may be paid a per\\nmember per month capitated fee or a combination of capitation and fixed\\ncost reimbursement and the contract shall include, but not be limited\\nto, responsibility for:\\n (A) establishing a network of high-quality Medicaid enrolled\\nproviders; provided, however, that in developing such network the\\ntransportation management broker shall evaluate the qualifications of\\ncurrent Medicaid transportation providers on a priority basis for\\nparticipation in its network, and leverage reputable transportation\\nproviders with a proven record of serving Medicaid beneficiaries with\\nhigh-quality services;\\n (B) continuing outreach to Medicaid enrolled providers to assess and\\nresolve service quality issues;\\n (C) developing mandatory corrective actions for any Medicaid enrolled\\nprovider that falls under quality performance standards;\\n (D) establishing a prior approval process which shall include\\nverifying Medicaid eligibility and reviewing, approving and processing\\ntransportation orders;\\n (E) managing the appropriate level of transportation based on\\ndocumented patient medical need to ensure that Medicaid beneficiaries\\nare using the most medically appropriate mode of transportation,\\nincluding public transportation, which shall be maximized statewide,\\nincluding in rural areas; provided that when determining the appropriate\\nlevel of transportation, the transportation management broker shall\\nensure that patients have reasonable and timely access to medically\\nappropriate transportation services;\\n (F) implementing technologies to effectuate efficient transportation\\nservices, such as GPS, to improve match to mode of transportation;\\n (G) establishing fees to reimburse enrolled Medicaid transportation\\nproviders;\\n (H) adjudicating and paying claims submitted by enrolled Medicaid\\ntransportation providers;\\n (I) reporting on performance encompassing all aspects of the\\ntransportation program, including but not limited to Medicaid\\nbeneficiary complaints including the length of time to make a compliant,\\nwait times related to the receipt of services by a recipient, and\\ntracking medical justifications to modes of transportation provided;\\n (J) collaborating with Medicaid beneficiaries and consumer groups to\\nidentify and resolve issues to increase consumer satisfaction;\\n (K) auditing cancellation data on a quarterly basis to ensure\\naccuracy;\\n (L) coordinating medical benefits and transportation with Medicaid\\nmanaged care organizations, including development of value based\\npayments for transportation services; and\\n (M) such contracts shall include penalties for incorrect denials,\\nunresolved complaint rates, unfulfilled trips, and any other criteria\\ndetermined by the commissioner and specified in the competitive bidding\\nprocess.\\n (iii) A transportation management broker with which the commissioner\\ncontracts shall file with the commissioner a bond issued by an insurer\\nauthorized to write fidelity and surety insurance in this state, in an\\namount and form to be determined by the commissioner. The purpose of the\\nsurety bond shall be to provide the sole source of recourse to providers\\nof Medicaid transportation services, other than the transportation\\nmanagement broker, that cannot receive payment for services properly\\nprovided if the transportation management broker becomes insolvent. To\\nthe extent permitted by law, the surety bond shall provide that any\\nfunds that remain after such provider liabilities are satisfied shall be\\npaid to that state.\\n (iv) A transportation management broker with which the commissioner\\ncontracts shall provide to Medicaid enrolled providers annually a\\nconspicuous written disclosure that states the following: \"The New York\\nState Department of Health has contracted with this transportation\\nmanagement broker to arrange non-emergency transportation for Medicaid\\nbeneficiaries who need access to medical care and services and is paying\\nthe transportation management broker a per member per month capitated\\nfee or a combination of capitation and fixed cost reimbursement. This\\ntransportation management broker is not licensed by the New York State\\nDepartment of Financial Services as an insurer and is not subject to its\\nsupervision as an insurer. This transportation management broker is not\\nprotected by New York security funds and there will not be any right to\\nrecover against the department of health, department of financial\\nservices, or this state in the event of the transportation management\\nbroker's insolvency.\\n (v) To the extent practicable, the competitive bidding and contracting\\nprocess maybe completed by April first, two thousand twenty-one;\\nprovided, however, such contract may be effective at some date after\\nApril first, two thousand twenty-one, if the process takes longer to\\ncomplete.\\n (vi) Responsibility for transportation services provided or arranged\\nfor enrollees of managed long term care plans issued certificates of\\nauthority under section forty-four hundred three-f of the public health\\nlaw, not including a program designated as a Program of All-Inclusive\\nCare for the Elderly (PACE) as authorized by Federal Public law 1053-33,\\nsubtitle I of title IV of the Balanced Budget Act of 1997, and, at the\\ncommissioner's discretion, other plans that integrate benefits for\\ndually eligible Medicare and Medicaid beneficiaries based on a\\ndemonstration by the plan that inclusion of transportation within the\\nbenefit package will result in cost efficiencies and quality\\nimprovement, shall be transferred to a transportation management broker\\nthat has a contract with the commissioner in accordance with this\\nparagraph. Providers of adult day health care may elect to, but shall\\nnot be required to, use the services of the transportation management\\nbroker.\\n 5. Notwithstanding any contrary provision of law, and subject to\\nfederal financial participation, the commissioner of health shall make\\nadjustments to payments under this section, for the purposes of\\nproviding increased access to Medicaid non-emergency transportation in\\nrural communities. Up to two million dollars shall be available for such\\npurposes.\\n 6. (a) The commissioner of health shall require transportation\\nproviders enrolled in the Medicaid program and specified by the\\ncommissioner pursuant to regulation, to report the costs incurred in\\nproviding transportation services to Medicaid beneficiaries pursuant to\\nthis section; provided, however, this requirement shall only apply if\\nthere is no transportation management broker contract authorized in\\nsubdivision four of this section. The commissioner shall specify the\\nfrequency and format of such reports and determine the type and amount\\nof information required to be submitted, including supporting\\ndocumentation, provided that such reports shall be no more frequent than\\nquarterly. The commissioner shall give all transportation providers no\\nless than ninety calendar days' notice before such reports are due.\\n (b) If the commissioner determines that the cost report submitted by a\\nMedicaid transportation provider is inaccurate or incomplete, the\\ncommissioner shall notify such provider in writing and advise the\\nprovider of the correction or additional information that the provider\\nmust submit. The provider shall submit the corrected or additional\\ninformation within thirty calendar days from the date the provider\\nreceives the notice.\\n (c) The commissioner shall grant a provider an additional thirty\\ncalendar days to submit the original cost report, or corrected or\\nadditional information required pursuant to paragraph (b) of this\\nsubdivision only when the provider submits a written request to the\\ncommissioner for an extension prior to the due date and establishes to\\nthe satisfaction of the commissioner that the provider cannot submit the\\ncost report or corrected or additional information by the due date for\\nreasons beyond the provider's control.\\n * NB Repealed 16 years after the contract entered into pursuant to\\nthis section 365-h is executed\\n * § 365-h. Provision and reimbursement of transportation costs. 1. The\\nlocal social services official shall have responsibility for prior\\nauthorizing transportation of eligible persons and for limiting the\\nprovision of such transportation to those recipients and circumstances\\nwhere such transportation is essential, medically necessary and\\nappropriate to obtain medical care, services or supplies otherwise\\navailable under this title.\\n 2. In exercising this responsibility, the local social services\\nofficial shall:\\n (a) make appropriate and economical use of transportation resources\\navailable in the district in meeting the anticipated demand for\\ntransportation within the district, including, but not limited to:\\ntransportation generally available free-of-charge to the general public\\nor specific segments of the general public, public transportation,\\npromotion of group rides, county vehicles, coordinated transportation,\\nand direct purchase of services; and\\n (b) maintain quality assurance mechanisms in order to ensure that (i)\\nonly such transportation as is essential, medically necessary and\\nappropriate to obtain medical care, services or supplies otherwise\\navailable under this title is provided and (ii) no expenditures for taxi\\nor livery transportation are made when public transportation or lower\\ncost transportation is reasonably available to eligible persons.\\n 3. In the event that coordination or other such cost savings measures\\nare implemented, the commissioner shall assure compliance with\\napplicable standards governing the safety and quality of transportation\\nof the population served.\\n * NB Effective 16 years after the contract entered into pursuant to\\nthis section 365-h has been executed\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-J", "title" : "Advisory opinions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "365-J", "activeDate" : "2014-09-22", "sequenceNo" : 389, "repealedDate" : null, "fromSection" : "365-J", "toSection" : "365-J", "text" : " § 365-j. Advisory opinions. 1. General. (a) Definition and nature of\\nadvisory opinions. An advisory opinion is a written statement, issued\\npursuant to the provisions of this chapter, by the commissioner of the\\ndepartment of health or his or her specifically authorized designee or\\ndesignees setting forth the applicability to a specified set of facts of\\npertinent statutory and regulatory provisions relating to the provision\\nof medical items or services pursuant to the medical assistance program\\nadministered by the department of health as the single state agency\\nresponsible for the administration of the program. Advisory opinions are\\nissued at the request of any provider enrolled in the medical assistance\\nprogram, and are binding upon the commissioner with respect to that\\nprovider only.\\n (b) Areas in which advisory opinions may be requested. An advisory\\nopinion may be sought with respect to a substantive question, or a\\nprocedural matter. Advisory opinions may be requested with respect to\\nquestions arising prior to an audit or investigation with respect to\\nquestions relating to a provider's claim for payment or reimbursement.\\nAdvisory opinions may also be utilized for purposes of service planning.\\nThus, they may be requested with respect to a hypothetical or projected\\nfuture set of facts.\\n (c) An advisory opinion will not be issued where the petition for an\\nadvisory opinion relates to a pending question raised by the provider in\\nan ongoing or initiated investigation conducted by the Medicaid\\ninspector general, deputy attorney general for the Medicaid fraud unit,\\nor any other criminal investigation or any civil or criminal proceeding,\\nor where the provider has received any written notice of the\\ncommissioner or the Medicaid inspector general which advises a provider\\nof an imminent investigation, audit, pended or otherwise suspended\\nclaim, or withhold of payment or reimbursement.\\n (d) Nothing in this section shall be construed as superseding any\\nfederal rule, law, requirement or guidance.\\n (e) The commissioner shall promulgate rules and regulations\\nestablishing the time period for issuance of such advisory opinion and\\nthe criteria for determining the eligibility of a request for\\ndepartmental response.\\n 2. Effect of advisory opinions. (a) An advisory opinion represents an\\nexpression of the views of the commissioner of health as to the\\napplication of law, regulations and other precedential material to the\\nset of facts specified in the petition for advisory opinion. An advisory\\nopinion shall apply only with respect to the provider to whom the\\nadvisory opinion is rendered.\\n (b) A previously issued advisory opinion found by the commissioner to\\nbe in error may be modified or revoked, provided, however, that a\\nsubsequent modification by such commissioner of such an advisory opinion\\nshall operate prospectively. The department shall promptly notify the\\nprovider of modification or revocation of an advisory opinion.\\n (c) All advisory opinions shall include the following notice: \"This\\nadvisory opinion is limited to the person or persons who requested the\\nopinion and it pertains only to the facts and circumstances presented in\\nthe petition.\"\\n (d) All advisory opinions shall cite the pertinent law and regulation\\nupon which the advisory opinion is based.\\n (e) All advisory opinions and all modifications and revocations of a\\npreviously issued advisory opinion shall be deemed a public record.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-K", "title" : "Provision of prenatal care services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-02", "2022-12-09", "2023-03-10", "2023-04-07" ], "docLevelId" : "365-K", "activeDate" : "2023-04-07", "sequenceNo" : 390, "repealedDate" : null, "fromSection" : "365-K", "toSection" : "365-K", "text" : " § 365-k. Provision of prenatal care services. 1. (a) The commissioner\\nshall establish standards and guidelines for the provision of prenatal\\ncare services under the medical assistance program. In establishing such\\nstandards and guidelines, the commissioner shall consider generally\\naccepted standards of professional practice, including, but not limited\\nto, standards issued by the American College of Obstetricians and\\nGynecologists and the American Academy of Pediatrics, and shall consult\\nwith prenatal care providers and other interested parties.\\n (b) The standards and guidelines established under this section for\\nproviding non-invasive prenatal testing shall not limit availability and\\ncoverage for a test based on the age of the pregnant patient, unless the\\nlimit is explicitly called for by the generally accepted standards of\\nprofessional practice or is otherwise recommended by safety\\ncommunications or guidance issued by the United States food and drug\\nadministration, the centers for Medicare and medicaid services, or the\\nUnited States department of health and human services.\\n 2. For purposes of this title, \"prenatal care provider\" means a\\nmedical care facility or public or private not-for-profit agency or\\norganization, physician, licensed nurse practitioner, or licensed\\nmidwife practicing on an individual or group basis that provides\\nprenatal care or managed care plan that contracts with prenatal\\nproviders.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-L", "title" : "Health homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-04-22", "2017-04-28", "2018-04-20" ], "docLevelId" : "365-L", "activeDate" : "2018-04-20", "sequenceNo" : 391, "repealedDate" : null, "fromSection" : "365-L", "toSection" : "365-L", "text" : " § 365-l. Health homes. 1. Notwithstanding any law, rule or regulation\\nto the contrary, the commissioner of health is authorized, in\\nconsultation with the commissioners of the office of mental health,\\noffice of alcoholism and substance abuse services, and office for people\\nwith developmental disabilities, to (a) establish, in accordance with\\napplicable federal law and regulations, standards for the provision of\\nhealth home services to Medicaid enrollees with chronic conditions, (b)\\nestablish payment methodologies for health home services based on\\nfactors including but not limited to the complexity of the conditions\\nproviders will be managing, the anticipated amount of patient contact\\nneeded to manage such conditions, and the health care cost savings\\nrealized by provision of health home services, (c) establish the\\ncriteria under which a Medicaid enrollee will be designated as being an\\neligible individual with chronic conditions for purposes of this\\nprogram, (d) assign any Medicaid enrollee designated as an eligible\\nindividual with chronic conditions to a provider of health home\\nservices.\\n 2. In addition to payments made for health home services pursuant to\\nsubdivision one of this section, the commissioner is authorized to pay\\nadditional amounts to providers of health home services that meet\\nprocess or outcome standards specified by the commissioner. Such\\nadditional amounts may be paid with state funds only if federal\\nfinancial participation for such payments is unavailable.\\n 2-a. Up to fifteen million dollars in state funding may be used to\\nfund health home infrastructure development. Such funds shall be used to\\ndevelop enhanced systems to support Health Home operations including\\nassignments, workflow, and transmission of data. Funding will also be\\ndisbursed pursuant to a formula established by the commissioner to be\\ndesignated health homes. Such formula may consider prior access to\\nsimilar funding opportunities, geographic and demographic factors,\\nincluding the population served, and prevalence of qualifying\\nconditions, connectivity to providers, and other criteria as established\\nby the commissioner.\\n 2-b. The commissioner is authorized to make lump sum payments or\\nadjust rates of payment to providers up to a gross amount of five\\nmillion dollars, to establish coordination between the health homes and\\nthe criminal justice system and for the integration of information of\\nhealth homes with state and local correctional facilities, to the extent\\npermitted by law. Such rate adjustments may be made to health homes\\nparticipating in a criminal justice pilot program with the purpose of\\nenrolling incarcerated individuals with serious mental illness, two or\\nmore chronic conditions, including substance abuse disorders, or\\nHIV/AIDS, into such health home. Health homes receiving funds under this\\nsubdivision shall be required to document and demonstrate the effective\\nuse of funds distributed herein.\\n 2-c. The commissioner is authorized to make grants up to a gross\\namount of one million dollars for certified application counselors and\\nassistors to facilitate the enrollment of persons in high risk\\npopulations, including but not limited to persons with mental health\\nand/or substance abuse conditions that have been recently discharged or\\nare pending release from state and local correctional facilities. Funds\\nallocated for certified application counselors and assistors shall be\\nexpended through a request for proposal process.\\n 2-d. The commissioner shall establish reasonable targets for health\\nhome participation by enrollees of special needs managed care plans\\ndesignated pursuant to subdivision four of section three hundred\\nsixty-five-m of this title and by high-risk enrollees of other Medicaid\\nmanaged care plans operating pursuant to section three hundred\\nsixty-four-j of this title, and shall encourage both the managed care\\nproviders and the health homes to work collaboratively with each other\\nto achieve such targets. The commissioner may assess penalties under\\nthis subdivision in instances of failure to meet the participation\\ntargets established pursuant to this subdivision, where the department\\nhas determined that such failure reflected the absence of a good faith\\nand reasonable effort to achieve the participation targets, except that\\nmanaged care providers shall not be penalized for the failure of a\\nhealth home to work collaboratively toward meeting the participation\\ntargets and a health home shall not be penalized for the failure of a\\nmanaged care provider to work collaboratively toward meeting the\\nparticipation targets.\\n 3. Until such time as the commissioner obtains necessary waivers\\nand/or approvals of the federal social security act, Medicaid enrollees\\nassigned to providers of health home services will be allowed to opt out\\nof such services. In addition, upon enrollment, an enrollee shall be\\noffered an option of at least two providers of health home services, to\\nthe extent practicable.\\n 4. Payments authorized pursuant to this section will be made with\\nstate funds only, to the extent that such funds are appropriated\\ntherefore, until such time as federal financial participation in the\\ncosts of such services is available.\\n 5. The commissioner is authorized to submit amendments to the state\\nplan for medical assistance and/or submit one or more applications for\\nwaivers of the federal social security act, to obtain federal financial\\nparticipation in the costs of health home services provided pursuant to\\nthis section, and as provided in subdivision three of this section.\\n 6. Notwithstanding any limitations imposed by section three hundred\\nsixty-four-l of this title on entities participating in demonstration\\nprojects established pursuant to such section, the commissioner is\\nauthorized to allow such entities which meet the requirements of this\\nsection to provide health home services.\\n 7. Notwithstanding any law, rule, or regulation to the contrary, the\\ncommissioners of the department of health, the office of mental health,\\nthe office for people with developmental disabilities, and the office of\\nalcoholism and substance abuse services are authorized to jointly\\nestablish a single set of operating and reporting requirements and a\\nsingle set of construction and survey requirements for entities that:\\n (a) can demonstrate experience in the delivery of health, and mental\\nhealth and/or alcohol and substance abuse services and/or services to\\npersons with developmental disabilities, and the capacity to offer\\nintegrated delivery of such services in each location approved by the\\ncommissioner; and\\n (b) meet the standards established pursuant to subdivision one of this\\nsection for providing and receiving payment for health home services;\\nprovided, however, that an entity meeting the standards established\\npursuant to subdivision one of this section shall not be required to be\\nan integrated service provider pursuant to this subdivision.\\n In establishing a single set of operating and reporting requirements\\nand a single set of construction and survey requirements for entities\\ndescribed in this subdivision, the commissioners of the department of\\nhealth, the office of mental health, the office for people with\\ndevelopmental disabilities, and the office of alcoholism and substance\\nabuse services are authorized to waive any regulatory requirements as\\nare necessary to avoid duplication of requirements and to allow the\\nintegrated delivery of services in a rational and efficient manner.\\n 8. (a) The commissioner of health is authorized to contract with one\\nor more entities to assist the state in implementing the provisions of\\nthis section. Such entity or entities shall be the same entity or\\nentities chosen to assist in the implementation of the multipayor\\npatient centered medical home program pursuant to section twenty-nine\\nhundred fifty-nine-a of the public health law. Responsibilities of the\\ncontractor shall include but not be limited to: developing\\nrecommendations with respect to program policy, reimbursement, system\\nrequirements, reporting requirements, evaluation protocols, and provider\\nand patient enrollment; providing technical assistance to potential\\nmedical home and health home providers; data collection; data sharing;\\nprogram evaluation, and preparation of reports.\\n (b) Notwithstanding any inconsistent provision of sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, or section\\none hundred forty-two of the economic development law, or any other law,\\nthe commissioner of health is authorized to enter into a contract or\\ncontracts under paragraph (a) of this subdivision without a competitive\\nbid or request for proposal process, provided, however, that:\\n (i) The department of health shall post on its website, for a period\\nof no less than thirty days:\\n (1) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (2) The criteria for selection of a contractor or contractors;\\n (3) The period of time during which a prospective contractor may seek\\nselection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (4) The manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (ii) All reasonable and responsive submissions that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner of health; and\\n (iii) The commissioner of health shall select such contractor or\\ncontractors that, in his or her discretion, are best suited to serve the\\npurposes of this section.\\n 9. The contract entered into by the commissioner of health prior to\\nJanuary first, two thousand thirteen pursuant to subdivision eight of\\nthis section may be amended or modified without the need for a\\ncompetitive bid or request for proposal process, and without regard to\\nthe provisions of sections one hundred twelve and one hundred\\nsixty-three of the state finance law, section one hundred forty-two of\\nthe economic development law, or any other provision of law, excepting\\nthe responsible vendor requirements of the state finance law, including,\\nbut not limited to, sections one hundred sixty-three and one hundred\\nthirty-nine-k of the state finance law, to allow the purchase of\\nadditional personnel and services, subject to available funding, for the\\nlimited purpose of assisting the department of health with implementing\\nthe Balancing Incentive Program, the Fully Integrated Duals Advantage\\nProgram, the Vital Access Provider Program, the Medicaid waiver\\namendment associated with the public hospital transformation, the\\naddition of behavioral health services as a managed care plan benefit,\\nthe delivery system reform incentive payment plan, activities to\\nfacilitate the transition of vulnerable populations to managed care\\nand/or any workgroups required to be established by the chapter of the\\nlaws of two thousand thirteen that added this subdivision. The\\ndepartment is authorized to extend such contract for a period of one\\nyear, without a competitive bid or request for proposal process, upon\\ndetermination that the existing contractor is qualified to continue to\\nprovide such services; provided, however, that the department of health\\nshall submit a request for applications for such contract during the\\ntime period specified in this subdivision and may terminate the contract\\nidentified herein prior to expiration of the extension authorized by\\nthis subdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-M", "title" : "Administration and management of behavioral health services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-22" ], "docLevelId" : "365-M", "activeDate" : "2022-04-22", "sequenceNo" : 392, "repealedDate" : null, "fromSection" : "365-M", "toSection" : "365-M", "text" : " § 365-m. Administration and management of behavioral health services.\\n1. The commissioners of the office of mental health and the office of\\nalcoholism and substance abuse services, in consultation with the\\ncommissioner of health, the impacted local governmental units and with\\nthe approval of the division of the budget, shall have responsibility\\nfor jointly designating regional entities to provide administrative and\\nmanagement services for the purposes of prior approving and coordinating\\nthe provision of behavioral health services, facilitating the continuity\\nof post-hospitalization behavioral health and the integration of\\nbehavioral health services with other services available under this\\ntitle, for recipients of medical assistance who are not enrolled in\\nmanaged care, and for such approval, coordination, facilitating\\ncontinuity and integration of behavioral health services that are not\\nprovided through managed care programs under this title for individuals\\nregardless of whether or not such individuals are enrolled in managed\\ncare programs. Such regional entities shall also be responsible for\\npromoting appropriate care and service utilization while safeguarding\\nagainst unnecessary utilization of such care and services and assuring\\nthat payments are consistent with the efficient and economical delivery\\nof quality care.\\n 2. In exercising this responsibility, the commissioners of the office\\nof mental health and the office of alcoholism and substance abuse\\nservices are authorized to contract, after consultation with the\\ncommissioner of health and the impacted local governmental units, with\\nregional behavioral health organizations or other entities. Such\\ncontracts may include responsibility for receipt, review, and\\ndetermination of prior authorization requests for behavioral health care\\nand services under subdivision one of this section, consistent with\\ncriteria established or approved by the commissioners of mental health\\nand alcoholism and substance abuse services, and authorization of\\nappropriate care and services based on documented patient medical need.\\n 3. Notwithstanding any inconsistent provision of sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, or section\\none hundred forty-two of the economic development law, or any other law\\nto the contrary, the commissioners of the office of mental health and\\nthe office of alcoholism and substance abuse services are authorized to\\nenter into a contract or contracts under subdivisions one and two of\\nthis section without a competitive bid or request for proposal process,\\nprovided, however, that:\\n (a) the office of mental health and the office of alcoholism and\\nsubstance abuse services shall post on their websites, for a period of\\nno less than thirty days:\\n (i) a description of the proposed services to be provided pursuant to\\nthe contractor contracts;\\n (ii) the criteria for selection of a contractor or contractors;\\n (iii) the period of time during which a prospective contractor may\\nseek selection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (iv) the manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (b) all reasonable and responsive submissions that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioners; and\\n (c) the commissioners of the office of mental health and the office of\\nalcoholism and substance abuse services, in consultation with the\\ncommissioner of health and the impacted local governmental units, shall\\nselect such contractor or contractors that, in their discretion, have\\ndemonstrated the ability to effectively, efficiently, and economically\\nintegrate behavioral health and health services; have the requisite\\nexpertise and financial resources; have demonstrated that their\\ndirectors, sponsors, members, managers, partners or operators have the\\nrequisite character, competence and standing in the community, and are\\nbest suited to serve the purposes of this section. In selecting such\\ncontractor or contractors, the commissioners shall:\\n (i) ensure that any such contractor or contractors have an adequate\\nnetwork of providers to meet the behavioral health and health needs of\\nenrollees, and shall review the adequacy prior to approval of any such\\ncontract or contracts, and upon contract renewal or expansion. To the\\nextent that the network has been determined to meet standards set forth\\nin subdivision five of section four thousand four hundred three of the\\npublic health law, such network shall be deemed adequate.\\n (ii) ensure that such contractor or contractors shall make level of\\ncare and coverage determinations utilizing evidence-based tools or\\nguidelines designated to address the behavioral health needs of\\nenrollees.\\n (iii) ensure sufficient access to behavioral health and health\\nservices for eligible enrollees by establishing and monitoring\\npenetration rates of any such contractor or contractors.\\n (iv) establish standards to encourage the use of services, products\\nand care recommended, ordered or prescribed by a provider to\\nsufficiently address the behavioral health and health services needs of\\nenrollees; and monitor the application of such standards to ensure that\\nthey sufficiently address the behavioral health and health services\\nneeds of enrollees.\\n 4. The commissioners of the office of mental health, the office of\\nalcoholism and substance abuse services and the department of health,\\nshall have the responsibility for jointly designating on a regional\\nbasis, after consultation with the local social services district and\\nlocal governmental unit, as such term is defined in the mental hygiene\\nlaw, of a city with a population of over one million persons, and after\\nconsultation of other affected counties, a limited number of special\\nneeds managed care plans under section three hundred sixty-four-j of\\nthis title capable of managing the behavioral and physical health needs\\nof medical assistance enrollees with significant behavioral health\\nneeds. Initial designations of such plans should be made no later than\\nApril first, two thousand fourteen, provided, however, such designations\\nshall be contingent upon a determination by such state commissioners\\nthat the entities to be designated have the capacity and financial\\nability to provide services in such plans, and that the region has a\\nsufficient population and service base to support such plans. Once\\ndesignated, the commissioner of health shall make arrangements to enroll\\nsuch enrollees in such plans and to pay such plans on a capitated or\\nother basis to manage, coordinate, and pay for behavioral and physical\\nhealth medical assistance services for such enrollees. Notwithstanding\\nany inconsistent provision of section one hundred twelve and one hundred\\nsixty-three of the state finance law, and section one hundred forty-two\\nof the economic development law, or any other law to the contrary, the\\ndesignations of such plans, and any resulting contracts with such plans\\nor providers are authorized to be entered into by such state\\ncommissioners without a competitive bid or request for proposal process,\\nprovided however that:\\n (a) the department of health, the office of mental health and the\\noffice of alcoholism and substance abuse services shall post on their\\nwebsites, for a period of not less than thirty days:\\n (i) a description of the proposed services to be provided by the plans\\nor systems;\\n (ii) the criteria for selection of a plan or system;\\n (iii) the period of time during which a prospective plan or system may\\nseek selection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (iv) the manner by which a prospective plan or system may seek such\\nselection, which may include submission by electronic means;\\n (b) all reasonable and responsive submissions that are received from\\nprospective plans or systems in timely fashion shall be reviewed by the\\ncommissioners; and\\n (c) the commissioners of the office of mental health and the office of\\nalcoholism and substance abuse services, in consultation with the\\ncommissioner of health, shall select such plans or systems that, in\\ntheir discretion, have demonstrated the ability to effectively,\\nefficiently, and economically manage the behavioral and physical health\\nneeds of medical assistance enrollees with significant behavioral health\\nneeds; have the requisite expertise and financial resources; have\\ndemonstrated that their directors, sponsors, members, managers, partners\\nor operators have the requisite character, competence and standing in\\nthe community, and are best suited to serve the purposes of this\\nsection. Oversight of such contracts with such plans, providers or\\nprovider systems shall be the joint responsibility of such state\\ncommissioners, and for contracts affecting a city with a population of\\nover one million persons, also with the city's local social services\\ndistrict and local governmental unit, as such term is defined in the\\nmental hygiene law.\\nIn selecting such plans or systems, the commissioners shall:\\n (i) ensure that any such plans or systems have an adequate network of\\nproviders to meet the behavioral health and health needs of enrollees,\\nand shall review the adequacy prior to approval of any such plans or\\nsystems, and upon contract renewal or expansion. To the extent that the\\nnetwork has been determined to meet standards set forth in subdivision\\nfive of section four thousand four hundred three of the public health\\nlaw, such network shall be deemed adequate.\\n (ii) ensure that such plans or systems shall make level of care and\\ncoverage determinations utilizing evidence-based tools or guidelines\\ndesigned to address the behavioral health needs of enrollees.\\n (iii) ensure sufficient access to behavioral health and health\\nservices for eligible enrollees by establishing and monitoring\\npenetration rates of any such plans or systems.\\n (iv) establish standards to encourage the use of services, products\\nand care recommended, ordered or prescribed by a provider to\\nsufficiently address the behavioral health and health services needs of\\nenrollees; and monitor the application of such standards to ensure that\\nthey sufficiently address the behavioral health and health services\\nneeds of enrollees.\\n 5. (a) Pursuant to appropriations within the offices of mental health\\nor addiction services and supports, the department of health shall\\nreinvest savings realized through the transition of populations covered\\nby this section from the applicable Medicaid fee-for-service system to a\\nmanaged care model, including savings realized through the recovery of\\npremiums from managed care providers which represent a reduction of\\nspending on qualifying behavioral health services against established\\npremium targets for behavioral health services and the medical loss\\nratio applicable to special needs managed care plans, for the purpose of\\nincreasing investment in community based behavioral health services,\\nincluding residential services certified by the office of addiction\\nservices and supports. The methodologies used to calculate the savings\\nshall be developed by the commissioner of health and the director of the\\nbudget in consultation with the commissioners of the office of mental\\nhealth and the office of addiction services and supports. In no event\\nshall the full annual value of the reinvestment pursuant to this\\nsubdivision exceed the value of the premiums recovered from managed care\\nproviders which represent a reduction of spending on qualifying\\nbehavioral health services. Within any fiscal year where appropriation\\nincreases are recommended for reinvestment, insofar as managed care\\ntransition savings do not occur as estimated, then spending for such\\nreinvestment may be reduced in the next year's annual budget\\nitemization.\\n (b) Beginning April first, two thousand twenty-two, the department\\nshall post on its website information about the recovery of premiums\\nfrom managed care providers which represent a reduction of spending on\\nqualifying behavioral health services against established premium\\ntargets for behavioral health services and the medical loss ratio\\napplicable to special needs managed care plans. Such information shall\\ninclude at a minimum: (i) a copy of the department's notification to\\neach managed care provider that seeks a recovery of such premiums; and\\n(ii) a list of managed care providers by name that have been subject to\\na recovery of such premiums, specifying the amount of premium that has\\nbeen recovered from each managed care provider and year. In the initial\\nposting, the department shall include all premiums recovered to date as\\nrequired by this subdivision, by named managed care provider, amount and\\nyear.\\n (c) The commissioner shall include information regarding the funds\\navailable for reinvestment, including how savings are calculated and how\\nthe reinvestment was utilized pursuant to this section in the annual\\nreport required under section forty-five-c of part A of chapter\\nfifty-six of the laws of two thousand thirteen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-N", "title" : "Department of health assumption of program administration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-05-06" ], "docLevelId" : "365-N", "activeDate" : "2016-05-06", "sequenceNo" : 393, "repealedDate" : null, "fromSection" : "365-N", "toSection" : "365-N", "text" : " § 365-n. Department of health assumption of program administration. 1.\\nNotwithstanding the provisions of title two of article three of this\\nchapter or of section three hundred sixty-five of this title or of any\\nother law to the contrary, the commissioner of health (commissioner) is\\nauthorized to take actions explicitly authorized by this section that\\nare necessary to transfer responsibility for the administration of the\\nmedical assistance program from local social services districts to the\\ndepartment of health (department) by March thirty-first, two thousand\\neighteen.\\n 2. For purposes of this section, the administration of the medical\\nassistance program includes: processing applications for benefits and\\nservices available under this title and title eleven-D of this article;\\nmaking determinations of initial and ongoing eligibility for such\\nbenefits and services; making coverage determinations with respect to\\nbenefits and services requiring prior authorization; notifying\\napplicants and recipients of these determinations and of their rights\\nand responsibilities, authorizing benefits and services for persons\\nfound eligible; exercising subrogation rights with respect to amounts\\nreceived from insurance carriers or other liable third parties; imposing\\nliens and pursuing recoveries; and any other such tasks and functions\\nidentified by the commissioner.\\n 3. Notwithstanding sections sixty-one, sixty-three, seventy,\\nseventy-eight, seventy-nine, eighty-one and eighty-one-a of the civil\\nservice law or any provisions to the contrary contained in any general,\\nspecial, or local laws, all lawful appointees of a county performing the\\nfunctions established in subdivision two of this section as of the\\neffective date of this section or any such appointees who meet the open\\ncompetitive qualifications for positions established to perform these\\nfunctions will be eligible for voluntary transfer to appropriate\\npositions, in the department, that are classified to perform such\\nfunctions without further examination, qualification, or probationary\\nperiod; and, upon such transfer, will have all the rights and privileges\\nof the jurisdictional classification to which such positions are\\nallocated in the classified service of the state.\\n 4. Within one hundred twenty days of the effective date of this\\nsection, the department shall develop and implement a local department\\nof social services statement of interest. The statement of interest will\\nelicit from local departments of social services their interest in and\\ncapacity to contract with the department to perform the functions\\nestablished in subdivision two of this section. To the extent\\npracticable and in the best interest of the medical assistance program,\\nthe department shall contract with local social services districts to\\nperform all or a portion of the functions described in subdivision two\\nof this section. In no event, however, shall the department, by means\\nof such a contract, delegate its authority to exercise administrative\\ndiscretion in the administration or supervision of the state plan for\\nmedical assistance submitted pursuant to section three hundred\\nsixty-three-a of this title, or to issue policies, rules, and\\nregulations on program matters nor may any contracted entity be given\\nthe authority to change or disapprove any administrative decision of the\\ndepartment, or otherwise substitute such entity's judgment for that of\\nthe department with respect to the application of policies, rules, and\\nregulations issued by the department. Notwithstanding any inconsistent\\nprovision of sections one hundred twelve and one hundred sixty-three of\\nthe state finance law, or sections one hundred forty-two and one hundred\\nforty-three of the economic development law, or any other contrary\\nprovision of law, the commissioner is authorized to enter into a\\ncontract with local departments of social services without a competitive\\nbid or request for proposal process.\\n 5-a. (a) The commissioner may take necessary action to review the\\naccuracy of determinations of initial and ongoing eligibility under the\\nmedical assistance program, and to identify and eliminate inappropriate\\ninstances of concurrent or duplicate benefits and authorizations. The\\ncommissioner is authorized to contract with one or more entities to\\nassist the state in implementing the provisions of this subdivision.\\n (b) Notwithstanding the provisions of sections one hundred twelve and\\none hundred sixty-three of the state finance law, or section one hundred\\nforty-two of the economic development law, or any contrary provision of\\nlaw, the commissioner is authorized to enter into a contract or\\ncontracts under paragraph (a) of this subdivision without a competitive\\nbid or request for proposal process, provided, however, that:\\n (i) The department of health shall post on its website, for a period\\nof no less than thirty days:\\n (1) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (2) The criteria for selection of a contractor or contractors;\\n (3) The period of time during which a prospective contractor may seek\\nselection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (4) The manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (ii) All reasonable and responsive submissions that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner; and\\n (iii) The commissioner shall select such contractor or contractors\\nthat, in his or her discretion, are best suited to serve the purposes of\\nthis section; and\\n (iv) No contract entered pursuant to this paragraph shall have a term\\nthat ends later than March thirty-first, two thousand seventeen.\\n 6. The commissioner shall submit an annual report to the governor,\\ntemporary president of the senate, speaker of the assembly, the chair of\\nthe senate health committee and the chair of the assembly health\\ncommittee by December thirty-first, beginning in two thousand twelve and\\nfor each year thereafter until the year following full implementation.\\nThe initial report shall consist of modifications to the plan developed\\npursuant to section forty-seven-b of part B of chapter fifty-eight of\\nthe laws of two thousand ten, and shall include anticipated\\nimplementation of the revised plan, its elements, a timeline for such\\nimplementation, recommendations for legislative action, and such other\\nmatters as may be pertinent.\\n The report shall include a plan and timeline for the state to:\\n (i) assume specific functions related to the administration of the\\nmedical assistance program; (ii) coordinate the implementation of\\nprovisions of federal law with the assumption of the administration of\\nthe medical assistance program; and (iii) address the financing of the\\nmedical assistance program administration and any associated\\nadministrative cost relief to local social services districts. The\\nreport shall also indicate any function that the state intends to enter\\ninto a contract with a public and/or private entity to perform, and the\\ndate in which the state anticipates entering into any such contract. In\\naddition, reports shall, at a minimum, indicate: (i) any progress the\\ndepartment has made regarding its proposed timeline, including a summary\\nof all functions assumed by the state during the previous year; (ii) any\\nanticipated and/or actual delay from the proposed timeline; (iii) the\\nreason for any such delay; and (iv) actions the department has\\nundertaken to mitigate any such delay.\\n 7. The commissioner shall promulgate such regulations that are\\nnecessary to carry out the provisions of this section. In addition, the\\ncommissioner shall make any amendments to the state plan for medical\\nassistance, or develop and submit an application for any waiver or\\napproval under the federal social security act, that are necessary and\\nrequired to carry out the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "365-O", "title" : "Provision and coverage of services for living organ donors", "docType" : "SECTION", "publishedDates" : [ "2023-01-06", "2023-03-10", "2023-04-07" ], "docLevelId" : "365-O", "activeDate" : "2023-04-07", "sequenceNo" : 394, "repealedDate" : null, "fromSection" : "365-O", "toSection" : "365-O", "text" : " § 365-o. Provision and coverage of services for living organ donors.\\nThis section applies in the case of a living donor under section\\nforty-three hundred seventy-one of the public health law who is enrolled\\nin medical assistance under this title. Living donor expenses for\\neligible individuals under section forty-three hundred seventy-one of\\nthe public health law that are covered benefits under this title are\\nexcluded from reimbursement under the living donor support program,\\ndefined in section forty-three hundred seventy of the public health law,\\nprovided federal financial participation is available.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366", "title" : "Eligibility", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2015-04-24", "2015-05-01", "2015-12-25", "2016-04-08", "2016-04-22", "2017-08-25", "2017-12-22", "2018-04-20", "2018-06-22", "2019-01-04", "2019-04-19", "2019-12-20", "2020-04-17", "2020-10-02", "2021-04-23", "2021-08-13", "2022-01-07", "2022-04-22", "2022-07-08", "2022-07-29", "2023-01-06", "2023-03-03", "2023-05-12", "2023-10-27", "2024-04-26", "2024-05-03", "2024-08-02", "2025-01-03", "2026-06-05" ], "docLevelId" : "366", "activeDate" : "2023-05-12", "sequenceNo" : 395, "repealedDate" : null, "fromSection" : "366", "toSection" : "366", "text" : " § 366. Eligibility. 1. (a) Definitions. For purposes of this section:\\n (1) \"benchmark coverage\" refers to medical assistance coverage defined\\nin subdivision one of section three hundred sixty-five-a of this title;\\n (2) \"caretaker relative\" means a relative of a dependent child by\\nblood, adoption, or marriage with whom the child is living, who assumes\\nprimary responsibility for the child's care and who is one of the\\nfollowing:\\n (i) the child's father, mother, grandfather, grandmother, brother,\\nsister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt,\\nfirst cousin, nephew, or niece; or\\n (ii) the spouse of such parent or relative, even after the marriage is\\nterminated by death or divorce;\\n (3) \"family size\" means the number of persons counted as members of an\\nindividual's household; with respect to individuals whose medical\\nassistance eligibility is based on modified adjusted gross income, in\\ndetermining the family size of a pregnant woman, or of other individuals\\nwho have a pregnant woman in their household, the pregnant woman is\\ncounted as herself plus the number of children she is expected to\\ndeliver;\\n (4) \"federal poverty line\" means the poverty line defined and annually\\nrevised by the United States department of health and human services;\\n (5) \"household\", for purposes of determining the financial eligibility\\nof individuals whose medical assistance eligibility is based on modified\\nadjusted gross income, shall mean:\\n (i) Basic rule for taxpayers not claimed as a tax dependent. In the\\ncase of an individual who expects to file a tax return for the taxable\\nyear in which an initial determination or renewal of eligibility is\\nbeing made, and who does not expect to be claimed as a tax dependent by\\nanother taxpayer, the household consists of the taxpayer and, subject to\\nclause (v) of this subparagraph, all persons whom such individual\\nexpects to claim as a tax dependent;\\n (ii) Basic rule for individuals claimed as a tax dependent. In the\\ncase of an individual who expects to be claimed as a tax dependent by\\nanother taxpayer for the taxable year in which an initial determination\\nor renewal of eligibility is being made, the household is the household\\nof the taxpayer claiming such individual as a tax dependent, except that\\nthe household must be determined in accordance with clause (iii) of this\\nsubparagraph in the case of:\\n (A) Individuals other than a spouse or child who expect to be claimed\\nas a tax dependent by another taxpayer; and\\n (B) Individuals under nineteen years of age, or under twenty-one years\\nof age if a full-time student, who expect to be claimed by one parent as\\na tax dependent and are living with both parents but whose parents do\\nnot expect to file a joint tax return; and\\n (C) Individuals under nineteen years of age, or under twenty-one years\\nof age if a full-time student, who expect to be claimed as a tax\\ndependent by a non-custodial parent. For purposes of this subclause:\\n (1) A court order or binding separation, divorce, or custody agreement\\nestablishing physical custody controls; or\\n (2) If there is no such order or agreement or in the event of a shared\\ncustody agreement, the custodial parent is the parent with whom the\\nchild spends most nights;\\n (iii) Rules for individuals who neither file a tax return nor are\\nclaimed as a tax dependent. In the case of individuals who do not expect\\nto file a Federal tax return and do not expect to be claimed as a tax\\ndependent for the taxable year in which an initial determination or\\nrenewal of eligibility is being made, or who are described in subclauses\\n(A), (B), or (C) of clause (ii) of this subparagraph, the household\\nconsists of the individual and, if living with the individual:\\n (A) The individual's spouse;\\n (B) The individual's children under nineteen years of age, or under\\ntwenty-one years of age if a full-time student; and\\n (C) In the case of an individual under nineteen years of age, or under\\ntwenty-one years of age if a full-time student, the individual's parents\\nand the individual's siblings under nineteen years of age, or under\\ntwenty-one years of age if a full-time student;\\n (iv) Married couples. In the case of a married couple living together,\\neach spouse will be included in the household of the other spouse,\\nregardless of whether they expect to file a joint tax return under\\nsection six thousand thirteen of the internal revenue code or whether\\none spouse expects to be claimed as a tax dependent by the other spouse.\\n (v) For purposes of clause (i) of this subparagraph, if a taxpayer\\ncannot reasonably establish that another individual is a tax dependent\\nof the taxpayer for the tax year in which Medicaid is sought, the\\ninclusion of such individual in the household of the taxpayer is\\ndetermined in accordance with clause (iii) of this subparagraph.\\n (6) \"MAGI\" means modified adjusted gross income;\\n (7) \"MAGI-based income\" means income calculated using the same\\nmethodologies used to determine MAGI under section 36B(d)(2)(B) of the\\nInternal Revenue Code, with the exception of lump sum payments, certain\\neducational scholarships, and certain American Indian and Alaska Native\\nincome, as specified by the commissioner of health consistent with\\nfederal regulation at 42 CFR 435.603 or any successor regulation;\\n (8) \"MAGI household income\" means, with respect to an individual whose\\nmedical assistance eligibility is based on modified adjusted gross\\nincome, the sum of the MAGI-based income of every person included in the\\nindividual's MAGI household, except that it shall not include the\\nMAGI-based income of the following persons if such persons are not\\nexpected to be required to file a tax return in the taxable year in\\nwhich eligibility for medical assistance is being determined:\\n (i) a biological, adopted, or step child who is included in the\\nindividual's MAGI household; or\\n (ii) a person, other than a spouse or a biological, adopted, or step\\nchild, who is expected to be claimed as a tax dependent by the\\nindividual;\\n (9) \"standard coverage\" refers to medical assistance coverage defined\\nin subdivision two of section three hundred sixty-five-a of this title.\\n (b) MAGI eligibility groups. Individuals listed in this paragraph are\\neligible for medical assistance based on modified adjusted gross income.\\nIn determining the eligibility of an individual for the MAGI eligibility\\ngroup with the highest income standard under which the individual may\\nqualify, an amount equivalent to five percentage points of the federal\\npoverty level for the applicable family size will be deducted from the\\nhousehold income.\\n (1) An individual is eligible for benchmark coverage if his or her\\nMAGI household income does not exceed one hundred thirty-three percent\\nof the federal poverty line for the applicable family size and he or she\\nis:\\n (i) age nineteen or older and under age sixty-five; and\\n (ii) not pregnant; and\\n (iii) not entitled to or enrolled for benefits under parts A or B of\\ntitle XVIII of the federal social security act; and\\n (iv) not otherwise eligible for and receiving coverage under\\nsubparagraphs two and three of this paragraph; and\\n (v) not a parent or other caretaker relative of a dependent child\\nunder twenty-one years of age and living with such child, unless such\\nchild is receiving benefits under this title or under title 1-A of\\narticle twenty-five of the public health law, or otherwise is enrolled\\nin minimum essential coverage.\\n (2) A pregnant woman or an infant younger than one year of age is\\neligible for standard coverage if his or her MAGI household income does\\nnot exceed the MAGI-equivalent of two hundred percent of the federal\\npoverty line for the applicable family size, which shall be calculated\\nin accordance with guidance issued by the secretary of the United States\\ndepartment of health and human services, or an infant younger than one\\nyear of age who meets the presumptive eligibility requirements of\\nsubdivision four of section three hundred sixty-four-i of this title.\\n (3) A child who is at least one year of age but younger than nineteen\\nyears of age is eligible for standard coverage if his or her MAGI\\nhousehold income does not exceed the MAGI-equivalent of one hundred\\nthirty-three percent of the federal poverty line for the applicable\\nfamily size, which shall be calculated in accordance with guidance\\nissued by the Secretary of the United States department of health and\\nhuman services, or a child who is at least one year of age but younger\\nthan nineteen years of age who meets the presumptive eligibility\\nrequirements of subdivision four of section three hundred sixty-four-i\\nof this title.\\n * (4) An individual who is a pregnant woman or is a member of a family\\nthat contains a dependent child living with a parent or other caretaker\\nrelative is eligible for standard coverage if his or her MAGI household\\nincome does not exceed the MAGI-equivalent of one hundred thirty percent\\nof the highest amount that ordinarily would have been paid to a person\\nwithout any income or resources under the family assistance program as\\nit existed on the first day of November, nineteen hundred ninety-seven,\\nwhich shall be calculated in accordance with guidance issued by the\\nSecretary of the United States department of health and human services;\\nfor purposes of this subparagraph, the term dependent child means a\\nperson who is under eighteen years of age, or is eighteen years of age\\nand a full-time student, who is deprived of parental support or care by\\nreason of the death, continued absence, or physical or mental incapacity\\nof a parent, or by reason of the unemployment of the parent, as defined\\nby the department of health.\\n * NB Effective until January 1, 2023 subject to federal financial\\nparticipation\\n * (4) An individual who is a pregnant woman or is a member of a family\\nthat contains a dependent child living with a parent or other caretaker\\nrelative is eligible for standard coverage if their MAGI household\\nincome does not exceed one hundred thirty-three percent of the federal\\npoverty line for the applicable family size, which shall be calculated\\nin accordance with guidance issued by the Secretary of the United States\\ndepartment of health and human services; for purposes of this\\nsubparagraph, the term dependent child means a person who is under\\neighteen years of age, or is eighteen years of age and a full-time\\nstudent, who is deprived of parental support or care by reason of the\\ndeath, continued absence, or physical or mental incapacity of a parent,\\nor by reason of the unemployment of the parent, as defined by the\\ndepartment of health.\\n * NB Effective January 1, 2023 subject to federal financial\\nparticipation\\n (5) A child who is under twenty-one years of age and who was in foster\\ncare under the responsibility of the state on his or her eighteenth\\nbirthday is eligible for standard coverage; notwithstanding any\\nprovision of law to the contrary, the provisions of this subparagraph\\nshall be effective only if and for so long as federal financial\\nparticipation is available in the costs of medical assistance furnished\\nhereunder.\\n (6) An individual who is not otherwise eligible for medical assistance\\nunder this section is eligible for coverage of family planning services\\nreimbursed by the federal government at a rate of ninety percent, and\\nfor coverage of those services identified by the commissioner of health\\nas services generally performed as part of or as a follow-up to a\\nservice eligible for such ninety percent reimbursement, including\\ntreatment for sexually transmitted diseases, if his or her income does\\nnot exceed the MAGI-equivalent of two hundred percent of the federal\\npoverty line for the applicable family size, which shall be calculated\\nin accordance with guidance issued by the secretary of the United States\\ndepartment of health and human services; provided further that the\\ncommissioner of health is authorized to establish criteria for\\npresumptive eligibility for services provided pursuant to this\\nsubparagraph in accordance with all applicable requirements of federal\\nlaw or regulation pertaining to such eligibility.\\n * (7) A child who is nineteen or twenty years of age living with his\\nor her parent will be eligible for standard coverage if the sum of the\\nMAGI-based income of every person included in the child's MAGI household\\nexceeds one hundred thirty-three percent, but does not exceed one\\nhundred fifty percent, of the federal poverty line for the applicable\\nfamily size.\\n * NB Repealed October 1, 2024\\n (7-a) An individual is eligible for benchmark coverage if his or her\\nMAGI household income exceeds one hundred thirty-three percent of the\\nfederal poverty line for the applicable family size and he or she:\\n (i) was eligible or would have been eligible for the family health\\nplus program without federal financial participation in the costs of\\nmedical care and services under such program; and\\n (ii) is not eligible to enroll in a qualified health plan offered\\nthrough the state health benefit exchange established pursuant to the\\nfederal Patient Protection and Affordable Care Act (P.L. 111-148), as\\namended by the federal Health Care and Education Reconciliation Act of\\n2010 (P.L. 111-152).\\n (c) Non-MAGI eligibility groups. Individuals listed in this paragraph\\nare eligible for standard coverage. Where a financial eligibility\\ndetermination must be made by the medical assistance program for\\nindividuals in these groups, such financial eligibility will be\\ndetermined in accordance with subdivision two of this section.\\n (1) An individual receiving or eligible to receive federal\\nsupplemental security income payments and/or additional state payments\\npursuant to title six of this article; any inconsistent provision of\\nthis chapter or other law notwithstanding, the department may designate\\nthe office of temporary and disability assistance as its agent to\\ndischarge its responsibility, or so much of its responsibility as is\\npermitted by federal law, for determining eligibility for medical\\nassistance with respect to persons who are not eligible to receive\\nfederal supplemental security income payments but who are receiving a\\nstate administered supplementary payment or mandatory minimum supplement\\nin accordance with the provisions of subdivision one of section two\\nhundred twelve of this article.\\n (2) An individual who, although not receiving public assistance or\\ncare for his or her maintenance under other provisions of this chapter,\\nhas income and resources, including available support from responsible\\nrelatives, that does not exceed the amounts set forth in paragraph (a)\\nof subdivision two of this section, and is (i) sixty-five years of age\\nor older, or certified blind or certified disabled or (ii) for reasons\\nother than income or resources, is eligible for federal supplemental\\nsecurity income benefits and/or additional state payments.\\n (3) An individual who, although not receiving public assistance or\\ncare for his or her maintenance under other provisions of this chapter,\\nhas income, including available support from responsible relatives, that\\ndoes not exceed the amounts set forth in paragraph (a) of subdivision\\ntwo of this section, and is (i) under the age of twenty-one years, or\\n(ii) a spouse of a cash public assistance recipient living with him or\\nher and essential or necessary to his or her welfare and whose needs are\\ntaken into account in determining the amount of his or her cash payment,\\nor (iii) for reasons other than income, would meet the eligibility\\nrequirements of the aid to dependent children program as it existed on\\nthe sixteenth day of July, nineteen hundred ninety-six.\\n (4) A child in foster care, or a child described in section four\\nhundred fifty-four or four hundred fifty-eight-d of this chapter.\\n (5) A disabled individual at least sixteen years of age, but under the\\nage of sixty-five, who: would be eligible for benefits under the\\nsupplemental security income program but for earnings in excess of the\\nallowable limit; has net available income that does not exceed two\\nhundred fifty percent of the applicable federal income official poverty\\nline, as defined and updated by the United States department of health\\nand human services, for a one-person or two-person household, as defined\\nby the commissioner in regulation; has household resources, as defined\\nin paragraph (e) of subdivision two of section three hundred sixty-six-c\\nof this title, other than retirement accounts, that do not exceed twenty\\nthousand dollars for a one-person household or thirty thousand dollars\\nfor a two-person household, as defined by the commissioner in\\nregulation; and contributes to the cost of medical assistance provided\\npursuant to this subparagraph in accordance with subdivision twelve of\\nsection three hundred sixty-seven-a of this title; for purposes of this\\nsubparagraph, disabled means having a medically determinable impairment\\nof sufficient severity and duration to qualify for benefits under\\nsection 1902(a)(10)(A)(ii)(xv) of the social security act.\\n (6) An individual at least sixteen years of age, but under the age of\\nsixty-five, who: is employed; ceases to be in receipt of medical\\nassistance under subparagraph five of this paragraph because the person,\\nby reason of medical improvement, is determined at the time of a\\nregularly scheduled continuing disability review to no longer be\\neligible for supplemental security income program benefits or disability\\ninsurance benefits under the social security act; continues to have a\\nsevere medically determinable impairment, to be determined in accordance\\nwith applicable federal regulations; and contributes to the cost of\\nmedical assistance provided pursuant to this subparagraph in accordance\\nwith subdivision twelve of section three hundred sixty-seven-a of this\\ntitle; for purposes of this subparagraph, a person is considered to be\\nemployed if the person is earning at least the applicable minimum wage\\nunder section six of the federal fair labor standards act and working at\\nleast forty hours per month; or\\n (7) An individual receiving treatment for breast or cervical cancer\\nwho meets the eligibility requirements of paragraph (d) of subdivision\\nfour of this section or the presumptive eligibility requirements of\\nsubdivision five of section three hundred sixty-four-i of this title.\\n (8) An individual receiving treatment for colon or prostate cancer who\\nmeets the eligibility requirements of paragraph (e) of subdivision four\\nof this section or the presumptive eligibility requirements of\\nsubdivision five of section three hundred sixty-four-i of this title.\\n (9) An individual who:\\n (i) is under twenty-six years of age; and\\n (ii) was in foster care under the responsibility of the state on his\\nor her eighteenth birthday; and\\n (iii) was in receipt of medical assistance under this title while in\\nfoster care; and\\n (iv) is not otherwise eligible for medical assistance under this\\ntitle.\\n (10) A resident of a home for adults operated by a social services\\ndistrict, or a residential care center for adults or community residence\\noperated or certified by the office of mental health, and has not,\\naccording to criteria promulgated by the department consistent with this\\ntitle, sufficient income, or in the case of a person sixty-five years of\\nage or older, certified blind, or certified disabled, sufficient income\\nand resources, including available support from responsible relatives,\\nto meet all the costs of required medical care and services available\\nunder this title.\\n (d) Conditions of eligibility. A person shall not be eligible for\\nmedical assistance under this title unless he or she:\\n (1) is a resident of the state, or, while temporarily in the state,\\nrequires immediate medical care which is not otherwise available,\\nprovided that such person did not enter the state for the purpose of\\nobtaining such medical care; and\\n (2) assigns to the appropriate social services official or to the\\ndepartment, in accordance with department regulations: (i) any benefits\\nwhich are available to him or her individually from any third party for\\ncare or other medical benefits available under this title and which are\\notherwise assignable pursuant to a contract or any agreement with such\\nthird party; or (ii) any rights, of the individual or of any other\\nperson who is eligible for medical assistance under this title and on\\nwhose behalf the individual has the legal authority to execute an\\nassignment of such rights, to support specified as support for the\\npurpose of medical care by a court or administrative order; and\\n (3) cooperates with the appropriate social services official or the\\ndepartment in establishing paternity or in establishing, modifying, or\\nenforcing a support order with respect to his or her child; provided,\\nhowever, that nothing herein contained shall be construed to require a\\npayment under this title for care or services, the cost of which may be\\nmet in whole or in part by a third party; notwithstanding the foregoing,\\na social services official shall not require such cooperation if the\\nsocial services official or the department determines that such actions\\nwould be detrimental to the best interest of the child, applicant, or\\nrecipient, or with respect to pregnant women during pregnancy and during\\nthe one year period beginning on the last day of pregnancy, in\\naccordance with procedures and criteria established by regulations of\\nthe department consistent with federal law; and\\n (4) applies for and utilizes group health insurance benefits available\\nthrough a current or former employer, including benefits for a spouse\\nand dependent children, in accordance with the regulations of the\\ndepartment.\\n (e) Conditions of coverage. An otherwise eligible person shall not be\\nentitled to medical assistance coverage of care, services, and supplies\\nunder this title while he or she:\\n (1) is an inmate or patient in an institution or facility wherein\\nmedical assistance may not be provided in accordance with applicable\\nfederal or state requirements, except for persons described in\\nsubparagraph ten of paragraph (c) of this subdivision or subdivision\\none-a or subdivision one-b of this section; or except for certain\\nservices provided to persons in a correctional institution or facility\\npermitted by a waiver authorized pursuant to section eleven hundred\\nfifteen of the federal social security act; if, so long as, and to the\\nextent federal financial participation is available for such\\nexpenditures provided pursuant to such waiver; or\\n (2) is a patient in a public institution operated primarily for the\\ntreatment of tuberculosis or care of the mentally disabled, with the\\nexception of: (i) a person sixty-five years of age or older and a\\npatient in any such institution; (ii) a person under twenty-one years of\\nage and receiving in-patient psychiatric services in a public\\ninstitution operated primarily for the care of the mentally disabled;\\n(iii) a patient in a public institution operated primarily for the care\\nof individuals with developmental disabilities who is receiving medical\\ncare or treatment in that part of such institution that has been\\napproved pursuant to law as a hospital or nursing home; (iv) a patient\\nin an institution operated by the state department of mental hygiene,\\nwhile under care in a hospital on release from such institution for the\\npurpose of receiving care in such hospital; (v) is a person residing in\\na community residence or a residential care center for adults; or (vi)\\ncertain services provided to persons in an institution for mental\\ndiseases permitted by a waiver authorized pursuant to section eleven\\nhundred fifteen of the federal social security act; if, so long as, and\\nto the extent federal financial participation is available for such\\nexpenditures provided pursuant to such waiver.\\n (f) Notwithstanding any inconsistent provision of this title, for an\\nindividual who has income in excess of an applicable income eligibility\\nstandard and is allowed to achieve eligibility for medical assistance\\nunder this title by incurring medical expenses equal to the amount of\\nsuch excess income, the amount of excess income may be calculated by\\ncomparing the individual's MAGI household income to the MAGI-equivalent\\nof the applicable income eligibility standard; provided, however, that\\nmedical assistance shall be furnished pursuant to this paragraph only\\nif, for so long as, and to the extent that federal financial\\nparticipation is available therefor. The commissioner of health shall\\nmake any amendments to the state plan for medical assistance, or apply\\nfor any waiver or approval under the federal social security act that\\nare necessary to carry out the provisions of this paragraph.\\n (g) Coverage of certain noncitizens. (1) Applicants and recipients\\nwho are lawfully admitted for permanent residence, or who are\\npermanently residing in the United States under color of law, or who are\\nnon-citizens in a valid nonimmigrant status, as defined in 8 U.S.C.\\n1101(a)(15); who are MAGI eligible pursuant to paragraph (b) of this\\nsubdivision; and who would be ineligible for medical assistance coverage\\nunder subdivisions one and two of section three hundred sixty-five-a of\\nthis title solely due to their immigration status if the provisions of\\nsection one hundred twenty-two of this chapter were applied, shall only\\nbe eligible for assistance under this title if enrolled in a standard\\nhealth plan offered by a basic health program established pursuant to\\nsection three hundred sixty-nine-gg of this article or a standard health\\nplan offered by a 1332 state innovation program established pursuant to\\nsection three hundred sixty-nine-ii of this article if such program is\\nestablished and operating.\\n (2) With respect to a person described in subparagraph one of this\\nparagraph who is enrolled in a standard health plan, medical assistance\\ncoverage shall mean:\\n (i) payment of required premiums and other cost-sharing obligations\\nunder the standard health plan that exceed the person's co-payment\\nobligation under subdivision six of section three hundred sixty-seven-a\\nof this title; and\\n (ii) payment for services and supplies described in subdivision one or\\ntwo of section three hundred sixty-five-a of this title, as applicable,\\nbut only to the extent that such services and supplies are not covered\\nby the standard health plan.\\n (3) Nothing in this subdivision shall prevent a person described in\\nsubparagraph one of this paragraph from qualifying for or receiving\\nmedical assistance while his or her enrollment in a standard health plan\\nis pending, in accordance with applicable provisions of this title.\\n (4) (a) Applicants and recipients who are age sixty-five or older, who\\nare otherwise eligible for medical assistance under this section, but\\nfor their immigration status, are eligible for medical assistance\\naccording to the following:\\n (b) individuals eligible for medical assistance pursuant to\\nsubparagraph (a) of this paragraph shall participate in and receive\\ncovered benefits available through a managed care provider under section\\nthree hundred sixty-four-j of this article that is certified pursuant to\\nsection forty-four hundred three of the public health law; provided,\\nhowever, to the extent that any covered benefits available through such\\nmanaged care providers as of January first, two thousand twenty-three\\nare transitioned to fee-for-service coverage, then such individuals\\nshall continue to be entitled to these benefits in the fee-for-service\\nprogram, rather than through a managed care provider.\\n 1-a. Notwithstanding any other provision of law, in the event that a\\nperson who is an incarcerated individual of a state or local\\ncorrectional facility, as defined in section two of the correction law,\\nor an eligible juvenile inmate of a public institution, as defined in\\nsubsection (nn) of section nineteen hundred two of the social security\\nact, was in receipt of medical assistance pursuant to this title\\nimmediately prior to being admitted to such facility or public\\ninstitution, or for juveniles determined eligible for such medical\\nassistance while an inmate of a public institution, such person shall\\nremain eligible for medical assistance while an incarcerated individual,\\nexcept that no medical assistance shall be furnished pursuant to this\\ntitle for any care, services, or supplies provided during such time as\\nthe person is an incarcerated individual; provided, however, that\\nnothing herein shall be deemed as preventing the provision of medical\\nassistance for inpatient hospital services furnished to an incarcerated\\nindividual at a hospital outside of the premises of such correctional\\nfacility or public institution, or pursuant to other federal authority\\nauthorizing the provision of medical assistance to an incarcerated\\nindividual of a state or local correctional facility during the thirty\\ndays prior to release, to the extent that federal financial\\nparticipation is available for the costs of such services. Upon release\\nfrom such facility or public institution, such person shall continue to\\nbe eligible for receipt of medical assistance furnished pursuant to this\\ntitle until such time as the person is determined to no longer be\\neligible for receipt of such assistance. To the extent permitted by\\nfederal law, the time during which such person is an incarcerated\\nindividual shall not be included in any calculation of when the person\\nmust recertify his or her eligibility for medical assistance in\\naccordance with this article. The state may seek federal authority to\\nprovide medical assistance for transitional services including but not\\nlimited to medical, prescription, and care coordination services for\\nhigh needs incarcerated individuals in state and local correctional\\nfacilities during the thirty days prior to release.\\n 1-b. Notwithstanding any other provision of law, in the event that a\\nperson who is an inpatient in an institution for mental diseases, as\\ndefined by federal law and regulations, and who was in receipt of\\nmedical assistance pursuant to this title immediately prior to being\\nadmitted to such facility, or who was directly admitted to such facility\\nafter being an inpatient in another institution for mental diseases and\\nwho was in receipt of medical assistance prior to admission to such\\ntransferring institution, such person shall remain eligible for medical\\nassistance while an inpatient in such facility; provided, however, that\\nno medical assistance shall be furnished pursuant to this title for any\\ncare, services, or supplies provided during the time that such person is\\nan inpatient, except to the extent that federal financial participation\\nis available for the costs of such care, services, or supplies. Upon\\nrelease from such facility, such person shall continue to be eligible\\nfor receipt of medical assistance furnished pursuant to this title until\\nsuch time as the person is determined to no longer be eligible for\\nreceipt of such assistance. To the extent permitted by federal law, the\\ntime during which such person is an inpatient in an institution for\\nmental diseases shall not be included in any calculation of when the\\nperson must recertify his or her eligibility for medical assistance in\\naccordance with this article.\\n 2. * (a) The following income and resources shall be exempt and shall\\nnot be taken into consideration in determining a person's eligibility\\nfor medical care, services and supplies available under this title:\\n (1) (i) for applications for medical assistance filed on or before\\nDecember thirty-first, two thousand five, a homestead which is essential\\nand appropriate to the needs of the household;\\n (ii) for applications for medical assistance filed on or after January\\nfirst, two thousand six, a homestead which is essential and appropriate\\nto the needs of the household; provided, however, that in determining\\neligibility of an individual for medical assistance for nursing facility\\nservices and other long term care services, the individual shall not be\\neligible for such assistance if the individual's equity interest in the\\nhomestead exceeds seven hundred fifty thousand dollars; provided\\nfurther, that the dollar amount specified in this clause shall be\\nincreased, beginning with the year two thousand eleven, from year to\\nyear, in an amount to be determined by the secretary of the federal\\ndepartment of health and human services, based on the percentage\\nincrease in the consumer price index for all urban consumers, rounded to\\nthe nearest one thousand dollars. If such secretary does not determine\\nsuch an amount, the department of health shall increase such dollar\\namount based on such increase in the consumer price index. Nothing in\\nthis clause shall be construed as preventing an individual from using a\\nreverse mortgage or home equity loan to reduce the individual's total\\nequity interest in the homestead. The home equity limitation established\\nby this clause shall be waived in the case of a demonstrated hardship,\\nas determined pursuant to criteria established by such secretary. The\\nhome equity limitation shall not apply if one or more of the following\\npersons is lawfully residing in the individual's homestead: (A) the\\nspouse of the individual; or (B) the individual's child who is under the\\nage of twenty-one, or is blind or permanently and totally disabled, as\\ndefined in section 1614 of the federal social security act.\\n (2) essential personal property;\\n (3) a burial fund, to the extent allowed as an exempt resource under\\nthe cash assistance program to which the applicant is most closely\\nrelated;\\n (4) savings in amounts equal to one hundred fifty percent of the\\nincome amount permitted under subparagraph seven of this paragraph,\\nprovided, however, that the amounts for one and two person households\\nshall not be less than the amounts permitted to be retained by\\nhouseholds of the same size in order to qualify for benefits under the\\nfederal supplemental security income program;\\n (5) (i) such income as is disregarded or exempt under the cash\\nassistance program to which the applicant is most closely related for\\npurposes of this subparagraph, cash assistance program means either the\\naid to dependent children program as it existed on the sixteenth day of\\nJuly, nineteen hundred ninety-six, or the supplemental security income\\nprogram; and\\n (ii) such income of a disabled person (as such term is defined in\\nsection 1614(a)(3) of the federal social security act (42 U.S.C. section\\n1382c(a)(3)) or in accordance with any other rules or regulations\\nestablished by the social security administration), that is deposited in\\ntrusts as defined in clause (iii) of subparagraph two of paragraph (b)\\nof this subdivision in the same calendar month within which said income\\nis received;\\n (6) health insurance premiums;\\n (7) income based on the number of family members in the medical\\nassistance household, as defined in regulations by the commissioner\\nconsistent with federal regulations under title XIX of the federal\\nsocial security act and calculated as follows:\\n (i) The amounts for one and two person households and families shall\\nbe equal to twelve times the standard of monthly need for determining\\neligibility for and the amount of additional state payments for aged,\\nblind and disabled persons pursuant to section two hundred nine of this\\narticle rounded up to the next highest one hundred dollars for eligible\\nindividuals and couples living alone, respectively.\\n (ii) The amounts for households of three or more shall be calculated\\nby increasing the income standard for a household of two, established\\npursuant to clause (i) of this subparagraph, by fifteen percent for each\\nadditional household member above two, such that the income standard for\\na three-person household shall be one hundred fifteen percent of the\\nincome standard for a two-person household, the income standard for a\\nfour-person household shall be one hundred thirty percent of the income\\nstandard for a two-person household, and so on.\\n (iii) No other income or resources, including federal old-age,\\nsurvivors and disability insurance, state disability insurance or other\\npayroll deductions, whether mandatory or optional, shall be exempt and\\nall other income and resources shall be taken into consideration and\\nrequired to be applied toward the payment or partial payment of the cost\\nof medical care and services available under this title, to the extent\\npermitted by federal law.\\n (9) Subject to subparagraph eight, the department, upon the\\napplication of a local social services district, after passage of a\\nresolution by the local legislative body authorizing such application,\\nmay adjust the income exemption based upon the variations between cost\\nof shelter in urban areas and rural areas in accordance with standards\\nprescribed by the United States secretary of health, education and\\nwelfare.\\n (10) (i) A person who is receiving or is eligible to receive federal\\nsupplemental security income payments and/or additional state payments\\nis entitled to a personal needs allowance as follows:\\n (A) for the personal expenses of a resident of a residential health\\ncare facility, as defined by section twenty-eight hundred one of the\\npublic health law, the amount of fifty-five dollars per month;\\n (B) for the personal expenses of a resident of an intermediate care\\nfacility operated or licensed by the office for people with\\ndevelopmental disabilities or a patient of a hospital operated by the\\noffice of mental health, as defined by subdivision ten of section 1.03\\nof the mental hygiene law, the amount of thirty-five dollars per month.\\n (ii) A person who neither receives nor is eligible to receive federal\\nsupplemental security income payments and/or additional state payments\\nis entitled to a personal needs allowance as follows:\\n (A) for the personal expenses of a resident of a residential health\\ncare facility, as defined by section twenty-eight hundred one of the\\npublic health law, the amount of fifty dollars per month;\\n (B) for the personal expenses of a resident of an intermediate care\\nfacility operated or licensed by the office for people with\\ndevelopmental disabilities or a patient of a hospital operated by the\\noffice of mental health, as defined by subdivision ten of section 1.03\\nof the mental hygiene law, the amount of thirty-five dollars per month.\\n (iii) Notwithstanding the provisions of clauses (i) and (ii) of this\\nsubparagraph, the personal needs allowance for a person who is a veteran\\nhaving neither a spouse nor a child, or a surviving spouse of a veteran\\nhaving no child, who receives a reduced pension from the federal\\nveterans administration, and who is a resident of a nursing facility, as\\ndefined in section 1919 of the federal social security act, shall be\\nequal to such reduced monthly pension but shall not exceed ninety\\ndollars per month.\\n (11) subject to the availability of federal financial participation,\\nany amount, including earnings thereon, in a qualified NY ABLE account\\nas established pursuant to article eighty-four of the mental hygiene\\nlaw, any contributions to such NY ABLE account, and any distribution for\\nqualified disability expenses from such account; provided however, that\\nsuch exemption shall be consistent with section 529A of the Internal\\nRevenue Code of 1986, as amended.\\n * NB Effective until January 1, 2023 subject to federal financial\\nparticipation\\n * (a) The following income and resources shall be exempt and shall not\\nbe taken into consideration in determining a person's eligibility for\\nmedical care, services and supplies available under this title:\\n (1) (i) for applications for medical assistance filed on or before\\nDecember thirty-first, two thousand five, a homestead which is essential\\nand appropriate to the needs of the household;\\n (ii) for applications for medical assistance filed on or after January\\nfirst, two thousand six, a homestead which is essential and appropriate\\nto the needs of the household; provided, however, that in determining\\neligibility of an individual for medical assistance for nursing facility\\nservices and other long term care services, the individual shall not be\\neligible for such assistance if the individual's equity interest in the\\nhomestead exceeds seven hundred fifty thousand dollars; provided\\nfurther, that the dollar amount specified in this clause shall be\\nincreased, beginning with the year two thousand eleven, from year to\\nyear, in an amount to be determined by the secretary of the federal\\ndepartment of health and human services, based on the percentage\\nincrease in the consumer price index for all urban consumers, rounded to\\nthe nearest one thousand dollars. If such secretary does not determine\\nsuch an amount, the department of health shall increase such dollar\\namount based on such increase in the consumer price index. Nothing in\\nthis clause shall be construed as preventing an individual from using a\\nreverse mortgage or home equity loan to reduce the individual's total\\nequity interest in the homestead. The home equity limitation established\\nby this clause shall be waived in the case of a demonstrated hardship,\\nas determined pursuant to criteria established by such secretary. The\\nhome equity limitation shall not apply if one or more of the following\\npersons is lawfully residing in the individual's homestead: (A) the\\nspouse of the individual; or (B) the individual's child who is under the\\nage of twenty-one, or is blind or permanently and totally disabled, as\\ndefined in section 1614 of the federal social security act.\\n (2) essential personal property;\\n (3) a burial fund, to the extent allowed as an exempt resource under\\nthe cash assistance program to which the applicant is most closely\\nrelated;\\n (4) savings in amounts equal to one hundred fifty percent of the\\nincome amount permitted under subparagraph seven of this paragraph,\\nprovided, however, that the amounts for one and two person households\\nshall not be less than the amounts permitted to be retained by\\nhouseholds of the same size in order to qualify for benefits under the\\nfederal supplemental security income program;\\n (5) (i) such income as is disregarded or exempt under the cash\\nassistance program to which the applicant is most closely related for\\npurposes of this subparagraph, cash assistance program means either the\\naid to dependent children program as it existed on the sixteenth day of\\nJuly, nineteen hundred ninety-six, or the supplemental security income\\nprogram; and\\n (ii) such income of a disabled person (as such term is defined in\\nsection 1614(a)(3) of the federal social security act (42 U.S.C. section\\n1382c(a)(3)) or in accordance with any other rules or regulations\\nestablished by the social security administration), that is deposited in\\ntrusts as defined in clause (iii) of subparagraph two of paragraph (b)\\nof this subdivision in the same calendar month within which said income\\nis received;\\n (6) health insurance premiums;\\n (7) income based on the number of family members in the medical\\nassistance household, as defined in regulations by the commissioner\\nconsistent with federal regulations under title XIX of the federal\\nsocial security act that does not exceed one hundred thirty-eight\\npercent of the federal poverty line for the applicable family size,\\nwhich shall be calculated in accordance with guidance issued by the\\nUnited States secretary for health and human services and with other\\napplicable provisions of this section;\\n (8) No other income or resources, including federal old-age, survivors\\nand disability insurance, state disability insurance or other payroll\\ndeductions, whether mandatory or optional, shall be exempt and all other\\nincome and resources shall be taken into consideration and required to\\nbe applied toward the payment or partial payment of the cost of medical\\ncare and services available under this title, to the extent permitted by\\nfederal law.\\n (9) Subject to subparagraph eight, the department, upon the\\napplication of a local social services district, after passage of a\\nresolution by the local legislative body authorizing such application,\\nmay adjust the income exemption based upon the variations between cost\\nof shelter in urban areas and rural areas in accordance with standards\\nprescribed by the United States secretary of health, education and\\nwelfare.\\n (10) (i) A person who is receiving or is eligible to receive federal\\nsupplemental security income payments and/or additional state payments\\nis entitled to a personal needs allowance as follows:\\n (A) for the personal expenses of a resident of a residential health\\ncare facility, as defined by section twenty-eight hundred one of the\\npublic health law, the amount of fifty-five dollars per month;\\n (B) for the personal expenses of a resident of an intermediate care\\nfacility operated or licensed by the office for people with\\ndevelopmental disabilities or a patient of a hospital operated by the\\noffice of mental health, as defined by subdivision ten of section 1.03\\nof the mental hygiene law, the amount of thirty-five dollars per month.\\n (ii) A person who neither receives nor is eligible to receive federal\\nsupplemental security income payments and/or additional state payments\\nis entitled to a personal needs allowance as follows:\\n (A) for the personal expenses of a resident of a residential health\\ncare facility, as defined by section twenty-eight hundred one of the\\npublic health law, the amount of fifty dollars per month;\\n (B) for the personal expenses of a resident of an intermediate care\\nfacility operated or licensed by the office for people with\\ndevelopmental disabilities or a patient of a hospital operated by the\\noffice of mental health, as defined by subdivision ten of section 1.03\\nof the mental hygiene law, the amount of thirty-five dollars per month.\\n (iii) Notwithstanding the provisions of clauses (i) and (ii) of this\\nsubparagraph, the personal needs allowance for a person who is a veteran\\nhaving neither a spouse nor a child, or a surviving spouse of a veteran\\nhaving no child, who receives a reduced pension from the federal\\nveterans administration, and who is a resident of a nursing facility, as\\ndefined in section 1919 of the federal social security act, shall be\\nequal to such reduced monthly pension but shall not exceed ninety\\ndollars per month.\\n (11) subject to the availability of federal financial participation,\\nany amount, including earnings thereon, in a qualified NY ABLE account\\nas established pursuant to article eighty-four of the mental hygiene\\nlaw, any contributions to such NY ABLE account, and any distribution for\\nqualified disability expenses from such account; provided however, that\\nsuch exemption shall be consistent with section 529A of the Internal\\nRevenue Code of 1986, as amended.\\n * NB Effective January 1, 2023 subject to federal financial\\nparticipation\\n * (b) (1) In establishing standards for determining eligibility for\\nand amount of such assistance, the department shall take into account\\nonly such income and resources, in accordance with federal requirements,\\nas are available to the applicant or recipient and as would not be\\nrequired to be disregarded or set aside for future needs, and there\\nshall be a reasonable evaluation of any such income or resources. There\\nshall not be taken into consideration the financial responsibility of\\nany individual for any applicant or recipient of assistance under this\\ntitle unless such applicant or recipient is such individual's spouse or\\nsuch individual's child who is under twenty-one years of age. In\\ndetermining the eligibility of a child who is categorically eligible as\\nblind or disabled, as determined under regulations prescribed by the\\nsocial security act for medical assistance, the income and resources of\\nparents or spouses of parents are not considered available to that child\\nif she/he does not regularly share the common household even if the\\nchild returns to the common household for periodic visits. In the\\napplication of standards of eligibility with respect to income, costs\\nincurred for medical care, whether in the form of insurance premiums or\\notherwise, shall be taken into account. Any person who is eligible for,\\nor reasonably appears to meet the criteria of eligibility for, benefits\\nunder title XVIII of the federal social security act shall be required\\nto apply for and fully utilize such benefits in accordance with this\\nchapter.\\n (2) (a) Notwithstanding any inconsistent provision of this chapter or\\nany other law to the contrary, upon the request of the social services\\ndistrict the commissioner shall, subject to the approval of the director\\nof the budget and the procurement of the applicable federal waiver,\\nauthorize demonstration projects in up to five social services\\ndistricts, or portions thereof, for the purpose of testing the\\nfeasibility of utilizing a special medical assistance income eligibility\\nstandard for certain persons in general hospitals on alternate care\\nstatus who have been determined medically eligible for care in the\\ncommunity, in order to ease the financial burden of the legally\\nresponsible relatives. For any person sixty-five years of age or older\\nresiding in such social services districts, who is in a general hospital\\non alternate care status awaiting placement in a nursing home or\\nintermediate care facility, as to whom it has been determined by the\\nsocial services district that such person can be sustained in the\\ncommunity with in-home services at a cost not exceeding seventy-five\\npercent of the average cost of care in a nursing home or intermediate\\ncare facility, and who meets such other criteria as the commissioner may\\nestablish, the social services district may, where it is beneficial to\\nthe applicant and legally responsible relatives, make a separate\\neligibility determination for such person, by adding the income of such\\nperson and support considered available from the legally responsible\\nrelative determined in accordance with regulations of the department,\\nand comparing this sum to the medical assistance income exemption level\\nfor a household of one.\\n (b) In addition to the authorization provided for in clause (a), the\\ncommissioner shall, upon request of a social services district,\\nauthorize one social services district, or a portion thereof, to use the\\nspecial medical assistance income eligibility standard established in\\nclause (a) for persons: who are sixty-five years of age or older in\\ngeneral hospitals or in the community and who are medically eligible for\\nplacement in a nursing home or intermediate care facility; and who it\\nhas been determined by the social services district can be sustained in\\nthe community with in-home services at a cost not to exceed the average\\ncost of care in a nursing home or intermediate care facility.\\n (c) No provision of this subparagraph shall be construed so as to deny\\nany benefit to a person otherwise eligible for medical assistance in\\naccordance with this chapter.\\n (d) Resource eligibility shall be established in accordance with the\\nrequirements of paragraph (a) of this subdivision.\\n (e) This subparagraph shall be effective if, and as long as, federal\\nfinancial participation is available.\\n * NB Expired March 31, 1988\\n * NB There are 2 sb 2 ¶(b)'s\\n * (b) (1) In establishing standards for determining eligibility for\\nand amount of such assistance, the department shall take into account\\nonly such income and resources, in accordance with federal requirements,\\nas are available to the applicant or recipient and as would not be\\nrequired to be disregarded or set aside for future needs, and there\\nshall be a reasonable evaluation of any such income or resources. The\\ndepartment shall not consider the availability of an option for an\\naccelerated payment of death benefits or special surrender value\\npursuant to paragraph one of subsection (a) of section one thousand one\\nhundred thirteen of the insurance law, or an option to enter into a\\nviatical settlement pursuant to the provisions of article seventy-eight\\nof the insurance law, as an available resource in determining\\neligibility for an amount of such assistance, provided, however, that\\nthe payment of such benefits shall be considered in determining\\neligibility for and amount of such assistance. There shall not be taken\\ninto consideration the financial responsibility of any individual for\\nany applicant or recipient of assistance under this title unless such\\napplicant or recipient is such individual's spouse or such individual's\\nchild who is under twenty-one years of age. In determining the\\neligibility of a child who is categorically eligible as blind or\\ndisabled, as determined under regulations prescribed by the social\\nsecurity act for medical assistance, the income and resources of parents\\nor spouses of parents are not considered available to that child if\\nshe/he does not regularly share the common household even if the child\\nreturns to the common household for periodic visits. In the application\\nof standards of eligibility with respect to income, costs incurred for\\nmedical care, whether in the form of insurance premiums or otherwise,\\nshall be taken into account. Any person who is eligible for, or\\nreasonably appears to meet the criteria of eligibility for, benefits\\nunder title XVIII of the federal social security act shall be required\\nto apply for and fully utilize such benefits in accordance with this\\nchapter.\\n (2) In evaluating the income and resources available to an applicant\\nfor or recipient of medical assistance, for purposes of determining\\neligibility for and the amount of such assistance, the department must\\nconsider assets held in or paid from trusts created by such applicant or\\nrecipient, as determined pursuant to the regulations of the department,\\nin accordance with the provisions of this subparagraph.\\n (i) In the case of a revocable trust created by an applicant or\\nrecipient, as determined pursuant to regulations of the department: the\\ntrust corpus must be considered to be an available resource; payments\\nmade from the trust to or for the benefit of such applicant or recipient\\nmust be considered to be available income; and any other payments from\\nthe trust must be considered to be assets disposed of by such applicant\\nor recipient for purposes of paragraph (d) of subdivision five of this\\nsection.\\n (ii) In the case of an irrevocable trust created by an applicant or\\nrecipient, as determined pursuant to regulations of the department: any\\nportion of the trust corpus, and of the income generated by the trust\\ncorpus, from which no payment can under any circumstances be made to\\nsuch applicant or recipient must be considered, as of the date of\\nestablishment of the trust, or, if later, the date on which payment to\\nthe applicant or recipient is foreclosed, to be assets disposed of by\\nsuch applicant or recipient for purposes of paragraph (d) of subdivision\\nfive of this section; any portion of the trust corpus, and of the income\\ngenerated by the trust corpus, from which payment could be made to or\\nfor the benefit of such applicant or recipient must be considered to be\\nan available resource; payments made from the trust to or for the\\nbenefit of such applicant or recipient must be considered to be\\navailable income; and any other payments from the trust must be\\nconsidered to be assets disposed of by such applicant or recipient for\\npurposes of paragraph (d) of subdivision five of this section.\\n (iii) Notwithstanding the provisions of clauses (i) and (ii) of this\\nsubparagraph, in the case of an applicant or recipient who is disabled,\\nas such term is defined in section 1614(a)(3) of the federal social\\nsecurity act, the department must not consider as available income or\\nresources the corpus or income of the following trusts which comply with\\nthe provisions of the regulations authorized by clause (iv) of this\\nsubparagraph: (A) a trust containing the assets of such a disabled\\nindividual which was established for the benefit of the disabled\\nindividual while such individual was under sixty-five years of age by\\nthe individual, a parent, grandparent, legal guardian, or court of\\ncompetent jurisdiction, if upon the death of such individual the state\\nwill receive all amounts remaining in the trust up to the total value of\\nall medical assistance paid on behalf of such individual; (B) and a\\ntrust containing the assets of such a disabled individual established\\nand managed by a non-profit association which maintains separate\\naccounts for the benefit of disabled individuals, but, for purposes of\\ninvestment and management of trust funds, pools the accounts, provided\\nthat accounts in the trust fund are established solely for the benefit\\nof individuals who are disabled as such term is defined in section\\n1614(a)(3) of the federal social security act by such disabled\\nindividual, a parent, grandparent, legal guardian, or court of competent\\njurisdiction, and to the extent that amounts remaining in the\\nindividual's account are not retained by the trust upon the death of the\\nindividual, the state will receive all such remaining amounts up to the\\ntotal value of all medical assistance paid on behalf of such individual.\\nNotwithstanding any law to the contrary, a not-for-profit corporation\\nmay, in furtherance of and as an adjunct to its corporate purposes, act\\nas trustee of a trust for persons with disabilities established pursuant\\nto this subclause, provided that a trust company, as defined in\\nsubdivision seven of section one hundred-c of the banking law, acts as\\nco-trustee.\\n (iv) The department shall promulgate such regulations as may be\\nnecessary to carry out the provisions of this subparagraph. Such\\nregulations shall include provisions for: assuring the fulfillment of\\nfiduciary obligations of the trustee with respect to the remainder\\ninterest of the department or state; monitoring pooled trusts; applying\\nthis subdivision to legal instruments and other devices similar to\\ntrusts, in accordance with applicable federal rules and regulations; and\\nestablishing procedures under which the application of this subdivision\\nwill be waived with respect to an applicant or recipient who\\ndemonstrates that such application would work an undue hardship on him\\nor her, in accordance with standards specified by the secretary of the\\nfederal department of health and human services. Such regulations may\\nrequire: notification of the department of the creation or funding of\\nsuch a trust for the benefit of an applicant for or recipient of medical\\nassistance; notification of the department of the death of a beneficiary\\nof such a trust who is a current or former recipient of medical\\nassistance; in the case of a trust, the corpus of which exceeds one\\nhundred thousand dollars, notification of the department of transactions\\ntending to substantially deplete the trust corpus; notification of the\\ndepartment of any transactions involving transfers from the trust corpus\\nfor less than fair market value; the bonding of the trustee when the\\nassets of such a trust equal or exceed one million dollars, unless a\\ncourt of competent jurisdiction waives such requirement; and the bonding\\nof the trustee when the assets of such a trust are less than one million\\ndollars, upon order of a court of competent jurisdiction. The\\ndepartment, together with the department of financial services, shall\\npromulgate regulations governing the establishment, management and\\nmonitoring of trusts established pursuant to subclause (B) of clause\\n(iii) of this subparagraph in which a not-for-profit corporation and a\\ntrust company serve as co-trustees.\\n (v) Notwithstanding any acts, omissions or failures to act of a\\ntrustee of a trust which the department or a local social services\\nofficial has determined complies with the provisions of clause (iii) and\\nthe regulations authorized by clause (iv) of this subparagraph, the\\ndepartment must not consider the corpus or income of any such trust as\\navailable income or resources of the applicant or recipient who is\\ndisabled, as such term is defined in section 1614(a)(3) of the federal\\nsocial security act. The department's remedy for redress of any acts,\\nomissions or failures to act by such a trustee which acts, omissions or\\nfailures are considered by the department to be inconsistent with the\\nterms of the trust, contrary to applicable laws and regulations of the\\ndepartment, or contrary to the fiduciary obligations of the trustee\\nshall be the commencement of an action or proceeding under subdivision\\none of section sixty-three of the executive law to safeguard or enforce\\nthe state's remainder interest in the trust, or such other action or\\nproceeding as may be lawful and appropriate as to assure compliance by\\nthe trustee or to safeguard and enforce the state's remainder interest\\nin the trust.\\n (vi) The department shall provide written notice to an applicant for\\nor recipient of medical assistance who is or reasonably appears to be\\neligible for medical assistance except for having income exceeding\\napplicable income levels. The notice shall inform the applicant or\\nrecipient, in plain language, that in certain circumstances the medical\\nassistance program does not count the income of disabled applicants and\\nrecipients if it is placed in a trust described in clause (iii) of this\\nsubparagraph. The notice shall be included with the eligibility notice\\nprovided to such applicants and recipients and shall reference where\\nadditional information may be found on the department's website. This\\nclause shall not be construed to change any criterion for eligibility\\nfor medical assistance.\\n * NB There are 2 sb 2 ¶(b)'s\\n (3) (a) Social services officials shall authorize medical assistance\\nfor persons who would be eligible for such assistance except that their\\nincomes exceed the applicable medical assistance income eligibility\\nstandard, which is determined according to paragraph (a) of subdivision\\ntwo of this section, to become eligible for medical assistance by paying\\nto their social services districts the amount by which their incomes\\nexceed such income eligibility levels.\\n (b) Social services districts shall safeguard, by deposit in special\\naccounts, any amounts paid to them by such recipients of medical\\nassistance benefits. The amount of any medical assistance payments made\\nto providers of medical assistance on behalf of such recipients, shall\\nbe charged against the amount in recipients' accounts. Districts shall,\\nin accordance with their approved plans, periodically refund the\\namounts, if any, by which the amounts in recipients' accounts exceed the\\namounts of any medical assistance payments made on their behalf.\\nDistricts shall report to the department amounts in recipients' accounts\\nthat are equal to the amount of medical assistance payments made on\\nrecipients' behalf.\\n (c) Eligibility under this subparagraph shall be authorized only in\\naccordance with plans submitted by social services districts and\\napproved by the commissioner. Plans must be submitted by social services\\ndistricts to the commissioner no later than February first, nineteen\\nhundred ninety-six. The commissioner shall only approve plans that\\ninclude a detailed description of how the district will administer the\\nprogram, enroll recipients, safeguard monies in recipients' accounts,\\nreconcile payments made to providers of medical assistance services with\\naccount balances and refund the amounts by which recipients' account\\nfunds exceed the amounts paid to providers on their behalf.\\n (d) By January first, nineteen hundred ninety-five, the department\\nshall submit to the governor and the legislature a report evaluating the\\ndemonstration programs effect on enrollees' access to medical assistance\\ncare and services and any other subjects the commissioner deems\\nrelevant.\\n (e) Notwithstanding any other provision of law, administrative\\nexpenditures incurred by local social services districts in relation to\\nthis section shall be reimbursable as provided in subdivision one of\\nsection three hundred sixty-eight-a of this article.\\n 3. (a) Medical assistance shall be furnished to applicants in cases\\nwhere, although such applicant has a responsible relative with\\nsufficient income and resources to provide medical assistance as\\ndetermined by the regulations of the department, the income and\\nresources of the responsible relative are not available to such\\napplicant because of the absence of such relative or the refusal or\\nfailure of such relative to provide the necessary care and assistance.\\nIn such cases, however, the furnishing of such assistance shall create\\nan implied contract with such relative, and the cost thereof may be\\nrecovered from such relative in accordance with title six of article\\nthree and other applicable provisions of law.\\n (b) (i) When a legally responsible relative agrees or is ordered by a\\ncourt or administrative tribunal of competent jurisdiction to provide\\nhealth insurance or other medical care coverage for his or her\\ndependents or other persons, and such dependents or other persons are\\napplicants for, recipients of or otherwise entitled to receive medical\\nassistance pursuant to this title, the department and social services\\nofficials shall be subrogated to any rights that the responsible\\nrelative may have to obtain reimbursement from a third party for the\\ncosts of medical care for such dependents or persons.\\n (ii) Upon receipt of an application, or upon a determination of\\neligibility, for assistance pursuant to this title, the department and\\nsocial services officials shall be deemed to have furnished assistance\\nto any such dependent or person entitled to receive medical assistance\\npursuant to this title and shall be subrogated to any rights such person\\nmay have to third party reimbursement as provided in paragraph (b) of\\nsubdivision two of section three hundred sixty-seven-a of this title.\\n (iii) For purposes of determining whether a person is legally\\nresponsible for a person receiving assistance under this title, the\\nfollowing shall be dispositive: a copy of a support order issued\\npursuant to section four hundred sixteen or five hundred forty-five of\\nthe family court act or section two hundred thirty-six or two hundred\\nforty of the domestic relations law; an order described in paragraph (h)\\nof subdivision four of this section; an order of a court or\\nadministrative tribunal of competent jurisdiction pursuant to the\\nprovisions of this subdivision; or any other order of a court or\\nadministrative tribunal of competent jurisdiction subject to the\\nprovisions of this subdivision. If a notice of subrogation as described\\nin paragraph (b) of subdivision two of section three hundred\\nsixty-seven-a of this title is accompanied by dispositive documentation\\nthat a person is legally responsible for a person receiving assistance\\nunder this title, any third party liable for reimbursement for the costs\\nof medical care shall accord the department or any social services\\nofficial the rights of and benefits available to the responsible\\nrelative that pertain to the provision of medical care to any persons\\nentitled to medical assistance pursuant to this title for whom the\\nrelative is legally responsible.\\n (c) The provisions of this subdivision shall not be construed to\\ndiminish the authority of a social services official to bring a\\nproceeding pursuant to the provisions of this chapter or other\\nprovisions of law (1) to compel any responsible relative to contribute\\nto the support of any person receiving or liable to become in need of\\nmedical assistance, or (2) to recover from a recipient or a responsible\\nrelative the cost of medical assistance not correctly paid.\\n 4. Special eligibility provisions.\\n (a) Transitional medical assistance.\\n (1) Notwithstanding any other provision of law, each family which was\\neligible for medical assistance pursuant to subparagraph four of\\nparagraph (b) of subdivision one of this section in at least one of the\\nsix months immediately preceding the month in which such family became\\nineligible for such assistance because of income from the employment of\\nthe caretaker relative shall, while such family includes a dependent\\nchild, remain eligible for medical assistance for twelve calendar months\\nimmediately following the month in which such family would otherwise be\\ndetermined to be ineligible for medical assistance pursuant to the\\nprovisions of this title and the regulations of the department governing\\nincome and resource limitations relating to eligibility determinations\\nfor families described in subparagraph four of paragraph (b) of\\nsubdivision one of this section.\\n (2) (i) Upon giving notice of termination of medical assistance\\nprovided pursuant to subparagraph four of paragraph (b) of subdivision\\none of this section, the department shall notify each such family of its\\nrights to extended benefits under subparagraph one of this paragraph and\\ndescribe the conditions under which such extension may be terminated.\\n (ii) The department shall promulgate regulations implementing the\\nrequirements of this subparagraph and subparagraph one of this paragraph\\nrelating to the conditions under which extended coverage hereunder may\\nbe terminated, the scope of coverage, and the conditions under which\\ncoverage may be extended pending a redetermination of eligibility. Such\\nregulations shall, at a minimum, provide for: termination of such\\ncoverage at the close of the first month in which the family ceases to\\ninclude a dependent child; notice of termination prior to the effective\\ndate of any terminations; coverage under employee health plans and\\nhealth maintenance organizations; and disqualification of persons for\\nextended coverage benefits under this paragraph for fraud.\\n (3) Notwithstanding any inconsistent provision of law, each family\\nwhich was eligible for medical assistance pursuant to subparagraph four\\nof paragraph (b) of subdivision one of this section in at least three of\\nthe six months immediately preceding the month in which such family\\nbecame ineligible for such assistance as a result, wholly or partly, of\\nthe collection or increased collection of spousal support pursuant to\\npart D of title IV of the federal social security act, shall, for\\npurposes of medical assistance eligibility, be considered to be eligible\\nfor medical assistance pursuant to subparagraph four of paragraph (b) of\\nsubdivision one of this section for an additional four calendar months\\nbeginning with the month ineligibility for such assistance begins.\\n (b) Pregnant women and children.\\n (1) A pregnant woman eligible for medical assistance under\\nsubparagraph two or four of paragraph (b) of subdivision one of this\\nsection on any day of her pregnancy will continue to be eligible for\\nsuch care and services for a period of one year beginning on the last\\nday of pregnancy, without regard to any change in the income of the\\nfamily that includes the pregnant woman, even if such change otherwise\\nwould have rendered her ineligible for medical assistance.\\n (2) A child born to a woman eligible for and receiving medical\\nassistance on the date of the child's birth shall be deemed to have\\napplied for medical assistance and to have been found eligible for such\\nassistance on the date of such birth and to remain eligible for such\\nassistance for a period of one year, so long as the child is a member of\\nthe woman's household and the woman remains eligible for such assistance\\nor would remain eligible for such assistance if she were pregnant.\\n (3) A child under the age of nineteen who is determined eligible for\\nmedical assistance under the provisions of this section, shall,\\nconsistent with applicable federal requirements, remain eligible for\\nsuch assistance until the earlier of:\\n (i) the last day of the month which is twelve months following the\\ndetermination or redetermination of eligibility for such assistance; or\\n (ii) the last day of the month in which the child reaches the age of\\nnineteen.\\n (4) An infant eligible under subparagraph two or four of paragraph (b)\\nof subdivision one of this section who is receiving medically necessary\\nin-patient services for which medical assistance is provided on the date\\nthe child attains one year of age, and who, but for attaining such age,\\nwould remain eligible for medical assistance under such subparagraph,\\nshall continue to remain eligible until the end of the stay for which\\nin-patient services are being furnished.\\n (5) A child eligible under subparagraph three of paragraph (b) of\\nsubdivision one of this section who is receiving medically necessary\\nin-patient services for which medical assistance is provided on the date\\nthe child attains nineteen years of age, and who, but for attaining such\\nage, would remain eligible for medical assistance under this paragraph,\\nshall continue to remain eligible until the end of the stay for which\\nin-patient services are being furnished.\\n (6) A woman who was pregnant while in receipt of medical assistance\\nwho subsequently loses her eligibility for medical assistance shall have\\nher eligibility for medical assistance continued for a period of\\ntwenty-four months from the end of the month in which the sixtieth day\\nfollowing the end of her pregnancy occurs, but only for Federal Title X\\nservices which are eligible for reimbursement by the federal government\\nat a rate of ninety percent; provided, however, that such ninety percent\\nlimitation shall not apply to those services identified by the\\ncommissioner as services, including treatment for sexually transmitted\\ndiseases, generally performed as part of or as a follow-up to a service\\neligible for such ninety percent reimbursement; and provided further,\\nhowever, that nothing in this paragraph shall be deemed to affect\\npayment for such Title X services if federal financial participation is\\nnot available for such care, services and supplies.\\n (c) Continuous coverage for adults. Notwithstanding any other\\nprovision of law, a person whose eligibility for medical assistance is\\nbased on the modified adjusted gross income of the person or the\\nperson's household, and who loses eligibility for such assistance for a\\nreason other than citizenship status, lack of state residence, or\\nfailure to provide a valid social security number, before the end of a\\ntwelve month period beginning on the effective date of the person's\\ninitial eligibility for such assistance, or before the end of a twelve\\nmonth period beginning on the date of any subsequent determination of\\neligibility based on modified adjusted gross income, shall have his or\\nher eligibility for such assistance continued until the end of such\\ntwelve month period, provided that federal financial participation in\\nthe costs of such assistance is available.\\n (d) Breast and cervical cancer treatment.\\n (1) Persons who are not eligible for medical assistance under the\\nterms of section 1902(a)(10)(A)(i) of the federal social security act\\nare eligible for medical assistance coverage during the treatment of\\nbreast or cervical cancer, subject to the provisions of this paragraph.\\n (2) (i) Medical assistance is available under this paragraph to\\npersons who are under sixty-five years of age, have been screened for\\nbreast and/or cervical cancer under the Centers for Disease Control and\\nPrevention breast and cervical cancer early detection program and need\\ntreatment for breast or cervical cancer, and are not otherwise covered\\nunder creditable coverage as defined in the federal public health\\nservice act; provided however that medical assistance shall be furnished\\npursuant to this clause only to the extent permitted under federal law,\\nif, for so long as, and to the extent that federal financial\\nparticipation is available therefor.\\n (ii) Medical assistance is available under this paragraph to persons\\nwho meet the requirements of clause (i) of this subparagraph but for\\ntheir age and/or gender, who have been screened for breast and/or\\ncervical cancer under the program described in title one-A of article\\ntwenty-four of the public health law and need treatment for breast or\\ncervical cancer, and are not otherwise covered under creditable coverage\\nas defined in the federal public health service act; provided however\\nthat medical assistance shall be furnished pursuant to this clause only\\nif and for so long as the provisions of clause (i) of this subparagraph\\nare in effect.\\n (3) Medical assistance provided to a person under this paragraph shall\\nbe limited to the period in which such person requires treatment for\\nbreast or cervical cancer.\\n (4) (i) The commissioner of health shall promulgate such regulations\\nas may be necessary to carry out the provisions of this paragraph. Such\\nregulations shall include, but not be limited to: eligibility\\nrequirements; a description of the medical services which are covered;\\nand a process for providing presumptive eligibility when a qualified\\nentity, as defined by the commissioner, determines on the basis of\\npreliminary information that a person meets the requirements for\\neligibility under this paragraph.\\n (ii) For purposes of determining eligibility for medical assistance\\nunder this paragraph, resources available to such individual shall not\\nbe considered nor required to be applied toward the payment or part\\npayment of the cost of medical care, services and supplies available\\nunder this paragraph.\\n (iii) An individual shall be eligible for presumptive eligibility for\\nmedical assistance under this paragraph in accordance with subdivision\\nfive of section three hundred sixty-four-i of this title.\\n (5) The commissioner of health shall, consistent with this title, make\\nany necessary amendments to the state plan for medical assistance\\nsubmitted pursuant to section three hundred sixty-three-a of this title,\\nin order to ensure federal financial participation in expenditures under\\nthis paragraph. Notwithstanding any provision of law to the contrary,\\nthe provisions of clause (i) of subparagraph two of this paragraph shall\\nbe effective only if and for so long as federal financial participation\\nis available in the costs of medical assistance furnished thereunder.\\n (e) Colon and prostate cancer treatment.\\n (1) Notwithstanding any other provision of law to the contrary, a\\nperson who has been screened or referred for screening for colon or\\nprostate cancer by the cancer services screening program, as\\nadministered by the department of health, and has been diagnosed with\\ncolon or prostate cancer is eligible for medical assistance for the\\nduration of his or her treatment for such cancer.\\n (2) Persons eligible for medical assistance under this paragraph shall\\nhave an income of two hundred fifty percent or less of the comparable\\nfederal income official poverty line as defined and annually revised by\\nthe federal office of management and budget.\\n (3) An individual shall be eligible for presumptive eligibility for\\nmedical assistance under this paragraph in accordance with subdivision\\nfive of section three hundred sixty-four-i of this title.\\n (4) Medical assistance is available under this paragraph to persons\\nwho are under sixty-five years of age, and are not otherwise covered\\nunder creditable coverage as defined in the federal Public Health\\nService Act.\\n 5. (a) In determining the initial or continuing eligibility of any\\nperson for assistance under this title, there shall be included in the\\namount of resources considered available to such person the\\nuncompensated value of any resource transferred prior to the date of\\napplication for medical assistance as specified in paragraphs (b), (c),\\n(d) and (e) of this subdivision, and such person shall be ineligible for\\nsuch assistance for such period or periods as specified in this\\nsubdivision.\\n (b) For transfers made on or after April tenth, nineteen hundred\\neighty-two and prior to October first, nineteen hundred eighty-nine:\\n (1) a nonexempt resource shall mean any resource which if retained by\\nsuch person would not be exempt from consideration under the provisions\\nof subdivision two of this section;\\n (2) any transfer of a nonexempt resource made within twenty-four\\nmonths prior to the date of a person's application for medical\\nassistance shall be presumed to have been made for the purpose of\\nqualifying for such assistance; however, if such person furnishes\\nevidence to establish that the transfer was exclusively for some other\\npurpose, the uncompensated value shall not be considered available to\\nsuch person in determining his or her initial or continued eligibility\\nfor medical assistance;\\n (3) the uncompensated value of any such resource shall be the fair\\nmarket value of such resource at the time of transfer, minus the amount\\nof the compensation received by the person in exchange for the resource;\\n (4) any person determined to have excess resources of twelve thousand\\ndollars or less because of the application of this paragraph shall\\nremain ineligible for assistance under this title for a period of\\ntwenty-four months from the date of the transfer, or until such person\\ncan demonstrate that he or she has incurred medical expenses after the\\ndate of transfer in the amount of such excess above otherwise allowable\\nresources, whichever period is shorter;\\n (5) any person determined to have excess resources of more than twelve\\nthousand dollars because of the application of this paragraph shall\\nremain ineligible for assistance under this title for a period which\\nexceeds twenty-four months, which period shall be determined by adding\\nan additional month of ineligibility for each two thousand dollars in\\nexcess of twelve thousand dollars, or until such person can demonstrate\\nthat he or she has incurred medical expenses after the date of transfer\\nin the amount of such excess above otherwise allowable resources,\\nwhichever period is shorter.\\n (c) For transfers made on or after October first, nineteen hundred\\neighty-nine:\\n (1) (i) \"institutionalized person\" means any person who is an\\nin-patient in a nursing facility, or who is an in-patient in a medical\\nfacility and is receiving a level of care provided in a nursing\\nfacility, or who is receiving care, services or supplies pursuant to a\\nwaiver pursuant to subsection (c) of section nineteen hundred fifteen of\\nthe federal social security act.\\n (ii) \"resources\" includes any resources which would not be considered\\nexempt from consideration under the provisions of subdivision two of\\nthis section, without regard to the exemption provided for in\\nsubparagraph one of paragraph (a) of such subdivision.\\n (iii) \"nursing facility\" means a nursing home as defined by section\\ntwenty-eight hundred one of the public health law.\\n (iv) \"nursing facility services\" means nursing care and health related\\nservices provided in a nursing facility, a level of care provided in a\\nhospital which is equivalent to the care which is provided in a nursing\\nfacility and care, services or supplies provided pursuant to a waiver\\npursuant to subsection (c) of section nineteen hundred fifteen of the\\nfederal social security act.\\n (2) the uncompensated value of a resource shall be the fair market\\nvalue of such resource at the time of transfer, minus the amount of the\\ncompensation received in exchange for the resource.\\n (3) any transfer of a resource by a person or such person's spouse for\\nless than fair market value made within or after the thirty months\\nimmediately preceding the date the person becomes an institutionalized\\nperson or the date of application for medical assistance while an\\ninstitutionalized person, if later, shall render the person ineligible\\nfor nursing facility services for a period specified in subparagraph\\nfour of this paragraph; however, an institutionalized person shall not\\nbe ineligible for nursing facility services solely by reason of any such\\ntransfer to the extent that:\\n (i) the resource transferred was a home and title to the home was\\ntransferred to: (A) the spouse of such person; or (B) a child of such\\nperson who is under the age of twenty-one years or certified blind or\\ncertified permanently and totally disabled, as defined by section two\\nhundred eight of this title; or (C) a sibling of such person who has an\\nequity interest in such home and who resided in such home for a period\\nof at least one year immediately before the date the person became an\\ninstitutionalized person; or (D) a son or daughter of such person who\\nwas residing in such home for a period of at least two years immediately\\nbefore the date such person became an institutionalized person, and who\\nprovided care to such person which permitted such person to reside at\\nhome rather than in an institution or facility; or\\n (ii) the resource was transferred to or for the sole benefit of such\\nperson's spouse, or from such person's spouse to or for the sole benefit\\nof such person, or to his or her child who is certified blind or\\ncertified permanently and totally disabled; or\\n (iii) a satisfactory showing is made that: (A) the person or such\\nperson's spouse intended to dispose of the resource either at fair\\nmarket value, or for other valuable consideration, or (B) the resource\\nwas transferred exclusively for a purpose other than to qualify for\\nmedical assistance; or\\n (iv) denial of eligibility would work an undue hardship, as defined by\\nthe commissioner which definition shall include the inability of the\\ninstitutionalized person or such person's spouse to retrieve the\\nresource or to obtain fair market value therefor despite his or her best\\nefforts.\\n (4) Any transfer made by a person or the person's spouse under\\nsubparagraph three of this paragraph shall cause the person to be\\nineligible for nursing facility services, for services at a level of\\ncare equivalent to that of nursing facility services for the lesser of\\n(i) a period of thirty months from the date of transfer, or (ii) a\\nperiod equal to the total uncompensated value of the resources so\\ntransferred, divided by the average cost of nursing facility services to\\na private patient for a given period of time at the time of application\\nas determined by the commissioner. For purposes of this subparagraph the\\naverage cost of nursing facility services to a private patient for a\\ngiven period of time at the time of application shall be presumed to be\\none hundred twenty percent of the average medical assistance rate of\\npayment as of the first day of January of each year for nursing\\nfacilities within the region as established pursuant to paragraph (b) of\\nsubdivision sixteen of section twenty-eight hundred seven-c of the\\npublic health law wherein the applicant resides.\\n (d) For transfers made after August tenth, nineteen hundred\\nninety-three:\\n (1) (i) \"assets\" means all income and resources of an individual and\\nof the individual's spouse, including income or resources to which the\\nindividual or the individual's spouse is entitled but which are not\\nreceived because of action by: the individual or the individual's\\nspouse; a person with legal authority to act in place of or on behalf of\\nthe individual or the individual's spouse; a person acting at the\\ndirection or upon the request of the individual or the individual's\\nspouse; or by a court or administrative body with legal authority to act\\nin place of or on behalf of the individual or the individual's spouse or\\nat the direction or upon the request of the individual or the\\nindividual's spouse.\\n (ii) \"blind\" has the same meaning given to such term in section\\n1614(a)(2) of the federal social social security act.\\n (iii) \"disabled\" has the same meaning given to such term in section\\n1614(a)(3) of the federal social security act.\\n (iv) \"income\" has the same meaning given to such term in section 1612\\nof the federal social security act.\\n (v) \"resources\" has the same meaning given to such term in section\\n1613 of the federal social security act, without regard, in the case of\\nan institutionalized individual, to the exclusion provided for in\\nsubsection (a)(1) of such section.\\n (vi) \"look-back period\" means the thirty-six month period, or, in the\\ncase of payments from a trust or portions of a trust which are treated\\nas assets disposed of by the individual pursuant to department\\nregulations, the sixty-month period, immediately preceding the date that\\nan institutionalized individual is both institutionalized and has\\napplied for medical assistance.\\n (vii) \"institutionalized individual\" means any individual who is an\\nin-patient in a nursing facility, including an intermediate care\\nfacility for individuals with developmental disabilities, or who is an\\nin-patient in a medical facility and is receiving a level of care\\nprovided in a nursing facility, or who is receiving care, services or\\nsupplies pursuant to a waiver granted pursuant to subsection (c) of\\nsection 1915 of the federal social security act.\\n (viii) \"intermediate care facility for individuals with developmental\\ndisabilities\" means a facility certified under article sixteen of the\\nmental hygiene law and which has a valid agreement with the department\\nfor providing intermediate care facility services and receiving payment\\ntherefor under title XIX of the federal social security act.\\n (ix) \"nursing facility\" means a nursing home as defined by section\\ntwenty-eight hundred one of the public health law and an intermediate\\ncare facility for individuals with developmental disabilities.\\n (x) \"nursing facility services\" means nursing care and health related\\nservices provided in a nursing facility; a level of care provided in a\\nhospital which is equivalent to the care which is provided in a nursing\\nfacility; and care, services or supplies provided pursuant to a waiver\\ngranted pursuant to subsection (c) of section 1915 of the federal social\\nsecurity act.\\n (2) The uncompensated value of an asset is the fair market value of\\nsuch asset at the time of transfer, minus the amount of the compensation\\nreceived in exchange for the asset.\\n (3) In determining the medical assistance eligibility of an\\ninstitutionalized individual, any transfer of an asset by the individual\\nor the individual's spouse for less than fair market value made within\\nor after the look-back period shall render the individual ineligible for\\nnursing facility services for the period of time specified in\\nsubparagraph four of this paragraph. Notwithstanding the provisions of\\nthis subparagraph, an individual shall not be ineligible for services\\nsolely by reason of any such transfer to the extent that:\\n (i) in the case of an institutionalized individual, the asset\\ntransferred was a home and title to the home as transferred to: (A) the\\nspouse of the individual; or (B) a child of the individual who is under\\nthe age of twenty-one years or blind or disabled; or (C) a sibling of\\nthe individual who has an equity interest in such home and who resided\\nin such home for a period of at least one year immediately before the\\ndate the individual became an institutionalized individual; or (D) a\\nchild of the individual who was residing in such home for a period of at\\nleast two years immediately before the date the individual became an\\ninstitutionalized individual, and who provided care to the individual\\nwhich permitted the individual to reside at home rather than in an\\ninstitution or facility; or\\n (ii) the assets: (A) were transferred to the individual's spouse, or\\nto another for the sole benefit of the individual's spouse; or (B) were\\ntransferred from the individual's spouse to another for the sole benefit\\nof the individual's spouse; or (C) were transferred to the individual's\\nchild who is blind or disabled, or to a trust established solely for the\\nbenefit of such child; or (D) were transferred to a trust established\\nsolely for the benefit of an individual under sixty-five years of age\\nwho is disabled; or\\n (iii) a satisfactory showing is made that: (A) the individual or the\\nindividual's spouse intended to dispose of the assets either at fair\\nmarket value, or for other valuable consideration; or (B) the assets\\nwere transferred exclusively for a purpose other than to qualify for\\nmedical assistance; or (C) all assets transferred for less than fair\\nmarket value have been returned to the individual; or\\n (iv) denial of eligibility would cause an undue hardship, as\\ndetermined pursuant to the regulations of the department in accordance\\nwith criteria established by the secretary of the federal department of\\nhealth and human services.\\n (4) Any transfer made by an individual or the individual's spouse\\nunder subparagraph three of this paragraph shall cause the person to be\\nineligible for services for a period equal to the total, cumulative\\nuncompensated value of all assets transferred during or after the\\nlook-back period, divided by the average monthly costs of nursing\\nfacility services provided to a private patient for a given period of\\ntime at the time of application, as determined pursuant to the\\nregulations of the department. The period of ineligibility shall begin\\nwith the first day of the first month during or after which assets have\\nbeen transferred for less than fair market value, and which does not\\noccur in any other periods of ineligibility under this paragraph. For\\npurposes of this subparagraph, the average monthly costs of nursing\\nfacility services to a private patient for a given period of time at the\\ntime of application shall be presumed to be one hundred twenty percent\\nof the average medical assistance rate of payment as of the first day of\\nJanuary of each year for nursing facilities within the region wherein\\nthe applicant resides, as established pursuant to paragraph (b) of\\nsubdivision sixteen of section twenty-eight hundred seven-c of the\\npublic health law.\\n (5) In the case of an asset held by an individual in common with\\nanother person or persons in a joint tenancy, tenancy in common, or\\nsimilar arrangement, the asset, or the affected portion of the asset,\\nshall be considered to be transferred by such individual when any action\\nis taken, either by such individual or by any other person, that reduces\\nor eliminates such individual's ownership or control of such asset.\\n (6) In the case of a trust established by the individual, as\\ndetermined pursuant to the regulations of the department, any payment,\\nother than a payment to or for the benefit of the individual, from a\\nrevocable trust is considered to be a transfer of assets by the\\nindividual and any payment, other than to or for the benefit of the\\nindividual, from the portion of an irrevocable trust which, under any\\ncircumstance, could be made available to the individual is considered to\\nbe a transfer of assets by the individual and, further, the value of any\\nportion of an irrevocable trust from which no payment could be made to\\nthe individual under any circumstances is considered to be a transfer of\\nassets by the individual for purposes of this section as of the date of\\nestablishment of the trust, or, if later, the date on which payment to\\nthe individual is foreclosed.\\n (e) For transfers made on or after February eighth, two thousand six:\\n (1)(i) \"assets\" means all income and resources of an individual and of\\nthe individual's spouse, including income and resources to which the\\nindividual or the individual's spouse is entitled but which are not\\nreceived because of action by: the individual or the individual's\\nspouse; a person with legal authority to act in place of or on behalf of\\nthe individual or the individual's spouse; a person acting at the\\ndirection or upon the request of the individual or the individual's\\nspouse; or by a court or administrative body with legal authority to act\\nin place of or on behalf of the individual or the individual's spouse or\\nat the direction or upon the request of the individual or the\\nindividual's spouse;\\n (ii) \"blind\" has the same meaning given to such term in section\\n1614(a)(2) of the federal social security act.\\n (iii) \"disabled\" has the same meaning given to such term in section\\n1614(a)(3) of the federal social security act.\\n (iv) \"income\" has the same meaning given to such term in section 1612\\nof the federal social security act.\\n (v) \"resources\" has the same meaning given to such term in section\\n1613 of the federal social security act, without regard to the exclusion\\nprovided for in subsection (a)(1) of such section.\\n (vi) \"look-back period\" means the sixty-month period immediately\\npreceding the date that an institutionalized individual is both\\ninstitutionalized and has applied for medical assistance, or in the case\\nof a non-institutionalized individual, subject to federal approval, the\\nthirty-month period immediately preceding the date that such\\nnon-institutionalized individual applies for medical assistance coverage\\nof long term care services. Nothing herein precludes a review of\\neligibility for retroactive authorization for medical expenses incurred\\nduring the three months prior to the month of application for medical\\nassistance.\\n (vii) \"institutionalized individual\" means any individual who is an\\nin-patient in a nursing facility, including an intermediate care\\nfacility for individuals with developmental disabilities, or who is an\\nin-patient in a medical facility and is receiving a level of care\\nprovided in a nursing facility, or who is described in section\\n1902(a)(10)(A)(ii)(VI) of the federal social security act.\\n (viii) \"intermediate care facility for individuals with developmental\\ndisabilities\" means a facility certified under article sixteen of the\\nmental hygiene law and which has a valid agreement with the department\\nfor providing intermediate care facility services and receiving payment\\ntherefor under title XIX of the federal social security act.\\n (ix) \"nursing facility\" means a nursing home as defined by section\\ntwenty-eight hundred one of the public health law and an intermediate\\ncare facility for individuals with developmental disabilities.\\n (x) \"nursing facility services\" means nursing care and health related\\nservices provided in a nursing facility; a level of care provided in a\\nhospital which is equivalent to the care which is provided in a nursing\\nfacility; and care, services or supplies provided pursuant to a waiver\\ngranted pursuant to subsection (c) of section 1915 of the federal social\\nsecurity act or successor federal waiver.\\n (xi) \"non-institutionalized individual\" means an individual who is not\\nan institutionalized individual, as defined in clause (vii) of this\\nsubparagraph.\\n (xii) \"long term care services\" means home health care services,\\nprivate duty nursing services, personal care services, assisted living\\nprogram services and such other services for which medical assistance is\\notherwise available under this chapter which are designated as long term\\ncare services in the regulations of the department.\\n (2) The uncompensated value of an asset is the fair market value of\\nsuch asset at the time of transfer less any outstanding loans,\\nmortgages, or other encumbrances on the asset, minus the amount of the\\ncompensation received in exchange for the asset.\\n (3) In determining the medical assistance eligibility of an\\ninstitutionalized individual, any transfer of an asset by the individual\\nor the individual's spouse for less than fair market value made within\\nor after the look-back period shall render the individual ineligible for\\nnursing facility services for the period of time specified in\\nsubparagraph five of this paragraph. In determining the medical\\nassistance eligibility of a non-institutionalized individual, any\\ntransfer of an asset by the individual or the individual's spouse for\\nless than fair market value made within or after the look-back period\\nshall render the individual ineligible for community based long term\\ncare services for the period of time specified in subparagraph five of\\nthis paragraph. For purposes of this paragraph:\\n (i) the purchase of an annuity shall be treated as the disposal of an\\nasset for less than fair market value unless: the state is named as the\\nbeneficiary in the first position for at least the total amount of\\nmedical assistance paid on behalf of the annuitant, or the state is\\nnamed in the second position after a community spouse or minor or\\ndisabled child and is named in the first position if such spouse or a\\nrepresentative of such child disposes of any such remainder for less\\nthan fair market value; and the annuity meets the requirements of\\nsection 1917(c)(1)(G) of the federal social security act;\\n (ii) the purchase of a life estate interest in another person's home\\nshall be treated as the disposal of an asset for less than fair market\\nvalue unless the purchaser resided in such home for a period of at least\\none year after the date of purchase;\\n (iii) the purchase of a promissory note, loan, or mortgage shall be\\ntreated as the disposal of an asset for less than fair market value\\nunless such note, loan, or mortgage meets the requirements of section\\n1917(c)(1)(I) of the federal social security act.\\n (4) Notwithstanding the provisions of this paragraph, an individual\\nshall not be ineligible for services solely by reason of any such\\ntransfer to the extent that:\\n (i) in the case of an institutionalized individual the asset\\ntransferred was a home and title to the home was transferred to: (A) the\\nspouse of the individual; or (B) a child of the individual who is under\\nthe age of twenty-one years or blind or disabled; or (C) a sibling of\\nthe individual who has an equity interest in such home and who resided\\nin such home for a period of at least one year immediately before the\\ndate the individual became an institutionalized individual; or (D) a\\nchild of the individual who was residing in such home for a period of at\\nleast two years immediately before the date the individual became an\\ninstitutionalized individual, and who provided care to the individual\\nwhich permitted the individual to reside at home rather than in an\\ninstitution or facility; or\\n (ii) the assets: (A) were transferred to the individual's spouse, or\\nto another for the sole benefit of the individual's spouse; or (B) were\\ntransferred from the individual's spouse to another for the sole benefit\\nof the individual's spouse; or (C) were transferred to the individual's\\nchild who is blind or disabled, or to a trust established solely for the\\nbenefit of such child; or (D) were transferred to a trust established\\nsolely for the benefit of an individual under sixty-five years of age\\nwho is disabled; or\\n (iii) a satisfactory showing is made that: (A) the individual or the\\nindividual's spouse intended to dispose of the assets either at fair\\nmarket value, or for other valuable consideration; or (B) the assets\\nwere transferred exclusively for a purpose other than to qualify for\\nmedical assistance; or (C) all assets transferred for less than fair\\nmarket value have been returned to the individual; or\\n (iv) denial of eligibility would cause an undue hardship, such that\\napplication of the transfer of assets provision would deprive the\\nindividual of medical care such that the individual's health or life\\nwould be endangered, or would deprive the individual of food, clothing,\\nshelter, or other necessities of life. The commissioner of health shall\\ndevelop a hardship waiver process which shall include a timely process\\nfor determining whether an undue hardship waiver will be granted and a\\ntimely process under which an adverse determination can be appealed. The\\ncommissioner of health shall provide notice of the hardship waiver\\nprocess in writing to those individuals who are required to comply with\\nthe transfer of assets provision under this section. If such an\\nindividual is an institutionalized individual, the facility in which he\\nor she is residing shall be permitted to file an undue hardship waiver\\napplication on behalf of such individual with the consent of the\\nindividual or the personal representative of the individual.\\n (5) Any transfer made by an individual or the individual's spouse\\nunder subparagraph three of this paragraph shall cause the person to be\\nineligible for services for a period equal to the total, cumulative\\nuncompensated value of all assets transferred during or after the\\nlook-back period, divided by the average monthly costs of nursing\\nfacility services provided to a private patient for a given period of\\ntime at the time of application, as determined pursuant to the\\nregulations of the department. For purposes of this subparagraph, the\\naverage monthly costs of nursing facility services to a private patient\\nfor a given period of time at the time of application shall be presumed\\nto be one hundred twenty percent of the average medical assistance rate\\nof payment as of the first day of January of each year for nursing\\nfacilities within the region where the applicant resides, as established\\npursuant to paragraph (b) of subdivision sixteen of section twenty-eight\\nhundred seven-c of the public health law. The period of ineligibility\\nshall begin the first day of a month during or after which assets have\\nbeen transferred for less than fair market value, or the first day the\\notherwise eligible individual is receiving services for which medical\\nassistance coverage would be available based on an approved application\\nfor such care but for the provisions of subparagraph three of this\\nparagraph, whichever is later, and which does not occur in any other\\nperiods of ineligibility under this paragraph.\\n (6) In the case of an asset held by an individual in common with\\nanother person or persons in a joint tenancy, tenancy in common, or\\nsimilar arrangement, the asset, or the affected portion of the asset,\\nshall be considered transferred by such individual when any action is\\ntaken, either by such individual or by any other person, that reduces or\\neliminates such individual's ownership or control of such asset.\\n (7) In the case of a trust established by the individual, as\\ndetermined pursuant to the regulations of the department, any payment,\\nother than a payment to or for the benefit of the individual, from a\\nrevocable trust is considered to be a transfer of assets by the\\nindividual and any payment, other than to or for the benefit of the\\nindividual, from the portion of an irrevocable trust which, under any\\ncircumstance, could be made available to the individual is considered to\\nbe a transfer of assets by the individual and, further, the value of any\\nportion of an irrevocable trust from which no payment could be made to\\nthe individual under any circumstances is considered to be a transfer of\\nassets by the individual for purposes of this section as of the date of\\nestablishment of the trust, or, if later, the date on which the payment\\nto the individual is foreclosed.\\n (f) The commissioner shall promulgate such rules and regulations as\\nmay be necessary to carry out the provisions of this subdivision.\\n * 6. a. The commissioner of health shall apply for a home and\\ncommunity-based services waiver pursuant to subdivision (c) of section\\nnineteen hundred fifteen of the federal social security act in order to\\nprovide home and community-based services, not included under the\\nmedical assistance program.\\n b. A person eligible for participation in the waiver program shall:\\n (i) be twenty-one years of age or under;\\n (ii) be physically disabled, according to the federal supplemental\\nsecurity income program criteria, including but not limited to a person\\nwho is multiply disabled;\\n (iii) require the level of care provided by a nursing facility or by a\\nhospital;\\n (iv) be capable of being cared for in the community if provided with\\ncase management services and/or other services specified in paragraph f\\nof this subdivision, in addition to other services provided under this\\ntitle, as determined by the assessment required by paragraph d of this\\nsubdivision;\\n (v) meet the requirements of paragraph i of this subdivision; and\\n (vi) meet such other criteria as may be established by the\\ncommissioner as may be necessary to administer the provisions of this\\nsubdivision in an equitable manner.\\n c. Social services districts shall assess the eligibility of persons\\nin accordance with the provisions of paragraphs b and d of this\\nsubdivision and shall refer persons who appear to meet the criteria set\\nforth in such paragraphs to the commissioner of health for consideration\\nfor participation in the waiver program and final determinations of\\ntheir eligibility for participation in the waiver program.\\n d. The commissioner of health shall designate persons to assess the\\neligibility of persons in accordance with paragraphs b and c of this\\nsubdivision under consideration for participation in the waiver program.\\nPersons designated by such commissioner may include the person's\\nphysician, a representative of the social services district, a\\nrepresentative of the provider of a long term home health care program\\nor certified home health agency and, where appropriate, the discharge\\ncoordinator of the hospital or nursing facility and such other persons\\nas such commissioner deems appropriate. The assessment shall include,\\nbut need not be limited to, an evaluation of the medical, social,\\nhabilitation, and environmental needs of the person and shall serve as\\nthe basis for the development and provision of an appropriate plan of\\ncare for the person.\\n e. Prior to a person's participation in the waiver program, the social\\nservices district or the commissioner of health, as appropriate, shall\\nundertake or arrange for the development of a written plan of care for\\nthe provision of services consistent with the level of care determined\\nby the assessment, in accordance with criteria established by the\\ncommissioner of health.\\n f. Home and community-based services which may be provided to persons\\nspecified in paragraph b of this subdivision include: (i) case\\nmanagement services; (ii) respite services; (iii) home adaptation; (iv)\\nhospice and palliative care services; and (v) such other home and\\ncommunity-based services, other than room and board, as may be approved\\nby the secretary of the federal department of health and human services.\\n g. Social services districts shall designate who may provide the home\\nand community-based services identified in paragraph f of this\\nsubdivision, subject to the approval of the commissioner of health.\\n h. Notwithstanding any other provision of this chapter or any other\\nlaw to the contrary, for purposes of determining medical assistance\\neligibility for persons specified in paragraph b of this subdivision,\\nthe income and resources of responsible relatives shall not be deemed\\navailable for as long as the person meets the criteria specified in this\\nsubdivision.\\n i. Before a person may participate in the waiver program specified in\\nparagraph a of this subdivision, the department of health shall\\ndetermine that the annual medical assistance expenditures for home and\\ncommunity-based services for all persons participating in the waiver\\nprogram would not exceed the annual medical assistance expenditures for\\nnursing facility and hospital services for all such persons had the\\nwaiver not been granted.\\n j. The commissioner shall review the plans of care and expenditure\\nestimates determined by social services districts prior to the\\nparticipation of any person in the waiver program.\\n k. This subdivision shall be effective only if, and as long as,\\nfederal financial participation is available for expenditures incurred\\nunder this subdivision.\\n * NB Repealed March 31, 2028\\n 6-a. a. The commissioner of health shall apply for a nursing facility\\ntransition and diversion medicaid waiver pursuant to subdivision (c) of\\nsection nineteen hundred fifteen of the federal social security act in\\norder to provide home and community based services to individuals who\\nwould otherwise be cared for in a nursing facility and who would be\\nconsidered to be part of an aggregate group of individuals who, taken\\ntogether, will be cared for at less cost in the community than they\\nwould have otherwise and to provide reimbursement for several home and\\ncommunity based services not presently included in the medical\\nassistance program. The initial application shall provide for no less\\nthan five thousand persons to be eligible to participate in the waiver\\nspread over the first three years and continue to increase thereafter.\\n b. A person eligible for participation in the nursing facility\\ntransition and diversion medicaid waiver program shall:\\n (i) be at least eighteen years of age;\\n (ii) be eligible for and in receipt of medicaid authorization for long\\nterm care services, including nursing facility services;\\n (iii) have resided in a nursing facility and/or have been assessed and\\ndetermined to require the level of care provided by a nursing facility;\\n (iv) be capable of residing in the community if provided with services\\nspecified in paragraph f of this subdivision, in addition to other\\nservices provided under this title, as determined by the assessment\\nrequired by paragraph d of this subdivision; and\\n (v) meet such other criteria as may be established by the commissioner\\nof health as may be necessary to administer the provision of this\\nsubdivision in an equitable manner.\\n c. The department of health shall develop such waiver application in\\nconjunction with independent living centers, representatives from\\ndisability and senior groups and such other interested parties as the\\ndepartment shall determine to be appropriate.\\n d. The commissioner of health shall contract with not-for-profit\\nagencies around the state that have experience with providing community\\nbased services to individuals with disabilities, hereinafter referred to\\nas regional resource development specialists, who shall be responsible\\nfor initial contact with the prospective waiver participant, for\\nassuring the waiver candidates have choice in selecting a service\\ncoordinator and other providers, and for assessing applicants including\\ndecisions for eligibility for participation in the waiver, which contain\\nthe original service plan and all subsequent revised service plans.\\nRegional resource development specialists shall be responsible for\\napproving service plans and the department of health shall provide\\ntechnical assistance and oversight.\\n e. Prior to the person's participation in the waiver program, a\\nservice coordinator approved by the department of health shall undertake\\nthe development of a written plan of care for the provision of services\\nconsistent with the level of care determined by an initial assessment,\\nin accordance with criteria established by the commissioner of health.\\nSuch plans shall set forth the type of services to be furnished, the\\namount, the frequency and duration of each service and the type of\\nproviders to furnish each service.\\n f. Nursing facility transition and diversion services which may be\\nprovided to persons specified in paragraph b of this subdivision shall\\nbe established and defined as part of the waiver application development\\nprocess specified in paragraph c of this subdivision and may include:\\n(i) case management services; (ii) personal care; (iii) independent\\nliving skills training; (iv) environmental accessibility adaptations;\\n(v) costs of community transition services; (vi) assistive technology;\\n(vii) adult day health; (viii) staff for safety assurance; (ix)\\nnon-medical support services needed to maintain independence; (x)\\nrespite services; and (xi) such other home and community based services\\nas may be approved by the secretary of the federal department of health\\nand human services.\\n g. The department of health shall designate who may provide the\\nnursing facility transition and diversion services identified in\\nparagraph f of this subdivision, subject to the approval of the\\ncommissioner of health.\\n h. Before a person may participate in the nursing transition waiver\\nprogram specified in this subdivision, the regional resource development\\nspecialists shall determine that:\\n (i) the individual is at least eighteen years of age and eligible for\\nand in receipt of medicaid authorization for long term care services,\\nincluding nursing facility services; and\\n (ii) the individual resides in a nursing facility and/or has been\\nassessed and determined to require nursing facility care.\\n 7. a. The commissioner of health shall apply for a home and\\ncommunity-based waiver, pursuant to subdivision (c) of section nineteen\\nhundred fifteen of the federal social security act, in order to provide\\nhome and community-based services not presently included in the medical\\nassistance program.\\n b. Persons eligible for participation in the waiver program shall:\\n (i) be twenty-one years of age or under;\\n (ii) have a developmental disability, as such term is defined in\\nsubdivision twenty-two of section 1.03 of the mental hygiene law;\\n (iii) demonstrate complex health care needs, as defined in paragraph c\\nof this subdivision;\\n (iv) require the level of care provided by an intermediate care\\nfacility for the developmentally disabled;\\n (v) not be hospitalized or receiving care in a nursing facility, an\\nintermediate care facility for the developmentally disabled or any other\\ninstitution;\\n (vi) be capable of being cared for in the community if provided with\\ncase management services, respite services, home adaptation, and any\\nother home and community-based services, other than room and board, as\\nmay be approved by the secretary of the federal department of health and\\nhuman services, in addition to other services provided under this title,\\nas determined by the assessment required by paragraph f of this\\nsubdivision;\\n (vii) be ineligible for medical assistance because the income and\\nresources of responsible relatives are deemed available to him or her,\\ncausing him or her to exceed the income or resource eligibility level\\nfor such assistance;\\n (viii) be capable of being cared for at less cost in the community\\nthan in an intermediate care facility for the developmentally disabled;\\nand\\n (ix) meet such other criteria as may be established by the\\ncommissioner of health, in conjunction with the commissioner of the\\noffice for people with developmental disabilities, as may be necessary\\nto administer the provisions of this subdivision in an equitable manner,\\nincluding those criteria established pursuant to paragraph d of this\\nsubdivision.\\n c. For purposes of this subdivision, persons who \"demonstrate complex\\nhealth care needs\", shall be defined as persons who require medical\\ntherapies that are designed to replace or compensate for a vital body\\nfunction or avert immediate threat to life; that is, persons who rely on\\nmedical devices, nursing care, monitoring or prescribed medical therapy\\nfor the maintenance of life over a period expected to extend beyond\\ntwelve months.\\n d. The commissioner of health, in conjunction with the commissioner of\\nthe office for people with developmental disabilities, shall establish\\nselection criteria to ensure that participants are those who are most in\\nneed and reflect an equitable geographic distribution. Such selection\\ncriteria shall include, but not be limited to, the imminent risk of\\ninstitutionalization, the financial burden imposed upon the family as a\\nresult of the child's health care needs, and the level of stress within\\nthe family unit due to the unrelieved burden of caring for the child at\\nhome.\\n e. Social services districts, in consultation with the office for\\npeople with developmental disabilities, shall assess the eligibility of\\npersons in accordance with the provisions of paragraph b of this\\nsubdivision, as well as the selection criteria established by the\\ncommissioner of health and the commissioner of the office for people\\nwith developmental disabilities as required by paragraph d of this\\nsubdivision.\\n f. The commissioner of health, in conjunction with the commissioner of\\nthe office for people with developmental disabilities, shall designate\\npersons to assess the eligibility of persons under consideration for\\nparticipation in the waiver program. Persons designated by such\\ncommissioners may include the person's physician, a representative of\\nthe social services district, representative of the appropriate\\ndevelopmental disabilities services office and such other persons as the\\ncommissioners deem appropriate. The assessment shall include, but need\\nnot be limited to, an evaluation of the health, psycho-social,\\ndevelopmental, habilitation and environmental needs of the person and\\nshall serve as the basis for the development and provision of an\\nappropriate plan of care for such person.\\n g. Prior to a person's participation in the waiver program, the office\\nfor people with developmental disabilities shall undertake or arrange\\nfor the development of a written plan of care for the provision of\\nservices consistent with the level of care determined by the assessment,\\nin accordance with criteria established by the commissioner of health,\\nin consultation with the commissioner of the office for people with\\ndevelopmental disabilities. Such plan of care shall be reviewed by such\\ncommissioners prior to the provision of services pursuant to the waiver\\nprogram.\\n h. Home and community-based services which may be provided to persons\\nspecified in paragraph b of this subdivision shall, in addition to those\\nservices otherwise authorized, include (i) case management services;\\n(ii) respite services; (iii) home adaptation, and (iv) such other home\\nand community-based services, other than room and board, as may be\\napproved by the secretary of the federal department of health and human\\nservices.\\n i. The office for people with developmental disabilities shall\\ndesignate who may provide the home and community-based services\\nidentified in paragraph h of this subdivision, subject to the approval\\nof the commissioner of health.\\n j. Notwithstanding any other provision of this chapter other than\\nsubdivision six of this section or any other law to the contrary, for\\npurposes of determining medical assistance eligibility for persons\\nspecified in paragraph b of this subdivision, the income and resources\\nof a responsible relative shall not be deemed available for as long as\\nthe person meets the criteria specified in this subdivision.\\n k. Before a person may participate in the waiver program specified in\\nparagraph a of this subdivision, the office for people with\\ndevelopmental disabilities shall determine that there is a reasonable\\nexpectation that the annual medical assistance expenditures for such\\nperson under the waiver would not exceed the expenditures for care in an\\nintermediate care facility for the developmentally disabled that would\\nhave been made had the waiver not been granted.\\n l. The commissioner of health, in conjunction with the commissioner of\\nthe office for people with developmental disabilities, shall review the\\nplans of care and expenditure estimates prior to the participation of\\nany person in the waiver program.\\n m. Within one year of federal waiver approval, and on an annual basis\\nthereafter, until such time as the waiver program is fully implemented,\\nthe commissioner of health, in conjunction with the commissioner of the\\noffice for people with developmental disabilities, shall report on the\\nstatus of the waiver program to the governor and the legislature. Such\\nreport shall specify the number of children participating in the waiver\\nprogram, the geographic distribution of those so participating, health\\nprofiles, service costs and length of time the children have\\nparticipated in the waiver program. The report shall also provide\\nfollow-up information on children who have withdrawn from the waiver\\nprogram, including data on residential program placements.\\n n. This subdivision shall be effective only if, and as long as,\\nfederal financial participation is available for expenditures incurred\\nunder this subdivision.\\n 7-a. a. The commissioner of health in consultation with the\\ncommissioner of developmental disabilities shall apply for a home and\\ncommunity-based waiver, pursuant to subdivision (c) of section nineteen\\nhundred fifteen of the federal social security act, in order to provide\\nhome and community-based services for a population of persons with\\ndevelopmental disabilities, as such term is defined in section 1.03 of\\nthe mental hygiene law.\\n b. Persons eligible for participation in the waiver program shall:\\n (i) have a developmental disability as such term is defined in\\nsubdivision twenty-two of section 1.03 of the mental hygiene law;\\n (ii) meet the level of care criteria provided by an intermediate care\\nfacility for the developmentally disabled;\\n (iii) be eligible for Medicaid;\\n (iv) live at home or in an individualized residential alternative,\\ncommunity residence or family care home, operated or licensed by the\\noffice for people with developmental disabilities;\\n (v) be capable of being cared for in the community if provided with\\nsuch services as respite, home adaptation, or other home and\\ncommunity-based services, other than room and board, as may be approved\\nby the secretary of the federal department of health and human services,\\nin addition to other services provided under this title, as determined\\nby the assessment required by paragraph c of this subdivision;\\n (vi) have a demonstrated need for home and community based waiver\\nservices; and\\n (vii) meet such other criteria as may be established by the\\ncommissioner of health and the commissioner of developmental\\ndisabilities, as may be necessary to administer the provisions of this\\nsubdivision.\\n c. The commissioner of developmental disabilities shall assess the\\neligibility of persons enrolled, or seeking to enroll, in the waiver\\nprogram. The assessment shall include, but need not be limited to, an\\nevaluation of the health, psycho-social, developmental, habilitation and\\nenvironmental needs of the person and shall serve as the basis for the\\ndevelopment and provision of an appropriate person centered plan of care\\nfor such person.\\n d. The office for people with developmental disabilities shall\\nundertake or arrange for the development of a written person centered\\nplan of care for each person enrolled in the waiver. Such person\\ncentered plan of care shall describe the provision of home and community\\nbased waiver services consistent with the assessment for each person.\\n e. The office for people with developmental disabilities shall review\\nthe person centered plan of care and authorize those home and community\\nbased services to be included in the person centered plan of care,\\ntaking into account the person's assessed needs, valued outcomes and\\navailable resources.\\n f. The commissioners of developmental disabilities and health shall\\ndetermine quality standards for organizations providing services under\\nsuch waiver and shall authorize organizations that meet such standards\\nto provide such services.\\n g. The commissioner of developmental disabilities or health may\\npromulgate rules and regulations as necessary to effectuate the\\nprovisions of this section.\\n h. This subdivision shall be effective only if, and as long as,\\nfederal financial participation is available for expenditures incurred\\nunder this subdivision.\\n 7-b. Services and needs assessment. The assessment completed pursuant\\nto subdivision seven-a of this section shall be based upon a valid and\\nreliable assessment tool. The assessment shall also include an\\nevaluation of the individual's home environment, including but not\\nlimited to, the ability of family and/or caregivers to provide supports\\noutside of those within the waiver, including but not limited to,\\nactivities of daily living.\\n 7-c. The commissioner of health in consultation with the commissioner\\nof developmental disabilities is authorized to submit the appropriate\\nwaivers, including, but not limited to, those authorized pursuant to\\nsection eleven hundred fifteen of the federal social security act, in\\norder to achieve the purposes of high-quality and integrated care and\\nservices for a population of persons with developmental disabilities, as\\nsuch term is defined in section 1.03 of the mental hygiene law. Such\\nwaiver applications shall be executed consistent with subdivisions\\nseven, seven-a, and seven-b of this section, to the extent those\\nsections comply with the requirements of section eleven hundred fifteen\\nof the federal social security act. Nothing in subdivision seven of this\\nsection shall prevent the commissioner of health, in consultation with\\nthe commissioner of developmental disabilities, from submitting waiver\\napplications expanding eligibility under such waivers to children under\\neighteen years or age who are eligible for medical assistance.\\n 8. Notwithstanding any inconsistent provision of this chapter or any\\nother law to the contrary, income and resources which are otherwise\\nexempt from consideration in determining a person's eligibility for\\nmedical care, services and supplies available under this title, shall be\\nconsidered available for the payment or part payment of the costs of\\nsuch medical care, services and supplies as required by federal law and\\nregulations.\\n 9. a. The commissioner shall apply for a general waiver, pursuant to\\nsubdivision (c) of section nineteen hundred fifteen of the federal\\nsocial security act, in order to provide medical assistance for persons\\nspecified in paragraphs b and c of this subdivision and reimbursement\\nfor several home and community-based services not presently included in\\nthe medical assistance program. If granted the general waiver, the\\ncommissioner may authorize such persons to receive services under the\\ngeneral waiver to the extent funds are appropriated for transfer to the\\ndepartment for the state share of medical assistance payments for such\\nwaiver services from the budget of the office of mental health.\\n b. Persons eligible for inclusion in the general waiver shall:\\n (i) be under twenty-one years of age;\\n (ii) have a mental illness, as such term is defined in subdivision\\ntwenty of section 1.03 of the mental hygiene law;\\n (iii) demonstrate complex health or mental health care needs, as\\ndefined in paragraph d of this subdivision;\\n (iv) require the level of care provided by a hospital as defined in\\nsubdivision ten of section 1.03 of the mental hygiene law which provides\\nintermediate or long-term care and treatment, or within the past six\\nmonths have been hospitalized for at least thirty consecutive days, or\\nhave resided in such a hospital for at least one hundred eighty\\nconsecutive days;\\n (v) be capable of being cared for in the community if provided with\\ncase management services, clinical interventions, crisis services,\\nsocial training, rehabilitation services, counseling, respite services,\\nmedication therapy, partial hospitalization, environmental\\nmodifications, educational and related services, and/or medical social\\nservices, in addition to other services, as determined by the assessment\\nrequired by paragraph g of this subdivision and included in the written\\nplan of care developed pursuant to paragraph h of this subdivision;\\n (vi) be eligible or, if discharged, would be eligible for medical\\nassistance, or are ineligible for medical assistance because the income\\nand resources of responsible relatives are or, if discharged, would be\\ndeemed available to such persons causing them to exceed the income or\\nresource eligibility level for such assistance;\\n (vii) be capable of being cared for at less cost in the community than\\nin a hospital, as defined in subdivision ten of section 1.03 of the\\nmental hygiene law; and\\n (viii) meet such other criteria as may be established by the\\ncommissioner of mental health, in conjunction with the commissioner, as\\nmay be necessary to administer the provisions of this subdivision in an\\nequitable manner, including those criteria established pursuant to\\nparagraph e of this subdivision.\\n c. Persons eligible for inclusion in the general waiver shall meet all\\nthe requirements set forth in subparagraphs (i) through (viii) of\\nparagraph b of this subdivision; and shall be eligible for, shall have\\napplied for, or shall reside in an institutional placement including a\\nhospital as defined in subdivision ten of section 1.03 of the mental\\nhygiene law which provides intermediate or long-term care and treatment.\\n d. For purposes of this subdivision, persons who \"demonstrate complex\\nhealth or mental health care needs\", shall be defined as persons who\\nrequire medical or mental health therapies, care or treatments that are\\ndesigned to replace or compensate for a vital functional limitation or\\nto avert an immediate threat to life; that is, persons who rely on\\nmental health care, nursing care, monitoring, or prescribed medical or\\nmental health therapy for the maintenance of quality of life over a\\nperiod expected to extend beyond twelve months.\\n e. The commissioner of mental health, in conjunction with the\\ncommissioner, shall establish selection criteria to ensure that\\nparticipants are those who are most in need. Such selection criteria\\nshall include, but not be limited to: the need for continued\\nhospitalization or the risk of hospitalization; the financial burden\\nimposed upon the family, or which would be imposed upon the family if an\\ninstitutionalized participant were to be discharged, as a result of the\\nchild's health or mental health care needs; and the level of stress or\\nthe anticipated level of stress within the family unit due to the\\nunrelieved burden of caring for the child at home.\\n f. Social services districts, in conjunction with the office of mental\\nhealth and the local governmental unit as defined in section 41.03 of\\nthe mental hygiene law, shall determine the eligibility of persons in\\naccordance with the provisions of paragraphs b and c of this\\nsubdivision, as well as the selection criteria established by the\\ncommissioner and the commissioner of mental health as required by\\nparagraph e of this subdivision.\\n g. The commissioner of mental health, in conjunction with the\\ncommissioner, shall designate persons to undertake an assessment to\\ndetermine the eligibility of persons under consideration for inclusion\\nin the general waiver. Persons designated by such commissioners may\\ninclude the potentially eligible person's physician, a representative of\\nthe local governmental unit as defined in section 41.03 of the mental\\nhygiene law, a representative of the appropriate hospital or regional\\noffice of the office of mental health, and such other persons as the\\ncommissioners deem appropriate. The assessment shall include, but not be\\nlimited to, an evaluation of the mental health, health, psycho-social,\\nrehabilitation and environmental needs of the person, and shall serve as\\nthe basis for the development and provision of an appropriate plan of\\ncare for such person.\\n h. Prior to a person's inclusion in the general waiver, the office of\\nmental health and the local governmental unit as defined in section\\n41.03 of the mental hygiene law, shall undertake or arrange for the\\ndevelopment of a written plan of care, including identification of\\nservice providers if known, for the provision of services in\\nconsultation with the individual and their family whenever clinically\\nappropriate, consistent with the level of care determined by the\\nassessment, in accordance with criteria established by the commissioner\\nof mental health, in consultation with the commissioner. If a provider\\nof services is identified in a written plan of care, such provider shall\\nbe designated pursuant to paragraph j of this subdivision. Such plan of\\ncare shall be reviewed by such commissioners and approved by the\\ncommissioner of mental health prior to the provision of services\\npursuant to the general waiver.\\n i. Home and community-based services which may be provided to persons\\nspecified in paragraphs b and c of this subdivision shall, in addition\\nto those services otherwise authorized, include but are not limited to\\n(i) case management services; (ii) clinical interventions; (iii) crisis\\nservices; (iv) social training; (v) rehabilitation services; (vi)\\ncounseling; (vii) respite services; (viii) medication therapy; (ix)\\npartial hospitalization; (x) environmental modifications; (xi)\\neducational and related services; (xii) medical social services; and\\nother services included in the written plan of care developed pursuant\\nto paragraph h of this subdivision.\\n j. The office of mental health, in conjunction with the social\\nservices district and the local governmental unit, shall designate who\\nmay provide the home and community-based services identified in\\nparagraph i of this subdivision.\\n k. Notwithstanding any provision of this chapter other than\\nsubdivision six or seven of this section, or any other law to the\\ncontrary, for purposes of determining medical assistance eligibility for\\npersons specified in paragraphs b and c of this subdivision, the income\\nand resources of a responsible relative shall not be deemed available\\nfor as long as the person meets the criteria specified in this\\nsubdivision.\\n l. Before a person may participate in the general waiver specified in\\nparagraph a of this subdivision, the social services district and the\\noffice of mental health shall determine that there is a reasonable\\nexpectation that the annual medical assistance expenditures for such\\nperson under the waiver would not exceed the expenditures for care in a\\nhospital, as defined in subdivision ten of section 1.03 of the mental\\nhygiene law, that would have been made had the waiver not been granted.\\n m. The commissioner, in conjunction with the commissioner of mental\\nhealth, shall review the expenditure estimates determined by social\\nservices districts and the office of mental health, prior to the\\ninclusion of any person in the general waiver.\\n n. Within one year of federal waiver approval, and on an annual basis\\nthereafter, until such time as the waiver is fully implemented, the\\ncommissioner of mental health, in conjunction with the commissioner,\\nshall report on the status of the general waiver to the governor, the\\nlegislature, including the respective chairpersons of the senate and\\nassembly committees of mental health and the chairs of the senate\\nfinance and assembly ways and means committees and the director of the\\ndivision of the budget. Such report shall specify the number of children\\nincluded in the waiver, the geographic distribution of those included,\\nhealth and mental health profiles, utilization and costs of services by\\nregion including costs avoided in residential treatment facilities and\\ninpatient facilities operated by the office of mental health, the length\\nof time the children have participated in the waiver and regional\\ninformation on the status of waiting lists for waiver services and for\\nservices in residential settings, where appropriate. The report shall\\nalso provide follow-up information on children who have withdrawn from\\nthe waiver, including data on residential program placements.\\n o. This subdivision shall be effective if, and as long as, federal\\nfinancial participation is available for expenditures incurred under\\nthis subdivision.\\n p. Nothing herein shall be construed to create an entitlement to\\nservices under the approved general waiver implemented by the\\ncommissioner in accordance with this subdivision.\\n 11. The commissioner of health shall, consistent with this title, make\\nany necessary amendments to the state plan for medical assistance\\nsubmitted pursuant to section three hundred sixty-three-a of this title,\\nin order to ensure federal financial participation in expenditures under\\nsubparagraphs twelve and thirteen of paragraph (a) of subdivision one of\\nthis section. Notwithstanding any other provision of law to the\\ncontrary, medical assistance under subparagraphs twelve and thirteen of\\nparagraph (a) of subdivision one of this section shall be provided only\\nto the extent permitted under federal law, if, for so long as, and to\\nthe extent that federal financial participation is available therefor.\\n 12. (a) Notwithstanding any provision of law to the contrary, the\\ncommissioner of health, in consultation with the office of children and\\nfamily services, shall develop and submit applications for waivers\\npursuant to section nineteen hundred fifteen of the federal social\\nsecurity act as may be necessary to provide medical assistance,\\nincluding services not presently included in the medical assistance\\nprogram, for persons described in paragraph (b) of this subdivision. If\\ngranted such waivers, the commissioner of health, on the advice and\\nrecommendation of the commissioner of children and family services, may\\nauthorize such persons to receive such assistance to the extent funds\\nare appropriated therefor.\\n (b) Persons eligible for inclusion in the waiver program established\\nby this subdivision shall be residents of New York state under the age\\nof twenty-one years, who are eligible for care in a medical institution,\\nwho have had the responsibility for their care and placement transferred\\nto the local commissioner of a social services district or to the office\\nof children and family services as adjudicated juvenile delinquents\\nunder article three of the family court act, where placement is in a\\nnon-secure setting, and who:\\n (i) have a diagnosis of a mental disorder under the most recent\\nedition of the Diagnostic and Statistical Manual of Mental Disorders;\\n (ii) have a diagnosis of a developmental disability as defined in\\nsection 1.03 of the mental hygiene law; or\\n (iii) have a physical disability.\\n (c) Services which may be provided to persons specified in paragraph\\n(b) of this subdivision, in addition to services otherwise authorized,\\nmay include but are not limited to:\\n (i) services that will permit children to be better served, prevent\\ninstitutionalization, and allow utilization at lower-levels of\\ninstitutional care;\\n (ii) case management services;\\n (iii) respite services;\\n (iv) medical social services;\\n (v) nutritional counseling;\\n (vi) respiratory therapy;\\n (vii) home adaptation and/or environmental modifications;\\n (viii) clinical interventions;\\n (ix) crisis services;\\n (x) social training;\\n (xi) habilitation and rehabilitation services;\\n (xii) counseling;\\n (xiii) medication therapy;\\n (xiv) partial hospitalization;\\n (xv) educational and related services; and\\n (xvi) other services included in the written plan of care.\\n (d) Notwithstanding any provision of this chapter or any other law to\\nthe contrary, for purposes of determining medical assistance eligibility\\nfor persons specified in paragraph (b) of this subdivision, the income\\nand resources of a legally responsible relative shall not be deemed\\navailable for as long as the person meets the criteria specified in this\\nsubdivision; provided, however, that such income shall continue to be\\ndeemed unavailable should responsibility for the care and placement of\\nthe person be returned to his or her parent or other legally responsible\\nperson.\\n (e) Before a person may participate in the waiver program established\\nby this subdivision, the social services district that is fiscally\\nresponsible for the person shall determine that there is a reasonable\\nexpectation that annual medical assistance expenditures for such person\\nwill not exceed federal requirements.\\n (f) The eligibility and benefits authorized by this subdivision shall\\nbe applicable if, and as long as, federal financial participation is\\navailable for expenditures incurred under this subdivision. The\\neligibility and benefits authorized by this subdivision shall not apply\\nunless all necessary approvals under federal law and regulation have\\nbeen obtained to receive federal financial participation in the costs of\\nservices provided pursuant to this subdivision.\\n (g) Nothing in this subdivision shall be construed to create an\\nentitlement to services under the waiver program established by this\\nsubdivision.\\n (h) A person participating in the waiver program established by this\\nsubdivision may continue participation in the program until it is no\\nlonger consistent with the plan of care, or until age twenty-one,\\nwhichever occurs earlier, notwithstanding the person's status as having\\nbeen discharged from the care and placement of the local commissioner of\\na social services district or the commissioner of children and family\\nservices, including adoption or participation in the kinship\\nguardianship assistance program under title ten of article six of this\\nchapter.\\n 13. The commissioner of health, in consultation with the commissioner\\nof the office of children and family services, shall make any available\\namendments to the state plan for medical assistance submitted pursuant\\nto section three hundred sixty-three-a of this title, or, if an\\namendment is not possible, develop and submit an application for any\\nwaiver under the federal social security act that may be available to\\nprovide medical assistance for those children receiving kinship\\nguardianship assistance payments under title ten of article six of this\\nchapter who are not automatically eligible for such medical assistance\\nunder title IV-E of the federal social security act.\\n 14. The commissioner of health may make any available amendments to\\nthe state plan for medical assistance submitted pursuant to section\\nthree hundred sixty-three-a of this title, or, if an amendment is not\\npossible, develop and submit an application for any waiver or approval\\nunder the federal social security act that may be necessary to disregard\\nor exempt an amount of income, for the purpose of assisting with housing\\ncosts, for individuals receiving coverage of nursing facility services\\nunder this title, other than short-term rehabilitation services, and for\\nindividuals in receipt of medical assistance while in an adult home, as\\ndefined in subdivision twenty-five of section two of this chapter, who:\\nare (i) discharged to the community; and (ii) if eligible, enrolled or\\nrequired to enroll and have initiated the process of enrolling in a plan\\ncertified pursuant to section forty-four hundred three-f of the public\\nhealth law; and (iii) do not meet the criteria to be considered an\\n\"institutionalized spouse\" for purposes of section three hundred\\nsixty-six-c of this title.\\n 15. The commissioner may contract with one or more entities to engage\\nin education, outreach services, and facilitated enrollment activities\\nfor aged, blind, and disabled persons who may be eligible for coverage\\nunder this title.\\n * 16. (a) The commissioner of health is authorized to submit the\\nappropriate waivers and/or any other required requests for federal\\napproval, including but not limited to, those authorized in section\\neleven hundred fifteen of the federal social security act, in order to\\nestablish expanded medical assistance eligibility for working disabled\\nindividuals. Such waiver applications shall be executed consistent with\\nparagraphs (b), (c), (d) and (e) of this subdivision, to the extent\\nthose sections comply with the requirements of section eleven hundred\\nfifteen of the federal social security act. Notwithstanding\\nsubparagraphs five and six of paragraph (c) of subdivision one of this\\nsection and subdivision twelve of section three hundred sixty-seven-a of\\nthis title, or any other provision of law to the contrary, if granted\\nsuch waiver, the commissioner of health may authorize eligible persons\\nto receive medical assistance pursuant to the waiver if, for so long as,\\nand to the extent that, financial participation is available therefor.\\nThe waiver application shall provide for thirty thousand persons to be\\neligible to participate in such waiver.\\n (b) Individuals eligible for participation in such waiver shall:\\n (i) be a disabled individual, defined as having a medically\\ndeterminable impairment of sufficient severity and duration to qualify\\nfor benefits under Titles II or XVI of the social security act;\\n (ii) be at least sixteen years of age;\\n (iii) be otherwise eligible for medical assistance benefits, but for\\nearnings and/or resources in excess of the allowable limit;\\n (iv) have net available income, determined in accordance with\\nsubdivision two of this section, that does not exceed two thousand two\\nhundred fifty percent of the applicable federal poverty line, as defined\\nand updated by the United States department of health and human\\nservices;\\n (v) have resources, as defined in paragraph (e) of subdivision two of\\nsection three hundred sixty-six-c of this title, other than retirement\\naccounts, that do not exceed three hundred thousand dollars;\\n (vi) contribute to the cost of medical assistance provided pursuant to\\nthis paragraph in accordance with paragraph (d) of this subdivision; and\\n (vii) meet such other criteria as may be established by the\\ncommissioner as may be necessary to administer the provisions of this\\nsubdivision in an equitable manner.\\n (c) An individual at least sixteen years of age who: is employed;\\nceases to be eligible for participation in such waiver pursuant to\\nparagraph (b) of this subdivision because the person, by reason of\\nmedical improvement, is determined at the time of a regularly scheduled\\ncontinuing disability review to no longer be certified as disabled under\\nthe social security act; continues to have a severe medically\\ndeterminable impairment, to be determined in accordance with applicable\\nfederal regulations; and contributes to the cost of medical assistance\\nprovided pursuant to this paragraph in accordance with paragraph (d) of\\nthis subdivision, shall be eligible for participation in such waiver.\\nFor purposes of this paragraph, a person is considered to be employed if\\nthe person is earning at least the applicable minimum wage under section\\nsix of the federal fair labor standards act and working at least forty\\nhours per month.\\n (d) Prior to receiving medical assistance pursuant to such waiver, a\\nperson whose net available income is greater than or equal to two\\nhundred fifty percent of the applicable federal poverty line shall pay a\\nmonthly premium, in accordance with a procedure to be established by the\\ncommissioner, provided that no enrollee shall pay a monthly premium that\\nexceeds exceed eight and one-half percent of the enrollee's monthly\\nincome. The amount of such premium for a person whose net available\\nincome is greater than or equal to two hundred fifty percent of the\\napplicable federal poverty line, but less than three hundred percent of\\nthe applicable federal poverty line shall be three hundred and\\nforty-seven dollars but shall not exceed four percent of the enrollee's\\nmonthly income. The amount of such premium for a person whose net\\navailable income is greater than or equal to three hundred percent of\\nthe applicable federal poverty line, but less than four hundred percent\\nof the applicable federal poverty line shall be five hundred eighteen\\ndollars but shall not exceed six percent of the enrollee's monthly\\nincome. The amount of such premium for a person whose net available\\nincome is greater than or equal to four hundred percent of the\\napplicable federal poverty line, but less than five hundred percent of\\nthe applicable federal poverty line shall be seven hundred and\\nseventy-nine dollars but shall not exceed eight and one-half percent of\\nthe enrollee's monthly income. The amount of such premium for a person\\nwhose net available income is equal to or greater than five hundred\\npercent of the applicable federal poverty line shall be one thousand\\nthirty-three dollars but shall not exceed eight and one-half percent of\\nthe enrollee's monthly income. No premium shall be required from a\\nperson whose net available income is less than two hundred fifty percent\\nof the applicable federal poverty line.\\n (e) Notwithstanding any other provision of this section or any other\\nlaw to the contrary, for purposes of determining medical assistance\\neligibility for persons specified in paragraph (b) or (c) of this\\nsubdivision, the income and resources of responsible relatives shall not\\nbe deemed available for as long as the person meets the criteria\\nspecified in this subdivision.\\n * NB Effective January 1, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-A", "title" : "Applications for assistance; investigations; reconsideration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01" ], "docLevelId" : "366-A", "activeDate" : "2015-05-01", "sequenceNo" : 396, "repealedDate" : null, "fromSection" : "366-A", "toSection" : "366-A", "text" : " § 366-a. Applications for assistance; investigations; reconsideration.\\n1. Any person requesting medical assistance may make application\\ntherefor by a written application to the social services official of the\\ncounty in which the applicant resides or is found or to the department\\nof health or its agent; a phone application; or an on-line application.\\nNotwithstanding any provision of law to the contrary, an in-person\\ninterview with the applicant or with the person who made application on\\nhis or her behalf shall not be required as part of a determination of\\ninitial or continuing eligibility pursuant to this title.\\n 1-a. Every person making application for medical assistance, and every\\nperson on whose behalf an application is made, shall, if interested, be\\ngiven the New York state department of health model health care proxy\\nform by the person taking the application, except where doing so would\\nimpede the immediate provision of health care services.\\n 2. (a) Upon receipt of such application, the appropriate social\\nservices official, or the department of health or its agent shall verify\\nthe eligibility of such applicant. In accordance with the regulations of\\nthe department of health, it shall be the responsibility of the\\napplicant to provide information and documentation necessary for the\\ndetermination of initial and ongoing eligibility for medical assistance.\\nIf an applicant or recipient is unable to provide necessary\\ndocumentation, the social services official or the department of health\\nor its agent shall promptly cause an investigation to be made. Where an\\ninvestigation is necessary, sources of information other than public\\nrecords will be consulted only with permission of the applicant or\\nrecipient. In the event that such permission is not granted by the\\napplicant or recipient, or necessary documentation cannot be obtained,\\nthe social services official or the department of health or its agent\\nmay suspend or deny medical assistance until such time as it may be\\nsatisfied as to the applicant's or recipient's eligibility therefor.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, an applicant or recipient may attest to the amount of his\\nor her accumulated resources, unless such applicant or recipient is\\nseeking medical assistance payment for long term care services. For\\npurposes of this paragraph, long term care services shall mean care,\\ntreatment, maintenance, and services described in paragraph (b) of\\nsubdivision 1 of section three hundred sixty-seven-f of this title, with\\nthe exception of short term rehabilitation, as defined by the\\ncommissioner of health.\\n (c) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, an applicant or recipient providing written documentation\\nof income eligibility of a child for free or reduced breakfast or lunch\\nthrough the school meal program certified by the child's school shall\\nmeet the evidentiary requirement necessary to document income.\\n * (d) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, an applicant or recipient whose eligibility under this\\ntitle is determined without regard to the amount of his or her\\naccumulated resources may attest to the amount of interest income\\ngenerated by such resources if the amount of such interest income is\\nexpected to be immaterial to medical assistance eligibility, as\\ndetermined by the commissioner of health. In the event there is an\\ninconsistency between the information reported by the applicant or\\nrecipient and any information obtained by the commissioner of health\\nfrom other sources and such inconsistency is material to medical\\nassistance eligibility, the commissioner of health shall request that\\nthe applicant or recipient provide adequate documentation to verify his\\nor her interest income.\\n * NB There are 2 par (d)'s\\n * (d) The commissioner of health may verify the accuracy of the\\ninformation provided by the applicant or recipient pursuant to\\nparagraphs (b) and (c) of this subdivision, by matching it against\\ninformation to which the commissioner of health has access, including\\nunder subdivision eight of this section. In the event there is an\\ninconsistency between the information reported by the applicant or\\nrecipient and any information obtained by the commissioner of health\\nfrom other sources and such inconsistency is material to medical\\nassistance eligibility, the commissioner of health shall request that\\nthe applicant or recipient provide adequate documentation to verify his\\nor her resources.\\n * NB There are 2 par (d)'s\\n 3. Upon the receipt of such application, and after the completion of\\nany investigation that shall be deemed necessary, the appropriate social\\nservices official or the department of health or its agent shall\\n (a) decide whether the applicant is eligible for and should receive\\nmedical assistance, the amount thereof and the date on which it shall\\nbegin, which shall be the date of the application or, subject to\\napplicable department regulations, such earlier or later date as may be\\ndeemed reasonable;\\n (b) notify the applicant in writing of the decision, and where such\\napplicant is found eligible, provide a tamper resistant identification\\ncard containing a photo image of the applicant for use in securing\\nmedical assistance under this title provided, however, that an\\nidentification card need not contain a photo image of a person other\\nthan an adult member of an eligible household or a single-person\\neligible household. The department is not required to provide, but shall\\nseek practical methods for providing, a card with such picture to a\\nperson when such person is homebound or is a resident of a residential\\nhealth care facility, or an in-patient psychiatric facility, or is\\nexpected to remain hospitalized for an extended period. The commissioner\\nshall have the authority to define categories of recipients who are not\\nrequired to have a photo identification card where such card would be\\nlimited, unnecessary or impracticable.\\n (c) with respect to a person determined eligible for assistance under\\nthis title by the federal social security administration under an\\nagreement between the department and the secretary of health, education\\nand welfare pursuant to section three hundred sixty-three-b of this\\ntitle issue a medical assistance identification card which shall be\\nvalid for periods determined by the local social services official, but\\nnot to exceed six months.\\n 4. Every applicant or recipient shall promptly advise the public\\nwelfare district of any change in his financial condition or income,\\nnumber of wage earners and members in the family unit on such forms and\\nin such manner as the department by regulation may prescribe. In the\\nevent that any applicant or recipient shall no longer be eligible for\\nmedical assistance, he shall promptly return his identification card\\nissued pursuant to the provisions of this article to the public welfare\\ndistrict.\\n 5. (a) All continuing assistance under this title shall be\\nreconsidered from time to time, or as frequently as may be required by\\nthe regulations of the department. After such further investigation as\\nthe social services official may deem necessary or the department may\\nrequire, the assistance may be modified or withdrawn if it is found that\\nthe recipient's circumstances have changed sufficiently to warrant such\\naction. The assistance may be cancelled for cause, and payment thereof\\nmay be suspended for cause for such periods as may be deemed necessary,\\nsubject to review by the department as provided in section twenty-two of\\nthis chapter.\\n (b) The commissioner shall develop a simplified statewide\\nrecertification form for use in redetermining eligibility under this\\ntitle. The form may include requests only for such information that is:\\n (i) reasonably necessary to determine continued eligibility for\\nmedical assistance under this title; and\\n (ii) subject to change since the date of the recipient's initial\\napplication.\\n (c) The regulations required by paragraph (a) of this subdivision\\nshall provide that:\\n (i) the redetermination of eligibility will be made based on reliable\\ninformation possessed or available to the department of health or its\\nagent, including information accessed from databases pursuant to\\nsubdivision eight of this section;\\n (ii) if the department of health or its agent is unable to renew\\neligibility based on available information, the recipient will be\\nrequested to supply any such information as is necessary to determine\\ncontinued eligibility for medical assistance under this title; and\\n (iii) for persons whose medical assistance eligibility is based on\\nmodified adjusted gross income, eligibility must be renewed at least\\nonce every twelve months, unless the department of health or its agent\\nreceives information about a change in a recipient's circumstances that\\nmay affect eligibility.\\n * (d) An in-person interview with the recipient shall not\\nautomatically be required as part of a redetermination of eligibility\\npursuant to this subdivision unless the department of health determines\\notherwise.\\n * NB There are 2 par (d)'s\\n * (d) The commissioner of health shall verify the accuracy of the\\ninformation provided by an applicant or recipient by matching it against\\ninformation to which the commissioner of health has access, including\\nunder subdivision eight of this section. In the event the information\\nreported by the recipient is not reasonably compatible with any\\ninformation obtained by the commissioner of health from other sources\\nand such incompatibility is material to medical assistance eligibility,\\nthe commissioner of health shall request that the recipient provide\\nadequate documentation to verify his or her place of residence or\\nincome, as applicable. In addition to the documentation of residence and\\nincome authorized by this paragraph, the commissioner of health is\\nauthorized to periodically require a reasonable sample of recipients to\\nprovide documentation of residence and income at recertification. The\\ncommissioner of health shall consult with the medicaid inspector general\\nregarding income and residence verification practices and procedures\\nnecessary to maintain program integrity and deter fraud and abuse.\\n * NB There are 2 par (d)'s\\n 6. Notwithstanding any other provisions of this chapter or other law,\\nthe investigations, decisions and actions required to be made or taken\\nby a public welfare official pursuant to this section shall be made or\\ntaken only by the chief executive officer of the public welfare\\ndepartment of a public welfare district, or by an employee of such\\nwelfare department designated by such chief executive officer.\\n 7. Local social services districts shall be authorized, with the\\napproval of the department, to station local social services employees\\nat federal social security offices for the purpose of providing\\ninformation and referral services relating to medical assistance to\\neligible persons.\\n 8. (a) Notwithstanding subdivisions two and five of this section,\\ninformation concerning income and resources of applicants for and\\nrecipients of medical assistance may be verified by matching client\\ninformation with information contained in the wage reporting system\\nestablished by section one hundred seventy-one-a of the tax law and in\\nsimilar systems operating in other geographically contiguous states, by\\nmeans of an income verification performed pursuant to a memorandum of\\nunderstanding with the department of taxation and finance pursuant to\\nsubdivision four of section one hundred seventy-one-b of the tax law,\\nand, to the extent required by federal law, with information contained\\nin the non-wage income file maintained by the United States internal\\nrevenue service, in the beneficiary data exchange maintained by the\\nUnited States department of health and human services, and in the\\nunemployment insurance benefits file. Such matching shall provide for\\nprocedures which document significant inconsistent results of matching\\nactivities. Nothing in this section shall be construed to prohibit\\nactivities the department reasonably believes necessary to conform with\\nfederal requirements under section one thousand one hundred thirty-seven\\nof the social security act.\\n (b) Any verification response by the department of taxation and\\nfinance pursuant to paragraph (a) of this subdivision shall not be a\\npublic record and shall not be released except pursuant to this\\nparagraph. Information disclosed pursuant to this paragraph shall be\\nlimited to information necessary for verification. Information so\\ndisclosed shall be kept confidential by the party receiving such\\ninformation. Such information shall be expunged within a reasonable time\\nto be determined by the commissioner and the department of taxation and\\nfinance.\\n 9. (a) Every applicant for or recipient of medical assistance who has\\ndependent children shall be informed in writing at the time of\\napplication and at the time of any action affecting his or her receipt\\nof such assistance of the availability of:\\n (i) medical assistance without cash assistance under this title;\\n (ii) transitional medical assistance under paragraphs (a), (b) and (c)\\nof subdivision four of section three hundred sixty-six of this title;\\n (iii) the expanded eligibility provisions for pregnant women and\\nchildren under paragraphs (m), (n), (o), (p) and (q), (s) and (t) of\\nsubdivision four of section three hundred sixty-six of this title;\\n (iv) medical assistance for aged, blind or disabled persons under\\nsubdivision one of section three hundred sixty-six of this title;\\n (v) family health plus under section three hundred sixty-nine-ee of\\nthis article; and,\\n (vi) child health plus under title one-A of article twenty-five of the\\npublic health law.\\n (b) Every applicant for or recipient of medical assistance who has no\\ndependent children shall be informed in writing at the time of\\napplication and at the time of any action affecting his or her receipt\\nof such assistance of the availability of:\\n (i) medical assistance without cash assistance under this title;\\n (ii) the expanded eligibility provisions for pregnant women under\\nparagraphs (m) and (o) of subdivision four of section three hundred\\nsixty-six of this title;\\n (iii) medical assistance for aged, blind or disabled persons under\\nsubdivision one of section three hundred sixty-six of this title; and,\\n (iv) family health plus under section three hundred sixty-nine-ee of\\nthis article.\\n (10) As a condition for the provision of medical assistance for\\nnursing facility services, the application of an individual for such\\nassistance, including any recertification of eligibility for such\\nassistance, shall disclose a description of any interest the individual\\nor community spouse has in an annuity or similar financial instrument,\\nregardless of whether the annuity is irrevocable or is treated as an\\nasset. Such application or recertification form shall include a\\nstatement that the state of New York becomes a remainder beneficiary\\nunder such annuity or similar financial instrument by virtue of the\\nprovision of such medical assistance.\\n 11. (a) Notwithstanding any inconsistent provision of law, rule or\\nregulation, the commissioner of health is authorized to (i) establish\\nstandards and procedures for express lane enrollment and renewal\\nimplemented in accordance with section 1902(e)(13) of the federal social\\nsecurity act, including but not limited to reliance on a finding made by\\nan express lane agency, as defined in section 1902(e)(13)(F) and (H) of\\nthe federal social security act, to determine whether a child meets one\\nor more of the eligibility criteria for medical assistance; (ii) specify\\nsuch standards and procedures in the medical assistance state plan\\nestablished under title XIX of the federal social security act; and\\n(iii) waive any information and documentation requirements set forth in\\nthis section necessary to implement express lane eligibility; provided,\\nhowever, information and documentation required pursuant to section one\\nhundred twenty-two of this chapter may not be waived.\\n (b) Subject to federal approval, such standards and procedures shall\\nspecify that information and documentation regarding citizenship and\\nimmigration status collected by an express lane agency and provided to\\nthe commissioner for the purpose of express lane eligibility may be used\\nto satisfy the requirements of section one hundred twenty-two of this\\nchapter.\\n (c) Such standards and procedures shall also include a process for\\ndetermining enrollment error rates and implementing corrective actions\\nas required by section 1902(e)(13)(E) of the federal social security\\nact.\\n (d) For purposes of a medical assistance eligibility determination\\nmade in accordance with this subdivision, a child shall be deemed to\\nsatisfy the income eligibility criteria for medical assistance if an\\nexpress lane agency, as defined in section 1902(e)(13)(F) and (H) of the\\nfederal social security act and specified in the standards and\\nprocedures established pursuant to paragraph (a) of this subdivision,\\nhas determined that: the child's family has income that does not exceed\\na screening threshold amount, as determined by the commissioner of\\nhealth, equal to a percentage of the federal poverty line (as defined\\nand annually revised by the United States department of health and human\\nservices) that exceeds by thirty percentage points the highest income\\neligibility level applicable to a family of the same size under the\\nmedical assistance program.\\n 12. The commissioner shall develop expedited procedures for\\ndetermining medical assistance eligibility for any medical assistance\\napplicant with an immediate need for personal care or consumer directed\\npersonal assistance services pursuant to paragraph (e) of subdivision\\ntwo of section three hundred sixty-five-a of this title or section three\\nhundred sixty-five-f of this title, respectively. Such procedures shall\\nrequire that a final eligibility determination be made within seven days\\nof the date of a complete medical assistance application.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-B", "title" : "Penalties for fraudulent practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "366-B", "activeDate" : "2014-09-22", "sequenceNo" : 397, "repealedDate" : null, "fromSection" : "366-B", "toSection" : "366-B", "text" : " § 366-b. Penalties for fraudulent practices. 1. Any person who\\nknowingly makes a false statement or representation, or who by\\ndeliberate concealment of any material fact, or by impersonation or\\nother fraudulent device, obtains or attempts to obtain or aids or abets\\nany person to obtain medical assistance to which he is not entitled,\\nshall be guilty of a class A misdemeanor, unless such act constitutes a\\nviolation of a provision of the penal law of the state of New York, in\\nwhich case he shall be punished in accordance with the penalties fixed\\nby such law.\\n 2. Any person who, with intent to defraud, presents for allowance or\\npayment any false or fraudulent claim for furnishing services or\\nmerchandise, or knowingly submits false information for the purpose of\\nobtaining greater compensation than that to which he is legally entitled\\nfor furnishing services or merchandise, or knowingly submits false\\ninformation for the purpose of obtaining authorization for furnishing\\nservices or merchandise under this title, shall be guilty of a class A\\nmisdemeanor, unless such act constitutes a violation of a provision of\\nthe penal law of the state of New York, in which case he shall be\\npunished in accordance with the penalties fixed by such law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-C", "title" : "Treatment of income and resources of institutionalized persons", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2023-05-12" ], "docLevelId" : "366-C", "activeDate" : "2023-05-12", "sequenceNo" : 398, "repealedDate" : null, "fromSection" : "366-C", "toSection" : "366-C", "text" : " § 366-c. Treatment of income and resources of institutionalized\\npersons. 1. Notwithstanding any other provision of law to the contrary,\\nin determining the eligibility for medical assistance of a person\\ndefined as an institutionalized spouse, the income and resources of such\\nperson and the person's community spouse shall be treated as provided in\\nthis section.\\n 2. (a) For purposes of this section an \"institutionalized spouse\" is a\\nperson (i) who is in a medical institution or nursing facility and\\nexpected to remain in such facility or institution for at least thirty\\nconsecutive days; or (ii) who is receiving care, services and supplies\\npursuant to a waiver pursuant to subsection (c) of section nineteen\\nhundred fifteen of the federal social security act, or successor to such\\nwaiver, or is receiving care, services and supplies in a managed\\nlong-term care plan pursuant to section eleven hundred fifteen of the\\nsocial security act; and (iii) who is married to a person who is not in\\na medical institution or nursing facility or is not receiving waiver\\nservices described in subparagraph (ii) of this paragraph; provided,\\nhowever, that medical assistance shall be furnished pursuant to this\\nparagraph only if, for so long as, and to the extent that federal\\nfinancial participation is available therefor. The commissioner of\\nhealth shall make any amendments to the state plan for medical\\nassistance, or apply for any waiver or approval under the federal social\\nsecurity act that are necessary to carry out the provisions of this\\nparagraph.\\n (b) For purposes of this section, a \"community spouse\" is a person who\\nis the spouse of an \"institutionalized spouse\".\\n (c) For the purposes of this section, \"spousal share\" means an amount\\nequal to one-half of the total value of the resources of the community\\nspouse and the institutionalized spouse, as of the beginning of the\\nfirst continuous period of institutionalization beginning on or after\\nthe thirtieth day of September, nineteen hundred eighty-nine, to the\\nextent that either, or both, have an ownership interest as of the date\\nof the continuous period of institutionalization of the\\ninstitutionalized spouse.\\n (d) For the purposes of this section, \"community spouse resource\\nallowance\" means the amount, if any, by which the greatest of the\\nfollowing amounts exceeds the total value of the resources otherwise\\navailable to the community spouse:\\n (i) (A) prior to January first, nineteen hundred ninety-five, sixty\\nthousand dollars, which shall be increased annually by the same\\npercentage as the percentage increase in the federal consumer price\\nindex;\\n (B) on and after January first, nineteen hundred ninety-five through\\nJune thirtieth, nineteen hundred ninety-nine, seventy-four thousand\\neight hundred twenty dollars or such greater amount as may be required\\nunder federal law;\\n (ii) the lesser of sixty thousand dollars which shall be increased\\nannually by the same percentage as the percentage increase in the\\nfederal consumer price index or the spousal share; or\\n (iii) the amount established for support of the community spouse\\npursuant to a fair hearing under this section; or\\n (iv) the amount transferred pursuant to court order for the support of\\nthe community spouse.\\n (e) For purposes of this section, \"resources\" do not include resources\\nexcluded in determining eligibility for benefits under title XVI of the\\nfederal social security act, as defined by the commissioner consistent\\nwith federal law.\\n (f) For purposes of this section, \"family member\" includes only a\\ndependent or minor child, a dependent parent, or a dependent sibling of\\nthe institutionalized spouse or the community spouse, who resides with\\nthe community spouse.\\n (g) For purposes of this section, \"community spouse monthly income\\nallowance\" is the amount by which the minimum monthly maintenance needs\\nallowance for the community spouse exceeds the monthly income otherwise\\navailable to the community spouse unless a greater amount is established\\npursuant to a fair hearing under this section or pursuant to court order\\nfor the support of the community spouse.\\n (h) For purposes of this section, \"minimum monthly maintenance needs\\nallowance\" is an amount equal to one-twelfth of the applicable\\npercentage of the federal income official poverty line for a family of\\ntwo, plus an excess shelter allowance, provided however, such amount\\nshall not be less than one thousand five hundred dollars per month, nor\\nexceed one thousand five hundred dollars (as adjusted in the discretion\\nof the commissioner for changes in the federal consumer price index for\\ncalendar years after nineteen hundred eighty-nine) per month.\\n (i) For purposes of this section, \"family allowance for each family\\nmember\" is an amount equal to the one-third times one-twelfth of the\\napplicable percentage of the federal income official poverty line to a\\nfamily of two, less the monthly income otherwise available to the family\\nmember.\\n (j) For purposes of this section, the \"applicable percentage of the\\nfederal income official poverty line\" shall be one hundred twenty-two\\npercent as of September thirtieth, nineteen hundred eighty-nine; one\\nhundred thirty-three percent as of July first, nineteen hundred\\nninety-one and one hundred fifty percent on and after July first,\\nnineteen hundred ninety-two.\\n (k) For purposes of this section, the \"excess shelter allowance\" shall\\nbe the amount by which the community spouse's rent, mortgage, or\\ncondominium or cooperative maintenance fees, taxes and insurance, and\\nutilities exceed thirty percent of one-twelfth of the applicable\\npercentage of the federal income official poverty line for two persons.\\n 3. Unless established by a preponderance of the evidence to the\\ncontrary, the following presumptions shall apply in determining the\\navailability of income to an institutionalized spouse in determining\\neligibility for medical assistance.\\n (a) During any month in which an institutionalized spouse is in the\\ninstitution or facility, no income of the community spouse shall be\\nconsidered available to the institutionalized spouse except as provided\\nin this subdivision; and\\n (b) Income solely in the name of the institutionalized spouse or the\\ncommunity spouse shall be considered available only to that spouse; and\\n (c) Income in the names of the institutionalized spouse and the\\ncommunity spouse shall be considered available one-half to each spouse;\\nand\\n (d) Income in the names of the institutionalized spouse or the\\ncommunity spouse, or both, and also in the name of another person or\\npersons, shall be considered available to each spouse in proportion to\\nthe spouse's interest or, if in the names of both spouses and no share\\nis specified, one-half of the joint interest shall be considered\\navailable to each spouse; and\\n (e) (i) Income from a trust shall be considered available to each\\nspouse in accordance with the provisions of the trust instrument, or, in\\nabsence of a specific trust provision allocating income, in accordance\\nwith the provisions of paragraphs (a) through (d) of this subdivision;\\nand\\n (ii) Additionally, income from a trust shall be attributed in\\naccordance with the provisions of this title and title XIX of the\\nfederal social security act; and\\n (f) Income in which there is no instrument establishing ownership\\nshall be considered to be available one-half to the institutionalized\\nspouse and one-half to the community spouse.\\n * 4. In determining the amount of income to be applied toward the cost\\nof medical care, services and supplies of the institutionalized spouse,\\nafter the institutionalized spouse has been determined eligible for\\nmedical assistance, the following items shall be deducted from the\\nmonthly income of the institutionalized spouse in the following order:\\n (a) a personal needs allowance;\\n (b) a community spouse monthly income allowance;\\n (c) a family allowance for each family member;\\n (d) any expenses incurred for medical care, services or supplies and\\nremedial care for the institutionalized spouse;\\nprovided, however, that, to the extent required by federal law, the\\nterms of this subdivision shall not apply to persons who are receiving\\ncare, services and supplies pursuant to the following waivers under\\nsection 1915(c) of the federal social security act: the nursing facility\\ntransition and diversion waiver authorized pursuant to subdivision six-a\\nof section three hundred sixty-six of this title; the traumatic brain\\ninjury waiver authorized pursuant to section twenty-seven hundred forty\\nof the public health law, the long term home health care program waiver\\nauthorized pursuant to section three hundred sixty-seven-c of this\\ntitle, and the home and community based services waiver for persons with\\ndevelopmental disabilities, or successor to such waiver, administered by\\nthe office for people with developmental disabilities pursuant to an\\nagreement with the federal centers for medicare and Medicaid services.\\n * NB Effective until March 31, 2028\\n * 4. In determining the amount of income to be applied toward the cost\\nof medical care, services and supplies of the institutionalized spouse,\\nafter the institutionalized spouse has been determined eligible for\\nmedical assistance, the following items shall be deducted from the\\nmonthly income of the institutionalized spouse in the following order:\\n (a) a personal needs allowance;\\n (b) a community spouse monthly income allowance;\\n (c) a family allowance for each family member;\\n (d) any expenses incurred for medical care, services or supplies and\\nremedial care for the institutionalized spouse.\\n * NB Effective March 31, 2028\\n 5. The following rules apply in determining the resources of the\\ninstitutionalized spouse and the community spouse in establishing\\neligibility for medical assistance:\\n (a) All resources, including resources required to be considered in\\ndetermining eligibility pursuant to paragraph (c) of subdivision five of\\nsection three hundred sixty-six of this title, held by either the\\ninstitutionalized spouse or the community spouse or both shall be\\nconsidered available to the institutionalized spouse to the extent that\\nthe value of the resources exceeds the community spouse resource\\nallowance.\\n (b) An institutionalized spouse shall not be ineligible for medical\\nassistance by reason of excess resources determined under paragraph (a)\\nof this subdivision, if the institutionalized spouse executes an\\nassignment of support from the community spouse in favor of the social\\nservices district and the department, or the institutionalized spouse is\\nunable to execute such assignment due to physical or mental impairment,\\nor to deny assistance would create an undue hardship, as defined by the\\ncommissioner.\\n (c) After the month in which the institutionalized spouse has been\\ndetermined eligible for medical assistance during a continuous period of\\ninstitutionalization, no resource of the community spouse shall be\\nconsidered available to the institutionalized spouse.\\n 6. Notwithstanding paragraph (c) of subdivision five of section three\\nhundred sixty-six of this title and after an institutionalized spouse is\\ndetermined eligible for medical assistance, transfers of resources by\\nthe institutionalized spouse to the community spouse shall be permitted\\nto the extent that the transfers are solely to or for the benefit of the\\ncommunity spouse and do not exceed the value of the community spouse\\nresource allowance. Such transfers must be made as soon as practicable\\nafter the determination of eligibility.\\n 7. (a) At the beginning or after the commencement of a continuous\\nperiod of institutionalization, either spouse may request an assessment\\nof the total value of their resources or a determination of the\\ncommunity spouse monthly income allowance, the amount of the family\\nallowance, or the method of computing the amount of the family\\nallowance, or the method of computing the amount of the community spouse\\nincome allowance.\\n (b) (i) Upon receipt of a request pursuant to paragraph (a) of this\\nsubdivision together with all relevant documentation of the resources of\\nboth spouses, the social services district shall assess and document the\\ntotal value of the spouses' resources and provide each spouse with a\\ncopy of the assessment and the documentation upon which it was based. If\\nthe request is not part of an application for medical assistance\\nbenefits, the social services district may charge a fee for the\\nassessment which is related to the cost of preparing and copying the\\nassessment and documentation which fee may not exceed twenty-five\\ndollars.\\n (ii) The social services district shall also notify each requesting\\nspouse of the community spouse monthly income allowance, of the amount,\\nif any, of the family allowances, and of the method of computing the\\namount of the community spouse monthly income allowance.\\n (c) The social services district shall also provide to the spouse a\\nnotice of the right to a fair hearing at the time of provision of the\\ninformation requested under paragraph (a) of this subdivision or after a\\ndetermination of eligibility for medical assistance. Such notice shall\\nbe in the form prescribed or approved by the commissioner and include a\\nstatement advising the spouse of the right to a fair hearing under this\\nsection.\\n 8. (a) If, after a determination on an application for medical\\nassistance has been made, either spouse is dissatisfied with the\\ndetermination of the community spouse monthly allowance, the amount of\\nmonthly income otherwise available to the community spouse, the\\ncomputation of the spousal share of resources, the attribution of\\nresources or the determination of the community spouse's resource\\nallocation, the spouse may request a fair hearing to dispute such\\ndetermination. Such hearing shall be held within thirty days of the\\nrequest therefor.\\n (b) If either spouse establishes that the community spouse needs\\nincome above the level established by the social services district as\\nthe minimum monthly maintenance needs allowance, based upon exceptional\\ncircumstances which result in significant financial distress (as defined\\nby the commissioner in regulations), the department shall substitute an\\namount adequate to provide additional necessary income from the income\\notherwise available to the institutionalized spouse.\\n (c) If either spouse establishes that income generated by the\\ncommunity spouse resource allowance, established by the social services\\ndistrict, is inadequate to raise the community spouse's income to the\\nminimum monthly maintenance needs allowance, the department shall\\nestablish a resource allowance for the spousal share of the\\ninstitutionalized spouse adequate to provide such minimum monthly\\nmaintenance needs allowance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-D", "title" : "Medical assistance provider; prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "366-D", "activeDate" : "2014-09-22", "sequenceNo" : 399, "repealedDate" : null, "fromSection" : "366-D", "toSection" : "366-D", "text" : " § 366-d. Medical assistance provider; prohibited practices. 1.\\nDefinitions. As used in this section, \"medical assistance provider\"\\nmeans any person, firm, partnership, group, association, fiduciary,\\nemployer or representative thereof or other entity who is furnishing\\ncare, services or supplies under title eleven of article five of this\\nchapter.\\n 2. No medical assistance provider shall:\\n (a) solicit, receive, accept or agree to receive or accept any\\npayment or other consideration in any form from another person to the\\nextent such payment or other consideration is given: (i) for the\\nreferral of services for which payment is made under title eleven of\\narticle five of this chapter; or (ii) to purchase, lease or order any\\ngood, facility, service or item for which payment is made under title\\neleven of article five of this chapter; or\\n (b) offer, agree to give or give any payment or other consideration\\nin any form to another person to the extent such payment or other\\nconsideration is given: (i) for the referral of services for which\\npayment is made under title eleven of article five of this chapter; or\\n(ii) to purchase, lease or order any good, facility, service or item for\\nwhich payment is made under title eleven of article five of this\\nchapter;\\n (c) as used in this section \"person\" shall have the meaning set\\nforth in subdivision seven of section 10.00 of the penal law.\\n (d) this subdivision shall not apply to any activity specifically\\nexempt by federal statute or federal regulations promulgated thereunder.\\n 3. Any medical assistance provider who violates the provisions of this\\nsection is guilty of a misdemeanor punishable by:\\n (a) a term of imprisonment in accordance with the penal law; or\\n (b) a fine of not less than five hundred dollars nor more than ten\\nthousand dollars; or\\n (c) if the defendant has obtained money or property through a\\nviolation of the provisions of this section, a fine in an amount, fixed\\nby the court, not to exceed double the amount of the defendant's gain\\nfrom a violation of such provisions. In such event, the provisions of\\nsubdivision three of section 80.00 of the penal law shall be applicable\\nto the sentence; or\\n (d) both the imprisonment and the fine.\\n 4. Any medical assistance provider who violates the provisions of this\\nsection and thereby obtains money or property having a value in excess\\nof seven thousand five hundred dollars shall be guilty of a class E\\nfelony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-E", "title" : "Certified home health agency medicare billing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "366-E", "activeDate" : "2014-09-22", "sequenceNo" : 400, "repealedDate" : null, "fromSection" : "366-E", "toSection" : "366-E", "text" : " § 366-e. Certified home health agency medicare billing. (a) Certified\\nhome health agencies shall bill under title XVIII of the federal social\\nsecurity act for services provided to all patients eligible for such\\nprogram who, as defined by federal law and regulations, are: (i)\\nhomebound; (ii) receiving skilled services; and (iii) are receiving such\\nservices on an intermittent basis. The department, in consultation with\\nthe department of health and representatives of certified home health\\nagencies with demonstrated ability to maximize medicare revenue, may\\npromulgate regulations to implement this subdivision. Nothing contained\\nherein shall be construed to prohibit agencies from billing for medical\\nassistance reimbursement for eligible services provided to such patients\\nwhich are not covered under title XVIII of the federal social security\\nact meeting the standards established by the department pursuant to this\\nsection. Patient cases that meet the criteria established pursuant to\\nthis subdivision, where coverage has been denied under title XVIII of\\nthe federal social security act for the cost of care provided by a\\ncertified home health agency shall be referred by such agency to an\\norganization pursuant to subdivision (b) of this section.\\n (b) The commissioner shall enter into agreements with persons or\\nentities to provide for representation of persons meeting the criteria\\nspecified in subdivision (a) of this section who have been denied\\nreimbursement, under title XVIII of the federal social security act, for\\nservices provided by a certified home health agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-F", "title" : "Persons acting in concert with a medical assistance provider; prohibited practices", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "366-F", "activeDate" : "2014-09-22", "sequenceNo" : 401, "repealedDate" : null, "fromSection" : "366-F", "toSection" : "366-F", "text" : " § 366-f. Persons acting in concert with a medical assistance provider;\\nprohibited practices.\\n 1. No person acting in concert with a medical assistance provider\\nshall, with intent to defraud:\\n (a) solicit, receive, accept or agree to receive or accept any payment\\nor other consideration in any form from another person to the extent\\nsuch payment or other consideration is given (i) for the referral of\\nservices for which payment is made under this title or (ii) to purchase,\\nlease or order any good, facility, service or item for which payment is\\nmade under this title; or\\n (b) offer, agree to give or give any payment or other consideration in\\nany form to another person to the extent such payment or other\\nconsideration is given (i) for the referral of services for which\\npayment is made under this title; or (ii) to purchase, lease or order\\nany good, facility, service or item for which payment is made under this\\ntitle;\\n (c) this subdivision shall not apply to any activity specifically\\nexempt by federal statute or federal regulations promulgated thereunder.\\n 2. As used in this section, \"person\" shall have the meaning set forth\\nin subdivision seven of section 10.00 of the penal law.\\n 3. A violation of the provisions of this section is a misdemeanor\\npunishable by:\\n (a) a term of imprisonment in accordance with the penal law; or\\n (b) a fine of not more than ten thousand dollars; or\\n (c) if the defendant has obtained money or property through a\\nviolation of the provisions of this section, a fine in an amount, fixed\\nby the court, not to exceed double the amount of the defendant's gain\\nfrom a violation of such provisions. In such event, the provisions of\\nsubdivision three of section 80.00 of the penal law shall be applicable\\nto the sentence; or\\n (d) both the imprisonment and the fine.\\n 4. Any such person who violates the provisions of this section and\\nthereby obtains money or property having a value in excess of seven\\nthousand five hundred dollars shall be guilty of a class E felony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-G", "title" : "Newborn enrollment for medical assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "366-G", "activeDate" : "2014-09-22", "sequenceNo" : 402, "repealedDate" : null, "fromSection" : "366-G", "toSection" : "366-G", "text" : " § 366-g. Newborn enrollment for medical assistance. 1. Each hospital\\nlicensed under article twenty-eight of the public health law shall\\nreport to the department of health, or such other entity designated by\\nthe department of health, in such format as the department of health\\nshall provide, each live birth of a child to a woman receiving medical\\nassistance on the date of the birth. Such reports shall be made within\\nfive business days of the birth and shall include data identifying the\\nmother and child.\\n 2. Each hospital licensed under article twenty-eight of the public\\nhealth law, upon discharge after delivery of a child, shall notify, in\\nplain language and in such manner as the department of health shall\\nprovide, each mother in receipt of medical assistance that such child is\\ndeemed to be enrolled in the medical assistance program regardless of\\nhis or her receipt of a medical assistance identification card or client\\nidentification number or other proof of the child's eligibility, and may\\naccess care, services and supplies in accordance with this title and\\nother applicable laws.\\n 3. The commissioner of health shall establish a procedure to ensure\\nthat every child born to a mother who is receiving medical assistance on\\nthe date of the child's birth is automatically enrolled in the medical\\nassistance program, assigned a client identification number, and issued\\nan active medical assistance identification card, as soon as possible,\\nbut in no event later than ten business days from the receipt of the\\nreport required pursuant to subdivision one of this section.\\n 4. (a) Consistent with the provisions of section three hundred\\nsixty-six of this title, a child under the age of one year whose mother\\nis receiving medical assistance, or whose mother was receiving medical\\nassistance on the date of the child's birth, who is presented to a\\nmedical assistance provider, as defined in section three hundred\\nsixty-six-d of this title, for care, shall be deemed to be enrolled in\\nthe medical assistance program regardless of the issuance of a medical\\nassistance identification card or client identification number to such\\nchild or other proof of the child's eligibility.\\n (b) A medical assistance provider that furnishes medical assistance as\\ndefined in section three hundred sixty-five-a of this title, to a child\\ndescribed in paragraph (a) of this subdivision shall be eligible for\\nmedical assistance reimbursement for such assistance regardless of\\nwhether the child has been issued a medical assistance identification\\ncard, client identification number or other proof of eligibility.\\nReimbursement under this section shall be in accordance with the\\nprovisions of this title, including, as appropriate, section 364-j of\\nthis title and all other applicable laws, rules, regulations and\\nadministrative directions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-H", "title" : "Automated system; established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "366-H", "activeDate" : "2017-08-04", "sequenceNo" : 403, "repealedDate" : null, "fromSection" : "366-H", "toSection" : "366-H", "text" : " § 366-h. Automated system; established. Notwithstanding any\\ninconsistent provision of law or regulation, the commissioner of health\\nshall, as soon as practicable, establish an automated system to ensure\\nthat persons who meet the criteria for receipt of medical assistance\\nbenefits under paragraph (a) or (c) of subdivision four of section three\\nhundred sixty-six of this title shall remain enrolled in the medical\\nassistance program without interruption and receive the benefits set\\nforth according to paragraph (a) or (c) of subdivision four of section\\nthree hundred sixty-six of this title. Pending implementation of such\\nautomated system, such commissioner shall, in consultation with the\\noffice of temporary and disability assistance, undertake and continue\\nefforts to educate local departments of social services about the\\nmeasures they must take to ensure that medical assistance benefits are\\nprovided to persons eligible for such benefits under subdivision four of\\nsection three hundred sixty-six of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "366-I", "title" : "Long-term care financing demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "366-I", "activeDate" : "2014-09-22", "sequenceNo" : 404, "repealedDate" : null, "fromSection" : "366-I", "toSection" : "366-I", "text" : " § 366-i. Long-term care financing demonstration program. 1.\\nNotwithstanding any inconsistent provision of sections three hundred\\nsixty-six or three hundred sixty-six-c of this title, or any other\\nprovision of law, the commissioner of health is authorized to develop\\nthe long-term care financing demonstration program, an alternative\\nprogram for the establishment of eligibility under the medical\\nassistance program for up to five thousand persons.\\n 2. The provisions of this section shall not take effect unless all\\nnecessary approvals under federal law and regulation have been obtained\\nto receive federal financial participation in the costs of health care\\nservices provided to persons determined to be eligible for medical\\nassistance pursuant to this section.\\n 3. Defined private contribution. Upon being determined eligible for\\nthe demonstration, a person shall disclose his or her household's\\nresources and income to the local social services district, or an entity\\nacting on behalf of such district pursuant to subdivision five of this\\nsection, and shall enter into an agreement with such district or entity.\\nThe agreement shall require the person to apply a defined private\\ncontribution toward the cost of institutional or non-institutional\\nlong-term care, as defined by the commissioner in regulations. Such\\nregulations shall provide for two levels of contribution: (a) a level\\nthat would permit a full medical assistance resource exemption pursuant\\nto paragraph (a) of subdivision four of this section; and (b) a level or\\nlevels that would permit a medical assistance resource exemption that is\\nequivalent to the value of the contribution pursuant to paragraph (b) of\\nsubdivision four of this section.\\n 4. Medical assistance eligibility. Upon completion of the defined\\nprivate contribution required by such agreement, the person may apply\\nfor medical assistance under this title and, if otherwise eligible,\\nshall be eligible for such assistance either: (a) in the case of an\\nindividual who opts for a contribution level under paragraph (a) of\\nsubdivision three of this section, without regard to otherwise\\napplicable resource requirements of this title; or (b) in the case of an\\nindividual who opts for a contribution level under paragraph (b) of\\nsubdivision three of this section, without regard to an amount of\\nresources that is equivalent to the value of the contribution. In either\\ncase, eligibility for medical assistance under this title shall, with\\nrespect to the amount of resources that are exempt from consideration\\nunder this subdivision, be without regard to the lien and estate\\nrecovery provisions of section three hundred sixty-nine of this title;\\nprovided, however, that nothing herein shall prevent the imposition of a\\nlien or recovery against property of an individual on account of medical\\nassistance incorrectly paid.\\n 5. The commissioner is authorized to enter into a contract with a\\nprivate entity to assist in the administration of the demonstration\\nprogram established by this section. Such a contract may include,\\nwithout limitation, assistance in the development of the criteria for\\nthe defined private contribution, drafting of the defined contribution\\nagreement, accepting and processing applications for demonstration\\nparticipation under this section, and accepting and processing\\napplications for medical assistance for demonstration participants.\\nNotwithstanding any inconsistent provision of sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, or section\\none hundred forty-two of the economic development law, or any other law,\\nthe commissioner is authorized to enter into a contract under this\\nsubdivision without a competitive bid or request for proposal process.\\n 6. If the commissioner exercises his or her authority to implement a\\ndemonstration program under this section he or she shall submit a report\\nto the governor, president pro tem of the senate and speaker of the\\nassembly by the first day of November, two thousand fifteen, on the\\nimplementation of this section. Such report shall include a statement as\\nto the extent to which individuals have opted to participate in the\\ndemonstration, an analysis of the impact of the demonstration on medical\\nassistance program long-term care costs, any recommendations for\\nlegislative action, and such other matters as may be pertinent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367", "title" : "Authorization for hospital care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367", "activeDate" : "2014-09-22", "sequenceNo" : 405, "repealedDate" : null, "fromSection" : "367", "toSection" : "367", "text" : " § 367. Authorization for hospital care. 1. Except as permitted by\\nthe regulations of the department, so far as practicable, no patient\\nshall be admitted to a hospital as a public charge under this title or\\nthis chapter without the prior authorization of the social services\\nofficial responsible for authorizing such care. If a patient is\\nadmitted without prior authorization of the appropriate social services\\nofficial and the hospital has reason to believe that the patient will be\\nunable to pay for his care, and is or may be eligible for care under\\nthis title or this chapter, it may send a notice containing a report of\\nthe facts of the case to such social services official who shall\\npromptly advise the patient or his representative of his right to apply\\nfor medical assistance and, if eligible, to have the cost of his care\\npaid for under this chapter. If the identity of the social services\\nofficial responsible for authorizing such care is not known by the\\nhospital, such notice shall be sent to the commissioner of the social\\nservices district in which the hospital is located who shall make an\\ninvestigation to determine which social services district may be\\nresponsible for authorizing such care and appropriately notify such\\ndistrict, which shall advise such patient or his representative of his\\nright to apply, and if eligible to have the cost of his care paid for\\nunder this chapter. The cost of care of an eligible patient shall be a\\ncharge against a social services district only when authorized by the\\ncommissioner of social services of such district, which authorization\\nshall not be withheld from any patient eligible for such care pursuant\\nto this title and the regulations of the department.\\n 2. Notwithstanding any inconsistent provision of law, the social\\nservices official responsible for authorizing hospital or health related\\nservices shall withhold payment for such services upon the certification\\nof the commissioner of health that payment for such care is unauthorized\\nunder the medical assistance program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-A", "title" : "Payments; insurance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2015-05-01", "2015-07-03", "2015-11-20", "2016-01-22", "2016-04-22", "2016-07-01", "2016-07-08", "2016-08-19", "2017-04-28", "2017-07-07", "2018-04-20", "2019-12-20", "2020-04-17", "2022-04-22", "2022-07-29", "2023-01-06", "2023-01-20", "2023-03-31", "2023-05-12", "2024-01-05", "2024-05-03", "2024-08-02", "2024-10-04", "2024-12-20", "2025-02-21", "2025-02-28", "2025-05-16", "2026-04-03", "2026-05-29", "2026-06-05" ], "docLevelId" : "367-A", "activeDate" : "2023-05-12", "sequenceNo" : 406, "repealedDate" : null, "fromSection" : "367-A", "toSection" : "367-A", "text" : " § 367-a. Payments; insurance. 1. (a) Any inconsistent provision of\\nthis chapter or other law notwithstanding, no assignment of the claim of\\nany supplier of medical assistance shall be valid and enforceable as\\nagainst any social services district or the department, and any payment\\nwith respect to any medical assistance shall be made to the person,\\ninstitution, state department or agency or municipality supplying such\\nmedical assistance at rates established by the appropriate social\\nservices district and contained in its approved local medical plan,\\nexcept as otherwise permitted or required by applicable federal and\\nstate provisions, including the regulations of the department; provided,\\nhowever, that for those districts for whom the department has assumed\\npayment responsibilities pursuant to section three hundred sixty-seven-b\\nof this chapter, rates shall be established by the department, except as\\notherwise required by applicable provisions of federal or state law. A\\nsocial services official may apply to the department for local\\nvariations in rates to be applicable, upon approval by the department,\\nto recipients for whom such district is responsible. Claims for payment\\nshall be made in such form and manner as the department shall determine.\\n (b) Where an applicant for or recipient of public assistance or\\nmedical assistance has health insurance in force, is enrolled in a group\\nhealth insurance plan or group health plan covering care and other\\nmedical benefits provided under this title, payment or part-payment of\\nthe premium, co-insurance, any deductible amounts and other cost-sharing\\nobligations for such insurance may also be made when deemed\\ncost-effective pursuant to the regulations of the department.\\n (c) Any inconsistent provisions of this title or other law\\nnotwithstanding and to the extent that federal financial participation\\nis available therefor and in accordance with the regulations of the\\ncommissioner, payment of the premium for coverage under a group health\\ninsurance plan or group health plan may be made under the medical\\nassistance program on behalf of a person not otherwise entitled to\\npublic assistance or medical assistance if the social services official\\ndetermines that the savings in expenditures to the program as a result\\nof such coverage are likely to exceed the amount of the premiums paid\\nand such person has:\\n (i) income (as determined in accordance with the methodology used to\\ndetermine eligibility for benefits under the federal supplemental\\nsecurity income program) in an amount less than or equal to one hundred\\nper cent of the federal income official poverty line (as defined and\\nannually revised by the federal office of management and budget)\\napplicable to the person's family size;\\n (ii) resources (as determined in accordance with the methodology used\\nto determine eligibility for benefits under the federal supplemental\\nsecurity income program) less than or equal to twice the maximum amount\\nan individual is permitted to have to obtain benefits under the federal\\nsupplemental security income program; and\\n (iii) coverage available under a group health insurance plan or an\\nemployer-based group health plan provided pursuant to title XXII of the\\nfederal public health services act, section 4980B of the federal\\ninternal revenue code of 1986, or title VI of the employee retirement\\nincome security act of 1974.\\n (d) (i) Amounts payable under this title for medical assistance for\\nitems and services provided to eligible persons who are also\\nbeneficiaries under part A of title XVIII of the federal social security\\nact and items and services provided to qualified medicare beneficiaries\\nunder part A of title XVIII of the federal social security act shall not\\nbe less than the amount of any deductible and co-insurance liability of\\nsuch eligible persons or for which such eligible persons or such\\nqualified medicare beneficiaries would be liable under federal law were\\nthey not eligible for medical assistance or were they not qualified\\nmedicare beneficiaries with respect to such benefits under such part A.\\n (ii) Amounts payable under this title for medical assistance for items\\nand services provided to eligible persons who are also beneficiaries\\nunder part B of title XVIII of the federal social security act and items\\nand services provided to qualified medicare beneficiaries under part B\\nof title XVIII of the federal social security act shall not be less than\\nthe amount of any deductible liability of such eligible persons or for\\nwhich such eligible persons or such qualified medicare beneficiaries\\nwould be liable under federal law were they not eligible for medical\\nassistance or were they not qualified medicare beneficiaries with\\nrespect to such benefits under such part B.\\n (iii) With respect to items and services provided to eligible persons\\nwho are also beneficiaries under part B of title XVIII of the federal\\nsocial security act and items and services provided to qualified\\nmedicare beneficiaries under part B of title XVIII of the federal social\\nsecurity act, the amount payable for services covered under this title\\nshall be the amount of any co-insurance liability of such eligible\\npersons pursuant to federal law were they not eligible for medical\\nassistance or were they not qualified medicare beneficiaries with\\nrespect to such benefits under such part B, but shall not exceed the\\namount that otherwise would be made under this title if provided to an\\neligible person other than a person who is also a beneficiary under part\\nB or is a qualified medicare beneficiary minus the amount payable under\\npart B; provided, however, amounts payable under this title for items\\nand services provided to eligible persons who are also beneficiaries\\nunder part B or to qualified medicare beneficiaries by an ambulance\\nservice under the authority of an operating certificate issued pursuant\\nto article thirty of the public health law, a psychologist licensed\\nunder article one hundred fifty-three of the education law, or a\\nfacility under the authority of an operating certificate issued pursuant\\nto article sixteen, thirty-one or thirty-two of the mental hygiene law\\nand with respect to outpatient hospital and clinic items and services\\nprovided by a facility under the authority of an operating certificate\\nissued pursuant to article twenty-eight of the public health law, shall\\nnot be less than the amount of any co-insurance liability of such\\neligible persons or such qualified medicare beneficiaries, or for which\\nsuch eligible persons or such qualified medicare beneficiaries would be\\nliable under federal law were they not eligible for medical assistance\\nor were they not qualified medicare beneficiaries with respect to such\\nbenefits under part B.\\n (iv) If a health plan participating in part C of title XVIII of the\\nfederal social security act pays for items and services provided to\\neligible persons who are also beneficiaries under part B of title XVIII\\nof the federal social security act or to qualified medicare\\nbeneficiaries, the amount payable for services under this title shall be\\neighty-five percent of the amount of any co-insurance liability of such\\neligible persons pursuant to federal law if they were not eligible for\\nmedical assistance or were not qualified medicare beneficiaries with\\nrespect to such benefits under such part B; provided, however, amounts\\npayable under this title for items and services provided to eligible\\npersons who are also beneficiaries under part B or to qualified medicare\\nbeneficiaries by an ambulance service under the authority of an\\noperating certificate issued pursuant to article thirty of the public\\nhealth law, or a psychologist licensed under article one hundred\\nfifty-three of the education law, shall not be less than the amount of\\nany co-insurance liability of such eligible persons or such qualified\\nmedicare beneficiaries, or for which such eligible persons or such\\nqualified medicare beneficiaries would be liable under federal law were\\nthey not eligible for medical assistance or were they not qualified\\nmedicare beneficiaries with respect to such benefits under part B.\\n (e) Amounts payable under this title for medical assistance in the\\nform of clinic services pursuant to article twenty-eight of the public\\nhealth law, article sixteen of the mental hygiene law and independent\\npractitioner services for individuals with developmental disabilities\\nprovided to eligible persons diagnosed with a developmental disability\\nwho are also beneficiaries under part B of title XVIII of the federal\\nsocial security act, or provided to persons diagnosed with a\\ndevelopmental disability who are qualified medicare beneficiaries under\\npart B of title XVIII of such act shall not be less than the approved\\nmedical assistance payment level less the amount payable under part B.\\n (f) Amounts payable under this title for medical assistance in the\\nform of outpatient mental health services under article thirty-one or\\noutpatient chemical dependence services including opioid treatment\\nservices under article thirty-two of the mental hygiene law provided to\\neligible persons who are also beneficiaries under part B of title XVIII\\nof the federal social security act or provided to qualified medicare\\nbeneficiaries under part B of title XVIII of such act shall not be less\\nthan the approved medical assistance payment level less the amount\\npayable under part B.\\n (g) Notwithstanding any provision of this section to the contrary,\\namounts payable under this title for medical assistance in the form of\\nhospital outpatient services or diagnostic and treatment center services\\npursuant to article twenty-eight of the public health law provided to\\neligible persons who are also beneficiaries under part B of title XVIII\\nof the federal social security act or provided to qualified medicare\\nbeneficiaries under part B of title XVIII of such act shall not exceed\\nthe approved medical assistance payment level less the amount payable\\nunder part B.\\n (h) Amounts payable under this title for medical assistance in the\\nform of freestanding clinic services pursuant to article twenty-eight of\\nthe public health law provided to eligible persons participating in the\\nNew York traumatic brain injury waiver program who are also\\nbeneficiaries under part B of title XVIII of the federal social security\\nact or who are qualified medicare beneficiaries under part B of title\\nXVIII of such act shall not be less than the approved medical assistance\\npayment level less the amount payable under part B.\\n 2. (a) Any inconsistent provision of this chapter notwithstanding,\\nprovision for medical care and other medical benefits available under\\nthis title may be made, in whole or in part, either under this title or\\nother appropriate provisions of this chapter, through insurance or other\\nprepaid plans, in accordance with the regulations of the department.\\n (b) Any inconsistent provision of this chapter or other law\\nnotwithstanding, upon furnishing assistance under this title to any\\napplicant or recipient of medical assistance, the local social services\\ndistrict or the department shall be subrogated, to the extent of the\\nexpenditures by such district or department for medical care furnished,\\nto any rights such person may have to medical support or reimbursement\\nfrom liable third parties, including but not limited to health insurers,\\nself-insured plans, group health plans, service benefit plans, managed\\ncare organizations, pharmacy benefit managers, or other parties that\\nare, by statute, contract, or agreement, legally responsible for payment\\nof a claim for a health care item or service. For purposes of this\\nsection, the term medical support shall mean the right to support\\nspecified as support for the purpose of medical care by a court or\\nadministrative order. The right of subrogation does not attach to\\ninsurance benefits paid or provided under any health insurance policy\\nprior to the receipt of written notice of the exercise of subrogation\\nrights by the carrier issuing such insurance, nor shall such right of\\nsubrogation attach to any benefits which may be claimed by a social\\nservices official or the department, by agreement or other established\\nprocedure, directly from an insurance carrier. No right of subrogation\\nto insurance benefits available under any health insurance policy shall\\nbe enforceable unless written notice of the exercise of such subrogation\\nright is received by the carrier within three years from the date\\nservices for which benefits are provided under the policy or contract\\nare rendered. Liable third parties shall not deny a claim made by a\\nsocial services official or the department in conformance with this\\nparagraph solely on the basis of the date of submission of the claim,\\nthe type or format of the claim form, a failure to obtain prior\\nauthorization, or a failure to present proper documentation at the\\npoint-of-sale that is the basis of the claim. Liable third parties shall\\nrespond to a request for payment within sixty calendar days after\\nreceipt of written proof of loss or claim for payment for health care\\nservices provided to a recipient of Medicaid who is covered by the third\\nparty and shall not charge a fee to process or adjudicate a claim. The\\nlocal social services district or the department shall also notify the\\ncarrier when the exercise of subrogation rights has terminated because a\\nperson is no longer receiving assistance under this title. Such carrier\\nshall establish mechanisms to maintain the confidentiality of all\\nindividually identifiable information or records. Such carrier shall\\nlimit the use of such information or record to the specific purpose for\\nwhich such disclosure is made, and shall not further disclose such\\ninformation or records.\\n (c) In accordance with regulations of the department and to the extent\\nauthorized by federal law and regulation, the social services district\\nis authorized to retain, in addition to amounts retained as repayment\\nfor its share of the costs of medical assistance provided, a portion of\\nthe federal share of the amount collected as medical support or third\\nparty benefits assigned under paragraph (f) of subdivision four of\\nsection three hundred sixty-six of this article, when such district, or\\nother governmental agency pursuant to an agreement with such district,\\nhas collected such medical support or third party benefits on behalf of\\na person receiving medical assistance whose rights to medical support or\\nthird party benefits have been assigned to the state or to the\\nappropriate social services official. Where more than one district has\\nbeen involved in enforcing or collecting such amounts, the federal\\nincentive shall be apportioned among each such district in accordance\\nwith the regulations of the department.\\n * 3. (a) Payment of premiums for enrolling qualified disabled and\\nworking individuals and qualified medicare beneficiaries under Part A of\\ntitle XVIII of the federal social security act and for enrolling such\\nbeneficiaries and eligible recipients of public assistance under part B\\nof title XVIII of the federal social security act, together with the\\ncosts of the applicable co-insurance and deductible amounts on behalf of\\nsuch beneficiaries, and recipients, and premiums under section 1839 of\\nthe federal social security act for persons who would be qualified\\nmedicare beneficiaries except that their incomes exceed one hundred\\npercent of the federal income poverty line applicable to the person's\\nfamily size but, in calendar years nineteen hundred ninety-three and\\nnineteen hundred ninety-four, is less than one hundred ten percent of\\nsuch poverty line and, in calendar year beginning in nineteen hundred\\nninety-five, is less than one hundred twenty percent of such poverty\\nline shall be made and the cost thereof borne by the state or by the\\nstate and social services districts, respectively, in accordance with\\nthe regulations of the department, provided, however, that the share of\\nthe cost to be borne by a social services district, if any, shall in no\\nevent exceed the proportionate share borne by such district with respect\\nto other expenditures under this title. Moreover, if the director of the\\nbudget approves, payment of premiums for enrolling persons who have been\\ndetermined to be eligible for medical assistance only may be made and\\nthe cost thereof borne or shared pursuant to this subdivision.\\n (b) (1) For purposes of this subdivision, \"qualified medicare\\nbeneficiaries\" are those persons who are entitled to hospital insurance\\nbenefits under part A of title XVIII of the federal social security act,\\nwhose income does not exceed one hundred percent of the official federal\\npoverty line applicable to the person's family size and whose resources\\ndo not exceed twice the maximum amount of resources a person may have in\\norder to qualify for benefits under the federal supplemental security\\nincome program of title XVI of the federal social security act, as\\ndetermined for purposes of such program.\\n (2) Notwithstanding any provision of subparagraph one of this\\nparagraph to the contrary, to the extent that federal financial\\nparticipation is available, a person whose resources are in excess of\\nthe amount specified but otherwise meets the requirements of\\nsubparagraph one of this paragraph shall be considered a \"qualified\\nmedicare beneficiary\" for the purposes of this subdivision. The\\ncommissioner is authorized to submit amendments to the state plan for\\nmedical assistance and/or submit one or more applications for waivers of\\nthe federal social security act, to obtain the federal approvals\\nnecessary to implement this subparagraph.\\n (c) (1) For purposes of this subdivision, \"qualified disabled and\\nworking individuals\" are individuals who are not otherwise eligible for\\nmedical assistance and:\\n (i) who are entitled to enroll for hospital insurance benefits under\\nsection 1818A of part A of title XVIII of the federal social security\\nact;\\n (ii) whose income does not exceed two hundred percent of the official\\nfederal poverty line applicable to the person's family size; and\\n (iii) whose resources do not exceed twice the maximum amount of\\nresources that an individual or a couple, in the case of a married\\nindividual, may have and obtain federal supplemental security income\\nbenefits under title XVI of the federal social security act, as\\ndetermined for purposes of that program.\\n (2) For purposes of this paragraph, income and resources are\\ndetermined by the same methodology as is used for determining\\neligibility under the federal supplemental security income benefits\\nunder title XVI of the federal social security act.\\n (d) (1) Beginning April first, two thousand two and to the extent that\\nfederal financial participation is available at a one hundred percent\\nfederal Medical assistance percentage and subject to sections 1933 and\\n1902(a)(10)(E)(iv) of the federal social security act, medical\\nassistance shall be available for full payment of medicare part B\\npremiums for individuals (referred to as qualified individuals 1) who\\nare entitled to hospital insurance benefits under part A of title XVIII\\nof the federal social security act and whose income exceeds the income\\nlevel established by the state and is at least one hundred twenty\\npercent, but less than one hundred thirty-five percent, of the federal\\npoverty level, for a family of the size involved and who are not\\notherwise eligible for medical assistance under the state plan;\\n (2) Premium payments for the individuals described in subparagraph one\\nof this paragraph will be one hundred percent federally funded up to the\\namount of the federal allotment. The department shall discontinue\\nenrollment into the program when the part B premium payments made\\npursuant to subparagraph one of this paragraph meet the yearly federal\\nallotment.\\n (3) The commissioner of health shall develop a simplified application\\nform, consistent with federal law, for payments pursuant to this\\nsection. The commissioner of health, in cooperation with the office for\\nthe aging, shall publicize the availability of such payments to medicare\\nbeneficiaries.\\n (e) (1) Payment of premiums for enrolling individuals in qualified\\nhealth plans offered through a health insurance exchange established\\npursuant to the federal Patient Protection and Affordable Care Act (P.L.\\n111-148), as amended by the federal Health Care and Education\\nReconciliation Act of 2010 (P.L. 111-152), shall be available to\\nindividuals who:\\n (i) immediately prior to being enrolled in the qualified health plan,\\nwere or would have been eligible under the family health plus program as\\na parent or stepparent of a child under the age of twenty-one, and whose\\nMAGI household income, as defined in subparagraph eight of paragraph (a)\\nof subdivision one of section three hundred sixty-six of this title,\\nexceeds one hundred thirty-three percent of the federal poverty line for\\nthe applicable family size;\\n (ii) are not otherwise eligible for medical assistance under this\\ntitle; and\\n (iii) are enrolled in a standard health plan in the silver level, as\\ndefined in 42 U.S.C. 18022.\\n (2) Payment pursuant to this paragraph shall be for premium\\nobligations of the individual under the qualified health plan and shall\\ncontinue only if and for so long as the individual's MAGI household\\nincome exceeds one hundred thirty-three percent, but does not exceed one\\nhundred fifty percent, of the federal poverty line for the applicable\\nfamily size, or, if earlier, until the individual is eligible for\\nenrollment in a standard health plan pursuant to section three hundred\\nsixty-nine-gg of this article.\\n (3) The commissioner of health shall submit amendments to the state\\nplan for medical assistance and/or submit one or more applications for\\nwaivers of the federal social security act as may be necessary to\\nreceive federal financial participation in the costs of payments made\\npursuant to this paragraph; provided further, however, that nothing in\\nthis subparagraph shall be deemed to affect payments for premiums\\npursuant to this paragraph if federal financial participation in the\\ncosts of such payments is not available.\\n * NB Effective until January 1, 2023 subject to federal financial\\nparticipation\\n * 3. (a) As used in this subdivision, the following terms shall have\\nthe following meanings:\\n (1) \"Qualified medicare beneficiary\" means a person who is entitled to\\nhospital insurance benefits under part A of title XVIII of the federal\\nsocial security act, whose income does not exceed one hundred\\nthirty-eight percent of the official federal poverty line applicable to\\nthe person's family size and whose resources do not exceed twice the\\nmaximum amount of resources a person may have in order to qualify for\\nbenefits under the federal supplemental security income program of title\\nXVI of the federal social security act, as determined for purposes of\\nsuch program. To the extent that federal financial participation is\\navailable, a person whose resources are in excess of the amount\\nspecified in this subparagraph but otherwise meets the requirements\\nshall be considered a \"qualified medicare beneficiary\".\\n (2) \"Qualified individual\" means a person who is entitled to hospital\\ninsurance benefits under part A of title XVIII of the federal social\\nsecurity act and whose income is greater than one hundred thirty-eight\\npercent, but less than or equal to one hundred eighty-six percent, of\\nthe federal poverty line, for the applicable family size, and who is not\\notherwise eligible for medical assistance under this article; referred\\nto as a qualified individual.\\n (3) \"Qualified disabled and working individual\" means an individual\\nwho is not otherwise eligible for medical assistance and:\\n (i) who is entitled to enroll for hospital insurance benefits under\\nsection 1818A of part A of title XVIII of the federal social security\\nact;\\n (ii) whose income does not exceed two hundred percent of the official\\nfederal poverty line applicable to the person's family size; and\\n (iii) whose resources do not exceed twice the maximum amount of\\nresources that an individual or a couple, in the case of a married\\nindividual, may have and obtain federal supplemental security income\\nbenefits under title XVI of the federal social security act, as\\ndetermined for purposes of that program.\\n For purposes of this subparagraph, income and resources are determined\\nby the same methodology as is used for determining eligibility under the\\nfederal supplemental security income benefits under title XVI of the\\nfederal social security act.\\n (b) Payment of premiums for enrolling qualified disabled and working\\nindividuals and qualified medicare beneficiaries under Part A of title\\nXVIII of the federal social security act and for enrolling such\\nbeneficiaries and eligible recipients of public assistance under part B\\nof title XVIII of the federal social security act, together with the\\ncosts of the applicable co-insurance and deductible amounts on behalf of\\nsuch beneficiaries, and recipients, and premiums under section 1839 of\\nthe federal social security act shall be made and the cost thereof borne\\nby the state or by the state and social services districts,\\nrespectively, in accordance with the regulations of the department,\\nprovided, however, that the share of the cost to be borne by a social\\nservices district, if any, shall in no event exceed the proportionate\\nshare borne by such district with respect to other expenditures under\\nthis title. Moreover, if the director of the budget approves, payment of\\npremiums for enrolling persons who have been determined to be eligible\\nfor medical assistance only may be made and the cost thereof borne or\\nshared pursuant to this subdivision.\\n (c) (1) Beginning April first, two thousand two and to the extent that\\nfederal financial participation is available at a one hundred percent\\nfederal Medical assistance percentage and subject to sections 1933 and\\n1902(a)(10)(E)(iv) of the federal social security act, medical\\nassistance shall be available for full payment of medicare part B\\npremiums for qualified individuals.\\n (2) Premium payments for the individuals described in subparagraph one\\nof this paragraph will be one hundred percent federally funded up to the\\namount of the federal allotment. The department shall discontinue\\nenrollment into the program when the part B premium payments made\\npursuant to subparagraph one of this paragraph meet the yearly federal\\nallotment.\\n (3) The commissioner of health shall develop a simplified application\\nform, consistent with federal law, for payments pursuant to this\\nsection. The commissioner of health, in cooperation with the office for\\nthe aging, shall publicize the availability of such payments to medicare\\nbeneficiaries.\\n (d) (1) Payment of premiums for enrolling individuals in qualified\\nhealth plans offered through a health insurance exchange established\\npursuant to the federal Patient Protection and Affordable Care Act (P.L.\\n111-148), as amended by the federal Health Care and Education\\nReconciliation Act of 2010 (P.L. 111-152), shall be available to\\nindividuals who:\\n (i) immediately prior to being enrolled in the qualified health plan,\\nwere or would have been eligible under the family health plus program as\\na parent or stepparent of a child under the age of twenty-one, and whose\\nMAGI household income, as defined in subparagraph eight of paragraph (a)\\nof subdivision one of section three hundred sixty-six of this title,\\nexceeds one hundred thirty-three percent of the federal poverty line for\\nthe applicable family size;\\n (ii) are not otherwise eligible for medical assistance under this\\ntitle; and\\n (iii) are enrolled in a standard health plan in the silver level, as\\ndefined in 42 U.S.C. 18022.\\n (2) Payment pursuant to this paragraph shall be for premium\\nobligations of the individual under the qualified health plan and shall\\ncontinue only if and for so long as the individual's MAGI household\\nincome exceeds one hundred thirty-three percent, but does not exceed one\\nhundred fifty percent, of the federal poverty line for the applicable\\nfamily size, or, if earlier, until the individual is eligible for\\nenrollment in a standard health plan pursuant to section three hundred\\nsixty-nine-gg of this article.\\n (3) The commissioner of health shall submit amendments to the state\\nplan for medical assistance and/or submit one or more applications for\\nwaivers of the federal social security act as may be necessary to\\nreceive federal financial participation in the costs of payments made\\npursuant to this paragraph; provided further, however, that nothing in\\nthis subparagraph shall be deemed to affect payments for premiums\\npursuant to this paragraph if federal financial participation in the\\ncosts of such payments is not available.\\n * NB Effective January 1, 2023 subject to federal financial\\nparticipation\\n 4. No social services district shall make final payments pursuant to\\ntitle XIX of the federal social security act for benefits available\\nunder title XVIII of such act without documentation that title XVIII\\nclaims have been filed and denied.\\n 5. (a) When medical care, services and supplies are furnished an\\neligible person on behalf of a social services district under this\\ntitle, such social services district is authorized to utilize any\\nappropriate organization as a fiscal intermediary to audit and make\\npayment for such district's share of the cost of such care, services and\\nsupplies.\\n (b) To carry out the purposes of paragraph (a), the department, on\\nbehalf of itself and any of the social services districts, may enter\\ninto agreements with appropriate organizations to act as fiscal\\nintermediaries.\\n 6. (a) Notwithstanding any inconsistent provision of law, payment for\\nclaims for services as specified in paragraph (d) of this subdivision\\nfurnished to eligible persons under this title, subject to paragraph (b)\\nof this subdivision shall be reduced in accordance with the provisions\\nof paragraph (c) of this subdivision by an amount not to exceed the\\nmaximum amount authorized by federal law and regulations as a co-payment\\namount, which co-payment amount the provider of such services may charge\\nthe recipient, provided, however, no provider may deny such services to\\nan individual eligible for services based on the individual's inability\\nto pay the co-payment amount.\\n (b) Co-payments shall apply to all eligible persons for the services\\ndefined in paragraph (d) of this subdivision with the exception of:\\n (i) individuals under twenty-one years of age;\\n (ii) pregnant women;\\n (iii) individuals who are inpatients in a medical facility who have\\nbeen required to spend all of their income for medical care, except\\ntheir personal needs allowance or residents of community based\\nresidential facilities licensed by the office of mental health or the\\noffice for people with developmental disabilities who have been required\\nto spend all of their income, except their personal needs allowance;\\n (iv) individuals enrolled in health maintenance organizations or other\\nentities which provide comprehensive health services, or other managed\\ncare programs for services covered by such programs, except that such\\npersons, other than persons otherwise exempted from co-payments pursuant\\nto subparagraphs (i), (ii), (iii) and (v) of this paragraph, and other\\nthan those persons enrolled in a managed long term care program, shall\\nbe subject to co-payments as described in subparagraph (v) of paragraph\\n(d) of this subdivision;\\n (v) individuals whose family income is less than one hundred percent\\nof the federal poverty line, as defined in subparagraph four of\\nparagraph (a) of subdivision one of section three hundred sixty-six of\\nthis title, for a family of the same size; and\\n (vi) any other individuals required to be excluded by federal law or\\nregulations.\\n (b-1) The commissioner is authorized to submit any request or\\napplication to the Centers for Medicare and Medicaid Services as may be\\nnecessary to be granted a waiver of the requirement for the department\\nof health to calculate its Medicaid payments to managed care\\norganizations to include cost sharing established under the state plan\\nfor medical assistance for enrollees who are not exempt from cost\\nsharing. In the absence of such a waiver, the commissioner shall adjust\\nMedicaid payments to managed care organizations beginning October first,\\ntwo thousand fifteen or on the date the Centers for Medicare and\\nMedicaid Services commences enforcement of such requirement, whichever\\nis later.\\n * (c) (i) Co-payments charged pursuant to this subdivision for\\nnon-institutional services shall not exceed the following table,\\nprovided, however, that the department may establish standard\\nco-payments for services based upon the average or typical payment for\\nthat service:\\n State's payment Maximum co-payment\\n for the services chargeable to recipient\\n $10 or less $.50\\n $10.01 to $25 $1.00\\n $25.01 to $50 $2.00\\n $50.01 or more $3.00\\n (ii) co-payments charged pursuant to this subdivision for each\\ndischarge for inpatient care shall be twenty-five dollars.\\n (iii) Notwithstanding any other provision of this paragraph,\\nco-payments charged for each generic prescription drug dispensed shall\\nbe one dollar and for each brand name prescription drug dispensed shall\\nbe two dollars and fifty cents; provided, however, that the co-payments\\ncharged for each brand name prescription drug reimbursed pursuant to\\nsubparagraph (ii) of paragraph (a-1) of subdivision four of section\\nthree hundred sixty-five-a of this title shall be one dollar.\\n (iv) When an individual is initially dispensed or prescribed a seven\\nor fewer days supply of an opioid pursuant to paragraph (b) of\\nsubdivision five of section three thousand three hundred thirty-one of\\nthe public health law, and is subsequently dispensed or prescribed an\\nadditional supply of such opioid for the same underlying condition, the\\ntotal co-payment that may be charged to such an individual for the\\ninitial prescription plus all subsequent prescriptions for the same\\nunderlying condition for up to a total of thirty-days supply of such\\nopioid shall not exceed the amount set forth in subparagraph (iii) of\\nthis paragraph.\\n * NB Repealed March 31, 2026\\n (d) Co-payments shall apply to the following services, subject to such\\nexceptions for subcategories of these services as recognized by the\\ncommissioner in regulations, provided in accordance with section three\\nhundred sixty-five-a of this article and the regulations of the\\ndepartment, to the extent permitted by title XIX of the federal social\\nsecurity act:\\n (i) in-patient care in a general hospital, as defined in subdivision\\nten of section twenty-eight hundred one of the public health law;\\n (ii) out-patient hospital and clinic services except for mental health\\nservices, and developmental disability services, alcohol and substance\\nabuse services and methadone maintenance services;\\n (iii) home health services, including services provided under the long\\nterm home health care program, provided however, home health providers\\nshall not require employees providing services in the home to collect\\nthe co-payment amount;\\n (iv) sickroom supplies;\\n (v) drugs, excepting psychotropic drugs and drugs with FDA approved\\nindications for the treatment of tuberculosis as specified by the\\ndepartment and those drugs intended for use by residents of adult care\\nfacilities licensed by the department of health who have been required\\nto spend all of their income, except their personal needs allowance;\\n (vi) clinical laboratory services;\\n (vii) x-rays;\\n (viii) emergency room services provided for non-urgent or\\nnon-emergency medical care, provided however, co-payments shall not be\\nrequired for emergency services or family planning services and\\nsupplies;\\n (e) In the period from January first, nineteen hundred ninety-three to\\nMarch thirty-first, nineteen hundred ninety-three no recipient shall be\\nrequired to pay more than a total of fifty dollars in co-payments\\nrequired by this subdivision for drugs, nor shall reductions in payments\\nas a result of such co-payments exceed fifty dollars for any recipient.\\n (f) (i) In the year commencing April first, nineteen hundred\\nninety-three and for each year thereafter, and ending in the year\\nconcluding on March thirty-first, two thousand five, no recipient shall\\nbe required to pay more than a total of one hundred dollars in\\nco-payments required by this subdivision, nor shall reductions in\\npayments as a result of such co-payments exceed one hundred dollars for\\nany recipient.\\n (ii) In the year commencing April first, two thousand five and for\\neach year thereafter, no recipient shall be required to pay more than a\\ntotal of two hundred dollars in co-payments required by this\\nsubdivision, nor shall reductions in payments as a result of such\\nco-payments exceed two hundred dollars for any recipient.\\n (g) The commissioner shall promptly:\\n (i) promulgate a regulation making it an unacceptable practice under\\nthe medical assistance program for a provider to deny services to an\\nindividual eligible for services based on the individual's inability to\\npay the co-pay amount required by this subdivision;\\n (ii) establish and maintain a toll-free hotline which may be used to\\nreport a violation of the regulation promulgated pursuant to\\nsubparagraph (i) of this paragraph; and\\n (iii) provide notice to all recipients summarizing their rights and\\nobligations under this subdivision.\\n 7. (a) Every manufacturer or wholesaler of drugs, prescriptions or\\npoisons registered under the provisions of section sixty-eight hundred\\neight of the education law, shall, upon request of the department for\\nany information pertaining to wholesale prices charged to pharmacists\\nfor any drugs available under the medical assistance program, make the\\nrequested information available to the department on a monthly basis, or\\nsuch other periodic basis as the department shall request.\\n (b) The department shall provide for financial arrangements with any\\nmanufacturer or wholesaler of drugs, prescriptions or poisons as may be\\nnecessary to reimburse such manufacturer or wholesaler for its actual\\nand necessary costs included in furnishing the requested information.\\n (c) Any information obtained pursuant to the provisions of this\\nsubdivision shall not be made available for public inspection or copying\\nunder the provisions of article six of the public officers law. The\\ndepartment shall not disclose such information to any person, firm,\\ndepartment or agency, except any state agency or department as may be\\nnecessary for the administration of the medical assistance program under\\nthe provisions of this chapter or any other law.\\n (d) Notwithstanding any inconsistent provision of law, if a\\nmanufacturer (as defined under section 1927 of the federal social\\nsecurity act) has entered into a rebate agreement with the department or\\nwith the federal secretary of health and human services on behalf of the\\ndepartment under section 1927 of the federal social security act, the\\ndepartment shall reimburse for covered outpatient drugs which are\\ndispensed under the medical assistance program to all persons in receipt\\nof medical assistance benefits as a result of their eligibility having\\nbeen established under subparagraph one or nine of paragraph (a) of\\nsubdivision one of section three hundred sixty-six of this title, and\\nwhich are dispensed to all persons eligible for health care services as\\na result of their eligibility having been established under subdivision\\ntwo of section three hundred sixty-nine-ee of this article, only\\npursuant to the terms of the rebate agreement between the department and\\nsuch manufacturer; provided, however, that any agreement between the\\ndepartment and a manufacturer entered into before August first, nineteen\\nhundred ninety-one, shall be deemed to have been entered into on April\\nfirst, nineteen hundred ninety-one; and provided further, that if a\\nmanufacturer has not entered into an agreement with the department\\nbefore August first, nineteen hundred ninety-one, such agreement shall\\nnot be effective until April first, nineteen hundred ninety-two, unless\\nsuch agreement provides that rebates will be retroactively calculated as\\nif the agreement had been in effect on April first, nineteen hundred\\nninety-one. The rebate agreement between such manufacturer and the\\ndepartment shall utilize for single source drugs and innovator multiple\\nsource drugs the identical formula used to determine the basic rebate\\nfor federal financial participation single source drugs and innovator\\nmultiple source drugs, pursuant to paragraph one of subdivision (c) of\\nsection 1927 of the federal social security act, to determine the amount\\nof the rebate pursuant to this paragraph. The rebate agreement between\\nsuch manufacturer and the department shall utilize for non-innovator\\nmultiple source drugs the identical formula used to determine the basic\\nrebate for federal financial participation non-innovator multiple source\\ndrugs, pursuant to paragraphs three and four of subdivision (c) of\\nsection 1927 of the federal social security act, to determine the amount\\nof the rebate pursuant to this paragraph. The terms and conditions of\\nsuch rebate agreement with respect to periodic payment of the rebate,\\nprovision of information by the department, audits, manufacturer\\nprovision of information verification of surveys, penalties,\\nconfidentiality of information, and length of the agreement shall apply\\nto drugs of the manufacturer dispensed under the medical assistance\\nprogram to all persons in receipt of medical assistance benefits as a\\nresult of their eligibility having been established under subparagraph\\none or nine of paragraph (a) of subdivision one of section three hundred\\nsixty-six of this title, and which are dispensed to all persons eligible\\nfor health care services as a result of their eligibility having been\\nestablished under subdivision two of section three hundred sixty-nine-ee\\nof this article. The department in providing utilization data to a\\nmanufacturer (as provided for under section 1927.4(b)(1)(A) of the\\nfederal social security act) shall provide such data by zip code, if\\nrequested, for drugs covered under a rebate agreement.\\n * (e) During the period from April first, two thousand fifteen through\\nMarch thirty-first, two thousand twenty-six, the commissioner may, in\\nlieu of a managed care provider or pharmacy benefit manager, negotiate\\ndirectly and enter into an arrangement with a pharmaceutical\\nmanufacturer for the provision of supplemental rebates relating to\\npharmaceutical utilization by enrollees of managed care providers\\npursuant to section three hundred sixty-four-j of this title and may\\nalso negotiate directly and enter into such an agreement relating to\\npharmaceutical utilization by medical assistance recipients not so\\nenrolled. Such rebate arrangements shall be limited to the following:\\nantiretrovirals approved by the FDA for the treatment of HIV/AIDS,\\nopioid dependence agents and opioid antagonists listed in a statewide\\nformulary established pursuant to subparagraph (vii) of this paragraph,\\nhepatitis C agents, high cost drugs as provided for in subparagraph\\n(viii) of this paragraph, gene therapies as provided for in subparagraph\\n(ix) of this paragraph, and any other class or drug designated by the\\ncommissioner for which the pharmaceutical manufacturer has in effect a\\nrebate arrangement with the federal secretary of health and human\\nservices pursuant to 42 U.S.C. § 1396r-8, and for which the state has\\nestablished standard clinical criteria. No agreement entered into\\npursuant to this paragraph shall have an initial term or be extended\\nbeyond the expiration or repeal of this paragraph.\\n (i) The manufacturer shall not enter into any rebate arrangements with\\na managed care provider, or any of a managed care provider's agents,\\nincluding but not limited to any pharmacy benefit manager on the gene\\ntherapy, drug, or drug classes subject to this paragraph when the state\\nhas a rebate arrangement in place and standard clinical criteria are\\nimposed on the managed care provider.\\n (ii) The commissioner shall establish adequate rates of reimbursement\\nwhich shall take into account both the impact of the commissioner\\nnegotiating such arrangements and any limitations imposed on the managed\\ncare provider's ability to establish clinical criteria relating to the\\nutilization of such drugs. In developing the managed care provider's\\nreimbursement rate, the commissioner shall identify the amount of\\nreimbursement for such drugs as a separate and distinct component from\\nthe reimbursement otherwise made for prescription drugs as prescribed by\\nthis section.\\n (iii) The commissioner shall submit a report to the temporary\\npresident of the senate and the speaker of the assembly annually by\\nDecember thirty-first. The report shall analyze the adequacy of rates to\\nmanaged care providers for drug expenditures related to the classes\\nunder this paragraph.\\n (iv) Nothing in this paragraph shall be construed to require a\\npharmaceutical manufacturer to enter into a rebate arrangement\\nsatisfactory to the commissioner relating to pharmaceutical utilization\\nby enrollees of managed care providers pursuant to section three hundred\\nsixty-four-j of this title or relating to pharmaceutical utilization by\\nmedical assistance recipients not so enrolled.\\n (v) All clinical criteria, including requirements for prior approval,\\nand all utilization review determinations established by the state as\\ndescribed in this paragraph for the gene therapies, drugs, or drug\\nclasses subject to this paragraph shall be developed using\\nevidence-based and peer-reviewed clinical review criteria in accordance\\nwith article two-A of the public health law, as applicable.\\n (vi) All prior authorization and utilization review determinations\\nrelated to the coverage of any drug subject to this paragraph shall be\\nsubject to article forty-nine of the public health law, section three\\nhundred sixty-four-j of this title, and article forty-nine of the\\ninsurance law, as applicable. Nothing in this paragraph shall diminish\\nany rights relating to access, prior authorization, or appeal relating\\nto any drug class or drug afforded to a recipient under any other\\nprovision of law.\\n (vii) The department shall publish a statewide formulary of opioid\\ndependence agents and opioid antagonists, which shall include as\\n\"preferred drugs\" all drugs in such classes, which shall include all\\nsubclasses of a given drug that have a different pharmacological route\\nof administration, provided that:\\n (A) for all drugs that are included as of the date of the enactment of\\nthis subparagraph on a formulary of a managed care provider, as defined\\nin section three hundred sixty-four-j of this title, or in the Medicaid\\nfee-for-service preferred drug program pursuant to section two hundred\\nseventy-two of the public health law, the cost to the department for\\nsuch drug is equal to or less than the lowest cost paid for the drug by\\nany managed care provider or by the Medicaid fee-for-service program\\nafter the application of any rebates, as of the date that the department\\nimplements the statewide formulary established by this subparagraph.\\nWhere there is a generic version of the drug approved by the Food and\\nDrug Administration as bioequivalent to a brand name drug pursuant to 21\\nU.S.C. § 355(j)(8)(B), the cost to the department for the brand and\\ngeneric versions shall be equal to or less than the lower of the two\\nmaximum costs determined pursuant to the previous sentence; and\\n (B) for all drugs that are not included as of the date of the\\nenactment of this subparagraph on a formulary of a managed care\\nprovider, as defined in section three hundred sixty-four-j of this\\ntitle, or in the Medicaid fee-for-service preferred drug program\\npursuant to section two hundred seventy-two of the public health law,\\nthe department is able to obtain the drug at a cost that is equal to or\\nless than the lowest cost to the department of other comparable drugs in\\nthe class, after the application of any rebates. Where there is a\\ngeneric version of the drug approved by the Food and Drug Administration\\nas bioequivalent to a brand name drug pursuant to 21 U.S.C. §\\n355(j)(8)(B), the cost to the department for the brand and generic\\nversions shall be equal to or less than the lower of the two maximum\\ncosts determined pursuant to the previous sentence.\\n (viii) The commissioner may identify and refer high cost drugs, as\\ndefined in clause (D) of this subparagraph, that are not included as of\\nthe date of the enactment of this subparagraph on a formulary of a\\nmanaged care provider or covered by the Medicaid fee for service of\\nprogram to the drug utilization review board established by section\\nthree hundred sixty-nine-bb of this article for a recommendation as to\\nwhether a target supplemental Medicaid rebate should be paid by the\\nmanufacturer of the drug to the department and the target amount of the\\nrebate.\\n (A) If the commissioner intends to refer a high cost drug to the drug\\nutilization review board pursuant to this subparagraph, the commissioner\\nshall notify the manufacturer of such drug and shall attempt to reach\\nagreement with the manufacturer on a rebate arrangement satisfactory to\\nthe commissioner for the drug prior to referring the drug to the drug\\nutilization review board for review. Such arrangement may be based on\\nevidence based research, including, but not limited to, such research\\noperated or conducted by or for other state governments, the federal\\ngovernment, the governments of other nations, and third party payers or\\nmulti-state coalitions, provided however that the department shall\\naccount for the effectiveness of the drug in treating the conditions for\\nwhich it is prescribed or in improving a patient's health, quality of\\nlife, or overall health outcomes, and the likelihood that use of the\\ndrug will reduce the need for other medical care, including\\nhospitalization.\\n (B) In the event that the commissioner and the manufacturer have\\npreviously agreed to a rebate arrangement for a drug pursuant to this\\nparagraph, the drug shall not be referred to the drug utilization review\\nboard for any further rebate agreement for the duration of the previous\\nrebate agreement, provided however, the commissioner may refer a drug to\\nthe drug utilization review board if the commissioner determines there\\nare significant and substantiated utilization or market changes, new\\nevidence-based research, or statutory or federal regulatory changes that\\nwarrant additional rebates. In such cases, the department shall notify\\nthe manufacturer and provide evidence of the changes or research that\\nwould warrant additional rebates, and shall attempt to reach agreement\\nwith the manufacturer on a rebate for the drug prior to referring the\\ndrug to the drug utilization review board for review.\\n (C) If the commissioner is unsuccessful in entering into a rebate\\narrangement with the manufacturer of the drug satisfactory to the\\ndepartment, the drug manufacturer shall in that event be required to\\nprovide to the department, on a standard reporting form developed by the\\ndepartment, the information as described in subdivision six of section\\ntwo hundred eighty of the public health law. All information disclosed\\npursuant to this clause shall be considered confidential and shall not\\nbe disclosed by the department in a form that identifies a specific\\nmanufacturer or prices charged for drugs by such manufacturer.\\n (D) For the purposes of this subparagraph, the term \"high cost drug\"\\nshall mean a brand name drug or biologic that has a launch wholesale\\nacquisition cost of thirty thousand dollars or more per year or course\\nof treatment, or a biosimilar drug that has a launch wholesale\\nacquisition cost that is not at least fifteen percent lower than the\\nreferenced brand biologic at the time the biosimilar is launched, or a\\ngeneric drug that has a wholesale acquisition cost of one hundred\\ndollars or more for a thirty day supply or recommended dosage approved\\nfor labeling by the federal Food and Drug Administration, or a brand\\nname drug or biologic that has a wholesale acquisition cost increase of\\nthree thousand dollars or more in any twelve-month period, or course of\\ntreatment if less than twelve months.\\n (ix) For purposes of this paragraph, a \"gene therapy\" is a drug (A)\\napproved under section 505 of the Federal Food, Drug and Cosmetics Act\\nor licensed under subsection (a) or (k) of section 351 of the Public\\nHealth Services Act; (B) that treats a rare disease or condition, as\\ndefined in 21 USC § 360bb(a)(2), that is life-threatening, as defined in\\n42 CFR 321.18; (C) is considered a gene therapy by the federal Food and\\nDrug Administration for which a biologics license pursuant to 21 CFR\\n600-680 is held; (D) if administered in accordance with the labeling of\\nsuch drug, is expected to result in either the cure of such disease or\\ncondition or a reduction in the symptoms of such disease or condition\\nthat materially improves the patient's length or quality of life; and\\n(E) is expected to achieve the result described in clause (D) of this\\nsubparagraph after not more than three administrations.\\n * NB Repealed March 31, 2029\\n * 8. No government agency shall purchase, pay for, or make\\nreimbursement or grants-in-aid for any service in a residential\\ntreatment facility for children and youth or a comprehensive psychiatric\\nemergency program unless at the time such service was provided, the\\nresidential treatment facility for children and youth or comprehensive\\npsychiatric emergency program possessed a valid operating certificate\\nauthorizing such service. Notwithstanding any inconsistent provision of\\nlaw, no government agency shall make payments pursuant to this title or\\ntitle nineteen of the federal social security act to a residential\\ntreatment facility for children and youth for service to a person whose\\nneed for care and treatment in such a facility was not certified\\npursuant to section 9.51 of the mental hygiene law.\\n * NB Effective until July 1, 2024\\n * 8. No government agency shall purchase, pay for, or make\\nreimbursement or grants-in-aid for any service in a residential\\ntreatment facility for children and youth unless at the time such\\nservice was provided, the residential treatment facility for children\\nand youth possessed a valid operating certificate authorizing such\\nservice. Notwithstanding any inconsistent provision of law, no\\ngovernment agency shall make payments pursuant to this title or title\\nnineteen of the federal social security act to a residential treatment\\nfacility for children and youth for service to a person whose need for\\ncare and treatment in such a facility was not certified pursuant to\\nsection 9.51 of the mental hygiene law.\\n * NB Effective July 1, 2024\\n * 9. Notwithstanding any inconsistent provision of law or regulation\\nto the contrary, for those drugs which may not be dispensed without a\\nprescription as required by section sixty-eight hundred ten of the\\neducation law and for which payment is authorized pursuant to paragraph\\n(g) of subdivision two of section three hundred sixty-five-a of this\\ntitle, and for those drugs that are available without a prescription as\\nrequired by section sixty-eight hundred ten of the education law but are\\nreimbursed as items of medical assistance pursuant to paragraph (a) of\\nsubdivision four of section three hundred sixty-five-a of this title,\\npayments under this title shall be made at the following amounts:\\n (a) for drugs provided by medical practitioners and claimed separately\\nby the practitioners, the actual cost of the drugs to the practitioners;\\nand\\n (b) for drugs dispensed by pharmacies:\\n (i) (A) if the drug dispensed is a generic prescription drug, the\\nlower of: (1) an amount equal to the national average drug acquisition\\ncost set by the federal centers for medicare and medicaid services for\\nthe drug, if any, or if such amount if not available, the wholesale\\nacquisition cost of the drug based on the package size dispensed from,\\nas reported by the prescription drug pricing service used by the\\ndepartment, less seventeen and one-half percent thereof; (2) the federal\\nupper limit, if any, established by the federal centers for medicare and\\nmedicaid services; (3) the state maximum acquisition cost, if any,\\nestablished pursuant to paragraph (e) of this subdivision; or (4) the\\ndispensing pharmacy's usual and customary price charged to the general\\npublic; (B) if the drug dispensed is available without a prescription as\\nrequired by section sixty-eight hundred ten of the education law but is\\nreimbursed as an item of medical assistance pursuant to paragraph (a) of\\nsubdivision four of section three hundred sixty-five-a of this title,\\nthe lower of (1) an amount equal to the national average drug\\nacquisition cost set by the federal centers for medicare and medicaid\\nservices for the drug, if any, or if such amount is not available, the\\nwholesale acquisition cost of the drug based on the package size\\ndispensed from, as reported by the prescription drug pricing service\\nused by the department, (2) the federal upper limit, if any, established\\nby the federal centers for medicare and medicaid services; (3) the state\\nmaximum acquisition cost if any, established pursuant to paragraph (e)\\nof this subdivision; or (4) the dispensing pharmacy's usual and\\ncustomary price charged to the general public;\\n (ii) if the drug dispensed is a brand-name prescription drug, the\\nlower of:\\n (A) an amount equal to the national average drug acquisition cost set\\nby the federal centers for medicare and medicaid services for the drug,\\nif any, or if such amount is not available, the wholesale acquisition\\ncost of the drug based on the package size dispensed from, as reported\\nby the prescription drug pricing service used by the department, less\\nthree and three-tenths percent thereof; or (B) the dispensing pharmacy's\\nusual and customary price charged to the general public; and\\n (iii) notwithstanding subparagraphs (i) and (ii) of this paragraph and\\nparagraphs (d) and (e) of this subdivision, if the drug dispensed is a\\ndrug that has been purchased from a manufacturer by a covered entity\\npursuant to section 340B of the federal public health service act (42\\nUSCA § 256b), the actual amount paid by such covered entity pursuant to\\nsuch section, plus the reasonable administrative costs, as determined by\\nthe commissioner, incurred by the covered entity or by an authorized\\ncontract pharmacy in connection with the purchase and dispensing of such\\ndrug and the tracking of such transactions. For purposes of this\\nsubparagraph, a \"covered entity\" is an entity that meets the\\nrequirements of paragraph four of subsection (a) of such section, that\\nelects to participate in the program established by such section, and\\nthat causes claims for payment for drugs covered by this subparagraph to\\nbe submitted to the medical assistance program, either directly or\\nthrough an authorized contract pharmacy. No medical assistance payments\\nmay be made to a covered entity or to an authorized contract pharmacy of\\na covered entity for drugs that are eligible for purchase under the\\nsection 340B program and are dispensed on an outpatient basis to\\npatients of the covered entity, other than under the provisions of this\\nsubparagraph. Pharmacies submitting claims for reimbursement of drugs\\npurchased pursuant to section 340B of the public health service act\\nshall notify the department that the claim is eligible for purchase\\nunder the 340B program, consistent with claiming instructions issued by\\nthe department to identify such claims.\\n (c) Notwithstanding subparagraph (i) of paragraph (b) of this\\nsubdivision, if a qualified prescriber certifies \"brand medically\\nnecessary\" or \"brand necessary\" in his or her own handwriting directly\\non the face of a prescription for a multiple source drug for which a\\nspecific upper limit of reimbursement has been established by the\\nfederal agency, in addition to writing \"d a w\" in the box provided for\\nsuch purpose on the prescription form, payment under this title for such\\ndrug must be made under the provisions of subparagraph (ii) of such\\nparagraph.\\n (d) In addition to the amounts paid pursuant to paragraph (b) of this\\nsubdivision, the department shall pay a professional pharmacy dispensing\\nfee for each such drug dispensed in the amount of ten dollars and eight\\ncents per prescription or written order of a practitioner; provided,\\nhowever that this professional dispensing fee will not apply to drugs\\nthat are available without a prescription as required by section\\nsixty-eight hundred ten of the education law but do not meet the\\ndefinition of a covered outpatient drug pursuant to Section 1927K of the\\nSocial Security Act.\\n (e) For a multiple source generic drug for which no specific upper\\npayment limit has been established by the federal centers for medicare\\nand medicaid services, the commissioner of health may establish a\\nmaximum acquisition cost for such drug which shall be effective until\\nsuch time as a specific federal upper payment limit has been established\\nfor such drug. The department shall use a similar methodology in\\nestablishing such an interim price as that utilized by the centers for\\nmedicare and Medicaid services in establishing the federal upper payment\\nlimit. For this purpose, the department is authorized to enter into a\\ncontract with an entity to provide technical and administrative support\\nto the commissioner of health.\\n (g) Notwithstanding any other provision of this subdivision to the\\ncontrary, the department is authorized to implement a specialty pharmacy\\nprogram for the purpose of procuring certain specialty drugs at reduced\\ncost. The department is authorized to enter into contracts with one or\\nmore contractors in order to obtain certain specialty drugs from a\\nlimited number of sources at reduced prices. For purposes of this\\nparagraph, specialty drugs include, but are not limited to, chemotherapy\\nagents, hydration therapy agents, pain therapy agents, intravenous\\nadministration of antibiotics or other drugs, and total parenteral\\nnutrition. All contracts entered into by the department to effectuate\\nthe provisions of this section shall require the contractors to take\\nsteps to assure that drugs provided pursuant to such contracts will be\\nreadily accessible to consumers in a fashion that is no more restrictive\\nthan that which was in effect prior to the implementation of the\\nspecialty pharmacy program. This paragraph shall be effective only to\\nthe extent that federal financial participation is available in the cost\\nof drugs obtained pursuant to this paragraph. The commissioner of health\\nis authorized to submit amendments to the state plan for medical\\nassistance and to submit applications for waivers under the social\\nsecurity act to obtain the federal approvals necessary to implement this\\nparagraph. However, any pharmacy owned and operated by a not-for-profit\\norganization solely for the purpose of providing drugs to individuals\\ndiagnosed with cystic fibrosis as part of a comprehensive clinical care\\nprogram approved by the national organization that accredits cystic\\nfibrosis care centers and maintains a national registry of cystic\\nfibrosis clinical data shall be exempt from the specialty pharmacy\\nprogram.\\n (h) The commissioner of health is authorized to establish a medication\\ntherapy management pilot program in one or more counties or regions of\\nthe state for the purpose of improving compliance with drug therapies\\nand improving clinical outcomes. Payments under such program may be made\\nto retail pharmacies for the provision of one-on-one medication regimen\\ncounseling services for persons determined by the commissioner to be\\neligible to receive such services. The commissioner is authorized to\\nestablish fees for such counseling services, subject to the approval of\\nthe director of the division of the budget. The provisions of this\\nparagraph shall not take effect unless all necessary approvals under\\nfederal law and regulation have been obtained to receive federal\\nfinancial participation in the costs of services provided under this\\nparagraph.\\n ** (i)(i) The department of health shall establish a program for\\nsynchronization of medications. Under the synchronization program, a\\nhealth care practitioner may prescribe a refill of one or more of the\\npatient's medications for a shorter period than would ordinarily be\\nprovided, for the purpose of synchronizing refill dates of one or more\\nof the patient's medications subject to the synchronization when it is\\nagreed among the recipient, the health care practitioner and a\\npharmacist that synchronization of multiple prescriptions for the\\ntreatment of a chronic illness is in the best interest of the patient\\nfor the management or treatment of a chronic illness provided that the\\nfollowing apply to such medications:\\n (A) are covered by the department of health pursuant to this title;\\n (B) are used for treatment and management of a chronic illness that\\nare subject to refills;\\n (C) are not a schedule II controlled substance, nor a schedule III\\ncontrolled substance that contains hydrocodone or other opioid\\nmedication as scheduled in section thirty-three hundred six of the\\npublic health law, or a controlled substance under the federal\\nControlled Substances Act;\\n (D) meet all prior authorization criteria specific to the medications\\nat the time of the synchronization request;\\n (E) are of a formulation that can be effectively and lawfully aligned\\nover required short fill periods to achieve synchronization; and\\n (F) do not have quantity limits or dose optimization criteria or state\\nor federal requirements that would be violated in fulfilling\\nsynchronization.\\n (ii) The department of health shall not deny coverage for the\\ndispensing of a medication by a pharmacy for a partial supply when it is\\nfor the purpose of synchronizing the patient's medications. When\\napplicable to permit synchronization, the department of health shall\\nallow a pharmacy to override any denial codes indicating that a\\nprescription is being refilled too soon for the purposes of medication\\nsynchronization.\\n (iii) The dispensing fee paid to the pharmacy contracted to provide\\nservices pursuant to this section for a partial supply associated with\\nmedication synchronization shall be paid in accordance with the Medicaid\\nstate plan as approved by the Centers for Medicare and Medicaid\\nServices.\\n (iv) The requirement of this paragraph applies only once for each\\nprescription drug subject to medication synchronization except when\\neither of the following occurs:\\n (I) the prescriber changes the dosage or frequency of administration\\nof the prescription drug subject to a medication synchronization; or\\n (II) the prescriber prescribes a different drug.\\n (v) Nothing in this paragraph shall be deemed to require health care\\npractitioners and pharmacists to synchronize the refilling of multiple\\nprescriptions for a recipient.\\n (vi) The provisions of this paragraph are subject to compliance with\\nall applicable federal and state laws and regulations, including the\\nCenters for Medicare and Medicaid Services approved Medicaid state plan.\\nThe commissioner shall apply for waivers and submit state Medicaid plan\\namendments as are necessary to implement the program for synchronization\\nof medications.\\n ** NB Effective January 1, 2024\\n * NB Effective until March 31, 2025\\n * 9. Notwithstanding any inconsistent provision of law or regulation\\nto the contrary, for those drugs which may not be dispensed without a\\nprescription as required by section sixty-eight hundred ten of the\\neducation law and for which payment is authorized pursuant to paragraph\\n(g) of subdivision two of section three hundred sixty-five-a of this\\ntitle, payments under this title shall be made at the following amounts:\\n (a) for drugs provided by medical practitioners and claimed separately\\nby the practitioners, the actual cost of the drugs to the practitioners;\\nand\\n (b) for drugs dispensed by pharmacies:\\n (i) if the drug dispensed is a multiple source prescription drug for\\nwhich an upper limit has been set by the federal health care financing\\nadministration, an amount equal to the specific upper limit set by such\\nfederal agency for the multiple source prescription drug, and\\n (ii) if the drug dispensed is a multiple source prescription drug or a\\nbrand-name prescription drug for which no specific upper limit has been\\nset by such federal agency, the lower of the estimated acquisition cost\\nof such drug to pharmacies, or the dispensing pharmacy's usual and\\ncustomary price charged to the general public. Estimated acquisition\\ncost means the average wholesale price of a prescription drug based upon\\nthe package size dispensed from, as reported by the prescription drug\\npricing service used by the department, less ten percent thereof, and\\nupdated monthly by the department.\\n (c) Notwithstanding subparagraph (i) of paragraph (b) of this\\nsubdivision, if a qualified prescriber certifies \"brand medically\\nnecessary\" or \"brand necessary\" in his or her own handwriting directly\\non the face of a prescription for a multiple source drug for which a\\nspecific upper limit of reimbursement has been established by the\\nfederal agency, in addition to writing \"d a w\" in the box provided for\\nsuch purpose on the prescription form, payment under this title for such\\ndrug must be made under the provisions of subparagraph (ii) of such\\nparagraph.\\n (d) In addition to the amounts paid pursuant to paragraph (b) of this\\nsubdivision to pharmacies for those drugs which may not be dispensed\\nwithout a prescription, as required by section sixty-eight hundred ten\\nof the education law and for which payment is authorized pursuant to\\nparagraph (g) of subdivision two of section three hundred sixty-five-a\\nof this title, the department shall pay a pharmacy dispensing fee for\\neach such prescription drug dispensed, which dispensing fee shall not be\\nless than the following amounts:\\n (i) for prescription drugs categorized as generic by the prescription\\ndrug pricing service used by the department, five dollars and fifty\\ncents per prescription; and\\n (ii) for prescription drugs categorized as brand-name prescription\\ndrug by the prescription drug pricing service used by the department,\\nfour dollars and fifty cents per prescription.\\n * NB Effective March 31, 2025\\n 10. Any provider except for those providers certified under article\\ntwenty-eight of the public health law, of ordered services or supplies\\nunder the medical assistance program may be required to provide\\nfinancial security to assure that funds are available to repay any\\noverpayments made to the provider under this title and to assure the\\nfinancial security of the medical assistance program. For the purposes\\nof this subdivision, \"ordered services or supplies\" shall mean those\\nservices or supplies described in paragraphs (g), (i) and (j) of\\nsubdivision two of section three hundred sixty-five-a of this title.\\n (a) Any financial security required by this subdivision must meet the\\nrequirements of this paragraph. Financial security may be provided\\nthrough a bond with a corporate surety, from a company authorized to do\\nbusiness in this state, or an irrevocable letter of credit or\\ncertificate of deposit from a New York state or federally chartered\\nbank, trust company, savings bank or savings and loan association\\nqualified to do business in New York state and insured by the federal\\ndeposit insurance corporation.\\n (b) The bond, letter of credit or certificate of deposit shall be\\npayable in favor of the people of the state of New York for the purpose\\nof indemnifying the medical assistance program against any overpayments\\nmade to the provider.\\n (c) The bond, letter of credit or certificate of deposit filed and\\nmaintained pursuant to this section shall not be cancelled, revoked or\\nterminated except after notice to, and with the consent of, the\\ndepartment at least forty-five days in advance of such cancellation,\\nrevocation or termination.\\n (d) The department may bring and maintain an action against the\\nprovider and the surety or bank, trust company, savings bank or savings\\nand loan association for any claimed overpayments made to the provider.\\n (e) Financial security shall not be required for providers which do\\nnot submit claims for payment under the medical assistance program\\nexceeding five hundred thousand dollars per annum or forty-two thousand\\ndollars per month.\\n (f) Financial security shall be in an amount equal to the provider's\\nestimated claims for payment for a one year period and may be adjusted\\nbi-annually in accordance with the dollar amount of claims actually\\nsubmitted. If the commissioner is satisfied from an investigation of the\\nfinancial condition of a provider that the provider is solvent and\\npossessed of sufficient assets to provide reasonable assurance of\\nrecovery of any overpayments, the commissioner may modify the amount of\\nfinancial security to be provided by such provider.\\n (g) Financial security must be submitted by a provider upon initial\\napplication for enrollment as a provider of medical assistance and with\\neach subsequent enrollment. A change in ownership of a provider shall\\nnot release, cancel or terminate liability under this section under any\\nbond, letter of credit or certificate of deposit filed for a provider\\nwhile such bond, letter of credit or certificate of deposit is in effect\\nunless the transferee, purchaser, successor or assignee of such provider\\nobtains a bond, letter of credit or certificate of deposit under this\\nsection for the benefit of such new owner. All providers enrolled in the\\nmedical assistance program on the effective date of this subdivision\\nwill be required to submit financial security within ninety days of\\nnotice of such requirements by the department.\\n (h) The department may make the submission of the financial security\\nrequired by this subdivision a condition of participation in the medical\\nassistance program.\\n 11. (a) Any inconsistent provisions of this title or other law\\nnotwithstanding, no health insurer, self-insured plan, managed care\\norganization, pharmacy benefit manager, or other party that is, by\\nstatute, contract, or agreement, legally responsible for payment of a\\nclaim for a health care item or service, employer or organization who\\nhas a plan, including an employee retirement income security act or\\nservice benefit plan, providing care and other medical benefits for\\npersons, whether by insurance or otherwise, shall exclude a person from\\neligibility, coverage or entitlement to medical benefits by reason of\\nthe eligibility of such person for medical assistance under this title,\\nor by reason of the fact that such person would, except for such plan,\\nbe eligible for benefits under this title.\\n (b) Any inconsistent provisions of this title or other law\\nnotwithstanding, no insurer may impose requirements on the department or\\na social services district which has been assigned the rights of an\\nindividual who is eligible for medical assistance under this title and\\nwho is covered for health benefits from the insurer, that are different\\nfrom requirements applicable to an agent or assignee of any other\\nindividual so covered.\\n (c) Any inconsistent provisions of this title or other law\\nnotwithstanding, the department may, to the extent necessary to\\nreimburse the department and the social services districts for\\nexpenditures under this title, certify to the commissioner of taxation\\nand finance pursuant to section one hundred seventy-one-f of the tax law\\namounts to be withheld from tax refunds otherwise due to any individual\\nwho is required by court order to provide medical support in the form of\\nhealth insurance benefits for a child who is eligible for medical\\nassistance under this title and who has received payment from a\\nthird-party for the cost of such services for such child but has not\\nused such payments to reimburse either the other parent or guardian of\\nsuch child or the provider of such services or the appropriate social\\nservices district; provided however, that any claims for current or\\npast-due child support shall take priority over any such claims for the\\ncosts of such services and care. Such amounts shall be withheld pursuant\\nto section one hundred seventy-one-f of the tax law, and shall be\\ncredited to unreimbursed medical assistance incurred on behalf of such\\nchild. The department shall by regulation establish procedures\\nconsistent with paragraphs (a) and (b) of subdivision four of section\\none hundred seventy-one-c of the tax law by which any individual who is\\nthe subject of a certification may contest such certification.\\n 12. Prior to receiving medical assistance under subparagraphs five and\\nsix of paragraph (c) of subdivision one of section three hundred\\nsixty-six of this title, a person whose net available income is at least\\none hundred fifty percent of the applicable federal income official\\npoverty line, as defined and updated by the United States department of\\nhealth and human services, must pay a monthly premium, in accordance\\nwith a procedure to be established by the commissioner. The amount of\\nsuch premium shall be twenty-five dollars for an individual who is\\notherwise eligible for medical assistance under such subparagraphs, and\\nfifty dollars for a couple, both of whom are otherwise eligible for\\nmedical assistance under such subparagraphs. No premium shall be\\nrequired from a person whose net available income is less than one\\nhundred fifty percent of the applicable federal income official poverty\\nline, as defined and updated by the United States department of health\\nand human services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-B", "title" : "Medical assistance information and payment system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2026-06-05" ], "docLevelId" : "367-B", "activeDate" : "2023-05-12", "sequenceNo" : 407, "repealedDate" : null, "fromSection" : "367-B", "toSection" : "367-B", "text" : " § 367-b. Medical assistance information and payment system. 1. The\\ndepartment shall design and implement a statewide medical assistance\\ninformation and payments system for the purpose of providing individual\\nand aggregate data to social services districts to assist them in making\\nbasic management decisions, to the department and other state agencies\\nto assist in the administration of the medical assistance program, and\\nto the governor and the legislature as may be necessary to assist in\\nmaking major administrative and policy decisions affecting such program.\\nSuch system shall be designed so as to be capable of the following:\\n a. receiving and processing information relating to the eligibility of\\neach person applying for medical assistance and of issuing a medical\\nassistance identification card to persons determined by a social\\nservices official to be eligible for such assistance;\\n b. receiving and processing information relating to each qualified\\nprovider of medical assistance furnishing care, services or supplies for\\nwhich claims for payment are made pursuant to this title;\\n c. receiving and processing, in a form and manner prescribed by the\\ndepartment, all claims for medical care, services and supplies, and\\nmaking payments for valid claims to providers of medical care, services\\nand supplies on behalf of social services districts;\\n d. maintaining information necessary to allow the department,\\nconsistent with the powers and duties of the department of health, to\\nreview the appropriateness, scope and duration of medical care, services\\nand supplies provided to any eligible person pursuant to this chapter;\\nand\\n e. initiating implementation of such a system for the district\\ncomprising the city of New York, in a manner compatible with expansion\\nof such system to districts other than the district comprising the city\\nof New York.\\n 2. Consistent with the capabilities of the system established pursuant\\nto subdivision one of this section, the department shall assume payment\\nresponsibilities on behalf of social services districts by promulgation\\nof regulations approved by the director of the budget. Such regulations\\nshall specify the providers of medical assistance and the medical care,\\nservices and/or supplies for the district or districts for which the\\ndepartment will assume payment responsibilities and the date on which\\nsuch responsibilities shall be assumed. Such regulations shall be\\npublished for comment at least thirty days in advance of their\\npromulgation and shall be filed with the secretary of state at least\\nsixty days in advance of the date of assumption of responsibilities;\\nprovided, however, that with respect to a particular district the\\nrequirements for advance publications and/or filing may be waived, or\\nthe time limits reduced, with the written consent of the district to\\nsuch waiver or reduction. Providers of medical care and services shall\\nsubmit claims to the social services district for all items of care,\\nservices and supplies furnished prior to the date of state assumption of\\npayment responsibilities and to the state for all such items furnished\\nsubsequent to such date. Such regulations shall also specify a final\\ntransition date after which any claiming submitted shall be enforceable\\nby such provider only against the state and shall not be enforceable by\\nsuch provider against the social services district; provided, however,\\nthat the department and the district may enter into a written agreement\\nby which the department agrees on the basis of eligibility information\\nprovided by such district to pay claims submitted to such district prior\\nto the final transition date.\\n 3. Upon notice to a social services district in accordance with\\nsubdivision two, that the department intends to assume payment\\nresponsibilities on behalf of such district, (a) such district shall\\npromptly submit to the department requested information regarding each\\nperson who applies for or has been determined eligible for medical\\nassistance and each provider of medical assistance in such district; and\\n(b) notwithstanding the provisions of paragraph (b) of subdivision three\\nof section three hundred sixty-six-a of this chapter, the department\\nshall provide each person found by such district to be eligible for\\nmedical assistance under this title with a medical assistance\\nidentification card.\\n 4. Information relating to persons applying for or receiving medical\\nassistance shall be considered confidential and shall not be disclosed\\nto persons or agencies other than those considered entitled to such\\ninformation in accordance with section one hundred thirty-six when such\\ndisclosure is necessary for the proper administration of public\\nassistance programs.\\n 5. By no later than forty-five days following the end of each calendar\\nquarter after the second quarter of calendar year nineteen hundred\\nseventy-six, the department shall, until full implementation has been\\nachieved in all social services districts, report to the governor and\\nthe legislature regarding the current status of the medical assistance\\ninformation and payment system, summarizing the progress achieved during\\nthe previous quarter and the anticipated major achievements of the\\nsucceeding two calendar quarters. The report shall include the current\\nand anticipated overall expenditure and staffing levels for functions\\nrelating to the system, and shall specify each district affected or\\nanticipated to be affected during the succeeding two calendar quarters\\nand summarize the manner in which each such district is, or is\\nanticipated to be, affected. In addition, the department shall prepare\\nand submit to the governor and the legislature a special report\\ndemonstrating the appropriateness and relative cost-effectiveness of\\nutilizing a fiscal intermediary.\\n In addition, for the purpose of insuring the compatability of the\\nsystem servicing the district comprising the city of New York with the\\nsystem servicing all other social services districts in the state, the\\ndepartment shall prepare and submit to the governor and the legislature\\non or before March first, nineteen hundred seventy-eight, a special\\nreport and recommendation covering the appropriateness and relative cost\\neffectiveness of utilizing a fiscal intermediary or fiscal agent for all\\ndistricts other than the district comprising the city of New York.\\n 6. Each social services district shall be responsible for paying to\\nthe state a share of the state's expenditures for claims of providers of\\nmedical assistance attributable to such district, which shall be equal\\nto the share of such expenditures such district would have borne after\\nreimbursement from state and federal funds in accordance with section\\nthree hundred sixty-eight-a of this chapter, had the expenditure been\\nmade by such district; provided, however, that no district shall be\\nresponsible for the state's expenditures for the administrative costs of\\ndeveloping, maintaining or operating the statewide medical assistance\\ninformation and payment system; and provided, further, that no district\\nshall be responsible for paying to the state any portion of the cost of\\nmedical assistance which the department is responsible for furnishing\\npursuant to section three hundred sixty-five of this chapter.\\n 7. In any case in which the department has made payments for medical\\nassistance on behalf of a social services district pursuant to this\\nsection, the commissioner on behalf of the social services official\\nshall be empowered to bring actions to recover the cost of such\\nassistance, pursuant to this subdivision and the provisions of title six\\nof article three of this chapter.\\n 8. (a) For the purpose of orderly and timely implementation of the\\nmedical assistance information and payment system, the department is\\nhereby authorized to enter into agreements with fiscal intermediaries or\\nfiscal agents for the design, development, implementation, operation,\\nprocessing, auditing and making of payments, subject to audits being\\nconducted by the state in accordance with the terms of such agreements,\\nfor medical assistance claims under the system described by this section\\nin any social services district. Such agreements shall specifically\\nprovide that the state shall have complete oversight responsibility for\\nthe fiscal intermediaries' or fiscal agents' performance and shall be\\nsolely responsible for establishing eligibility requirements for\\nrecipients, provider qualifications, rates of payment, investigation of\\nsuspected fraud and abuse, issuance of identification cards,\\nestablishing and maintaining recipient eligibility files, provider\\nprofiles, and conducting state audits of the fiscal intermediaries' or\\nagents' at least once annually. The system described in this subdivision\\nshall be operated by one or more fiscal intermediaries or fiscal agents\\nin accordance with this subdivision unless the department is otherwise\\nauthorized by a law enacted subsequent to the effective date of this\\nsubdivision to operate the system in another manner. In no event shall\\nsuch intermediary or agent be a political subdivision of the state or\\nany other governmental agency or entity. Notwithstanding the foregoing,\\nthe department may make payments to a provider upon the commissioner's\\ndetermination that the provider is temporarily unable to comply with\\nbilling requirements. The department shall consult with the office of\\nMedicaid inspector general regarding any activities undertaken by the\\nfiscal intermediaries or fiscal agents regarding investigation of\\nsuspected fraud and abuse.\\n (b) The department of health, in consultation with the office of\\nMedicaid inspector general, shall develop, test and implement new\\nmethods to strengthen the capability of the medical assistance\\ninformation and payment system to detect and control fraud and improve\\nexpenditure accountability, and is hereby authorized to enter into\\nfurther agreements with fiscal and/or information technology agents for\\nthe development, testing and implementation of such new methods. Any\\nsuch agreements shall be with agents which have demonstrated expertise\\nin the areas addressed by the agreement. Such methods shall, at a\\nminimum, address the following areas:\\n (1) Prepayment claims review. Develop, test and implement an automated\\nclaims review process which, prior to payment, shall subject medical\\nassistance program services claims to review for proper coding and such\\nother review as may be deemed necessary. Services subject to review\\nshall be based on: the expected cost-effectiveness of reviewing such\\nservice; the capabilities of the automated system for conducting such a\\nreview; and the potential to implement such review with negligible\\neffect on the turnaround of claims for provider payment or on recipient\\naccess to necessary services. Such initiative shall be designed to\\nprovide for the efficient and effective operation of the medical\\nassistance program claims payment system by performing functions\\nincluding, but not limited to, capturing coding errors, misjudgments,\\nincorrect or multiple billing for the same service and possible excesses\\nin billing or service use, whether intentional or unintentional.\\n (2) Coordination of benefits. Develop, test and implement an automated\\nprocess to improve the coordination of benefits between the medical\\nassistance program and other sources of coverage for medical assistance\\nrecipients. Such initiative shall initially examine the savings\\npotential to the medical assistance program through retrospective review\\nof claims paid which shall be completed not later than January\\nthirty-first, two thousand seven. If, based upon such initial\\nexperience, the Medicaid inspector general deems the automated process\\nto be capable of including or moving to a prospective review, with\\nnegligible effect on the turnaround of claims for provider payment or on\\nrecipient access to services, then the Medicaid inspector general in\\nsubsequent tests shall examine the savings potential through\\nprospective, pre-claims payment review.\\n (3) Comprehensive review of paid claims. Take all reasonable and\\nnecessary actions to intensify the state's current level of monitoring,\\nanalyzing, reporting and responding to medical assistance program claims\\ndata maintained by the state's medical assistance information and\\npayment system contract agents. Pursuant to this initiative, the\\ndepartment of health, in collaboration with the office of Medicaid\\ninspector general, shall make efforts to improve the utilization of such\\ndata in order to better identify fraud and abuse within the medical\\nassistance program and to identify and implement further program and\\npatient care reforms for the improvement of such program. In addition,\\nthe department of health, in consultation with such contract agents and\\nthe office of Medicaid inspector general, shall identify additional data\\nelements that are maintained and otherwise accessible by the state,\\ndirectly or through any of its contractors, that would, if coordinated\\nwith medical assistance data, further increase the effectiveness of data\\nanalysis for the management of the medical assistance program. To\\nfurther the objectives of this subparagraph, the department of health,\\nin collaboration with the office of Medicaid inspector general, shall\\nprovide or arrange in-service training for state and county medical\\nassistance personnel to increase the capability for state and local data\\nanalysis, leading to a more cost-effective operation of the medical\\nassistance program.\\n (4) Targeted claims and utilization review. Develop, test and\\nimplement an automated process for the targeted review of claims,\\nservices and/or populations not later than January thirty-first, two\\nthousand seven. Such review shall be for the purposes of identifying\\nstatistical aberrations in the use or billing of such services and for\\nassisting in the development and implementation of measures to ensure\\nthat service use and billing are appropriate to recipients' needs.\\n (c) The commissioner of health shall prepare and submit an interim\\nreport to the governor and legislature on the implementation of the\\ninitiatives specified in paragraph (b) of this subdivision no later than\\nDecember first, two thousand seven. Such report shall also include\\nrecommendations for any revisions that would further facilitate the\\ngoals of such paragraph, including recommendations for expansion. In\\naddition, the commissioner of health shall submit a final report not\\nlater than December first, two thousand eight. In preparing such interim\\nand final reports, the commissioner of health shall consult with the\\nMedicaid inspector general, third-party agents, providers and recipients\\nassociated with the implementation of paragraph (b) of this subdivision.\\n 9. (a) In order to accomplish a more orderly transition to the medical\\nassistance information and payment system authorized by this section,\\nand to continue for a limited transition period the rate at which\\nadvanced revenues have been made available by local governmental units\\nto certain hospitals providing services to persons eligible for medical\\nassistance, the department is authorized to promulgate regulations\\nestablishing a system of accelerated payments to hospitals meeting the\\ncriteria set forth in this section.\\n (b) Such system of accelerated payments shall only be available to a\\ngeneral hospital, other than a public general hospital:\\n (i) which prior to January first, nineteen hundred seventy-eight\\nreceived regular, periodic and recurring advanced revenues from a local\\ngovernmental unit, the amount of which was based on anticipated medical\\nassistance claims payments; and\\n (ii) which has demonstrated that its continued financial viability\\ndepends in substantial part on the rate at which such advanced revenues\\nwere made available by local governmental units prior to the time the\\ndepartment, pursuant to this section, assumed payment for such hospital\\nresponsibilities on behalf of the social services district in which it\\nis located, taking into account any funds remaining available from the\\nlocal governmental unit under its system of advanced revenues. For\\npurposes of this subdivision, it shall be presumed that a hospital does\\nnot depend in substantial part on the rate at which advanced revenues\\nwere made available by a local governmental unit if it received such\\nrevenues for a period of less than nine months preceding the month in\\nwhich the department assumed payment responsibilities for such hospital;\\n (iii) for which payment responsibility is initially assumed by the\\ndepartment pursuant to this section during the period beginning June\\nfirst, nineteen hundred seventy-eight and ending November thirtieth,\\nnineteen hundred seventy-eight; and\\n (iv) which meets performance criteria established by department\\nregulation relating to the ratio of acceptable claims for patient days\\nsubmitted for medical assistance payment compared to the total patient\\ndays of the hospital and compared to such claims submitted in one or\\nmore previous months, and the time lapse between the date the service\\nwas provided and the date the claim was submitted.\\n (c) The regulations promulgated by the department pursuant to\\nparagraph (a) of this subdivision shall provide that the amount of the\\naccelerated payment for any month shall be determined for each hospital\\nmeeting the criteria set forth in this section on the basis of\\nacceptable medical assistance claims submitted by the hospital in one or\\nmore previous months and the amount of accelerated revenues made\\navailable to the hospital by a local governmental unit prior to the time\\nthe department assumed payment responsibilities for the hospital. The\\namount of the accelerated payment for any given month shall not exceed\\nthe amount of a monthly aggregate claim to be submitted by the hospital\\nto the department, which claim shall reflect items of care, services and\\nsupplies authorized under the medical assistance program pursuant to\\nthis title which are in fact provided prior to the date of the aggregate\\nclaim to persons who have been determined eligible for medical\\nassistance, or based on the past performance of the hospital are likely\\nto be determined eligible for medical assistance, when no other source\\nof payment including third party health insurance and payments pursuant\\nto title eighteen of the Federal Social Security Act are available for\\nsuch items of care, service and supplies. Such aggregate claims shall be\\nsubject to the audit and warrant of the state comptroller.\\n (d) Any schedule of accelerated payments established by the department\\npursuant to this section shall assure that such payments are made for a\\nperiod of no more than six months from the month in which the department\\nassumes payment responsibility for the hospital, and shall provide for\\nrepayment of any amounts in excess of current audited claims, through\\nreductions in current claims, at a rate that will assure full repayment\\nat the earliest time consistent with the purposes of this section, but\\nin no event more than twenty-four months following the month in which\\nthe department assumes payment responsibilities for the hospital.\\nHowever, where the commissioner of health has determined with the\\nconcurrence of the state hospital review and planning council that a\\nhospital has satisfied the department of health regulations and is or\\nhas been authorized to participate in the emergency hospital\\nreimbursement program pursuant to which repayment of all or part of any\\naccelerated payments made by the department have been deferred in\\naccordance with such regulations, notwithstanding the time limitations\\nset forth above repayment of such deferred amounts shall be made in\\naccordance with an orderly schedule of repayment established by the\\ncommissioner of health after consultation with the commissioner. In no\\nevent shall any reduction be made against current claims, grant funds or\\nany amounts due said hospital in settlement of rate appeals, claims or\\nlawsuits to satisfy such repayment obligations.\\n (e) In making accelerated payments pursuant to this subdivision and\\ndepartment regulations, the department shall utilize federal funds made\\navailable, and local funds, for such purposes or for purposes of payment\\nby the department of medical assistance payments pursuant to this\\nsection.\\n * 10. a. For the purpose of timely payment, the department is hereby\\nauthorized to develop a concurrent payment system for general hospitals\\nwhich elect to participate in the concurrent payment system and which\\nare included in the payment component of the medical assistance\\ninformation and payment system, and to promulgate regulations to govern\\nsuch a system. The department may implement the concurrent payment\\nsystem for any general hospital which has elected to participate and for\\nwhich the department has chosen to implement the system.\\n b. For all participating general hospitals the department shall\\ndetermine a biweekly concurrent payment which shall equal one\\ntwenty-sixth of the portion of the hospital's imputed or certified\\ninpatient revenue cap (as defined in section twenty-eight hundred\\nseven-a of the public health law) allocated for medical assistance\\npayments. The concurrent payment shall be reviewed at the beginning of\\neach quarter and adjusted to reflect any changes to the inpatient\\nrevenue cap or portion allocated for medical assistance payments.\\n c. The department shall promulgate regulations, consistent with\\nfederal requirements for participation, governing the concurrent payment\\nsystem. The regulations shall address, among other things, the method\\nof calculating the concurrent payment, the method of reconciliation, the\\nadjustment of the concurrent payment for the calculated difference, the\\nmanner of eliminating underpayments or overpayments to hospitals in\\nexceptional circumstances such as significantly changing utilization,\\nchanges in bed or service capacity, or imminent insolvency. The\\ndepartment shall promulgate regulations establishing a procedure for\\nrecognizing open cases as of the date of reconciliation. The department\\nshall also promulgate regulations setting forth standards for the\\ntimeliness and quality of billings and may lower the concurrent payment\\ncalculated in accordance with paragraph b of this subdivision for\\nnoncompliance with such regulations.\\n d. Any payment claims made to the department for days of inpatient\\ncare provided prior to the effective date of this subdivision shall be\\npaid or denied in accordance with department regulations in effect when\\nthe care was provided.\\n e. For any general hospital which is not afforded the opportunity of\\nparticipating in the concurrent payment system and which is in\\ncompliance with the billing requirements of the department, the\\ndepartment shall pay any financing or working capital charge levied by\\nthe hospital as authorized in section twenty-eight hundred seven-a of\\nthe public health law.\\n f. This subdivision shall be effective only if federal participation\\nis available.\\n * NB Expires January 1, 1986\\n 11. a. For the purpose of timely payment, the department is hereby\\nauthorized to develop a concurrent payment system for general hospitals\\nwhich elect to participate in the concurrent payment system and which\\nare included in the payment component of the medical assistance\\ninformation and payment system, and to promulgate regulations to govern\\nsuch a system. The department may implement the concurrent payment\\nsystem for any general hospital which has elected to participate and for\\nwhich the department has chosen to implement the system.\\n b. For all participating general hospitals the department shall\\ndetermine a biweekly concurrent payment which shall equal one\\ntwenty-sixth of the hospital's estimated yearly inpatient revenue from\\nmedical assistance payments. The concurrent payment shall be reviewed at\\nthe beginning of each quarter and adjusted to reflect any changes to the\\nrates for medical assistance payments.\\n c. The department shall promulgate regulations, consistent with\\nfederal requirements for participation, governing the concurrent payment\\nsystem. The regulations shall address, among other things, the method\\nof calculating the concurrent payment, the method of reconciliation, the\\nadjustment of the concurrent payment for the calculated difference, the\\nmanner of eliminating underpayments or overpayments to hospitals in\\nexceptional circumstances such as significantly changing utilization,\\nchanges in bed or service capacity, or imminent insolvency. The\\ndepartment shall promulgate regulations establishing a procedure for\\nrecognizing open cases as of the date of reconciliation. The department\\nshall promulgate regulations setting forth standards for the timeliness\\nand quality of billings and may lower the concurrent payment calculated\\nin accordance with paragraph b of this subdivision for noncompliance\\nwith such regulations.\\n d. Any payment claims made to the department for days of inpatient\\ncare provided prior to the effective date of this subdivision shall be\\npaid or denied in accordance with department regulations in effect when\\nthe care was provided.\\n e. For any general hospital which is not afforded the opportunity of\\nparticipating in the concurrent payment system and which is in\\ncompliance with the billing requirements of the department, the\\ndepartment shall pay any financing or working capital charge levied by\\nthe hospital as authorized in section twenty-eight hundred seven-a of\\nthe public health law.\\n f. This subdivision shall be effective only if federal participation\\nis available.\\n 12. (a) For the purpose of regulating cash flow for general hospitals,\\nthe department shall develop and implement a payment methodology to\\nprovide for timely payments for inpatient hospital services eligible for\\ncase based payments per discharge based on diagnosis-related groups\\nprovided during the period January first, nineteen hundred eighty-eight\\nthrough March thirty-first two thousand twenty-six, by such hospitals\\nwhich elect to participate in the system.\\n (b) In developing a payment methodology the department shall consider\\na system under which hospitals may be reimbursed on the basis of\\ninpatient admissions, adjusted to payment on the basis of discharge\\ndata, with reconciliations established at time periods specified by the\\ndepartment. Under such a system variances between amounts paid on an\\nadmission basis and actual amounts due and to be paid on a discharge\\nbasis may be reflected in the amounts to be paid in a subsequent period.\\n 13. Notwithstanding any inconsistent provision of law, in lieu of\\npayments authorized by this chapter and/or any of the general fund or\\nspecial revenue other appropriations made to the office of temporary and\\ndisability assistance and the office of children and family services,\\nfrom funds otherwise due to local social services districts or in lieu\\nof payments of federal funds otherwise due to local social services\\ndistricts for programs provided under the federal social security act or\\nthe federal food stamp act or the low income home energy assistance\\nprogram, funds in amounts certified by the commissioner of the office of\\ntemporary and disability assistance or the commissioner of the office of\\nchildren and family services or the commissioner of health as due from\\nlocal social services districts as their share of payments made pursuant\\nto this section, may be set-aside by the state comptroller in an\\ninterest-bearing account with such interest accruing to the credit of\\nthe locality, pursuant to an estimate provided by the commissioner of\\nhealth of a local social services district's share of medical assistance\\npayments, except that in the case of the city of New York, such\\nset-aside shall be subject first to the requirements of a section of the\\nchapter of the laws of two thousand one which enacted this provision,\\nand then subject to the requirements of paragraph (i) of subdivision (b)\\nof section two hundred twenty-two-a of chapter four hundred seventy-four\\nof the laws of nineteen hundred ninety-six prior to the application of\\nthis subdivision. Should funds otherwise payable to a local social\\nservices district from appropriations made to the office of temporary\\nand disability assistance, the office of children and family services,\\nand the department of health be insufficient to fully fund the amounts\\nidentified by the commissioner of health as necessary to liquidate the\\nlocal share of payments to be made pursuant to this section on behalf of\\nthe local social services district, the commissioner of health may\\nidentify other state or federal payments payable to that local social\\nservices district or any other county agency including, but not limited\\nto the county department of health, from appropriations made to the\\nstate department of health, and may authorize the state comptroller,\\nupon no less than five days written notice to such local social services\\ndistrict or such other county agency, to set-aside such payments in the\\ninterest-bearing account with such interest accruing to the credit of\\nthe locality. Upon such determination by the commissioner of health that\\ninsufficient funds are payable to a local social services district and\\nany other county agency receiving payments from the office of temporary\\nand disability assistance, the office of children and family services,\\nand the state department of health from appropriations made to these\\nagencies, the state comptroller shall, upon no less than five days\\nwritten notice to such local social services district or such other\\ncounty agency, withhold payments from any of the general fund - local\\nassistance accounts or payments made from any of the special revenue -\\nfederal local assistance accounts, provided, however, that such federal\\npayments shall be withheld only after such federal funds are properly\\ncredited to the county through vouchers, claims or other warrants\\nproperly received, approved, and paid by the state comptroller, and\\nset-aside such disbursements in the interest-bearing account with such\\ninterest accruing to the credit of the locality until such time that the\\namount withheld from each county is determined by the commissioner of\\nhealth to be sufficient to fully liquidate the local share of payments,\\nas estimated by the commissioner of health, to be made pursuant to this\\nsection on behalf of that local social services district.\\n 14. Notwithstanding any other provision of law, effective on or before\\nJanuary first, two thousand one, the local social services district\\nshare of medical assistance payments made by the state on behalf of the\\nlocal social services district shall be paid to the state by the local\\nsocial services district using electronic funds transfer under the\\nsupervision of the state comptroller and pursuant to rules and\\nregulations of the commissioner of health. The state comptroller shall\\ndeposit such funds in the medicaid management information system\\nstatewide escrow fund to the credit of each local district. In the event\\nthat the state comptroller and commissioner of health determine that\\nthere are insufficient funds available from the local district to\\nliquidate their local share of medical assistance payments, the\\ncommissioner of health shall issue a repayment schedule to the state\\ncomptroller for purposes of reducing reimbursement from other sources of\\npayment from the state to the city or county of which the local social\\nservices district is a part in accordance with subdivision thirteen of\\nthis section, until the amounts due from the local district are\\nrecovered in full plus any interest that would have otherwise accrued to\\nthe fund had such fund had sufficient balances from the local district.\\nUpon determination by the state comptroller that insufficient sources of\\npayment are available to fully liquidate the local social services\\ndistrict share of medical assistance payments, the commissioner of\\nhealth shall include in such schedule a charge to the county equal to\\nthe amount of interest otherwise earned by the state short-term interest\\npool, plus any interest penalty as the commissioner of health may\\ndetermine, until such time as the district has fully liquidated its\\nliability pursuant to the provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-C", "title" : "Payment for long term home health care programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-C", "activeDate" : "2014-09-22", "sequenceNo" : 408, "repealedDate" : null, "fromSection" : "367-C", "toSection" : "367-C", "text" : " § 367-c. Payment for long term home health care programs. 1. If a long\\nterm home health care program as defined under article thirty-six of the\\npublic health law is provided in the social services district for which\\nhe has authority, the local social services official, before he\\nauthorizes care in a nursing home or intermediate care facility for a\\nperson eligible to receive services under this title, shall notify the\\nperson in writing of the provisions of this section.\\n 2. If a person eligible to receive services under the provisions of\\nthis title who requires care, treatment, maintenance, nursing or other\\nservices in a nursing home desires to remain and is deemed by his\\nphysician able to remain in his own home or the home of a responsible\\nrelative or other responsible adult if the necessary services are\\nprovided, such person or his representative shall so inform the local\\nsocial services official. If a long term home health care program as\\ndefined under article thirty-six of the public health law is provided in\\nthe social services district for which he has authority, such official\\nshall authorize an assessment under the provisions of section thirty-six\\nhundred sixteen of the public health law. If the results of the\\nassessment indicate that the person can receive the appropriate level of\\ncare at home, the official shall prepare for that person a plan for the\\nprovision of services comparable to those that would be rendered in a\\nnursing home. In developing such plan, the official shall consult with\\nthose persons performing the assessment. The services shall be provided\\nby a certified home health agency, hospital, or residential health care\\nfacility authorized by the commissioner of health under article\\nthirty-six of the public health law to provide a long term home health\\ncare program. At the time of the initial assessment, and at the time of\\neach subsequent assessment performed under the provisions of section\\nthirty-six hundred sixteen of the public health law, or more often if\\nthe person's needs require, the official shall establish a monthly\\nbudget in accordance with which he shall authorize payment for the\\nservices provided under such plan. Total monthly expenditures made under\\nthis title for such person shall not exceed a maximum of seventy-five\\nper cent, or such lesser percentage as may be determined by the\\ncommissioner, of the average of the monthly rates payable under this\\ntitle for nursing home services within the social services district for\\nwhich the official has authority. However, if a continuing assessment of\\nthe person's needs demonstrates that he requires increased services, the\\nsocial services official may authorize the expenditure of any amount\\naccrued under this section during the past twelve months as a result of\\nthe expenditures for that person not exceeding such maximum. If an\\nassessment of the person's needs demonstrates that he requires services\\nthe payment for which would exceed such monthly maximum, but it can be\\nreasonably anticipated that total expenditures for required services for\\nsuch person will not exceed such maximum calculated over a one year\\nperiod, the social services official may authorize payment for such\\nservices.\\n 3. If a person eligible to receive services under the provisions of\\nthis title who requires health related care and services in an\\nintermediate care facility desires to remain and is deemed by his\\nphysician able to remain in his own home or the home of a responsible\\nrelative or other responsible adult if the necessary services are\\nprovided, such person or his representative shall so inform the local\\nsocial services official. If a long term home health care program as\\ndefined under article thirty-six of the public health law is provided in\\nthe social services district for which he has authority, such official\\nshall authorize an assessment under the provisions of section thirty-six\\nhundred sixteen of the public health law. If the results of the\\nassessment indicate that the person can receive the appropriate level of\\ncare at home, the official shall prepare for that person a plan for the\\nprovision of services comparable to those that would be rendered in an\\nintermediate care facility. In developing such plan, the official shall\\nconsult with those persons performing the assessment. The services shall\\nbe provided by a certified home health agency, hospital, or residential\\nhealth care facility authorized by the commissioner of health under\\narticle thirty-six of the public health law to provide a long term home\\nhealth care program. At the time of the initial assessment and at the\\ntime of each subsequent assessment performed under the provisions of\\nsection thirty-six hundred sixteen of the public health law, or more\\noften if the person's needs require, the official shall establish a\\nmonthly budget in accordance with which he shall authorize payment for\\nthe services provided under that plan. Total monthly expenditures made\\nunder this title for such person shall not exceed a maximum of\\nseventy-five per cent, or such lesser percentage as may be determined by\\nthe commissioner, of the average of the monthly rates paid under this\\ntitle for the provision of health related care and services in\\nintermediate care facilities within the social services district for\\nwhich the official has authority. However, if a continuing assessment of\\nthe person's needs demonstrates that he requires increased services, the\\nsocial services official may authorize the expenditure of any amount\\naccrued under this section during the past twelve months as a result of\\nthe expenditures for that person not exceeding such maximum. If an\\nassessment of the person's needs demonstrates that he requires services\\nthe payment for which would exceed such monthly maximum, but it can be\\nreasonably anticipated that total expenditures for required services for\\nsuch person will not exceed such maximum calculated over a one year\\nperiod, the social services official may authorize payment for such\\nservices.\\n 3-a. (a) Notwithstanding any inconsistent provision of this section,\\nthe commissioner is authorized and directed to establish a demonstration\\nprogram for the purpose of determining the impact of raising the\\nlimitation on expenditures for the delivery of long term home health\\ncare services to persons with special needs as defined in this\\nsubdivision. Pursuant to such program, the commissioner shall permit\\nlocal social services officials to authorize, at their discretion, and\\nonly after a determination that the maximum expenditure available\\npursuant to subdivisions two and three of this section is not sufficient\\nto provide or continue to provide long term home health care services to\\npersons with special needs, maximum monthly expenditures for services\\nunder this title to such persons, not to exceed one hundred percent of\\nthe average of the monthly rates payable under this title for services\\nin a nursing home or intermediate care facility within the social\\nservices district for which the social services official has authority.\\nHowever, if a continuing assessment of a person with special needs\\ndemonstrates that he requires increased services, the social services\\nofficial may authorize the expenditure of any amount accrued under this\\nsection during the past twelve months as a result of the expenditures\\nfor that person not having exceeded such maximum. If an assessment of a\\nperson with special needs demonstrates that he requires increased\\nservices the payment for which would exceed such monthly maximum, but it\\ncan be reasonably anticipated that total expenditures for required\\nservices for such person will not exceed such maximum calculated over a\\none year period, the social services official may authorize payment for\\nsuch services.\\n (b) As used in this subdivision, the term \"person with special needs\"\\nshall mean a person for whom a plan of care has been developed pursuant\\nto subdivision two or three of this section who (1) needs care including\\nbut not limited to respiratory therapy, tube feeding, decubitus care or\\ninsulin therapy which cannot be appropriately provided by a personal\\ncare aide as defined in regulations issued by the commissioner, or (2)\\nhas one or more of the following conditions: mental disability as\\ndefined in section 1.03 of the mental hygiene law, acquired immune\\ndeficiency syndrome, or dementias, including Alzheimer's disease.\\n (c) The number of persons with special needs for whom a local social\\nservices official may authorize payment for services pursuant to\\nparagraph (a) of this subdivision shall be limited to twenty-five\\npercent of the total number of persons, all long term home health care\\nprograms, within a social services district are authorized to serve;\\nprovided, however, in any district containing a city having a population\\nof one million or more, such limit shall be fifteen percent.\\n (d) In the event that a district reaches the limitation specified in\\nparagraph (c) of this subdivision, the local social services official\\nmay, upon the approval of the commissioner, authorize payment for\\nservices, pursuant to paragraph (a) of this subdivision, for additional\\npersons with special needs.\\n 4. Notwithstanding any inconsistent provision of this section, if two\\nmembers of this same household, eligible to receive services under this\\ntitle, require care and services in either a nursing home or an\\nintermediate care facility, and assessments conducted pursuant to the\\nprovisions of this section indicate that such persons can receive the\\nappropriate level of care at home, then such care may be provided at\\nhome where total monthly expenditures made under this title for such\\npersons shall not exceed a maximum of seventy-five percent, or such\\nlesser percentage as may be determined by the commissioner, of the\\nmonthly rates which would be payable under this title for both members\\nof the household for nursing home and/or intermediate care facility\\nservices within the social services district. If assessments of such\\npersons' needs demonstrate that they require services the payment for\\nwhich would exceed such monthly maximum, but it can be reasonably\\nanticipated that total expenditures for required services for such\\npersons will not exceed the maximum calculated over a one year period, a\\nsocial services official may authorize payment for such services.\\n 5. If a person eligible to receive services under the provisions of\\nthis title who is medically eligible for care, treatment, maintenance,\\nnursing or other services in a nursing home or is medically eligible for\\nhealth related care and services in an intermediate care facility\\ndesires to and is deemed by his or her physician able to remain in an\\nadult care facility, other than a shelter for adults, which is able and\\nwilling to retain such person if the necessary services are provided,\\nsuch person or his or her representatives shall so inform the local\\nsocial services official. If a long term home health care program is\\nprovided in a social services district, an official of such district\\nshall authorize an assessment under the provisions of section three\\nthousand six hundred sixteen of the public health law. If the results of\\nthe assessment indicate that the person can receive the appropriate\\nlevel of care at such location, and meets the appropriate standards for\\ncontinued stay for such facility as are established by law and\\nregulation, such official shall prepare for that person a plan for the\\nprovision of services. In developing such plan, the official shall\\nconsult with those persons performing the assessment and with the\\noperator of the adult care facility. The services shall be provided by a\\nlong term home health care program authorized pursuant to article\\nthirty-six of the public health law, provided, however that\\nnotwithstanding the provisions of section three thousand six hundred\\nsixteen of such law, services shall not be provided prior to the\\ncompletion of the assessment. At the time of the initial assessment and\\nat the time of each subsequent assessment performed under the provisions\\nof section three thousand six hundred sixteen of the public health law,\\nor more often if the person's needs require, the official shall\\nestablish a monthly budget in accordance with which he shall authorize\\npayment for the services provided under that plan, provided, however\\nthat no services shall be authorized in the plan which the operator of\\nthe facility is required by law and regulation to provide. The long term\\nhome health care program providing services authorized in such plan\\nshall be solely responsible for managing and providing or arranging for\\nsuch authorized services. The operator of the adult care facility shall\\nbe solely responsible for managing and providing those services which\\nthe facility is required by law or regulation to provide. However, the\\ntwo entities shall collaborate to assure coordination. Total monthly\\nexpenditures made under this title for such person shall not exceed a\\nmaximum of fifty percent, or such lesser percentage as may be determined\\nby the commissioner, of the average of the monthly rates paid under this\\ntitle for the provision of nursing home services or health related care\\nand services in intermediate care facilities, whichever is appropriate,\\nwithin the social services district for which the official has\\nauthority. However, if a continuing assessment of the person's needs\\ndemonstrates that he or she requires increased services, the social\\nservices official may authorize the expenditure of any amount accrued\\nunder this section during the past twelve months as a result of the\\nexpenditures for that person not exceeding such maximum. If an\\nassessment of the person's needs demonstrates that he or she requires\\nservices the payment for which would exceed such monthly maximum, but it\\ncan be reasonably anticipated that total expenditures for required\\nservices for such person will not exceed such maximum calculated over a\\none year period, the social services official may authorize payment for\\nsuch services. The provisions of this subdivision shall not be deemed to\\nalter standards for admission to an adult care facility nor shall the\\nadmission of a person into such facility be contingent on such person's\\nenrollment in a long term home health care program.\\n 6. Notwithstanding any inconsistent provision of law but subject to\\nexpenditure limitations of this section, the commissioner, subject to\\nthe approval of the state director of the budget, may authorize the\\nutilization of medical assistance funds to pay for services provided by\\nspecified long term home health care programs in addition to those\\nservices included in the medical assistance program under section three\\nhundred sixty-five-a of this chapter, so long as federal financial\\nparticipation is available for such services. Expenditures made under\\nthis subdivision shall be deemed payments for medical assistance for\\nneedy persons and shall be subject to reimbursement by the state in\\naccordance with the provisions of section three hundred sixty-eight-a of\\nthis chapter.\\n 7. No social services district shall make payments pursuant to title\\nXIX of the federal Social Security Act for benefits available under\\ntitle XVIII of such act without documentation that title XVIII claims\\nhave been filed and denied.\\n 8. No social services district shall make payment for a person\\nreceiving a long term home health care program while payments are being\\nmade for that person for inpatient care in a residential health care\\nfacility or hospital.\\n 9. The commissioner, together with the commissioner of health, shall\\nsubmit a report to the governor, president pro tem of the senate and\\nspeaker of the assembly by the first day of February, nineteen hundred\\neighty, on the implementation of this section. Such report shall include\\na statement of the scope and status of long term home health care\\nprograms, the extent to which such programs have affected\\ninstitutionalization, the costs associated with such programs, any\\nrecommendations for legislative action, and such other matters as may be\\npertinent.\\n 10. This section shall be effective if, and as long as, federal aid is\\navailable therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-D", "title" : "Personal care need determination", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-D", "activeDate" : "2014-09-22", "sequenceNo" : 409, "repealedDate" : null, "fromSection" : "367-D", "toSection" : "367-D", "text" : " * § 367-d. Personal care need determination. The commissioner shall\\nannually determine the statewide need for personal care services for all\\nrecipients except for those receiving personal care services pursuant to\\nsection three hundred sixty-seven-c of this article and for those\\nrecipients who are receiving personal care services and residing in\\nfamily care homes or community residences as defined in subdivision\\ntwenty-eight-a of section 1.03 of the mental hygiene law certified by\\nthe office of mental health and the office of mental retardation and\\ndevelopmental disabilities. In determining such need the commissioner\\nshall consider such factors as the population characteristics, poverty\\nlevels, the availability of informal support and other health care\\nresources, related demographic data, and such other factors the\\ncommissioner deems pertinent for this purpose. The need for personal\\ncare services, as used in this section, shall be expressed in hourly\\nunits of service and the total number of personal care service units\\nestablished pursuant to this section shall be allocated to each social\\nservices district on the same basis as the statewide need is determined.\\nSuch allocations shall be in effect for the period April first through\\nMarch thirty-first of the following year and shall be made available to\\neach social services district prior to April first of each year, except\\nthat during calendar year nineteen hundred eighty-three, such\\nallocations shall be made available within thirty days after enactment\\nof this section but no earlier than April first. Within thirty days of\\nreceipt of a written request to the department made by a local social\\nservices commissioner the department shall provide all documentation\\nused as the basis for determining aggregate statewide as well as their\\nindividual district allocations determined pursuant to this section.\\n * NB Expired March 31, 1985\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-E", "title" : "Payment for AIDS home care programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-08-04" ], "docLevelId" : "367-E", "activeDate" : "2017-08-04", "sequenceNo" : 410, "repealedDate" : null, "fromSection" : "367-E", "toSection" : "367-E", "text" : " § 367-e. Payment for AIDS home care programs. 1. If an AIDS home care\\nprogram as defined under article thirty-six of the public health law is\\nprovided in the social services district for which he has authority, the\\nlocal social services official, before he authorizes care in a nursing\\nhome or intermediate care facility or before he authorizes home health\\nservices or personal care services for a person eligible to receive\\nservices under this title, shall notify the person in writing of the\\nprovisions of this section.\\n 2. If a person eligible to receive services under the provisions of\\nthis title desires to remain and is deemed by his physician able to\\nremain in his own home or the home of a responsible relative or other\\nresponsible adult if the necessary services are provided, such person or\\nhis representative shall so inform the local social services official.\\nIf an AIDS home care program as defined under article thirty-six of the\\npublic health law is provided in the social services district for which\\nhe has authority, such official shall authorize an assessment under the\\nprovision of section three thousand six hundred sixteen of the public\\nhealth law. If the results of the assessment indicate that the person\\ncan receive the appropriate level of care at home, the official shall\\nprepare for that person a plan for the provision of services comparable\\nto those that would be rendered in a hospital or residential health care\\nfacility, as appropriate for the patient. In developing such plan, the\\nofficial shall consult with those persons performing the assessment and\\nshall assure that such plan is appropriate to the patient's needs and\\nwill result in an efficient use of services. The services shall be\\nprovided by a long term home health care program authorized by the\\ncommissioner of health under article thirty-six of the public health law\\nto provide an AIDS home care program.\\n 3. The commissioner shall apply for any waivers, including home and\\ncommunity based services waivers pursuant to section nineteen hundred\\nfifteen-c of the social security act, necessary to implement AIDS home\\ncare programs. Notwithstanding any inconsistent provision of law but\\nsubject to expenditure limitations of this section, the commissioner,\\nsubject to the approval of the state director of the budget, may\\nauthorize the utilization of medical assistance funds to pay for\\nservices provided by AIDS home care programs in addition to those\\nservices included in the medical assistance program under section three\\nhundred sixty-five-a of this chapter, so long as federal financial\\nparticipation is available for such services. Expenditures made under\\nthis subdivision shall be deemed payments for medical assistance for\\nneedy persons and shall be subject to reimbursement by the state in\\naccordance with the provisions of section three hundred sixty-eight-a of\\nthis chapter.\\n 4. No social services district shall make payment for a person\\nreceiving an AIDS home care program while payments are being made for\\nthat person for inpatient care in a residential health care facility or\\nhospital.\\n 6. This section shall be effective if, and as long as, federal\\nfinancial participation is available.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-F", "title" : "Partnership for long term care program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-F", "activeDate" : "2014-09-22", "sequenceNo" : 411, "repealedDate" : null, "fromSection" : "367-F", "toSection" : "367-F", "text" : " § 367-f. Partnership for long term care program. 1. Definitions. As\\nused in this section: (a) \"Medicaid extended coverage\" shall mean\\neligibility for medical assistance (i) without regard to the resource\\nrequirements of section three hundred sixty-six of this title, or in the\\ncase of an individual covered under an insurance policy or certificate\\ndescribed in subdivision two of this section that provided a residential\\nhealth care facility benefit less than two years in duration, without\\nconsideration of an amount of resources equivalent to the value of\\nbenefits received by the individual under such policy or certificate, as\\ndetermined under the rules of the partnership for long-term care\\nprogram; (ii) without regard to the recovery of medical assistance from\\nthe estates of individuals and the imposition of liens on the homes of\\npersons pursuant to section three hundred sixty-nine of this title, with\\nrespect to resources exempt from consideration pursuant to subparagraph\\n(i) of this paragraph; provided, however, that nothing in this section\\nshall prevent the imposition of a lien or recovery against property of\\nan individual on account of medical assistance incorrectly paid; and\\n(iii) based on an income eligibility standard for married couples equal\\nto the amount of the minimum monthly maintenance needs allowance defined\\nin paragraph (h) of subdivision two of section three hundred sixty-six-c\\nof this title, and for single individuals equal to one-half of such\\namount; provided, however, that the commissioner of health shall not be\\nrequired to implement the provisions of this subparagraph if the use of\\nsuch income eligibility standards will result in a loss of federal\\nfinancial participation in the costs of Medicaid extended coverage\\nfurnished in accordance with subparagraphs (i) and (ii) of this\\nparagraph.\\n (b) \"Long term care services\" shall include, but not be limited to\\ncare, treatment, maintenance, and services: provided in a nursing\\nfacility licensed under article twenty-eight of the public health law;\\nprovided by a home care services agency, certified home health agency or\\nlong term home health care program, as defined in section thirty-six\\nhundred two of the public health law; provided by an adult day health\\ncare program in accordance with regulations of the department of health;\\nor provided by a personal care provider licensed or regulated by any\\nother state or local agency; and such other services for which medical\\nassistance is otherwise available under this chapter which are\\ndesignated as long term care services in law or regulations of the\\ndepartment of health.\\n 2. Notwithstanding any inconsistent provision of this chapter or any\\nother law to the contrary, the partnership for long term care program\\nshall provide Medicaid extended coverage to a person receiving long term\\ncare services if there is federal participation pursuant to such\\ntreatment and such person: (a) is or was covered by an insurance policy\\nor certificate providing coverage for long term care which meets the\\napplicable minimum benefit standards of the superintendent of financial\\nservices and other requirements for approval of participation under the\\nprogram; and, (b) has exhausted the coverage and benefits as required by\\nthe program.\\n 3. Notwithstanding any inconsistent provision of this chapter or any\\nother law to the contrary, the commissioner of health, in consultation\\nwith the superintendent of financial services and the director of the\\nbudget, may enter into reciprocal agreements with other states which\\nadminister partnership for long term care programs under which\\npurchasers of policies in those states with comparable benefits to\\npolicies available in this state shall be eligible for Medicaid extended\\ncoverage in this state so long as purchasers of policies in this state\\nwith comparable benefits to policies available in such state or states\\nshall be eligible for Medicaid extended coverage in such state or\\nstates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-G", "title" : "Authorization and provision of personal emergency response services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-G", "activeDate" : "2014-09-22", "sequenceNo" : 412, "repealedDate" : null, "fromSection" : "367-G", "toSection" : "367-G", "text" : " § 367-g. Authorization and provision of personal emergency response\\nservices. 1. Personal care services and home health services shall\\ninclude, where appropriate as determined by the social services\\ndistrict, the provision of personal emergency response services and\\nshared aide services pursuant to the provisions of subdivision two of\\nsection three hundred sixty-five-a of this chapter. For the purpose of\\nthis section, \"personal emergency response services\" shall mean (a) the\\nprovision and maintenance of electronic communication equipment in the\\nhome of an individual which signals a monitoring agency for help when\\nactivated by the individual, or after a period of time if a timer\\nmechanism has not been reset, or by any other activating method; and (b)\\nthe continuous monitoring of such signals by a trained operator and, in\\ncase of receipt of such signal, the immediate notification of such\\nemergency response organizations or persons, if necessary, as the\\nindividual has previously specified.\\n 2. The commissioner shall maintain standards for social services\\ndistrict's use and approval of personal emergency response services and\\nshared aide services, which shall include, but need not be limited to\\ndepartment standards:\\n (a) for the personal emergency response system equipment used to\\nensure its reliability and appropriate design for the purpose;\\n (b) providing that use of personal emergency response services or\\nshared aide services are part of a plan of care for the recipient that\\nis based on the comprehensive assessment that such recipient has a\\nmedical condition, disability or impairment that warrants use of the\\nservice;\\n (c) requiring that the provider of the personal emergency response\\nservice have sufficient qualifications and expertise, adequate\\ninformation on the client and the plan of care, and the capacity to\\nprovide timely information on calls received to the social services\\ndistrict or its designee;\\n (d) for coordination between the social services districts and the\\nemergency response organization, as well as guidelines for regular\\nupdating of information on recipients receiving such service;\\n (e) with respect to appropriate supervision and safety for recipients\\nreceiving personal emergency response service or shared aide services;\\n (f) assuring that the assessment determines that the recipient can\\nadequately utilize the personal emergency response system;\\n (g) assuring that personal emergency response services or shared aide\\nservices are medically appropriate, can meet the needs of the recipient\\nfor home care tasks, ensure the quality of the recipient's care and will\\nnot jeopardize the health or safety of the recipient;\\n (h) for determining the geographic appropriateness, in relation to\\nstaffing, of providing shared aide services and assuring that providers\\nof home care services and districts consider the impact of the site\\nselection on the staff who will be assigned to work at a shared aide\\nsite and that such staff, and any employee organization representing\\nsuch staff where appropriate, are consulted with respect to the\\nmanagement and operation of a shared aide site;\\n (i) assuring that social services districts have a plan for providing\\ninformation to consumers and their representatives concerning personal\\nemergency response services and shared aide services, including\\ninformation on how to express concerns about the service which they are\\nreceiving.\\n 3. The department shall establish and issue the standards required\\nunder subdivision two hereof to social services districts on or before\\nthe first day of August of nineteen hundred ninety-five, after first\\nseeking public comment thereon. The department, after consultation with\\nrepresentatives of social services districts, home health and personal\\ncare provider agencies and workers, providers of personal emergency\\nresponse services and elderly or disabled persons who are receiving such\\nservices shall prepare a report to the governor and the legislature by\\nApril first, nineteen hundred ninety-six outlining any changes which are\\ndeemed appropriate to the standards for personal emergency response\\nservices and shared aide services which have been established by the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-H", "title" : "Payment for assisted living programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-H", "activeDate" : "2014-09-22", "sequenceNo" : 413, "repealedDate" : null, "fromSection" : "367-H", "toSection" : "367-H", "text" : " § 367-h. Payment for assisted living programs. 1. Subject to the\\napproval of the state director of the budget, the commissioner may\\nauthorize the payment of medical assistance funds for assisted living\\nprograms, as defined in section four hundred sixty-one-l of this\\nchapter, in accordance with capitated rates of payment established\\npursuant to subdivision six of section thirty-six hundred fourteen of\\nthe public health law.\\n 2. No assisted living program shall cease providing services to a\\nmedical assistance recipient solely because the cost of his or her care\\nexceeds the amount of such capitated payments.\\n 3. No medical assistance payments shall be made pursuant to this\\nsection while payments are also being made for inpatient care in a\\nresidential health care facility or hospital with respect to the same\\nperson.\\n 4. This section shall be effective if, and as long as, federal\\nfinancial participation is available for medical assistance expenditures\\nmade pursuant to it.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-I", "title" : "Personal care services provider assessments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-I", "activeDate" : "2014-09-22", "sequenceNo" : 414, "repealedDate" : null, "fromSection" : "367-I", "toSection" : "367-I", "text" : " § 367-i. Personal care services provider assessments. 1. Providers of\\npersonal care services, excepting those certified under article\\nthirty-six of the public health law, are charged assessments on their\\ngross receipts received from all personal care services and other\\noperating income on a cash basis in the percentage amounts and for the\\nperiods specified in subdivision two of this section. Such assessments\\nshall be submitted by or on behalf of such personal care services\\nproviders to the commissioner of health or his/her designee.\\n 2. (a) The assessment shall be six-tenths of one percent of each such\\nprovider's gross receipts received from all personal care services and\\nother operating income on a cash basis beginning January first, nineteen\\nhundred ninety-one; provided, however, that for all such gross receipts\\nreceived on or after April first, nineteen hundred ninety-nine, such\\nassessment shall be two-tenths of one percent, and further provided that\\nsuch assessment shall expire and be of no further effect for all such\\ngross receipts received on or after January first, two thousand.\\n (b) Notwithstanding any contrary provisions of this section or any\\nother contrary provision of law or regulation, the assessment shall be\\nthirty-five hundredths of one percent of each such provider's gross\\nreceipts from all personal care services and other operating income on a\\ncash basis for periods on and after April first, two thousand nine.\\n 3. Gross receipts received from all personal care services and other\\noperating income for purposes of the assessments pursuant to this\\nsection shall include, but not be limited to, all monies received for or\\non account of personal care services, provided, however, that subject to\\nthe provisions of subdivision eleven of this section income received\\nfrom grants, charitable contributions, donations and bequests and\\ngovernmental deficit financing shall not be included, and provided\\nfurther, however, that moneys received from a certified home health\\nagency or a provider of a long term home health care program assessed on\\nsuch moneys pursuant to section thirty-six hundred fourteen-a of the\\npublic health law shall not be included.\\n 4. Estimated payments by or on behalf of such personal care services\\nproviders to the commissioner of health or his/her designee of funds due\\nfrom the assessments pursuant to subdivision two of this section shall\\nbe made on a monthly basis. Estimated payments shall be due on or before\\nthe fifteenth day following the end of a calendar month to which an\\nassessment applies.\\n 5. (a) If an estimated payment made for a month to which an assessment\\napplies is less than seventy percent of an amount the commissioner of\\nhealth determines is due, based on evidence of prior period moneys\\nreceived by a personal care services provider or evidence of moneys\\nreceived by such personal care services provider for that month, the\\ncommissioner of health may estimate the amount due from such personal\\ncare services provider and may collect the deficiency pursuant to\\nparagraph (c) of this subdivision.\\n (b) If an estimated payment made for a month to which an assessment\\napplies is less than ninety percent of an amount the commissioner of\\nhealth determines is due, based on evidence of prior period moneys\\nreceived by a personal care services provider or evidence of moneys\\nreceived by such personal care services provider for that month, and at\\nleast two previous estimated payments within the preceding six months\\nwere less than ninety percent of the amount due, based on similar\\nevidence, the commissioner of health may estimate the amount due from\\nsuch personal care services provider and may collect the deficiency\\npursuant to paragraph (c) of this subdivision.\\n (c) Upon receipt of notification from the commissioner of health of a\\nprovider's deficiency under this section, the comptroller or a fiscal\\nintermediary designated by the director of the budget, or the\\ncommissioner of social services, or a corporation organized and\\noperating in accordance with article forty-three of the insurance law,\\nor an organization operating in accordance with article forty-four of\\nthe public health law shall withhold from the amount of any payment to\\nbe made by the state or by such article forty-three corporation or\\narticle forty-four organization to the provider the amount of the\\ndeficiency determined under paragraph (a) or (b) of this subdivision or\\nparagraph (e) of subdivision six of this section. Upon withholding such\\namount, the comptroller or a designated fiscal intermediary, or the\\ncommissioner of social services, or corporation organized and operating\\nin accordance with article forty-three of the insurance law or\\norganization operating in accordance with article forty-four of the\\npublic health law shall pay the commissioner of health, or his designee,\\nsuch amount withheld on behalf of the provider.\\n (d) The commissioner of health shall provide a provider with notice of\\nany estimate of an amount due for an assessment pursuant to paragraph\\n(a) or (b) of this subdivision or paragraph (e) of subdivision six of\\nthis section at least three days prior to collection of such amount by\\nthe commissioner of health. Such notice shall contain the financial\\nbasis for the commissioner of health's estimate.\\n (e) In the event a provider objects to an estimate by the commissioner\\nof health pursuant to paragraph (a) or (b) of this subdivision or\\nparagraph (e) of subdivision six of this section of the amount due for\\nan assessment, the provider, within sixty days of notice of an amount\\ndue, may request a public hearing. If a hearing is requested, the\\ncommissioner of health shall provide the provider an opportunity to be\\nheard and to present evidence bearing on the amount due for an\\nassessment within thirty days after collection of an amount due or\\nreceipt of a request for a hearing, whichever is later. An\\nadministrative hearing is not a prerequisite to seeking judicial relief.\\n (f) The commissioner of health may direct that a hearing be held\\nwithout any request by a personal care services provider.\\n 6. (a) Every personal care services provider shall submit reports on a\\ncash basis of actual gross receipts received from all patient care\\nservices and operating income for each month as follows:\\n (i) for the period January first, nineteen hundred ninety-one through\\nJanuary thirty-first, nineteen hundred ninety-one, the report shall be\\nfiled on or before March fifteenth, nineteen hundred ninety-one; and\\n (ii) for the quarter year ending March thirty-first, nineteen hundred\\nninety-one and for each quarter thereafter, the report shall be filed on\\nor before the forty-fifth day after the end of such quarter.\\n (b) Every personal care services provider shall submit a certified\\nannual report on a cash basis of gross receipts received in such\\ncalendar year from all patient care services and operating income.\\n (c) The reports shall be in such form as may be prescribed by the\\ncommissioner of health to accurately disclose information required to\\nimplement this section.\\n (d) Final payments shall be due for all personal care services\\nproviders for the assessments pursuant to subdivision two of this\\nsection upon the due date for submission of the applicable quarterly\\nreport.\\n (e) The commissioner of health may recoup deficiencies in final\\npayments pursuant to paragraph (c) of subdivision five of this section.\\n 7. (a) If an estimated payment made for a month to which an assessment\\napplies is less than ninety percent of the actual amount due for such\\nmonth, interest shall be due and payable to the commissioner of health\\non the difference between the amount paid and the amount due from the\\nday of the month the estimated payment was due until the date of\\npayment. The rate of interest shall be twelve percent per annum or at\\nthe rate of interest set by the commissioner of taxation and finance\\nwith respect to underpayments of tax pursuant to subsection (e) of\\nsection one thousand ninety-six of the tax law minus four percentage\\npoints. Interest under this paragraph shall not be paid if the amount\\nthereof is less than one dollar. Interest, if not paid by the due date\\nof the following month's estimated payment, may be collected by the\\ncommissioner of health pursuant to paragraph (c) of subdivision five of\\nthis section in the same manner as an assessment pursuant to subdivision\\ntwo of this section.\\n (b) If an estimated payment made for a month to which an assessment\\napplies is less than seventy percent of the actual amount due for such\\nmonth, a penalty shall be due and payable to the commissioner of health\\nof five percent of the difference between the amount paid and the amount\\ndue for such month when the failure to pay is for a duration of not more\\nthan one month after the due date of the payment with an additional five\\npercent for each additional month or fraction thereof during which such\\nfailure continues, not exceeding twenty-five percent in the aggregate. A\\npenalty may be collected by the commissioner of health pursuant to\\nparagraph (c) of subdivision five of this section in the same manner as\\nan assessment pursuant to subdivision two of this section.\\n (c) Overpayment by a personal care services provider of an estimated\\npayment shall be applied to any other payment due from the personal care\\nservices provider pursuant to this section, or, if no payment is due, at\\nthe election of the personal care services provider shall be applied to\\nfuture estimated payments or refunded to the personal care services\\nprovider. Interest shall be paid on overpayments from the date of\\noverpayment to the date of crediting or refund at the rate determined in\\naccordance with paragraph (a) of this subdivision if the overpayment was\\nmade at the direction of the commissioner of health. Interest under this\\nparagraph shall not be paid if the amount thereof is less than one\\ndollar.\\n 8. Funds accumulated, including income from invested funds, from the\\nassessments specified in this section, including interest and penalties,\\nshall be deposited by the commissioner of health and credited to the\\ngeneral fund.\\n 9. Notwithstanding any inconsistent provision of law or regulation to\\nthe contrary, the assessments pursuant to this section shall not be an\\nallowable cost in the determination of reimbursement rates pursuant to\\nthis article.\\n 10. The assessment shall not be collected in excess of twelve million\\ndollars from such providers for the period of January first, nineteen\\nhundred ninety-one through March thirty-first, nineteen hundred\\nninety-two. The amount of the assessment collected pursuant to\\nsubdivision two of this section in excess of twelve million dollars\\nshall be refunded to providers by the commissioner of health based on\\nthe ratio which a provider's assessment for such period bears to the\\ntotal of the assessments for such period paid by such providers.\\n 11. Each exclusion of sources of gross receipts received from the\\nassessments effective on or after April first, nineteen hundred\\nninety-two established pursuant to this section shall be contingent upon\\neither: (a) qualification of the assessments for waiver pursuant to\\nfederal law and regulation; or (b) consistent with federal law and\\nregulation, not requiring a waiver by the secretary of the department of\\nhealth and human services related to such exclusion; in order for the\\nassessments under this section to be qualified as a broad-based health\\ncare related tax for purposes of the revenues received by the state\\npursuant to the assessments not reducing the amount expended by the\\nstate as medical assistance for purposes of federal financial\\nparticipation. The commissioner of health shall collect the assessments\\nrelying on such exclusions, pending any contrary action by the secretary\\nof the department of health and human services. In the event the\\nsecretary of the department of health and human services determines that\\nthe assessments do not so qualify based on any such exclusion, then the\\nexclusion shall be deemed to have been null and void as of April first,\\nnineteen hundred ninety-two, and the commissioner of health shall\\ncollect any retroactive amount due as a result, without interest or\\npenalty provided the personal care services provider pays the\\nretroactive amount due within ninety days of notice from the\\ncommissioner of health to the provider that an exclusion is null and\\nvoid. Interest and penalties shall be measured from the due date of\\nninety days following notice from the commissioner of health to the\\nprovider.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-O", "title" : "Health insurance demonstration programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21" ], "docLevelId" : "367-O", "activeDate" : "2015-08-21", "sequenceNo" : 415, "repealedDate" : null, "fromSection" : "367-O", "toSection" : "367-O", "text" : " § 367-o. Health insurance demonstration programs. 1. Notwithstanding\\nany inconsistent provision of law, the commissioner of health is\\nauthorized to establish one or more demonstration programs for the\\npurposes of providing additional knowledge and experience in mechanisms\\nto provide, maintain or subsidize health insurance coverage for\\nunemployed and underemployed health care workers.\\n 2. Health insurance continuation demonstration. (a) The commissioner\\nof health is hereby authorized to establish mechanisms to improve the\\nprocess of authorizing medical assistance payment of health insurance\\npremiums, pursuant to paragraph (c) of subdivision one of section three\\nhundred sixty-seven-a of this title, on behalf of personal care and home\\nhealth care workers who reside in any city with a population of one\\nmillion or more and any county with a population of nine hundred\\nthousand or more if such city or county is located within the\\nmetropolitan commuter transportation district created pursuant to\\nsection twelve hundred sixty-two of the public authorities law, and\\nwhose employment is irregular, episodic, or cyclical, and whose health\\ninsurance coverage therefore is frequently disrupted. Notwithstanding\\nthe provisions of section three hundred sixty-five of this title, the\\ncommissioner of health shall exercise discretion to determine whether\\nmedical assistance payment of such premiums is cost effective. If the\\ncommissioner of health determines that the test of cost effectiveness of\\ninsurance premiums is based on other than a case-by-case basis, no\\nmedical assistance payment for such premiums will be made until the\\ncommissioner of health obtains all necessary approvals under federal law\\nand regulation to receive federal financial participation in the costs\\nof such medical assistance.\\n (b) The commissioner of health is authorized in consultation with the\\nsuperintendent of financial services to require group health insurance\\nplans and employer-based group health plans to report to the department\\nor its designee, insofar as such reporting does not violate any\\nprovisions of the federal Employee Retirement Income Security Act of\\n1974 (ERISA), at such times and in such manner as the commissioner of\\nhealth shall decide, any information needed to operate such a\\ndemonstration project, including, but not limited to, the number of\\npersons in such plans who become ineligible each month for the\\ncontinuation coverage described in paragraph (a) of this subdivision. In\\naddition, every health maintenance organization certified under article\\nforty-four of the public health law and every insurer licensed by the\\nsuperintendent of financial services shall submit reports to the\\nsuperintendent and to the commissioner of health in such form and at\\nsuch times as may be required to implement the provisions of this\\nsubdivision.\\n 3. Rate incentive demonstration. With respect to a demonstration\\nprogram authorized by subdivision one of this section, the commissioner\\nof health may solicit and accept applications for participation in the\\ndemonstration program from any employer, or group of employers, of\\npersonal care workers or home health workers, who are employed in any\\ncity with a population of one million or more and any county with a\\npopulation of nine hundred thousand or more if such city or county is\\nlocated within the metropolitan commuter transportation district created\\npursuant to section twelve hundred sixty-two of the public authorities\\nlaw, and whose employers provide services primarily to medical\\nassistance recipients, if the following conditions are met:\\n (a) at least fifty percent of the persons receiving services from such\\nemployers are recipients of medical assistance;\\n (b) the employer contributes to a group health insurance plan or\\nemployer based group health plan on behalf of such employees; and\\n (c) no benefits are provided under the group health insurance plan or\\nemployer based group health plan in excess of the benefits provided to\\nthe majority of hospital workers in the community in which the personal\\ncare and home health care workers are employed. The commissioner of\\nhealth is authorized to add up to fifty-eight million dollars per year\\nfor the period January first, two thousand through December\\nthirty-first, two thousand two, and up to one hundred sixty-three\\nmillion dollars per year for the period January first, two thousand\\nthree through June thirtieth, two thousand seven, to rates of payment\\nfor qualifying personal care providers and certified home health\\nagencies who are approved to participate in the demonstration program.\\nThe commissioner may modify the amounts made available for any specific\\nannual period so long as the total amount made available for the period\\nof the demonstration is not exceeded.\\n 3-a. (a) Notwithstanding subdivision three of this section or any\\nother contrary provision of law and subject to the availability of\\nfederal financial participation, the commissioner of health shall, for\\nperiods on and after July first, two thousand seven through March\\nthirty-first, two thousand eight, and within amounts appropriated,\\nadjust rates of payments for certified home health agencies and\\nproviders of personal care services who, (i) are located in a city with\\na population of over one million persons, or in a county with a\\npopulation of over nine hundred thousand persons if such county is\\nlocated within the metropolitan commuter transportation district created\\npursuant to section twelve hundred sixty-two of the public authorities\\nlaw; and (ii) provide more than fifty percent of their total annual\\nhours of home care services to recipients of medical assistance; and\\n(iii) contribute, as of July first, two thousand seven, to a group\\nhealth insurance plan or employer based group health plan on behalf of\\ntheir employees.\\n (b) Payments made pursuant to this subdivision to eligible providers\\nshall be made proportionally in the form of an add-on to rates of\\npayment, based on each eligible provider's most currently available\\ntotal annual hours of home care services, as reported to the department,\\nprovided to recipients of medical assistance.\\n (c) Providers which have their rates of payment adjusted pursuant to\\nthis subdivision shall use such funds solely for the purpose of\\nsupporting health insurance coverage for their employees and are\\nprohibited from using such funds for any other purpose. The commissioner\\nof health is authorized to audit such providers for the purpose of\\nensuring compliance with the provisions of this paragraph and shall\\nrecoup any funds determined to have been used for purposes other than as\\nauthorized by this subdivision.\\n 4. Notwithstanding any other law, rule or regulation to the contrary,\\nany subscriber contract issued by an organization certified pursuant to\\narticle forty-four of the public health law may, for purposes of\\nimplementation of the demonstration authorized by subdivision three of\\nthis section, be issued on an experience rated basis.\\n 5. Between January first, two thousand and December thirty-first, two\\nthousand two, the state share amount for all demonstrations pursuant to\\nthis section shall be no more than twenty-seven million dollars per\\ntwelve month period if averaged over the term of the demonstration; and\\nbetween January first, two thousand three and June thirtieth, two\\nthousand seven, the state share amount for all demonstrations pursuant\\nto this section shall be no more than sixty-nine million dollars per\\ntwelve month period if averaged over the term of the demonstration and\\nbetween July first, two thousand seven and March thirty-first, two\\nthousand eight, the state share of medical assistance payments\\nauthorized in accordance with subdivision two of this section shall not\\nexceed two million eight hundred fifty thousand dollars.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-P", "title" : "Responsibilities of local districts for personal care services, home care services and private duty nursing", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-P", "activeDate" : "2014-09-22", "sequenceNo" : 416, "repealedDate" : null, "fromSection" : "367-P", "toSection" : "367-P", "text" : " * § 367-p. Responsibilities of local districts for personal care\\nservices, home care services and private duty nursing. Consistent with\\nthe provisions of section three hundred sixty-seven-n of this title,\\nlocal social services district responsibilities for personal care\\nservices, home care services and private duty nursing shall include the\\nfollowing:\\n (a) local districts with programs which place individuals discharged\\nfrom hospitals solely into certified home health agencies shall ensure\\nthat those individuals are reviewed for possible placement into personal\\ncare services within two weeks of discharge and, if appropriate, placed\\ninto personal care services within four weeks thereof;\\n (b) each local district shall, by September first, nineteen hundred\\nninety-five, review that plan of care for every recipient receiving\\npersonal care on a continuous basis pursuant to sections three hundred\\nsixty-seven-k and three hundred sixty-seven-l of this title;\\n (c) each local district shall ensure access to a consumer directed\\npersonal assistance program operated pursuant to section three hundred\\nsixty-five-f of this title is available in the district to allow persons\\nreceiving home care pursuant to this title to directly arrange and pay\\nfor such care; and\\n (d) local districts shall not restrict, and shall not be restricted\\nfrom approving, the provision of private duty nursing as an alternative\\nto nursing services provided by a home health agency where appropriate\\nand cost-effective pursuant to section three hundred sixty-seven-l.\\n * NB There are 2 § 367-p's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-P*2", "title" : "Payment for limited home care services agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-07-07", "2018-07-06", "2019-07-12", "2021-07-02", "2023-07-07", "2025-05-16" ], "docLevelId" : "367-P*2", "activeDate" : "2021-07-02", "sequenceNo" : 417, "repealedDate" : null, "fromSection" : "367-P*2", "toSection" : "367-P*2", "text" : " * § 367-p. Payment for limited home care services agencies. 1.\\nNotwithstanding any law to the contrary, the commissioner shall, subject\\nto the approval of the director of the budget, establish rates of\\npayment for services provided by limited home care services agencies,\\nlicensed by the department of health pursuant to section thirty-six\\nhundred five of the public health law, to eligible individuals who are\\nresidents of adult homes and enriched housing programs certified by the\\ndepartment in accordance with article seven of this chapter. Services\\nfor which reimbursement shall be available are personal care services\\nprovided directly by the agency and authorized and provided in\\naccordance with the rules and regulations of the department; and the\\nadministration of medications and application of sterile dressings by a\\nregistered nurse provided, however, that the services provided by such\\nagency are not services that must be provided to residents of such\\nfacilities pursuant to article seven of this chapter.\\n 2. Notwithstanding any law to the contrary, a limited home care\\nservices agency licensed by the department of health shall be reimbursed\\nat a rate that is significantly less than the current costs of providing\\nsuch services through a personal care provider or certified home health\\nagency in the same service area.\\n 3. For purposes of this section, an eligible individual means an\\nindividual who is eligible for medical assistance, as determined by the\\nappropriate social services district, which has also determined that\\nsuch individual has a medical need for services and that such\\nindividual's needs can safely and appropriately be met by the limited\\nhome care services agency in the adult home or enriched housing program.\\n 4. Prior to authorizing payment for services provided to an eligible\\nindividual by a limited home care services agency, the appropriate\\nsocial services district must determine that the service proposed to be\\nprovided by such agency is cost-effective in comparison to other\\navailable and appropriate service delivery options available in the\\ndistrict.\\n 5. The commissioner of health shall establish rates of payment for\\nservices provided pursuant to this section by November fifteenth,\\nnineteen hundred ninety-seven.\\n * NB Expires June 30, 2023\\n * NB There are 2 § 367-p's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-Q", "title" : "Personal care services worker recruitment and retention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2020-04-17", "2023-05-12", "2026-06-05" ], "docLevelId" : "367-Q", "activeDate" : "2023-05-12", "sequenceNo" : 418, "repealedDate" : null, "fromSection" : "367-Q", "toSection" : "367-Q", "text" : " § 367-q. Personal care services worker recruitment and retention\\nprogram. 1. The commissioner of health shall, subject to the\\navailability of federal financial participation adjust personal care\\nservices medical assistance rates of payment established pursuant to\\nthis title for personal care services providers located in local social\\nservice districts which do not include a city with a population of over\\none million persons in accordance with subdivisions two and three of\\nthis section for purposes of improving recruitment and retention of\\npersonal care services workers or any worker with direct patient care\\nresponsibility in the following aggregate amounts for the following\\nperiods:\\n (a) for the period April first, two thousand two through December\\nthirty-first, two thousand two, seven million dollars;\\n (b) for the period January first, two thousand three through December\\nthirty-first, two thousand three, fourteen million dollars;\\n (c) for the period January first, two thousand four through December\\nthirty-first, two thousand four, twenty-one million dollars;\\n (d) for the period January first, two thousand five through December\\nthirty-first, two thousand five, twenty-seven million dollars;\\n (e) for the period January first, two thousand six through December\\nthirty-first, two thousand six, thirty-one million dollars, provided\\nhowever that for the period August first, two thousand six through\\nDecember thirty-first, two thousand six, such rate adjustments shall be\\nincreased by an additional aggregate amount of four million dollars;\\n (f) for the period January first, two thousand seven through June\\nthirtieth, two thousand seven, thirteen million five hundred thousand\\ndollars;\\n (g) for the period July first, two thousand seven through March\\nthirty-first, two thousand eight, twenty-six million two hundred fifty\\nthousand dollars;\\n (h) for the period April first, two thousand eight through March\\nthirty-first, two thousand nine, twenty-eight million five hundred\\nthousand dollars;\\n (i) for the period April first, two thousand nine through March\\nthirty-first, two thousand ten, twenty-eight million five hundred\\nthousand dollars;\\n (j) for the period April first, two thousand ten through March\\nthirty-first, two thousand eleven, twenty-eight million five hundred\\nthousand dollars;\\n (k) for the period April first, two thousand eleven through March\\nthirty-first, two thousand twelve, twenty-eight million five hundred\\nthousand dollars;\\n (l) for the period April first, two thousand twelve through March\\nthirty-first, two thousand thirteen, up to twenty-eight million five\\nhundred thousand dollars;\\n (m) for the period April first, two thousand thirteen through March\\nthirty-first, two thousand fourteen, up to twenty-eight million five\\nhundred thousand dollars;\\n (n) for the period April first, two thousand fourteen through March\\nthirty-first, two thousand fifteen, up to twenty-eight million five\\nhundred thousand dollars;\\n (o) for the period April first, two thousand fifteen through March\\nthirty-first, two thousand sixteen, up to twenty-eight million five\\nhundred thousand dollars; and\\n (p) for the period April first, two thousand sixteen through March\\nthirty-first, two thousand seventeen, up to twenty-eight million five\\nhundred thousand dollars;\\n (q) for the period April first, two thousand seventeen through March\\nthirty-first, two thousand eighteen, up to twenty-eight million five\\nhundred thousand dollars;\\n (r) for the period April first, two thousand eighteen through March\\nthirty-first, two thousand nineteen, twenty-eight million five hundred\\nthousand dollars;\\n (s) for the period April first, two thousand nineteen through March\\nthirty-first, two thousand twenty, twenty-eight million five hundred\\nthousand dollars;\\n (t) for the period April first, two thousand twenty through March\\nthirty-first, two thousand twenty-one, up to twenty-eight million five\\nhundred thousand dollars;\\n (u) for the period April first, two thousand twenty-one through March\\nthirty-first, two thousand twenty-two, up to twenty-eight million five\\nhundred thousand dollars;\\n (v) for the period April first, two thousand twenty-two through March\\nthirty-first, two thousand twenty-three, up to twenty-eight million five\\nhundred thousand dollars;\\n (w) for the period April first, two thousand twenty-three through\\nMarch thirty-first, two thousand twenty-four, up to twenty-eight million\\nfive hundred thousand dollars;\\n (x) for the period April first, two thousand twenty-four through March\\nthirty-first, two thousand twenty-five, up to twenty-eight million five\\nhundred thousand dollars;\\n (y) for the period April first, two thousand twenty-five through March\\nthirty-first, two thousand twenty-six, up to twenty-eight million five\\nhundred thousand dollars.\\n 2. Such adjustments to rates of payments shall be allocated\\nproportionally based on each personal care services providers' total\\nannual hours of personal care services provided, as reported in each\\nsuch provider's nineteen hundred ninety-nine cost report as submitted to\\nthe department of health prior to November first, two thousand one,\\nprovided, however, that for periods on and after July first, two\\nthousand seven, such payments shall be in the form of a percentage\\nadd-on to rates of payments of eligible providers based on the\\nproportion of each personal care services providers' total annual hours\\nof personal care services provided to recipients of medical assistance\\nto the total annual hours of personal care services provided by such\\nproviders.\\n 3. Payments made pursuant to this section shall not be subject to\\nsubsequent adjustment or reconciliation.\\n 4. Personal care services providers which have their rates adjusted\\npursuant to this section shall use such funds for the purpose of\\nrecruitment and retention of non-supervisory personal care services\\nworkers or any worker with direct patient care responsibility only and\\nare prohibited from using such funds for any other purpose. Each such\\npersonal care services provider shall submit, at a time and in a manner\\nto be determined by the commissioner of health, a written certification\\nattesting that such funds will be used solely for the purpose of\\nrecruitment and retention of non-supervisory personal care services\\nworkers or any worker with direct patient care responsibility. The\\ncommissioner of health is authorized to audit each such provider to\\nensure compliance with the written certification required by this\\nsubdivision and shall recoup any funds determined to have been used for\\npurposes other than recruitment and retention of non-supervisory\\npersonal care services workers or any worker with direct patient care\\nresponsibility. Such recoupment shall be in addition to any other\\npenalties provided by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-R", "title" : "Private duty nursing services worker recruitment and retention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2020-10-02", "2022-04-22" ], "docLevelId" : "367-R", "activeDate" : "2022-04-22", "sequenceNo" : 419, "repealedDate" : null, "fromSection" : "367-R", "toSection" : "367-R", "text" : " § 367-r. Private duty nursing services worker recruitment and\\nretention program. 1. (a) The commissioner of health, with the approval\\nof the director of the budget, shall establish fees for the\\nreimbursement of private duty nursing services.\\n (b) The commissioner of health shall, subject to the provisions of\\nparagraph (b) of subdivision two of this section and to the availability\\nof federal financial participation, increase medical assistance rates of\\npayment by three percent for services provided on and after December\\nfirst, two thousand two, for private duty nursing services for the\\npurposes of improving recruitment and retention of private duty nurses.\\n 2. Medically fragile children and medically fragile adults. (a) In\\naddition, the commissioner shall further increase rates for private duty\\nnursing services that are provided to medically fragile children to\\nensure the availability of such services to such children. Furthermore,\\nno later than sixty days after the effective date of the chapter of the\\nlaws of two thousand twenty-two that amended this subdivision, increased\\nrates shall be extended for private duty nursing services provided to\\nmedically fragile adults. In establishing rates of payment under this\\nsubdivision, the commissioner shall consider the cost neutrality of such\\nrates as related to the cost effectiveness of caring for medically\\nfragile children and medically fragile adults in a non-institutional\\nsetting as compared to an institutional setting. Medically fragile\\nchildren shall, for the purposes of this subdivision, have the same\\nmeaning as in subdivision three-a of section thirty-six hundred fourteen\\nof the public health law. For purposes of this subdivision, \"medically\\nfragile adult\" shall be defined as including but not limited to any\\nindividual who previously qualified as a medically fragile child but no\\nlonger meets the age requirement. Such increased rates for services\\nrendered to such children and adults may take into consideration the\\nelements of cost, geographical differentials in the elements of cost\\nconsidered, economic factors in the area in which the private duty\\nnursing service is provided, costs associated with the provision of\\nprivate duty nursing services to medically fragile children and\\nmedically fragile adults, and the need for incentives to improve\\nservices and institute economies and such increased rates shall be\\npayable only to those private duty nurses who can demonstrate, to the\\nsatisfaction of the department of health, satisfactory training and\\nexperience to provide services to such children and medically fragile\\nadults. Such increased rates shall be determined based on application of\\nthe case mix adjustment factor for AIDS home care program services rates\\nas determined pursuant to applicable regulations of the department of\\nhealth. The commissioner may promulgate regulations to implement the\\nprovisions of this subdivision.\\n (b) Private duty nursing services providers which have their rates\\nadjusted pursuant to paragraph (b) of subdivision one of this section\\nand paragraph (a) of this subdivision shall use such funds solely for\\nthe purposes of recruitment and retention of private duty nurses or to\\nensure the delivery of private duty nursing services to medically\\nfragile children and medically fragile adults and are prohibited from\\nusing such funds for any other purpose. Funds provided under paragraph\\n(b) of subdivision one of this section and paragraph (a) of this\\nsubdivision are not intended to supplant support provided by a local\\ngovernment. Each such provider, with the exception of self-employed\\nprivate duty nurses, shall submit, at a time and in a manner to be\\ndetermined by the commissioner of health, a written certification\\nattesting that such funds will be used solely for the purpose of\\nrecruitment and retention of private duty nurses or to ensure the\\ndelivery of private duty nursing services to medically fragile children\\nand medically fragile adults. The commissioner of health is authorized\\nto audit each such provider to ensure compliance with the written\\ncertification required by this subdivision and shall recoup all funds\\ndetermined to have been used for purposes other than recruitment and\\nretention of private duty nurses or the delivery of private duty nursing\\nservices to medically fragile children and medically fragile adults.\\nSuch recoupment shall be in addition to any other penalties provided by\\nlaw.\\n (c) The commissioner of health shall, subject to the provisions of\\nparagraph (b) of this subdivision, and the provisions of subdivision\\nthree of this section, and subject to the availability of federal\\nfinancial participation, annually increase fees for the fee-for-service\\nreimbursement of private duty nursing services provided to medically\\nfragile children by fee-for-service private duty nursing services\\nproviders who enroll and participate in the provider directory pursuant\\nto subdivision three of this section, over a period of three years,\\ncommencing October first, two thousand twenty, by one-third annual\\nincrements, until such fees for reimbursement equal the final benchmark\\npayment designed to ensure adequate access to the service. In developing\\nsuch benchmark the commissioner of health may utilize the average two\\nthousand eighteen Medicaid managed care payments for reimbursement of\\nsuch private duty nursing services. The commissioner may promulgate\\nregulations to implement the provisions of this paragraph.\\n (d) The commissioner of health shall, subject to the provisions of\\nparagraph (b) of this subdivision, and the provisions of subdivision\\nthree of this section, and subject to the availability of federal\\nfinancial participation, increase fees for the fee-for-service\\nreimbursement of private duty nursing services provided to medically\\nfragile adults by fee-for-service private duty nursing services\\nproviders who enroll and participate in the provider directory pursuant\\nto subdivision three of this section, no later than sixty days after the\\neffective date of the chapter of the laws of two thousand twenty-two\\nthat amended this subdivision, so such fees for reimbursement equal the\\nbenchmark payment designed to ensure adequate access to the service. In\\ndeveloping such benchmark the commissioner of health may utilize the\\naverage two thousand twenty Medicaid managed care payments for\\nreimbursement of such private duty nursing services. The commissioner\\nmay promulgate regulations to implement the provisions of this\\nparagraph.\\n 3. Provider directory for fee-for-service private duty nursing\\nservices provided to medically fragile children and medically fragile\\nadults. The commissioner of health is authorized to establish a\\ndirectory of qualified providers for the purpose of promoting the\\navailability and ensuring delivery of fee-for-service private duty\\nnursing services to medically fragile children and medically fragile\\nadults. Qualified providers enrolling in the directory shall ensure the\\navailability and delivery of and shall provide such services to those\\nindividuals as are in need of such services, and shall receive increased\\nreimbursement for such services pursuant to paragraphs (c) and (d) of\\nsubdivision two of this section. The directory shall offer enrollment to\\nall private duty nursing services providers to promote and ensure the\\nparticipation in the directory of all nursing services providers\\navailable to serve medically fragile children and medically fragile\\nadults.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-S", "title" : "Long term care demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-S", "activeDate" : "2014-09-22", "sequenceNo" : 420, "repealedDate" : null, "fromSection" : "367-S", "toSection" : "367-S", "text" : " * § 367-s. Long term care demonstration program. 1. Notwithstanding\\nany inconsistent provision of law, the commissioner of health is\\nauthorized to establish a long term care demonstration program for\\npersons eligible to receive services under this title, to operate in up\\nto four social services districts, for the purposes of creating\\nincentives for providers to care for individuals with more complex\\nmedical needs, supporting relatives and other caregivers to assist\\npatients needing care at home and reducing the need for\\ninstitutionalization.\\n 2. The provisions of this section shall not take effect unless all\\nnecessary approvals under federal law and regulation have been obtained\\nto receive federal financial participation in the costs of the health\\ncare services provided pursuant to this section.\\n 3. (a) The demonstration program established pursuant to this section\\nmay include a program to improve the availability of care for persons\\nwith clinically complex care needs who are being discharged from\\nhospitals or residential health care facilities. In this regard, and in\\naccordance with paragraph (d) of this subdivision, the commissioner\\nshall adjust the rates of payment to selected home health agencies\\ncertified under article thirty-six of the public health law that provide\\nservices to such persons.\\n (b) Eligible certified home health agencies shall:\\n (i) demonstrate they have the experience and resources to provide\\nservices to individuals who are discharged from hospitals or residential\\nhealth care facilities with clinically complex care needs, as determined\\nin accordance with criteria established by the commissioner.\\n (ii) demonstrate that they are capable of meeting such other\\nconditions as may be established by the commissioner.\\n (c) In selecting eligible certified home health agencies, the\\ncommissioner shall consider the likelihood that the agency will provide\\nimproved availability of care and may consider such other matters as the\\ncommissioner deems appropriate.\\n (d) The adjusted Medicaid rate pursuant to this subdivision shall be\\navailable for eligible certified home health agencies for services\\nprovided to individuals, eligible for medical assistance pursuant to\\nthis title, who are discharged from a hospital or residential health\\ncare facility and have clinically complex care needs, as determined in\\naccordance with criteria established by the commissioner. Such rate\\nshall be payable for services provided up to the first sixty days after\\ndischarge from a hospital or residential health care facility.\\n 4. One or more demonstration sites established pursuant to this\\nsection may include the provision of respite care through innovative\\nmodels. Subject to the approval of the director of the division of the\\nbudget, the commissioner is authorized to establish payment rates or\\nfees for services provided pursuant to this subdivision.\\n 5. One or more of the demonstration sites established pursuant to this\\nsection may include a program with authority to make payments for\\npersonal care services that are provided by a consumer's family members.\\n * NB There are 2 § 367-s's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-S*2", "title" : "Emergency medical transportation services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01" ], "docLevelId" : "367-S*2", "activeDate" : "2015-05-01", "sequenceNo" : 421, "repealedDate" : null, "fromSection" : "367-S*2", "toSection" : "367-S*2", "text" : " * § 367-s. Emergency medical transportation services. 1.\\nNotwithstanding any provision of law to the contrary, a supplemental\\nmedical assistance payment shall be made on an annual basis to providers\\nof emergency medical transportation services in an aggregate amount not\\nto exceed four million dollars for two thousand six, six million dollars\\nfor two thousand seven, six million dollars for two thousand eight, six\\nmillion dollars for the period May first, two thousand fourteen through\\nMarch thirty-first, two thousand fifteen, and six million dollars\\nannually beginning with the period April first, two thousand fifteen\\nthrough March thirty-first, two thousand sixteen pursuant to the\\nfollowing methodology:\\n (a) For each emergency medical transportation services provider that\\nreceives medical assistance reimbursement processed through the state\\nMedicaid payment system, the department of health shall determine the\\nratio of such provider's state-processed reimbursement to the total such\\nreimbursement made during each quarter of the applicable calendar year,\\nexpressed as a percentage;\\n (b) For each such provider, the department of health shall multiply\\nthe percentage obtained pursuant to paragraph (a) of this subdivision by\\none-quarter of the applicable aggregate amount specified in the opening\\nparagraph of this subdivision. The result of such calculation shall\\nrepresent the \"emergency medical transportation service supplemental\\npayment\" and shall be paid expeditiously to such provider on a quarterly\\nbasis;\\n 2. The amount disbursed to emergency medical transportation services\\nproviders whose area of operation is within the city of New York will be\\ntwenty-five percent of the applicable aggregate amount, with the\\nremaining seventy-five percent to be disbursed to all other emergency\\nmedical transportation services providers.\\n 3. If all necessary approvals under federal law and regulation are not\\nobtained to receive federal financial participation in the payments\\nauthorized by this section, payments under this section shall be made in\\nan aggregate amount not to exceed two million dollars for two thousand\\nsix, three million dollars for two thousand seven, three million dollars\\nfor two thousand eight, three million dollars for the period May first,\\ntwo thousand fourteen through March thirty-first, two thousand fifteen,\\nand three million dollars annually beginning with the period April\\nfirst, two thousand fifteen through March thirty-first, two thousand\\nsixteen. In such case, the multiplier set forth in paragraph (b) of\\nsubdivision one of this section shall be deemed to be two million\\ndollars or three million dollars as applicable to the annual period.\\n 4. Notwithstanding any inconsistent provisions of section three\\nhundred sixty-eight-a of this title, or of any other law, to the\\ncontrary, the department of health shall pay one hundred per centum of\\nthe non-federal share of any payments made pursuant to this section.\\n * NB There are 2 § 367-s's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-T", "title" : "Payment for emergency physician services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-T", "activeDate" : "2014-09-22", "sequenceNo" : 422, "repealedDate" : null, "fromSection" : "367-T", "toSection" : "367-T", "text" : " § 367-t. Payment for emergency physician services. Amounts payable\\nunder this title for medical assistance for items and services provided\\nto eligible persons by qualified emergency physicians, provided in an\\nemergency room of an entity certified pursuant to article twenty-eight\\nof the public health law to treat an emergency condition, as defined in\\nsubdivision three of section forty-nine hundred of the public health\\nlaw, which are authorized pursuant to section three hundred sixty-five-a\\nof this title shall be no less than twenty-five dollars per visit. For\\nthe purpose of this section eligible persons shall not include persons\\nprovided items and services by the medicaid managed care program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-U", "title" : "Payment for home telehealth services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-03-20", "2016-01-08" ], "docLevelId" : "367-U", "activeDate" : "2016-01-08", "sequenceNo" : 423, "repealedDate" : null, "fromSection" : "367-U", "toSection" : "367-U", "text" : " § 367-u. Payment for home telehealth services. 1. Subject to the\\napproval of the state director of the budget, the commissioner may\\nauthorize the payment of medical assistance funds for demonstration\\nrates or fees established for home telehealth services provided pursuant\\nto subdivision three-c of section thirty-six hundred fourteen of the\\npublic health law.\\n 2. Subject to federal financial participation and the approval of the\\ndirector of the budget, the commissioner shall not exclude from the\\npayment of medical assistance funds the delivery of health care services\\nthrough telehealth, as defined in subdivision four of section two\\nthousand nine hundred ninety-nine-cc of the public health law. Such\\nservices shall meet the requirements of federal law, rules and\\nregulations for the provision of medical assistance pursuant to this\\ntitle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-V", "title" : "County long-term care financing demonstration program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "367-V", "activeDate" : "2014-09-22", "sequenceNo" : 424, "repealedDate" : null, "fromSection" : "367-V", "toSection" : "367-V", "text" : " § 367-v. County long-term care financing demonstration program. 1.\\nNotwithstanding any inconsistent provision of law, the commissioner is\\nauthorized to establish a long-term care financing demonstration\\nprogram, to operate in up to five counties, for the purpose of creating\\nincentives and funding for the transformation of county nursing home\\nbeds into other long-term care settings.\\n 2. (a) The demonstration program established pursuant to this section\\nshall permit a participating county to reduce its county nursing home\\nbed capacity, or to close a county nursing home, and to invest any\\nresulting demonstrated savings in programs or services that will, to the\\nextent feasible, encourage the use of community-based long-term care\\nalternatives to institutional care.\\n (b) Such programs or services may include, but are not limited to:\\n (i) expansion of community-based services such as the program for\\nall-inclusive care for the elderly (PACE), the long term home health\\ncare program, the managed long term care program, adult day care\\nservices, and caregiver support services;\\n (ii) expansion of senior housing;\\n (iii) assisted living program;\\n (iv) payment of subsidies to encourage assisted living programs, adult\\ncare facilities, and non-public nursing homes to accept hard-to-serve\\nresidents; and\\n (v) contracts with non-public nursing homes to guarantee beds for\\nthose hard-to-serve persons who choose nursing home care or for whom\\nother community-based options are not feasible or are unavailable.\\n 3. A county wishing to participate in the demonstration program\\nestablished pursuant to this section shall develop a plan and submit an\\napplication for participation to the commissioner of health detailing\\nsuch plan at a time and in a manner to be determined by such\\ncommissioner. The commissioner is authorized to approve or disapprove\\nany such application and to certify the amount of demonstrated savings.\\n 4. Notwithstanding the cap on social services district shares of\\nmedical assistance expenditures established pursuant to section one of\\npart C of chapter fifty-eight of the laws of two thousand five, the\\ndirector of the division of the budget is authorized, in his or her sole\\ndiscretion, to adjust a district's cap amount to account for changes in\\nthe non-federal share of medical assistance resulting from any approved\\ndemonstration plan.\\n 5. The commissioner of health is authorized to submit any amendments\\nto the state plan for medical assistance and any waivers of the federal\\nsocial security act that such commissioner determines to be necessary to\\nobtain federal financial participation in the costs of services provided\\npursuant to this section.\\n 6. The commissioner of health shall submit a report to the governor,\\ntemporary president of the senate and speaker of the assembly by the\\nfirst day of November, two thousand fifteen, on the implementation of\\nthis section. Such report shall include identification of the counties\\napproved to participate in the demonstration, a description of such\\ncounties' approved demonstration plans, an analysis of the impact of the\\ndemonstration on long-term care costs and service delivery, any\\nrecommendations for legislative action, and such other matters as may be\\npertinent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "367-W", "title" : "Health care and mental hygiene worker bonuses", "docType" : "SECTION", "publishedDates" : [ "2022-04-22" ], "docLevelId" : "367-W", "activeDate" : "2022-04-22", "sequenceNo" : 425, "repealedDate" : null, "fromSection" : "367-W", "toSection" : "367-W", "text" : " § 367-w. Health care and mental hygiene worker bonuses. 1. Purpose and\\nintent. New York's essential front line health care and mental hygiene\\nworkers have seen us through a once-in-a-century public health crisis\\nand turned our state into a model for battling and beating COVID-19. To\\nattract talented people into the profession at a time of such\\nsignificant strain while also retaining those who have been working so\\ntirelessly these past two years, we must recognize the efforts of our\\nhealth care and mental hygiene workforce and reward them financially for\\ntheir service.\\n To do that, the commissioner of health is hereby directed to seek\\nfederal approvals as applicable, and, subject to federal financial\\nparticipation, to support with federal and state funding bonuses to be\\nmade available during the state fiscal year of 2023 to recruit, retain,\\nand reward health care and mental hygiene workers.\\n 2. Definitions. As used in this section, the term:\\n (a) \"Employee\" means certain front line health care and mental hygiene\\npractitioners, technicians, assistants and aides that provide hands on\\nhealth or care services to individuals, without regard to whether the\\nperson works full-time, part-time, on a salaried, hourly, or temporary\\nbasis, or as an independent contractor, that received an annualized base\\nsalary of one hundred twenty-five thousand dollars or less, to include:\\n (i) Physician assistants, dental hygienists, dental assistants,\\npsychiatric aides, pharmacists, pharmacy technicians, physical\\ntherapists, physical therapy assistants, physical therapy aides,\\noccupational therapists, occupational therapy assistants, occupational\\ntherapy aides, speech-language pathologists, respiratory therapists,\\nexercise physiologists, recreational therapists, all other therapists,\\northotists, prosthetists, clinical laboratory technologists and\\ntechnicians, diagnostic medical sonographers, nuclear medicine\\ntechnologists, radiologic technologists, magnetic resonance imaging\\ntechnologists, ophthalmic medical technicians, radiation therapists,\\ndietetic technicians, cardiovascular technologists and technicians,\\ncertified first responders, emergency medical technicians, advanced\\nemergency medical technicians, paramedics, surgical technologists, all\\nother health technologists and technicians, orderlies, medical\\nassistants, phlebotomists, all other health care support workers, nurse\\nanesthetists, nurse midwives, nurse practitioners, registered nurses,\\nnursing assistants, and licensed practical and licensed vocational\\nnurses;\\n (ii) to the extent not already included in subparagraph (i) of this\\nparagraph, staff who perform functions as described in the consolidated\\nfiscal report (CFR) manual with respect to the following title codes:\\n Mental Hygiene Worker;\\n Residence/Site Worker;\\n Counselor (OMH);\\n Manager (OMH);\\n Senior Counselor (OMH);\\n Supervisor (OMH);\\n Developmental Disabilities Specialist QIDP - Direct Care (OPWDD);\\n Certified Recovery Peer Advocate;\\n Peer Professional - Non-CRPA (OASAS Only);\\n Job Coach/Employment Specialist (OMH and OPWDD);\\n Peer Specialist (OMH);\\n Counselor - Alcoholism and Substance Abuse (CASAC);\\n Counseling Aide/Assistant - Alcoholism and Substance Abuse;\\n Other Direct Care Staff;\\n Case Manager;\\n Counselor - Rehabilitation;\\n Developmental Disabilities Specialist/Habilitation Specialist QIDP -\\nClinical (OPWDD);\\n Emergency Medical Technician;\\n Intensive Case Manager (OMH);\\n Intensive Case Manager/Coordinator (OMH);\\n Nurse - Licensed Practical;\\n Nurse - Registered;\\n Psychologist (Licensed);\\n Psychologist (Master's Level)/Behavioral Specialist;\\n Psychology Worker/Other Behavioral Worker;\\n Social Worker - Licensed (LMSW, LCSW);\\n Social Worker - Master's Level (MSW);\\n Licensed Mental Health Counselor (OASAS, OMH, OCFS);\\n Licensed Psychoanalyst (OMH);\\n Therapist - Recreation;\\n Therapist - Activity/Creative Arts;\\n Therapist - Occupational;\\n Dietician/Nutritionist;\\n Therapy Assistant/Activity Assistant;\\n Nurse's Aide/Medical Aide;\\n Behavior Intervention Specialist 1 (OPWDD);\\n Behavior Intervention Specialist 2 (OPWDD);\\n Clinical Coordinator;\\n Intake/Screening;\\n Pharmacist;\\n Marriage and Family Counselor/Therapist;\\n Residential Treatment Facility (RTF) Transition Coordinator (OMH);\\n Crisis Prevention Specialist (OMH);\\n Early Recognition Specialist (OMH);\\n Other Clinical Staff/Assistants;\\n Nurse Practitioner/Nursing Supervisor;\\n Therapist - Physical;\\n Therapist - Speech;\\n Program or Site Director; and\\n Assistant Program or Assistant Site Director; and\\n (iii) such titles as determined by the commissioner, or relevant\\nagency commissioner as applicable, and approved by the director of the\\nbudget.\\n (b) \"Employer\" means a provider enrolled in the medical assistance\\nprogram under this title that employs at least one employee and that\\nbills for services under the state plan or a home and community based\\nservices waiver authorized pursuant to subdivision (c) of section\\nnineteen hundred fifteen of the federal social security act, or that has\\na provider agreement to bill for services provided or arranged through a\\nmanaged care provider under section three hundred sixty-four-j of this\\ntitle or a managed long term care plan under section forty-four hundred\\nthree-f of the public health law, to include:\\n (i) providers and facilities licensed, certified or otherwise\\nauthorized under articles twenty-eight, thirty, thirty-six or forty of\\nthe public health law, articles sixteen, thirty-one, thirty-two or\\nthirty-six of the mental hygiene law, article seven of this chapter,\\nfiscal intermediaries under section three hundred sixty-five-f of this\\ntitle, pharmacies registered under section six thousand eight hundred\\neight of the education law, or school based health centers;\\n (ii) programs that participate in the medical assistance program and\\nare funded by the office of mental health, the office of addiction\\nservices and supports, or the office for people with developmental\\ndisabilities; and\\n (iii) other provider types determined by the commissioner and approved\\nby the director of the budget;\\n (iv) provided, however, that unless the provider is subject to a\\ncertificate of need process as a condition of state licensure or\\napproval, such provider shall not be an employer under this section\\nunless at least twenty percent of the provider's patients or persons\\nserved are eligible for services under this title and title XIX of the\\nfederal social security act.\\n (c) Notwithstanding the definition of employer in paragraph (b) of\\nthis subdivision, and without regard to the availability of federal\\nfinancial participation, \"employer\" shall also include an institution of\\nhigher education, a public or nonpublic school, a charter school, an\\napproved preschool program for students with disabilities, a school\\ndistrict or boards of cooperative educational services, programs funded\\nby the office of mental health, programs funded by the office of\\naddiction services and supports, programs funded by the office for\\npeople with developmental disabilities, programs funded by the office\\nfor the aging, a health district as defined in section two of the public\\nhealth law, or a municipal corporation, where such program or entity\\nemploys at least one employee. Such employers shall be required to\\nenroll in the system designated by the commissioner, or relevant agency\\ncommissioners, in consultation with the director of the budget, for the\\npurpose of claiming bonus payments under this section. Such system or\\nprocess for claiming bonus payments may be different from the system and\\nprocess used under subdivision three of this section.\\n (d) \"Vesting period\" shall mean a series of six-month periods between\\nthe dates of October first, two thousand twenty-one and March\\nthirty-first, two thousand twenty-four for which employees that are\\ncontinuously employed by an employer during such six-month periods, in\\naccordance with a schedule issued by the commissioner or relevant agency\\ncommissioner as applicable, may become eligible for a bonus pursuant to\\nsubdivision four of this section.\\n (e) \"Base salary\" shall mean, for the purposes of this section, the\\nemployee's gross wages with the employer during the vesting period,\\nexcluding any bonuses or overtime pay.\\n (f) \"Municipal corporation\" means a county outside the city of New\\nYork, a city, including the city of New York, a town, a village, or a\\nschool district.\\n 3. Tracking and submission of claims for bonuses. (a) The\\ncommissioner, in consultation with the commissioner of labor and the\\nMedicaid inspector general, and subject to any necessary approvals by\\nthe federal centers for Medicare and Medicaid services, shall develop\\nsuch forms and procedures as may be needed to identify the number of\\nhours employees worked and to provide reimbursement to employers for the\\npurposes of funding employee bonuses in accordance with hours worked\\nduring the vesting period.\\n (b) Using the forms and processes developed by the commissioner under\\nthis subdivision, employers shall, for a period of time specified by the\\ncommissioner:\\n (i) track the number of hours that employees work during the vesting\\nperiod and, as applicable, the number of patients served by the employer\\nwho are eligible for services under this title; and\\n (ii) submit claims for reimbursement of employee bonus payments. In\\nfilling out the information required to submit such claims, employers\\nshall use information obtained from tracking required pursuant to\\nparagraph (a) of this subdivision and provide such other information as\\nmay be prescribed by the commissioner. In determining an employee's\\nannualized base salary, the employer shall use information based on\\npayroll records.\\n (c) Employers shall be responsible for determining whether an employee\\nis eligible under this section and shall maintain and make available\\nupon request all records, data and information the employer relied upon\\nin making the determination that an employee was eligible, in accordance\\nwith paragraph (d) of this subdivision.\\n (d) Employers shall maintain contemporaneous records for all tracking\\nand claims related information and documents required to substantiate\\nclaims submitted under this section for a period of no less than six\\nyears. Employers shall furnish such records and information, upon\\nrequest, to the commissioner, the Medicaid inspector general, the\\ncommissioner of labor, the secretary of the United States Department of\\nHealth and Human Services, and the deputy attorney general for Medicaid\\nfraud control.\\n 4. Payment of worker bonuses. (a) Upon issuance of a vesting schedule\\nby the commissioner, or relevant agency commissioner as applicable,\\nemployers shall be required to pay bonuses to employees pursuant to such\\nschedule based on the number of hours worked during the vesting period.\\nThe schedule shall provide for total payments not to exceed three\\nthousand dollars per employee in accordance with the following:\\n (i) employees who have worked an average of at least twenty but less\\nthan thirty hours per week over the course of a vesting period would\\nreceive a five hundred dollar bonus for the vesting period;\\n (ii) employees who have worked an average of at least thirty but less\\nthan thirty-five hours per week over the course of a vesting period\\nwould receive a one thousand dollar bonus for such vesting period;\\n (iii) employees who have worked an average of at least thirty-five\\nhours per week over the course of a vesting period would receive a one\\nthousand five hundred dollar bonus for such vesting period.\\n (iv) full-time employees who are exempt from overtime compensation as\\nestablished in the labor commissioner's minimum wage orders or otherwise\\nprovided by New York state law or regulation over the course of a\\nvesting period would receive a one thousand five hundred dollar bonus\\nfor such vesting period.\\n (b) Notwithstanding paragraph (a) of this subdivision, the\\ncommissioner may through regulation specify an alternative number of\\nvesting periods, provided that total payments do not exceed three\\nthousand dollars per employee.\\n (c) Employees shall be eligible for bonuses for no more than two\\nvesting periods per employer, in an amount equal to but not greater than\\nthree thousand dollars per employee across all employers.\\n (d) Upon completion of a vesting period with an employer, an employee\\nshall be entitled to receive the bonus and the employer shall be\\nrequired to pay the bonus no later than the date specified under this\\nsubdivision, provided however that prior to such date the employee does\\nnot terminate, through action or inaction, the employment relationship\\nwith the employer, in accordance with any employment agreement,\\nincluding a collectively bargained agreement, if any, between the\\nemployee and employer.\\n (e) Any bonus due and payable to an employee under this section shall\\nbe made by the employer no later than thirty days after the bonus is\\npaid to the employer.\\n (f) an employer shall be required to submit a claim for a bonus to the\\ndepartment no later than thirty days after an employee's eligibility for\\na bonus vests, in accordance with and upon issuance of the schedule\\nissued by the commissioner or relevant agency commissioner.\\n (g) No portion of any dollars received from claims under subparagraph\\n(ii) of paragraph (b) of subdivision three of this section for employee\\nbonuses shall be returned to any person other than the employee to whom\\nthe bonus is due or used to reduce the total compensation an employer is\\nobligated to pay to an employee under section thirty-six hundred\\nfourteen-c of the public health law, section six hundred fifty-two of\\nthe labor law, or any other provisions of law or regulations, or\\npursuant to any collectively bargained agreement.\\n (h) No portion of any bonus available pursuant to this subdivision\\nshall be payable to a person who has been suspended or excluded under\\nthe medical assistance program during the vesting period and at the time\\nan employer submits a claim under this section.\\n (i) The use of any accruals or other leave, including but not limited\\nto sick, vacation, or time used under the family medical leave act,\\nshall be credited towards and included in the calculation of the average\\nnumber of hours worked per week over the course of the vesting period.\\n 5. Audits, investigations and reviews. (a) The Medicaid inspector\\ngeneral shall, in coordination with the commissioner, conduct audits,\\ninvestigations and reviews of employers required to submit claims under\\nthis section. Such claims, inappropriately paid, under this section\\nshall constitute overpayments as that term is defined under the\\nregulations governing the medical assistance program. The Medicaid\\ninspector general may recover such overpayments to employers as it would\\nan overpayment under the medical assistance program, impose sanctions up\\nto and including exclusion from the medical assistance program, impose\\npenalties, and take any other action authorized by law where:\\n (i) an employer claims a bonus not due to an employee or a bonus\\namount in excess of the correct bonus amount due to an employee;\\n (ii) an employer claims, receives and fails to pay any part of the\\nbonus due to a designated employee;\\n (iii) an employer fails to claim a bonus due to an employee.\\n (b) Any employer identified in paragraph (a) of this subdivision who\\nfails to identify, claim and pay any bonus for more than ten percent of\\nits employees eligible for the bonus shall also be subject to additional\\npenalties under subdivision four of section one hundred forty-five-b of\\nthis article.\\n (c) Any employer who fails to pay any part of the bonus payment to a\\ndesignated employee shall remain liable to pay such bonus to that\\nemployee, regardless of any recovery, sanction or penalty the Medicaid\\ninspector general may impose.\\n (d) In all instances recovery of inappropriate bonus payments shall be\\nrecovered from the employer. The employer shall not have the right to\\nrecover any inappropriately paid bonus from the employee.\\n (e) Where the Medicaid inspector general sanctions an employer for\\nviolations under this section, they may also sanction any affiliates as\\ndefined under the regulations governing the medical assistance program.\\n 6. Rules and regulations. The commissioner, in consultation with the\\nMedicaid inspector general as it relates to subdivision five of this\\nsection, may promulgate rules, to implement this section pursuant to\\nemergency regulation; provided, however, that this provision shall not\\nbe construed as requiring the commissioner to issue regulations to\\nimplement this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "368", "title" : "Quarterly estimates", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "368", "activeDate" : "2014-09-22", "sequenceNo" : 426, "repealedDate" : null, "fromSection" : "368", "toSection" : "368", "text" : " § 368. Quarterly estimates. Each public welfare district shall submit\\nto the department quarterly estimates of its anticipated expenditures\\nfor medical assistance for needy persons and administrative expenses not\\nless than thirty days before the first day of each of the quarters\\nbeginning on the first day of the months of July, October, January and\\nApril, in such form and together with such other information as the\\ndepartment may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "368-A", "title" : "State reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2018-04-20", "2019-12-20", "2024-04-26" ], "docLevelId" : "368-A", "activeDate" : "2019-12-20", "sequenceNo" : 427, "repealedDate" : null, "fromSection" : "368-A", "toSection" : "368-A", "text" : " § 368-a. State reimbursement. 1. The department shall review the\\nexpenditures made by social services districts for medical assistance\\nfor needy persons, and the administration thereof, before making\\nreimbursement. Before approving such expenditures for reimbursement, the\\ndepartment shall give due consideration to the results of the reviews\\nand audits conducted by the department of health pursuant to subdivision\\ntwo of section three hundred sixty-four. If approved by the department,\\nsuch expenditures shall not be subject to reimbursement by the state\\npursuant to section one hundred fifty-three or any provision of this\\nchapter other than this section, but shall be subject to reimbursement\\nby the state in accordance with this section and the regulations of the\\ndepartment, as follows:\\n There shall be paid to each such district\\n (a) the amount of federal funds, if any, properly received or to be\\nreceived on account of such expenditures;\\n (b) the full amount expended on behalf of the department for medical\\nassistance furnished under this title to eligible patients in state\\ninstitutions for the mentally disabled, in facilities or parts thereof\\nfor the care and treatment of drug dependent persons operated pursuant\\nto the mental hygiene law and in other hospitals while such patients are\\non release from an institution in the state department of mental hygiene\\nor from a drug abuse treatment facility or part thereof operated in\\ncompliance with applicable provisions of law and supervised by the state\\ndivision of substance abuse services, to eligible veterans and their\\ndependents in that part of the New York state home for veterans and\\ntheir dependents at Oxford that has been approved pursuant to law as a\\nnursing home and in a hospital while on release from that home for the\\npurpose of receiving care in such hospital, in that part of a public\\ninstitution operated for the care of the mentally disabled that has been\\napproved pursuant to law as an intermediate care facility, to eligible\\nveterans and their dependents in that part of the New York state home\\nfor veterans and their dependents at Oxford that has been approved\\npursuant to law as an intermediate care facility and in a hospital while\\non release from such intermediate care facilities for the purpose of\\nreceiving care in such hospital, and for the administration thereof,\\nafter first deducting therefrom any federal funds properly received or\\nto be received on account thereof;\\n (c) the full amount expended for medical assistance furnished under\\nthis title to eligible Indians and members of their families residing on\\nany Indian reservation in this state, and for the administration\\nthereof, after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof;\\n (d) fifty per centum of the amount expended for medical assistance\\nfurnished under this title to other eligible persons, and for the\\nadministration thereof, after first deducting therefrom any federal\\nfunds properly received or to be received on account thereof.\\n (e) one hundred percentum of the amount expended for the development\\nof medical assistance data systems, after first deducting therefrom any\\nfederal funds properly received or to be received on account thereof.\\nSuch reimbursement shall be available only to the extent that such\\nprojects have received federal approval and to the extent that claims\\nfor ninety percent federal aid have been approved.\\n (f) The full amount expended on behalf of the department for medical\\nassistance furnished to persons described in subdivision five of section\\nthree hundred sixty-five of this article, including the administration\\nthereof, after first deducting therefrom any federal funds properly\\nreceived or to be received on account of such expenditures.\\n (g) Notwithstanding any other provision of law, reimbursement for the\\nfollowing services: care, treatment, maintenance and nursing services in\\nnursing homes and health related care and services in intermediate care\\nfacilities provided in accordance with paragraph (b) of subdivision two\\nof section three hundred sixty-five-a of this title; home health\\nservices provided in accordance with paragraph (d) of subdivision two of\\nsection three hundred sixty-five-a of this title; personal care services\\nprovided in accordance with paragraph (e) of subdivision two of section\\nthree hundred sixty-five-a of this title; long term home health care\\nprograms services provided in accordance with section three hundred\\nsixty-seven-c of this title; and nursing home transition and diversion\\nservices provided in accordance with subdivision six-a of section three\\nhundred sixty-six of this title shall be made as follows:\\n (i) for services provided on or after January first, nineteen hundred\\neighty-four through December thirty-first, nineteen hundred eighty-four,\\nseventy-two per centum after first deducting therefrom any federal funds\\nproperly received or to be received on account thereof;\\n (ii) for services provided on or after January first, nineteen hundred\\neighty-five through December thirty-first, nineteen hundred eighty-five,\\nseventy-six per centum after first deducting therefrom any federal funds\\nproperly received or to be received on account thereof; and\\n (iii) for services provided on or after January first, nineteen\\nhundred eighty-six through March thirty-first, nineteen hundred\\nninety-four, eighty per centum after first deducting therefrom any\\nfederal funds properly received or to be received on account thereof;\\n (iv) for services provided on or after April first, nineteen hundred\\nninety-four eighty-one and two hundred thirty-five thousandths per\\ncentum after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof.\\n (h) (i) Beginning January first, nineteen hundred eighty-four, one\\nhundred per centum of the amount expended for medical assistance for\\nthose individuals who are eligible pursuant to section three hundred\\nsixty-six of this article as a result of a mental disability as\\ndetermined by the commissioner in consultation with the commissioner of\\nthe office of mental health and the commissioner of the office for\\npeople with developmental disabilities and with the approval of the\\ndirector of the budget after first deducting therefrom any federal funds\\nproperly received or to be received on account thereof.\\n (ii) Notwithstanding any other provision of law to the contrary, on\\nand after the effective date of this subparagraph, the department of\\nhealth shall make no further recovery or recoupment of monies that were\\nadvanced to local social services districts, during the period from\\nApril first, nineteen hundred ninety-two to the effective date of this\\nsubparagraph, to cover the medical assistance costs pursuant to this\\nparagraph for rehabilitative services for residents of community\\nresidences licensed or operated by the office of mental health or for\\nthe office for people with developmental disabilities home and community\\nbased waiver services.\\n (i) The full amount expended on behalf of the department for medical\\nassistance furnished to persons described in subdivision eight of\\nsection three hundred sixty-five of this article, including the\\nadministration thereof, after first deducting therefrom any federal\\nfunds properly received or to be received on account thereof.\\n (j) Notwithstanding any other provision of law, but in conjunction\\nwith the provisions of paragraph (g) of subdivision one of this section,\\nreimbursement for the care and services provided to those persons\\neligible pursuant to subparagraph seven of paragraph (a) of subdivision\\none of section three hundred sixty-six of this title shall be\\nseventy-five per centum after first deducting therefrom any federal\\nfunds properly received or to be received on account thereof.\\n (k) Notwithstanding any other provision of law, reimbursement by the\\nstate for payments made, whether by the department on behalf of a social\\nservices district pursuant to section three hundred sixty-seven-b of\\nthis article or by a social services district directly, for a\\nsupplementary bad debt and charity care adjustment component of rates of\\npayment determined in accordance with subdivision fourteen-a of section\\ntwenty-eight hundred seven-c of the public health law for general\\nhospital inpatient hospital services provided in accordance with\\nparagraph (b) of subdivision two of section three hundred sixty-five-a\\nof this article shall be limited to the amount of federal funds properly\\nreceived or to be received on account of such expenditures; provided,\\nhowever, that reimbursement shall be made by the state for the full\\namount expended for a supplementary bad debt and charity care adjustment\\nfor a general hospital operated by the state of New York or by the state\\nuniversity of New York, after first deducting therefrom any federal\\nfunds properly received or to be received on account of such\\nexpenditure.\\n (l) Effective January first, nineteen hundred ninety, one hundred per\\ncentum of the amount expended for medical assistance for those\\nindividuals who are eligible pursuant to paragraphs (n) and (o) of\\nsubdivision four of section three hundred sixty-six of this article\\nafter first deducting therefrom any federal funds properly received or\\nto be received on account thereof.\\n (m) Notwithstanding any other provision of law, reimbursement by the\\nstate for payments made, whether by the department on behalf of a social\\nservices district pursuant to section three hundred sixty-seven-b of\\nthis article or by a social services district directly, for a\\nsupplementary low income patient adjustment component of rates of\\npayment for a public general hospital determined in accordance with\\nsubdivision fourteen-d of section twenty-eight hundred seven-c of the\\npublic health law for general hospital inpatient hospital services\\nprovided in accordance with paragraph (b) of subdivision two of section\\nthree hundred sixty-five-a of this article shall be limited to the\\namount of federal funds properly received or to be received on account\\nof such expenditures; provided, however, that reimbursement shall be\\nmade by the state for the full amount expended for a supplementary low\\nincome patient adjustment for a general hospital operated by the state\\nof New York or by the state university of New York, after first\\ndeducting therefrom any federal funds properly received or to be\\nreceived on account of such expenditure.\\n (n) Notwithstanding any inconsistent provision of law, reimbursement\\nfor the amount expended for medical assistance furnished under this\\ntitle to eligible persons pursuant to a statewide managed care plan or\\nmanaged care demonstration program, or to eligible persons enrolled in\\nany health maintenance organization or other entity authorized by law to\\nfurnish comprehensive health services pursuant to a plan, shall be\\nreimbursed, after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof, in accordance with the\\nfollowing schedule: (i) for services provided for the period April\\nfirst, nineteen hundred ninety-four to March thirty-first, nineteen\\nhundred ninety-nine, fifty-three and eight hundred seventy-five\\nten-thousandths percent thereof; and (ii) for services provided for the\\nperiod April first, nineteen hundred ninety-nine to March thirty-first,\\ntwo thousand three, fifty percent thereof.\\n (o) Notwithstanding any other provision of law, reimbursement by the\\nstate for payments made, whether by the department on behalf of a social\\nservices district pursuant to section three hundred sixty-seven-b of\\nthis article or by a social services district directly, for the\\ncomponent of rates of payment for a general hospital determined in\\naccordance with paragraph (s) of subdivision eleven of section\\ntwenty-eight hundred seven-c of the public health law for general\\nhospital inpatient hospital services provided in accordance with\\nparagraph (b) of subdivision two of section three hundred sixty-five-a\\nof this article shall be one hundred per centum of the amount expended\\nfor medical assistance, after first deducting therefrom any federal\\nfunds properly received or to be received on account of such\\nexpenditure.\\n (p) Notwithstanding any other provision of law, reimbursement by the\\nstate for payments made, whether by the department on behalf of a social\\nservices district pursuant to section three hundred sixty-seven-b of\\nthis article or by a social services district directly, for a public\\ngeneral hospital indigent care adjustment payment for a public general\\nhospital determined in accordance with subdivision fourteen-f of section\\ntwenty-eight hundred seven-c of the public health law for general\\nhospital inpatient hospital services provided in accordance with\\nparagraph (b) of subdivision two of section three hundred sixty-five-a\\nof this article shall be limited to the amount of federal funds properly\\nreceived or to be received on account of such expenditures; provided,\\nhowever, that reimbursement shall be made by the state for the full\\namount expended for a public general hospital indigent care adjustment\\nfor a general hospital operated by the state of New York or by the state\\nuniversity of New York, after first deducting therefrom any federal\\nfunds properly received or to be received on account of such\\nexpenditure.\\n * (q) Notwithstanding any inconsistent provision of this chapter or\\nany other provision of law to the contrary, reimbursement for the amount\\nexpended for medical assistance furnished under this title to eligible\\npersons for services provided by a managed long term care plan, shall be\\nbased upon a uniform average of expenditures reflecting a mix of\\nprimary, acute and long term care services. Such uniform average, or\\naverages, will be determined by the commissioner of health and shall\\nreflect the mix of services as applied to the amounts calculated\\npursuant to applicable paragraphs (g) and (n) of this subdivision, after\\nfirst deducting therefrom any federal funds properly received or to be\\nreceived on account of such expenditure.\\n * NB Repealed December 31, 2024\\n * (r) Notwithstanding any other provision of law, reimbursement by the\\nstate for payments made, whether by the department of health on behalf\\nof a social services district pursuant to section three hundred\\nsixty-seven-b of this title or by a social services district directly,\\nfor medical assistance furnished pursuant to the provisions of\\nsubparagraph one of paragraph (q) of subdivision four of section three\\nhundred sixty-six of this title to children born on or before September\\nthirtieth, nineteen hundred eighty-three, shall be made for the full\\namount expended for such children, after first deducting therefrom any\\nfederal funds properly received or to be received on account of such\\nexpenditure.\\n * NB Expired April 1, 2005\\n * (s) Notwithstanding any other provision of law, reimbursement by the\\nstate for payments made, whether by the department of health on behalf\\nof a social services district pursuant to section three hundred\\nsixty-seven-b of this title or by a social services district directly,\\nfor medical assistance furnished pursuant to the provisions of\\nsubparagraph one of paragraph (t) of subdivision four of section three\\nhundred sixty-six of this title to children, shall be made for the full\\namount expended for such children, after first deducting therefrom any\\nfederal funds properly received or to be received on account of such\\nexpenditure.\\n * NB Expired April 1, 2005\\n (t) (i) for services provided on or after January first, two thousand\\nthree through December thirty-first, two thousand four, fifty percent of\\nthe amount expended for health care services under section three hundred\\nsixty-nine-ee of this article, after first deducting therefrom any\\nfederal funds properly received or to be received on account thereof;\\n (ii) for services provided on or after January first, two thousand\\nfive, through September thirtieth, two thousand five, seventy-five\\npercent of the amount expended for health care services under section\\nthree hundred sixty-nine-ee of this article, after first deducting\\ntherefrom any federal funds properly received or to be received on\\naccount thereof;\\n (iii) for services provided on or after October first, two thousand\\nfive, through December thirty-first, two thousand five, seventy-five\\npercent of the amount expended by the social services district\\nconsisting of the city of New York, and one hundred percent of the\\namount expended by all other social services districts, for health care\\nservices under section three hundred sixty-nine-ee of this article,\\nafter first deducting therefrom any federal funds properly received or\\nto be received on account thereof; and\\n (iv) for services provided on or after January first, two thousand six\\nthrough December thirty-first, two thousand six, and thereafter, one\\nhundred percent of the amount expended for health care services under\\nsection three hundred sixty-nine-ee of this article, after first\\ndeducting therefrom any federal funds properly received or to be\\nreceived on account thereof.\\n (u) Notwithstanding any other provision of law, the full amount\\nexpended for family planning services provided to eligible persons\\npursuant to subparagraph eleven of paragraph (a) of subdivision one of\\nsection three hundred sixty-six of this title, after first deducting\\ntherefrom federal funds properly received or to be received on account\\nof such expenditures.\\n (v) One hundred per centum of the amount expended for the\\nadministration of medical assistance furnished pursuant to subparagraphs\\ntwelve and thirteen of paragraph (a) of subdivision one of section three\\nhundred sixty-six of this title, after first deducting any federal funds\\nproperly received or to be received on account of such expenditures.\\n (w) One hundred per centum of the amount expended for the\\nadministration of medical assistance furnished pursuant to paragraph (v)\\nof subdivision four of section three hundred sixty-six of this title,\\nafter first deducting any federal funds properly received or to be\\nreceived on account of such expenditures.\\n (x) One hundred percent of the amount expended for health care\\nservices as determined in accordance with paragraph (c) of subdivision\\nten of section twenty-eight hundred seven-d of the public health law,\\nafter first deducting therefrom any federal funds properly received or\\nto be received on account thereof.\\n (y) One hundred percent of the amount expended for health care\\nservices as determined in accordance with paragraph (v-1) of subdivision\\nfour of section three hundred sixty-six of this title, after first\\ndeducting therefrom any federal funds properly received or to be\\nreceived on account thereof.\\n (z) One hundred percent of the amount expended for health care\\nservices described in sections three hundred sixty-eight-d and three\\nhundred sixty-eight-e of this title, after first deducting therefrom any\\nfederal funds properly received or to be received on account thereof.\\n 2. (a) For the purpose of state reimbursement under this title,\\nexpenditures for administration of medical assistance for needy persons\\nshall include expenditures for salaries of employees of local welfare\\ndepartments, except for those excluded under paragraph (b) of this\\nsubdivision; operation, maintenance and service costs; and such other\\nexpenditures, such as equipment costs, depreciation charges, and rental\\nvalues, as may be approved by the department. It shall not include\\nexpenditures for capital additions or improvements.\\n (b) State reimbursement shall not be made for any part of the salary\\nof a social services official, or a chief executive officer of a social\\nservices department, whose qualifications do not conform to those fixed\\nby the department, or a city or town service officer; nor shall such\\nreimbursement be made on the salary of a deputy commissioner, or deputy\\ndirector or an employee, unless his employment is necessary for the\\nadministration of medical assistance and his qualifications conform to\\nthose fixed by the department.\\n (c) State reimbursement shall not be made for any part of the salary\\nof a local medical director appointed after the effective date of this\\nact whose qualifications do not conform to those established pursuant to\\nsection three hundred sixty-four of this title.\\n (d) State reimbursement shall not be made for any part of the cost of\\nthose items of care, services, supplies and equipment, and drugs which\\nrepresent co-payment amounts for which a provider of medical assistance\\nis authorized to charge a recipient in accordance with subdivision six\\nof section three hundred sixty-seven-a of this article.\\n * 3. For the purpose of state reimbursement for personal care\\nservices, such reimbursement to a social services district shall be\\nlimited to expenditures for such district's allocation of the statewide\\nneed for personal care services, pursuant to section three hundred\\nsixty-seven-d of this chapter.\\n * NB Expired March 31, 1985\\n 3. (a) Claims for state reimbursement shall be made in such form and\\nmanner and at such times and for such periods as the department shall\\ndetermine.\\n (b) When certified by the department, state reimbursement shall be\\npaid from the state treasury upon the audit and warrant of the\\ncomptroller out of funds made available therefor.\\n (c) When the moneys allotted to the state by the federal department of\\nhealth, education and welfare or other authorized federal agency for any\\nquarter shall have been received by the department of taxation and\\nfinance, the department shall, as soon as possible, certify to the\\ncomptroller the amount to which each public welfare district is entitled\\nfor such quarter and such amount shall be paid out of the state treasury\\nafter audit by the comptroller to the respective public welfare\\ndistricts.\\n (d) The department is authorized in its discretion to make advances to\\npublic welfare districts in anticipation of the state reimbursement\\nprovided for in this section.\\n 4. Payment of state reimbursement and advances shall be made to the\\nfiscal officer of the public welfare district entitled thereto pursuant\\nto the provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "368-B", "title" : "State reimbursement to local health districts; chargebacks", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "368-B", "activeDate" : "2014-09-22", "sequenceNo" : 428, "repealedDate" : null, "fromSection" : "368-B", "toSection" : "368-B", "text" : " § 368-b. State reimbursement to local health districts; chargebacks.\\n1. Each approved local health district which enters into a contract\\nwith the department of health pursuant to section three hundred\\nsixty-four-a of this title shall submit to the department of health a\\nquarterly report of expenditures for administrative expenses incurred in\\nthe performance of such contract. The department of health shall review\\nsuch expenditures and, upon approval, shall submit the report to the\\ndepartment. Upon receipt of such approved report, there shall be paid\\nto each such district\\n (a) the amount of federal funds, if any, properly received or to be\\nreceived on account of such expenditures; and\\n (b) fifty per centum of the amount expended for such administrative\\nexpenses, after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof.\\n 2. The department of health shall submit a quarterly report to the\\ndepartment of expenditures for administrative expenses incurred by each\\nof the state health districts in the performance of the cooperative\\nagreement entered into pursuant to section three hundred sixty-four-a of\\nthis title. Upon receipt of such report, the department shall deduct\\nthe amount of federal funds, if any, properly received or to be received\\non account of such expenditures from the total amounts reported for each\\nsuch district Fifty per centum of the balance shall be apportioned\\namong the public welfare districts served by such district in the ratio\\nthat the total expenditures by each such public welfare district for\\nmedical assistance for needy persons for the quarter bears to the total\\nexpenditures by all such public welfare districts for such quarter. The\\nproportionate share shall be deducted from the next payment due each of\\nsuch public welfare districts pursuant to section three hundred\\nsixty-eight-a of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "368-C", "title" : "Audit of state rates of payment to providers of health care services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "368-C", "activeDate" : "2014-09-22", "sequenceNo" : 429, "repealedDate" : null, "fromSection" : "368-C", "toSection" : "368-C", "text" : " § 368-c. Audit of state rates of payment to providers of health care\\nservices. 1. The commissioner may conduct, or have conducted, an audit\\nof financial and statistical reports used for the purpose of\\nestablishing rates of payment or fees made in accordance with the\\nmedical assistance program.\\n 2. The commissioner shall implement audit procedures and activities to\\nenable the identification of the appropriate rates of payment made\\nthrough the medical assistance program. Furthermore the commissioner\\nshall conduct an annual review of financial and statistical reports with\\nrespect to residential health care facilities certified pursuant to\\narticle twenty-eight of the public health law. Where such review\\nindicates substantial noncompliance, as defined in regulation by the\\ncommissioner, with the requirements of the medical assistance program\\nthe commissioner shall conduct or have conducted an on-site audit.\\nProvided further however, that at least once every four fiscal years an\\non-site audit shall be conducted.\\n 3. To allow for the recomputation of affected fees or rates of\\npayment, the commissioner shall, as appropriate, supply audit findings\\nto the governmental agency or corporation organized and operating in\\naccordance with article forty-three of the insurance law responsible for\\nthe promulgation of fees or rates of reimbursement.\\n 4. The commissioner shall enter into interagency agreements, subject\\nto the approval of the director of the budget, to delineate the\\nrespective responsibilities of the department and other governmental\\nagencies with respect to this section.\\n 5. The commissioner is authorized to promulgate regulations to\\nimplement the provisions of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "368-D", "title" : "Reimbursement to public school districts and state operated/state supported schools which operate pursuant to article eighty-five, eighty...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "368-D", "activeDate" : "2014-09-22", "sequenceNo" : 430, "repealedDate" : null, "fromSection" : "368-D", "toSection" : "368-D", "text" : " § 368-d. Reimbursement to public school districts and state\\noperated/state supported schools which operate pursuant to article\\neighty-five, eighty-seven or eighty-eight of the education law.\\n 1. The department of health shall review claims for expenditures made\\nby or on behalf of local public school districts, and state\\noperated/state supported schools which operate pursuant to article\\neighty-five, eighty-seven or eighty-eight of the education law, for\\nmedical care, services and supplies which are furnished to children with\\nhandicapping conditions or such children suspected of having\\nhandicapping conditions, as such children are defined in the education\\nlaw. If approved by the department, payment for such medical care,\\nservices and supplies which would otherwise qualify for reimbursement\\nunder this title and which are furnished in accordance with this title\\nand the regulations of the department to such children, shall be made in\\naccordance with the department's approved medical assistance fee\\nschedules by payment to such local public school district, and state\\noperated/state supported schools which operate pursuant to article\\neighty-five, eighty-seven or eighty-eight of the education law, which\\nfurnished the care, services or supplies either directly or by contract.\\n 2. Claims for payment under this section shall be made in such form\\nand manner, at such times, and for such periods as the department may\\nrequire.\\n 3. The provisions of this section shall be of no force and effect\\nunless all necessary approvals under federal law and regulation have\\nbeen obtained to receive federal financial participation in the costs of\\nhealth care services provided pursuant to this section.\\n 4. The commissioner of health is authorized to contract with one or\\nmore entities to conduct a study to determine actual direct and indirect\\ncosts incurred by public school districts and state operated/state\\nsupported schools which operate pursuant to article eighty-five,\\neighty-seven or eighty-eight of the education law for medical care,\\nservices and supplies, including related special education services and\\nspecial transportation, furnished to children with handicapping\\nconditions.\\n 5. Notwithstanding any inconsistent provision of sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, or section\\none hundred forty-two of the economic development law, or any other law,\\nthe commissioner of health is authorized to enter into a contract or\\ncontracts under subdivision four of this section without a competitive\\nbid or request for proposal process, provided, however, that:\\n (a) The department of health shall post on its website, for a period\\nof no less than thirty days:\\n (i) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (ii) The criteria for selection of a contractor or contractors;\\n (iii) The period of time during which a prospective contractor may\\nseek selection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (iv) The manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (b) All reasonable and responsive submissions that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner of health; and\\n (c) The commissioner of health shall select such contractor or\\ncontractors that, in his or her discretion, are best suited to serve the\\npurposes of this section.\\n (d) Upon selection of a contractor or contractors, the department of\\nhealth shall provide written notification of such selection and a\\nsummary of the criteria employed in such selection to the chair of the\\nsenate finance committee and the chair of the assembly ways and means\\ncommittee.\\n 6. The commissioner shall evaluate the results of the study conducted\\npursuant to subdivision four of this section to determine, after\\nidentification of actual direct and indirect costs incurred by public\\nschool districts, whether it is advisable to claim federal reimbursement\\nfor expenditures under this section as certified public expenditures. In\\nthe event such claims are submitted, if federal reimbursement received\\nfor certified public expenditures on behalf of medical assistance\\nrecipients whose assistance and care are the responsibility of a social\\nservices district results in a decrease in the state share of annual\\nexpenditures pursuant to this section for such recipients, then to the\\nextent that the amount of any such decrease when combined with any\\ndecrease in the state share of annual expenditures described in\\nsubdivision five of section three hundred sixty-eight-e of this title\\nexceeds one hundred fifty million dollars for the period April 1, 2011\\nthrough March 31, 2013, or exceeds one hundred million dollars in state\\nfiscal years 2013-14 and 2014-15, the excess amount shall be transferred\\nto such public school districts in amounts proportional to their\\npercentage contribution to the statewide savings; an amount equal to\\nthirteen and five hundredths percent of any decrease in the state share\\nof annual expenditures pursuant to this section for such recipients in\\nstate fiscal year 2015-16 and any fiscal year thereafter shall be\\ntransferred to such public school districts in amounts proportional to\\ntheir percentage contribution to the statewide savings. Any amount\\ntransferred pursuant to this section shall not be considered a revenue\\nreceived by such social services district in determining the district's\\nactual medical assistance expenditures for purposes of paragraph (b) of\\nsection one of part C of chapter fifty-eight of the laws of two thousand\\nfive.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "368-E", "title" : "Reimbursement to counties for pre-school children with handicapping conditions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "368-E", "activeDate" : "2014-09-22", "sequenceNo" : 431, "repealedDate" : null, "fromSection" : "368-E", "toSection" : "368-E", "text" : " § 368-e. Reimbursement to counties for pre-school children with\\nhandicapping conditions. 1. The department of health shall review claims\\nfor expenditures made by counties and the city of New York for medical\\ncare, services and supplies which are furnished to preschool children\\nwith handicapping conditions or such preschool children suspected of\\nhaving handicapping conditions, as such children are defined in the\\neducation law. If approved by the department, payment for such medical\\ncare, services and supplies which would otherwise qualify for\\nreimbursement under this title and which are furnished in accordance\\nwith this title and the regulations of the department to such children,\\nshall be made in accordance with the department's approved medical\\nassistance fee schedules by payment to such county or city which\\nfurnished the care, services or supplies either directly or by contract.\\nNotwithstanding any provisions of law, rule or regulation to the\\ncontrary, any clinic or diagnostic and treatment center licensed under\\narticle twenty-eight of the public health law, which as determined by\\nthe state education department, in conjunction with the department of\\nhealth, has a less than arms length relationship with the provider\\napproved under section forty-four hundred ten of the education law\\nshall, subject to the approval of the department and based on standards\\ndeveloped by the department, be authorized to directly submit such\\nclaims for medical assistance, services or supplies so furnished for any\\nperiod beginning on or after July first, nineteen hundred ninety-seven.\\nThe actual full cost of the individualized education program (IEP)\\nrelated services incurred by the clinic shall be reported on the New\\nYork State Consolidated Fiscal Report in the education law section\\nforty-four hundred ten program cost center in which the student is\\nplaced and the associated medical assistance revenue shall be reported\\nin the same manner.\\n 2. Claims for payment under this section shall be made in such form\\nand manner, at such times, and for such periods as the department may\\nrequire.\\n 3. The commissioner of health is authorized to contract with one or\\nmore entities to conduct a study to determine actual direct and indirect\\ncosts incurred by counties for medical care, services and supplies,\\nincluding related special education services and special transportation,\\nfurnished to pre-school children with handicapping conditions.\\n 4. Notwithstanding any inconsistent provision of sections one hundred\\ntwelve and one hundred sixty-three of the state finance law, or section\\none hundred forty-two of the economic development law, or any other law,\\nthe commissioner of health is authorized to enter into a contract or\\ncontracts under subdivision three of this section without a competitive\\nbid or request for proposal process, provided, however, that:\\n (a) The department of health shall post on its website, for a period\\nof no less than thirty days:\\n (i) A description of the proposed services to be provided pursuant to\\nthe contract or contracts;\\n (ii) The criteria for selection of a contractor or contractors;\\n (iii) The period of time during which a prospective contractor may\\nseek selection, which shall be no less than thirty days after such\\ninformation is first posted on the website; and\\n (iv) The manner by which a prospective contractor may seek such\\nselection, which may include submission by electronic means;\\n (b) All reasonable and responsive submissions that are received from\\nprospective contractors in timely fashion shall be reviewed by the\\ncommissioner of health; and\\n (c) The commissioner of health shall select such contractor or\\ncontractors that, in his or her discretion, are best suited to serve the\\npurposes of this section.\\n (d) Upon selection of a contractor or contractors, the department of\\nhealth shall provide written notification of such selection and a\\nsummary of the criteria employed in such selection to the chair of the\\nsenate finance committee and the chair of the assembly ways and means\\ncommittee.\\n 5. The commissioner shall evaluate the results of the study conducted\\npursuant to subdivision three of this section to determine, after\\nidentification of actual direct and indirect costs incurred by counties\\nfor medical care, services, and supplies furnished to pre-school\\nchildren with handicapping conditions, whether it is advisable to claim\\nfederal reimbursement for expenditures under this section as certified\\npublic expenditures. In the event such claims are submitted, if federal\\nreimbursement received for certified public expenditures on behalf of\\nmedical assistance recipients whose assistance and care are the\\nresponsibility of a social services district, results in a decrease in\\nthe state share of annual expenditures pursuant to this section for such\\nrecipients, then to the extent that the amount of any such decrease when\\ncombined with any decrease in the state share of annual expenditures\\ndescribed in subdivision six of section three hundred sixty-eight-d of\\nthis title exceeds one hundred fifty million dollars for the period\\nApril 1, 2011 through March 31, 2013, or exceeds one hundred million\\ndollars in state fiscal years 2013-14 and 2014-15, the excess amount\\nshall be transferred to such counties in amounts proportional to their\\npercentage contribution to the statewide savings; an amount equal to\\nthirteen and five hundredths percent of any decrease in the state share\\nof annual expenditures pursuant to this section for such recipients in\\nstate fiscal year 2015-16 and any fiscal year thereafter shall be\\ntransferred to such counties in amounts proportional to their percentage\\ncontribution to the statewide savings. Any amount transferred pursuant\\nto this section shall not be considered a revenue received by such\\nsocial services district in determining the district's actual medical\\nassistance expenditures for purposes of paragraph (b) of section one of\\npart C of chapter fifty-eight of the laws of two thousand five.\\n The provisions of this section shall be of no force and effect unless\\nall necessary approvals under federal law and regulation have been\\nobtained to receive federal financial participation in the costs of\\nhealth care services provided pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "368-F", "title" : "Reimbursement of costs under the early intervention program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "368-F", "activeDate" : "2014-09-22", "sequenceNo" : 432, "repealedDate" : null, "fromSection" : "368-F", "toSection" : "368-F", "text" : " § 368-f. Reimbursement of costs under the early intervention program.\\n1. The department shall review claims for expenditures made by or on\\nbehalf of social services districts for the administration of the early\\nintervention program as established under title II-A of article\\ntwenty-five of the public health law. If approved by the department,\\npayment for such expenditures, which were made in accordance with this\\ntitle and the regulations of the department, shall be made by payment to\\nsuch district, which incurred the expenditure, either directly or by\\ncontract, of the amount of any federal funds properly received or to be\\nreceived on account of such expenditures.\\n 2. Claims for payment under this section shall be made in such form\\nand manner, at such times, and for such periods as the department may\\nrequire.\\n 3. The department's liability for payment for such administrative\\nexpenditures made by or on behalf of districts under this section shall\\nbe limited solely to payment of the federal funds received, or to be\\nreceived, on account of such expenditures. In the event of any\\nsubsequent disallowances or recoupment of such funds by a federal\\ngovernmental agency, upon notification by the commissioner, the\\ncomptroller shall withhold or cause to be withheld the amount of such\\ndisallowance or recoupment from any moneys otherwise due the district,\\nas state aid pursuant to any provision of law, and the comptroller shall\\ntransfer such amount to the credit of the department of social services\\nmedical assistance administration program - local assistance account.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369", "title" : "Application of other provisions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "369", "activeDate" : "2022-07-29", "sequenceNo" : 433, "repealedDate" : null, "fromSection" : "369", "toSection" : "369", "text" : " § 369. Application of other provisions. 1. All provisions of this\\nchapter not inconsistent with this title shall be applicable to medical\\nassistance for needy persons and the administration thereof by the\\nsocial services districts.\\n 2. (a) Notwithstanding any inconsistent provision of this chapter or\\nother law, no lien may be imposed against the property of any individual\\nprior to his or her death on account of medical assistance paid or to be\\npaid on his or her behalf under this title, except:\\n (i) pursuant to the judgment of a court on account of benefits\\nincorrectly paid on behalf of such individual, or\\n (ii) with respect to the real property of an individual who is an\\ninpatient in a nursing facility, intermediate care facility for\\nindividuals with developmental disabilities, or other medical\\ninstitution, who is not reasonably expected to be discharged from the\\nmedical institution and to return home, and who is required, as a\\ncondition of receiving services in such institution under the state plan\\nfor medical assistance, to spend for costs of medical care all but a\\nminimal amount of his or her income required for personal needs;\\nprovided, however, any such lien will dissolve upon the individual's\\ndischarge from the medical institution and return home; in addition, no\\nsuch lien may be imposed on the individual's home if one of the\\nfollowing persons is lawfully residing in the home:\\n (A) the spouse of the individual;\\n (B) a child of the individual who is under twenty-one years of age or\\nwho is blind or permanently and totally disabled; or\\n (C) a sibling of the individual who has an equity interest in the home\\nand who was residing in the home for a period of at least one year\\nimmediately before the date of the individual's admission to the medical\\ninstitution.\\n (b) (i) Notwithstanding any inconsistent provision of this chapter or\\nother law, no adjustment or recovery may be made against the property of\\nany individual on account of any medical assistance correctly paid to or\\non behalf of an individual under this title, except that recoveries must\\nbe pursued:\\n (A) upon the sale of the property subject to a lien imposed on account\\nof medical assistance paid to an individual described in clause (ii) of\\nparagraph (a) of this subdivision, or from the estate of such\\nindividual; and\\n (B) from the estate of an individual who was fifty-five years of age\\nor older when he or she received such assistance, provided that for\\nindividuals whose eligibility for medical assistance was based on\\nparagraph (b) of subdivision one of section three hundred sixty-six of\\nthis title, recovery shall be limited to medical assistance consisting\\nof nursing facility services, home and community-based services, and\\nrelated hospital and prescription drug services.\\n (ii) Any such adjustment or recovery shall be made only after the\\ndeath of the individual's surviving spouse, if any, and only at a time\\nwhen the individual has no surviving child who is under twenty-one years\\nof age or is blind or permanently and totally disabled, provided,\\nhowever, that nothing herein contained shall be construed to prohibit\\nany adjustment or recovery for medical assistance furnished pursuant to\\nsubdivision three of section three hundred sixty-six of this chapter.\\n (iii) In the case of a lien on an individual's home, any such\\nadjustment or recovery shall be made only when:\\n (A) no sibling of the individual who was residing in the individual's\\nhome for a period of at least one year immediately before the date of\\nthe individual's admission to a medical institution referred to in\\nsubparagraph (ii) of paragraph (a) of subdivision two of this section,\\nand is lawfully residing in such home and has lawfully resided in such\\nhome on a continuous basis since the date of the individual's admission\\nto the medical institution, and\\n (B) no child of the individual who was residing in the individual's\\nhome for a period of at least two years immediately before the date of\\nthe individual's admission to a medical institution referred to in\\nsubparagraph (ii) of paragraph (a) of subdivision two of this section,\\nand who establishes to the satisfaction of the state that he or she\\nprovided care to such individual which permitted such individual to\\nreside at home rather than in an institution, and is lawfully residing\\nin such home and has lawfully resided in such home on a continuous basis\\nsince the date of the individual's admission to the medical institution.\\n (c) Nothing contained in this subdivision shall be construed to alter\\nor affect the right of a social services official to recover the cost of\\nmedical assistance provided to an injured person in accordance with the\\nprovisions of section one hundred four-b of this chapter.\\n (d) Where a recovery or adjustment is made pursuant to this title with\\nrespect to a case in a federally-aided category of medical assistance, a\\npart of the net amount resulting from such recovery or adjustment shall\\nbe paid or credited to the federal government pursuant to federal law\\nand the regulations of the federal department of health and human\\nservices.\\n 3. The department and any social services district is hereby\\nauthorized to maintain an action subject to sections one hundred one and\\none hundred four of this chapter to collect from either a trustee,\\ncreator, or creator's spouse any beneficial interest of either the\\ncreator or creator's spouse in any trust, other than a testamentary\\ntrust, to reimburse such department or district for the costs of medical\\nassistance furnished to, or on behalf of, a creator or creator's spouse.\\nFor the purpose of this subdivision, the beneficial interest of the\\ncreator or creator's spouse includes the income and any principal\\namounts to which the creator or creator's spouse would have been\\nentitled by the terms of such trust by right or in the discretion of the\\ntrustee, assuming the full exercise of discretion by the trustee for the\\ndistribution of the maximum amount to either the creator or the\\ncreator's spouse.\\n 4. Any inconsistent provision of this chapter or other law\\nnotwithstanding, all information received by social services and public\\nhealth officials and service officers concerning applicants for and\\nrecipients of medical assistance may be disclosed or used only for\\npurposes directly connected with the administration of medical\\nassistance for needy persons.\\n 5. The requirements of this section with respect to adjustments and\\nrecoveries of medical assistance correctly paid shall be waived in cases\\nof undue hardship, as determined pursuant to the regulations of the\\ndepartment in accordance with criteria established by the secretary of\\nthe federal department of health and human services.\\n 6. For purposes of this section, the term \"estate\" means all real and\\npersonal property and other assets included within the individual's\\nestate and passing under the terms of a valid will or by intestacy.\\n 7. Notwithstanding any provision of law to the contrary, the\\ndepartment shall, when it determines necessary program features are in\\nplace, assume sole responsibility for commencing actions or proceedings\\nin accordance with the provisions of this section, sections one hundred\\none, one hundred four, one hundred four-b, paragraph (a) of subdivision\\nthree of section three hundred sixty-six, subparagraph one of paragraph\\n(h) of subdivision four of section three hundred sixty-six, and\\nparagraph (b) of subdivision two of section three hundred sixty-seven-a\\nof this chapter, to recover the cost of medical assistance furnished\\npursuant to this title and title eleven-D of this article. The\\ndepartment is authorized to contract with an entity that shall conduct\\nactivities on behalf of the department pursuant to this subdivision.\\nPrior to assuming such responsibility from a social services district,\\nthe department of health shall, in consultation with the district,\\ndefine the scope of the services the district will be required to\\nperform on behalf of the department of health pursuant to this\\nsubdivision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 78 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T11-B", "title" : "Health Insurance Continuation Program For Persons With Aids", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11-B", "activeDate" : "2014-09-22", "sequenceNo" : 434, "repealedDate" : null, "fromSection" : "369-K", "toSection" : "369-N", "text" : " TITLE 11-B\\n HEALTH INSURANCE CONTINUATION PROGRAM\\n FOR PERSONS WITH AIDS\\nSection 369-k. Definitions.\\n 369-l. Establishment of program.\\n 369-m. Program eligibility and operations.\\n 369-n. Relationship of program to medical assistance program.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-K", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-K", "activeDate" : "2014-09-22", "sequenceNo" : 435, "repealedDate" : null, "fromSection" : "369-K", "toSection" : "369-K", "text" : " § 369-k. Definitions. As used in this section:\\n 1. \"Health insurance\" shall mean insurance or an employee benefit plan\\nagainst sickness, ailment or bodily injury of the employee and, if\\ncovered, his or her dependents, other than (i) insurance or an employee\\nbenefit plan providing disability benefits; or (ii) medical assistance\\nbenefits received under title eleven of this article.\\n 2. \"Health insurance costs\" means the premiums or contributions paid\\nfor health insurance by or on behalf of a person with AIDS.\\n 3. \"Household\" means the person with AIDS and all other persons\\nresiding in the same dwelling for whom such person would be responsible\\npursuant to section one hundred one of this chapter, or for whom such\\nperson has assumed responsibility.\\n 4. \"Persons with AIDS\" means persons who are diagnosed as having\\nacquired immune deficiency syndrome (AIDS) or who have human\\nimmunodeficiency virus (HIV)-related illness, as defined in regulation\\nby the state department of health.\\n 5. \"Poverty line\" means the federal income official poverty line (as\\ndefined and annually revised by the federal office of management and\\nbudget).\\n 6. \"Program\" means the health insurance continuation program for\\npersons with AIDS established by section three hundred sixty-nine-l of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-L", "title" : "Establishment of program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-L", "activeDate" : "2014-09-22", "sequenceNo" : 436, "repealedDate" : null, "fromSection" : "369-L", "toSection" : "369-L", "text" : " § 369-l. Establishment of program. 1. There is hereby established\\nwithin the department of social services the health insurance\\ncontinuation program for persons with AIDS.\\n 2. Notwithstanding any inconsistent provision of law, the\\ncommissioner, subject to the approval of the director of the budget, may\\napply for appropriate waivers under federal law and regulation or take\\nother actions to secure federal financial participation in the costs of\\nthe program; may waive or modify any provisions of this chapter or\\nregulation of the department to implement this title; or may promulgate\\nsuch regulations as necessary to implement this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-M", "title" : "Program eligibility and operations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-M", "activeDate" : "2014-09-22", "sequenceNo" : 437, "repealedDate" : null, "fromSection" : "369-M", "toSection" : "369-M", "text" : " § 369-m. Program eligibility and operations. 1. In accordance with\\nregulations of the commissioner, a social services district shall pay\\nall or part of the health insurance costs on behalf of a person with\\nAIDS who:\\n (a) is unemployed, or, if employed, currently is ineligible to\\nparticipate in health insurance through his or her current employer or\\nsuch employer offers no such plan; and\\n (b) participated in the plan of health insurance provided by his or\\nher prior employer and is eligible to continue or convert his or her\\nparticipation in such plan by assuming the health insurance costs\\nassociated with such plan although no longer employed by such employer;\\nand\\n (c) resides in a household whose household income is less than or\\nequal to one hundred eighty-five percent of the poverty line.\\n 2. For purposes of determining eligibility under this title, household\\nincome shall be determined by use of the same methodology used to\\ndetermine eligibility for federal supplemental security income benefits,\\nprovided that costs incurred for medical or remedial care shall not be\\ntaken into account in determining household income; and, provided\\nfurther, that any resources available to such household shall not be\\nconsidered nor required to be applied to the payment of health care\\nexpenses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-N", "title" : "Relationship of program to medical assistance program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-N", "activeDate" : "2014-09-22", "sequenceNo" : 438, "repealedDate" : null, "fromSection" : "369-N", "toSection" : "369-N", "text" : " § 369-n. Relationship of program to medical assistance program. 1. Any\\nperson eligible for medical assistance benefits under title eleven of\\nthis article or who would be eligible for such benefits if an\\napplication were to be made pursuant to section three hundred sixty-six\\nof this article shall not be eligible for the payment of all or part of\\nsuch person's health insurance costs under this program. If all members\\nof a household can establish eligibility for medical assistance benefits\\nunder the excess income program by use of paid or incurred bills, no\\nperson in that household shall be eligible for the payment of all or\\npart of such person's health insurance costs under this program.\\n 2. Notwithstanding any inconsistent provision of law, expenditures\\nincurred by social services districts under this title related to\\nprogram expenses shall be considered expenditures under the program of\\nmedical assistance for needy persons under title eleven of this article\\nand there shall be paid to each such district fifty percent of the\\namount expended by such district under this title, and for the\\nadministration thereof, after first deducting therefrom any federal\\nfunds properly received or to be received on account thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T11-C", "title" : "Medicaid Drug Utilization Review", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11-C", "activeDate" : "2014-09-22", "sequenceNo" : 439, "repealedDate" : null, "fromSection" : "369-AA", "toSection" : "369-CC", "text" : " TITLE 11-C\\n MEDICAID DRUG UTILIZATION REVIEW\\nSection 369-aa. Definitions.\\n 369-bb. Drug utilization review board.\\n 369-cc. Retrospective and prospective drug utilization review.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-AA", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-AA", "activeDate" : "2014-09-22", "sequenceNo" : 440, "repealedDate" : null, "fromSection" : "369-AA", "toSection" : "369-AA", "text" : " § 369-aa. Definitions. In this article:\\n 1. \"Drug utilization review or (DUR)\" shall mean the program designed\\nto measure and to assess on a retrospective and a prospective basis the\\nproper use of outpatient drugs in the medicaid program. Such program\\nshall be in addition to the activities of the department with respect to\\nthe detection of fraud and abuse in the medical assistance program, the\\nsanctioning of providers determined to have engaged in unacceptable\\npractices under the medical assistance program, and the recovery of\\noverpayments of medical assistance made to providers under the medical\\nassistance program.\\n 2. \"Board\" shall mean the drug utilization review board created under\\nthis title.\\n 3. \"Intervention\" shall mean a form of communication utilized by the\\nDUR board with a prescriber or pharmacist to inform about or to\\ninfluence prescribing or dispensing practices.\\n 4. \"SURS\" shall mean the surveillance utilization review system of\\nmedicaid.\\n 5. \"Retrospective DUR\" shall mean that part of the drug utilization\\nreview program that assesses or measures drug use based on an historical\\nreview of drug use data against predetermined and explicit criteria and\\nstandards on an ongoing basis with professional input.\\n 6. \"Prospective DUR\" shall mean that part of the drug utilization\\nreview program that is to occur before the drug is dispensed that is\\ndesigned to screen for potential drug therapy problems based on explicit\\nand predetermined standards.\\n 7. \"Criteria\" shall mean those predetermined and explicitly accepted\\nelements that are used to measure drug use on an ongoing basis to\\ndetermine if the use is appropriate, medically necessary, and not likely\\nto result in adverse medical outcomes.\\n 8. \"Compendia\" shall mean those resources widely accepted by the\\nmedical profession in the efficacious use of drugs which is based on,\\nbut not limited to, these sources: \"American Hospital Formulary Services\\nDrug Information,\" \"U.S. Pharmacopeia - Drug Information,\" \"AMA Drug\\nEvaluations,\" the peer-reviewed medical literature, and information\\nprovided from the manufacturers of drug products.\\n 9. \"Standards\" shall mean the acceptable range of deviation from the\\ncriteria that reflects appropriate medical practice and that is tested\\non the medicaid recipient database.\\n 10. \"Therapeutic duplication\" shall mean the prescribing and\\ndispensing of the same drug or of two or more drugs from the same\\ntherapeutic class where overlapping time periods of drug administration\\nare involved and where such prescribing or dispensing is not medically\\nindicated.\\n 11. \"Drug-disease contraindications\" shall mean the occurrence where\\nthe therapeutic effect of a drug is adversely altered by the presence of\\nanother disease condition.\\n 12. \"Drug-interactions\" shall mean the occurrence where two or more\\ndrugs taken by a recipient lead to clinically significant toxicity that\\nis characteristic of one or any of the drugs present or that leads to\\nthe interference with the effectiveness of one or any of the drugs.\\n 13. \"Therapeutic appropriateness\" shall mean drug prescribing and\\ndispensing based on rational drug therapy that is consistent with\\ncriteria and standards of the compendia.\\n 14. \"Overutilization or underutilization\" shall mean the use of a drug\\nin such quantities where the desired therapeutic goal is not achieved.\\n 15. \"Appropriate and medically necessary\" shall mean drug prescribing\\nand dispensing and patient medication usage in conformity with the\\ncriteria and standards developed under this chapter.\\n 16. \"Step therapy\" shall mean the practice of beginning drug therapy\\nfor a medical condition with the most medically appropriate and cost\\neffective therapy and progressing to other drugs as medically necessary.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-BB", "title" : "Drug utilization review board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28" ], "docLevelId" : "369-BB", "activeDate" : "2017-04-28", "sequenceNo" : 441, "repealedDate" : null, "fromSection" : "369-BB", "toSection" : "369-BB", "text" : " § 369-bb. Drug utilization review board. 1. A twenty-three-member\\ndrug utilization review board is hereby created in the department. The\\nboard is responsible for the establishment and implementation of medical\\nstandards and criteria for the retrospective and prospective DUR\\nprogram.\\n 2. The members of the DUR board shall be appointed by the commissioner\\nand shall serve a three-year term. Members may be reappointed upon the\\ncompletion of other terms. The membership shall be comprised of the\\nfollowing:\\n (a) Six persons licensed and actively engaged in the practice of\\nmedicine in the state, with expertise in the areas of mental health,\\nHIV/AIDS, geriatrics, pediatrics or internal medicine and who may be\\nselected based on input from professional associations and/or advocacy\\ngroups in New York state.\\n (b) Six persons licensed and actively practicing in pharmacy in the\\nstate who may be selected based on input from professional associations\\nand/or advocacy groups in New York state.\\n (c) Two persons with expertise in drug utilization review who are\\nhealth care professionals licensed under Title VIII of the education law\\nat least one of whom is a pharmacologist.\\n (d) Three persons that are consumers or consumer representatives of\\norganizations with a regional or statewide constituency and who have\\nbeen involved in activities related to health care consumer advocacy,\\nincluding issues affecting Medicaid or EPIC recipients.\\n (e) One person licensed and actively practicing as a nurse\\npractitioner or midwife.\\n (f) Two persons who are health care economists.\\n (g) One person who is an actuary.\\n (h) One person representing the department of financial services.\\n (i) The commissioner shall designate a person from the department to\\nserve as chairperson of the board.\\n 3. The appointed members to the board, or its agents shall have no\\nsanctions against them by medicare or medicaid.\\n 4. The appointments to this board shall be made so that the length of\\nthe terms are staggered. In making the appointments, the commissioner\\nshall consider geographic balance in the representation on the board.\\n 5. (a) The functions, powers and duties of the former pharmacy and\\ntherapeutics committee as established in article two-A of the public\\nhealth law shall now be considered a function of the drug utilization\\nreview board, including but not limited to:\\n (i) conducting an executive session for the purpose of receiving and\\nevaluating drug pricing information related to supplemental rebates, or\\nreceiving and evaluating trade secrets, or other information which, if\\ndisclosed, would cause substantial injury to the competitive position of\\nthe manufacturer; and\\n (ii) evaluating and providing recommendations to the commissioner of\\nhealth on other issues relating to pharmacy services under Medicaid or\\nEPIC, including, but not limited to: therapeutic comparisons; enhanced\\nuse of generic drug products; enhanced targeting of physician\\nprescribing patterns; and\\n (iii) collaborating with managed care organizations to address drug\\nutilization concerns and to implement consistent management strategies\\nacross the fee-for-service and managed care pharmacy benefits.\\n (b) Any business or other matter undertaken or commenced by the\\npharmacy and therapeutics committee pertaining to or connected with the\\nfunctions, powers, obligations and duties are hereby transferred and\\nassigned to the drug utilization review board and pending on the\\neffective date of this subdivision, may be conducted and completed by\\nthe drug utilization review board in the same manner and under the same\\nterms and conditions and with the same effect as if conducted and\\ncompleted by the pharmacy and therapeutics committee. All books, papers,\\nand property of the pharmacy and therapeutics committee shall continue\\nto be maintained by the drug utilization review board.\\n (c) All rules, regulations, acts, orders, determinations, and\\ndecisions of the pharmacy and therapeutics committee pertaining to the\\nfunctions and powers herein transferred and assigned, in force at the\\ntime of such transfer and assumption, shall continue in full force and\\neffect as rules, regulations, acts, orders, determinations and decisions\\nof the drug utilization review board until duly modified or abrogated by\\nthe commissioner of health.\\n 6. Members of the DUR utilization review board and all its employees\\nand agents shall be deemed to be an \"employee\" for purposes of section\\nseventeen of the public officers law.\\n 7. The department shall provide administrative support to the DUR\\nboard.\\n 8. The duties of the DUR board are as follows:\\n (a) The development and application of the predetermined criteria and\\nstandards to be used in retrospective and prospective DUR that ensure\\nthat such criteria and standards are based on the compendia and that\\nthey are developed with professional input in a consensus fashion with\\nprovisions for timely revisions and assessments as necessary. Further,\\nthat the DUR standards shall reflect the appropriate practices of\\nphysicians in order to monitor:\\n (i) Therapeutic appropriateness;\\n (ii) Overutilization or underutilization;\\n (iii) Therapeutic duplication;\\n (iv) Drug-disease contraindications;\\n (v) Drug-drug interactions;\\n (vi) Incorrect drug dosage or duration of drug treatment; and\\n (vii) Clinical abuse/misuse.\\n (b) The development, selection, application, and assessment of\\ninterventions or remedial strategies for physicians, pharmacists, and\\nrecipients that are educational and not punitive in nature to improve\\nthe quality of care including:\\n (i) Information disseminated to physicians and pharmacists to ensure\\nthat physicians and pharmacists are aware of the board's duties and\\npowers;\\n (ii) Written, oral, or electronic reminders of patient-specific or\\ndrug-specific information that are designed to ensure recipient,\\nphysician, and pharmacist confidentiality, and suggested changes in the\\nprescribing or dispensing practices designed to improve the quality of\\ncare;\\n (iii) Use of face-to-face discussions between experts in drug therapy\\nand the prescriber or pharmacist who has been targeted for educational\\nintervention;\\n (iv) Intensified reviews or monitoring of selected prescribers or\\npharmacists;\\n (v) The creation of an educational program using data provided through\\nDUR to provide for active and ongoing educational outreach programs to\\nimprove prescribing and dispensing practices as provided in this\\nsubdivision. (This may be done directly or through contract with other\\nentities);\\n (vi) The timely evaluation of interventions to determine if the\\ninterventions have improved the quality of care; and\\n (vii) The review of case profiles prior to the conducting of an\\nintervention.\\n (c) The publication of an annual report which shall be subject to the\\ndepartment's comment prior to its issuance to the federal department of\\nhealth and human services by December first of each year. The annual\\nreport also shall be submitted to the governor and the legislature\\nbefore December first of each year. The report shall include the\\nfollowing information:\\n (i) A description of the activities of the board, including the nature\\nand scope of the prospective and retrospective drug use review programs;\\n (ii) A summary of the interventions used;\\n (iii) An assessment of the impact of these educational interventions\\nin quality of care;\\n (iv) An estimate of the cost savings generated as a result of such\\nprogram; and\\n (v) Recommendations for program improvement.\\n (d) The development of a working agreement for the DUR board with\\nrelated boards or agencies, including, but not limited to: the board of\\npharmacy, the board of medicine, the SURS staff, and staff of the\\ndepartment of health and the office of mental health, in order to\\nclarify the areas of responsibility for each where such areas may\\noverlap.\\n (e) The establishment of a process where physicians or pharmacists\\nwill have the opportunity to submit responses to the DUR educational\\nletters.\\n (f) The publication and dissemination of educational information to\\nphysicians and pharmacists on the DUR board and the DUR program to\\ninclude information on:\\n (i) Identifying and reducing the frequency of patterns of fraud,\\nabuse, gross overuse, or inappropriate or medically unnecessary care\\namong physicians, pharmacists, and recipients;\\n (ii) Potential or actual severe/adverse reactions to drugs;\\n (iii) Therapeutic appropriateness;\\n (iv) Overutilization or underutilization;\\n (v) Appropriate use of generics;\\n (vi) Therapeutic duplication;\\n (vii) Drug-disease contraindications;\\n (viii) Drug-drug interactions;\\n (ix) Incorrect drug dosage/duration of drug treatments;\\n (x) Drug allergy interactions; and\\n (xi) Clinical abuse/misuse.\\n (g) The evaluation of specific drugs submitted to the board for review\\npursuant to section two hundred eighty of the public health law, and the\\nformulation of recommended target supplemental rebates, in accordance\\nwith the standards established in such section.\\n (h) The adoption and implementation of procedures designed to ensure\\nthe confidentiality of any information collected, stored, retrieved,\\nassessed or analyzed by the DUR board, staff to the board, or\\ncontractors to the DUR program, that identifies individual physicians,\\npharmacists, or recipients. The board may have access to identifying\\ninformation for purposes of carrying out intervention activities, but\\nsuch identifying information may not be released to anyone other than a\\nmember of the DUR board or the department and its agents.\\n (i) The improper release of identifying information in violation of\\nthis article may subject that person to criminal or civil penalties.\\n (j) The board may release cumulative non-identifying information for\\npurposes of legitimate research.\\n 9. The relationship of the DUR board to the department is as follows:\\n (a) The department shall monitor the DUR board's compliance to federal\\nand state statute and regulation.\\n (b) The DUR board shall serve at the discretion of the commissioner.\\n (c) The department shall have authority on all fiscal matters relating\\nto the DUR program.\\n (d) The department shall have authority on all administrative matters\\nrelating to the administration of the medical assistance program within\\nthe DUR program.\\n (e) The DUR board shall have responsibility for all medical matters\\nrelating to the DUR program.\\n (f) The DUR board may utilize medical consultants and review\\ncommittees as necessary, subject to department approval.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-CC", "title" : "Retrospective and prospective drug utilization review", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "369-CC", "activeDate" : "2014-09-22", "sequenceNo" : 442, "repealedDate" : null, "fromSection" : "369-CC", "toSection" : "369-CC", "text" : " § 369-cc. Retrospective and prospective drug utilization review. The\\ndepartment, in cooperation with the DUR board, shall include in its\\nstate plan the creation and implementation of a retrospective and\\nprospective DUR program for medicaid outpatient drugs to ensure that the\\nprescriptions are appropriate, medically necessary, and not likely to\\nresult in adverse medical outcomes.\\n 1. The retrospective and prospective DUR program shall be operated\\nunder the guidelines and procedures established by the DUR board.\\n 2. The retrospective DUR program shall be based on the guidelines\\nestablished by the DUR board and shall use the mechanized drug claims\\nprocessing and information retrieval system to analyze claims data to:\\n (a) Identify patterns of gross overuse, and inappropriate or medically\\nunnecessary care.\\n (b) Assess data on drug use against explicit predetermined standards\\nthat are based on the compendia and other sources to monitor the\\nfollowing:\\n (i) Therapeutic appropriateness;\\n (ii) Overutilization or underutilization;\\n (iii) Therapeutic duplication;\\n (iv) Drug-disease contraindications;\\n (v) Drug-drug interactions;\\n (vi) Incorrect drug dosage or duration of drug treatment; and\\n (vii) Clinical abuse/misuse.\\n 3. The prospective DUR program shall be based on the guidelines\\nestablished by the DUR board not in conflict with education or social\\nservices laws and shall provide that prior to the prescription being\\nfilled or delivered, a review will be conducted by the pharmacist at the\\npoint of sale to screen for potential drug therapy problems resulting\\nfrom:\\n (a) Therapeutic duplication;\\n (b) Drug-drug interactions;\\n (c) Incorrect dosage/duration of treatment;\\n (d) Drug-allergy interactions;\\n (e) Clinical abuse/misuse.\\nIn conducting the prospective DUR, the pharmacist may not alter the\\nprescribed outpatient drug therapy without the consent of the prescriber\\nwho prescribed that therapy.\\n 4. (a) The commissioner, through the prospective DUR program, may\\nrequire step therapy when there is more than one drug appropriate to\\ntreat a medical condition. The purpose of step therapy is to encourage\\nthe use of medically appropriate, cost effective drugs when clinically\\nindicated and to limit use of alternative drug therapies unless certain\\nclinical requirements are met. The DUR board shall recommend guidelines\\nfor specific diagnoses and therapy regimens within which practitioners\\nmay prescribe drugs without the requirement for prior authorization of\\nthose drugs. In establishing these guidelines, the board shall consider\\nclinical effectiveness, safety, and cost effectiveness. Prior\\nauthorization under this paragraph shall be obtained under section two\\nhundred seventy-three of the public health law.\\n (b) The commissioner, through the prospective DUR program, may from\\ntime to time limit the quantity, frequency, and duration of drug\\ntherapy, using guidelines developed by the DUR board. The DUR board\\nshall develop clinical prescribing guidelines relating to quantity,\\nfrequency, and duration of drug therapy for the commissioner's use under\\nthis paragraph. In establishing these guidelines, the board shall\\nconsider clinical effectiveness, safety, and cost effectiveness. Prior\\nauthorization under this paragraph shall be obtained under section two\\nhundred seventy-three of the public health law. Exceptions to any prior\\nauthorization imposed as a result of these guidelines shall include, but\\nneed not be limited to, provision for emergency circumstances where a\\nmedical condition requires alleviation of severe pain or which threatens\\nto cause disability or to take a life if not promptly treated.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T11-D", "title" : "Basic Health Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-01-23", "2021-04-23", "2021-06-04", "2023-03-03", "2023-05-12", "2024-05-03" ], "docLevelId" : "11-D", "activeDate" : "2023-05-12", "sequenceNo" : 443, "repealedDate" : null, "fromSection" : "369-GG", "toSection" : "369-II", "text" : " TITLE 11-D\\n * BASIC HEALTH PROGRAM\\n * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n * FAMILY HEALTH PLUS PROGRAM\\n * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\nSection 369-gg. Basic health program.\\n 369-ii. 1332 state innovation program.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-GG", "title" : "Basic health program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-10", "2015-05-01", "2021-04-23", "2021-06-04", "2022-04-22", "2022-04-29", "2022-12-16", "2023-01-06", "2024-05-03", "2025-05-16", "2026-06-05" ], "docLevelId" : "369-GG", "activeDate" : "2023-01-06", "sequenceNo" : 444, "repealedDate" : null, "fromSection" : "369-GG", "toSection" : "369-GG", "text" : " § 369-gg. Basic health program. 1. Definitions. For purposes of this\\nsection:\\n (a) \"Eligible organization\" means an insurer licensed pursuant to\\narticle thirty-two or forty-two of the insurance law, a corporation or\\nan organization under article forty-three of the insurance law, or an\\norganization certified under article forty-four of the public health\\nlaw, including providers certified under section forty-four hundred\\nthree-e of the public health law;\\n (b) \"Approved organization\" means an eligible organization approved by\\nthe commissioner to underwrite a basic health insurance plan pursuant to\\nthis title;\\n * (c) \"Health care services\" means (i) the services and supplies as\\ndefined by the commissioner in consultation with the superintendent of\\nfinancial services, and shall be consistent with and subject to the\\nessential health benefits as defined by the commissioner in accordance\\nwith the provisions of the patient protection and affordable care act\\n(P.L. 111-148) and consistent with the benefits provided by the\\nreference plan selected by the commissioner for the purposes of defining\\nsuch benefits, and shall include coverage of and access to the services\\nof any national cancer institute-designated cancer center licensed by\\nthe department of health within the service area of the approved\\norganization that is willing to agree to provide cancer-related\\ninpatient, outpatient and medical services to all enrollees in approved\\norganizations' plans in such cancer center's service area under the\\nprevailing terms and conditions that the approved organization requires\\nof other similar providers to be included in the approved organization's\\nnetwork, provided that such terms shall include reimbursement of such\\ncenter at no less than the fee-for-service medicaid payment rate and\\nmethodology applicable to the center's inpatient and outpatient\\nservices; (ii) dental and vision services as defined by the\\ncommissioner, and (iii) as defined by the commissioner and subject to\\nfederal approval, certain services and supports provided to enrollees\\neligible pursuant to subparagraph one of paragraph (g) of subdivision\\none of section three hundred sixty-six of this article who have\\nfunctional limitations and/or chronic illnesses that have the primary\\npurpose of supporting the ability of the enrollee to live or work in the\\nsetting of their choice, which may include the individual's home, a\\nworksite, or a provider-owned or controlled residential setting;\\n * NB Effective until December 31, 2024\\n * (c) \"Health care services\" means (i) the services and supplies as\\ndefined by the commissioner in consultation with the superintendent of\\nfinancial services, and shall be consistent with and subject to the\\nessential health benefits as defined by the commissioner in accordance\\nwith the provisions of the patient protection and affordable care act\\n(P.L. 111-148) and consistent with the benefits provided by the\\nreference plan selected by the commissioner for the purposes of defining\\nsuch benefits, and shall include coverage of and access to the services\\nof any national cancer institute-designated cancer center licensed by\\nthe department of health within the service area of the approved\\norganization that is willing to agree to provide cancer-related\\ninpatient, outpatient and medical services to all enrollees in approved\\norganizations' plans in such cancer center's service area under the\\nprevailing terms and conditions that the approved organization requires\\nof other similar providers to be included in the approved organization's\\nnetwork, provided that such terms shall include reimbursement of such\\ncenter at no less than the fee-for-service medicaid payment rate and\\nmethodology applicable to the center's inpatient and outpatient\\nservices; and (ii) dental and vision services as defined by the\\ncommissioner, and (iii) as defined by the commissioner and subject to\\nfederal approval, certain services and supports provided to enrollees\\nwho have functional limitations and/or chronic illnesses that have the\\nprimary purpose of supporting the ability of the enrollee to live or\\nwork in the setting of their choice, which may include the individual's\\nhome, a worksite, or a provider-owned or controlled residential setting;\\n * NB Effective January 1, 2025 until January 1, 2028\\n * (c) \"Health care services\" means (i) the services and supplies as\\ndefined by the commissioner in consultation with the superintendent of\\nfinancial services, and shall be consistent with and subject to the\\nessential health benefits as defined by the commissioner in accordance\\nwith the provisions of the patient protection and affordable care act\\n(P.L. 111-148) and consistent with the benefits provided by the\\nreference plan selected by the commissioner for the purposes of defining\\nsuch benefits, and (ii) as defined by the commissioner and subject to\\nfederal approval, certain services and supports provided to enrollees\\nwho have functional limitations and/or chronic illnesses that have the\\nprimary purpose of supporting the ability of the enrollee to live or\\nwork in the setting of their choice, which may include the individual's\\nhome, a worksite, or a provider-owned or controlled residential setting;\\n * NB Effective January 1, 2028 if federal approval is withdrawn or 42\\nU.S.C. 18051 is repealed\\n (d) \"Qualified health plan\" means a health plan that meets the\\ncriteria for certification described in § 1311(c) of the Patient\\nProtection and Affordable Care Act (P.L. 111-148), and is offered to\\nindividuals through the health insurance exchange marketplace; and\\n * (e) \"Basic health insurance plan\" means a standard health plan\\nproviding health care services, separate and apart from qualified health\\nplans, that is issued by an approved organization and certified in\\naccordance with this section.\\n * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n * (e) \"Basic health insurance plan\" means a standard health plan,\\nseparate and apart from qualified health plans, that is issued by an\\napproved organization and certified in accordance with this section.\\n * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n 2. Authorization. If it is in the financial interest of the state to\\ndo so, the commissioner of health is authorized, with the approval of\\nthe director of the budget, to establish a basic health program. The\\ncommissioner's authority pursuant to this section is contingent upon\\nobtaining and maintaining all necessary approvals from the secretary of\\nhealth and human services to offer a basic health program in accordance\\nwith 42 U.S.C. 18051. The commissioner may take any and all actions\\nnecessary to obtain such approvals. Notwithstanding the foregoing,\\nwithin ninety days of the effective date of the chapter of the laws of\\ntwo thousand fifteen which amended this subdivision the commissioner\\nshall submit a report to the temporary president of the senate and the\\nspeaker of the assembly detailing a contingency plan in the event\\neligibility rules or regulations are modified or repealed; or in the\\nevent federal payment is reduced from ninety five percent of the premium\\ntax credits and cost-sharing reductions pursuant to the patient\\nprotection and affordable care act (P.L. 111-148). The contingency plan\\nshall be implemented within ninety days of the above stated events or\\nthe time period specified in federal law.\\n 3. Eligibility. A person is eligible to receive coverage for health\\ncare services pursuant to this title if he or she:\\n (a) resides in New York state and is under sixty-five years of age;\\n (b) is not eligible for medical assistance under title eleven of this\\narticle or for the child health insurance plan described in title one-A\\nof article twenty-five of the public health law;\\n (c) is not eligible for minimum essential coverage, as defined in\\nsection 5000A(f) of the Internal Revenue Service Code of 1986, or is\\neligible for an employer-sponsored plan that is not affordable, in\\naccordance with section 5000A of such code; and\\n * (d) (i) except as provided by subparagraph (ii) of this paragraph,\\nhas household income at or below two hundred percent of the federal\\npoverty line defined and annually revised by the United States\\ndepartment of health and human services for a household of the same\\nsize; and has household income that exceeds one hundred thirty-three\\npercent of the federal poverty line defined and annually revised by the\\nUnited States department of health and human services for a household of\\nthe same size; however, MAGI eligible noncitizens lawfully present in\\nthe United States with household incomes at or below one hundred\\nthirty-three percent of the federal poverty line shall be eligible to\\nreceive coverage for health care services pursuant to the provisions of\\nthis title if such noncitizen would be ineligible for medical assistance\\nunder title eleven of this article due to their immigration status;\\n (ii) subject to federal approval and the use of state funds, unless\\nthe commissioner may use funds under subdivision seven of this section,\\nhas household income at or below two hundred fifty percent of the\\nfederal poverty line defined and annually revised by the United States\\ndepartment of health and human services for a household of the same\\nsize; and has household income that exceeds one hundred thirty-three\\npercent of the federal poverty line defined and annually revised by the\\nUnited States department of health and human services for a household of\\nthe same size; however, MAGI eligible aliens lawfully present in the\\nUnited States with household incomes at or below one hundred\\nthirty-three percent of the federal poverty line shall be eligible to\\nreceive coverage for health care services pursuant to the provisions of\\nthis title if such alien would be ineligible for medical assistance\\nunder title eleven of this article due to their immigration status;\\n (iii) subject to federal approval if required and the use of state\\nfunds, unless the commissioner may use funds under subdivision seven of\\nthis section, a pregnant individual who is eligible for and receiving\\ncoverage for health care services pursuant to this title is eligible to\\ncontinue to receive health care services pursuant to this title during\\nthe pregnancy and for a period of one year following the end of the\\npregnancy without regard to any change in the income of the household\\nthat includes the pregnant individual, even if such change would render\\nthe pregnant individual ineligible to receive health care services\\npursuant to this title;\\n (iv) subject to federal approval, a child born to an individual\\neligible for and receiving coverage for health care services pursuant to\\nthis title who would be eligible for coverage pursuant to subparagraphs\\n(2) or (4) of paragraph (b) of subdivision 1 of section three hundred\\nand sixty-six of the social services law shall be deemed to have applied\\nfor medical assistance and to have been found eligible for such\\nassistance on the date of such birth and to remain eligible for such\\nassistance for a period of one year.\\n An applicant who fails to make an applicable premium payment, if any,\\nshall lose eligibility to receive coverage for health care services in\\naccordance with time frames and procedures determined by the\\ncommissioner.\\n * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n * (d) (i) except as provided by subparagraph (ii) of this paragraph,\\nhas household income at or below two hundred percent of the federal\\npoverty line defined and annually revised by the United States\\ndepartment of health and human services for a household of the same\\nsize; and has household income that exceeds one hundred thirty-three\\npercent of the federal poverty line defined and annually revised by the\\nUnited States department of health and human services for a household of\\nthe same size; however, MAGI eligible noncitizens lawfully present in\\nthe United States with household incomes at or below one hundred\\nthirty-three percent of the federal poverty line shall be eligible to\\nreceive coverage for health care services pursuant to the provisions of\\nthis title if such noncitizen would be ineligible for medical assistance\\nunder title eleven of this article due to their immigration status;\\n (ii) subject to federal approval and the use of state funds, unless\\nthe commissioner may use funds under subdivision seven of this section,\\nhas household income at or below two hundred fifty percent of the\\nfederal poverty line defined and annually revised by the United States\\ndepartment of health and human services for a household of the same\\nsize; and has household income that exceeds one hundred thirty-three\\npercent of the federal poverty line defined and annually revised by the\\nUnited States department of health and human services for a household of\\nthe same size; however, MAGI eligible aliens lawfully present in the\\nUnited States with household incomes at or below one hundred\\nthirty-three percent of the federal poverty line shall be eligible to\\nreceive coverage for health care services pursuant to the provisions of\\nthis title if such alien would be ineligible for medical assistance\\nunder title eleven of this article due to their immigration status;\\n (iii) subject to federal approval if required and the use of state\\nfunds, unless the commissioner may use funds under subdivision seven of\\nthis section, a pregnant individual who is eligible for and receiving\\ncoverage for health care services pursuant to this title is eligible to\\ncontinue to receive health care services pursuant to this title during\\nthe pregnancy and for a period of one year following the end of the\\npregnancy without regard to any change in the income of the household\\nthat includes the pregnant individual, even if such change would render\\nthe pregnant individual ineligible to receive health care services\\npursuant to this title;\\n (iv) subject to federal approval, a child born to an individual\\neligible for and receiving coverage for health care services pursuant to\\nthis title who would be eligible for coverage pursuant to subparagraphs\\n(2) or (4) of paragraph (b) of subdivision 1 of section three hundred\\nand sixty-six of the social services law shall be deemed to have applied\\nfor medical assistance and to have been found eligible for such\\nassistance on the date of such birth and to remain eligible for such\\nassistance for a period of one year.\\n An applicant who fails to make an applicable premium payment shall\\nlose eligibility to receive coverage for health care services in\\naccordance with time frames and procedures determined by the\\ncommissioner.\\n * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n 4. Enrollment. (a) Subject to federal approval, the commissioner is\\nauthorized to establish an application and enrollment procedure for\\nprospective enrollees. Such procedure shall include a verification\\nsystem for applicants, which shall be consistent with 42 USC § 1320b-7.\\n (b) Such procedure shall allow for continuous enrollment for enrollees\\nto the basic health program where an individual may apply and enroll for\\ncoverage at any point.\\n (c) Upon an applicant's enrollment in a basic health insurance plan,\\ncoverage for health care services pursuant to the provisions of this\\ntitle shall be prospective. Coverage shall begin in a manner consistent\\nwith the requirements for qualified health plans offered through the\\nhealth insurance exchange marketplace, as delineated in federal\\nregulation at 42 CFR 155.420(b)(1) or any successor regulation thereof.\\n (d) A person who has enrolled for coverage pursuant to this title, and\\nwho loses eligibility to enroll in the basic health program for a reason\\nother than citizenship status, lack of state residence, failure to\\nprovide a valid social security number, providing inaccurate information\\nthat would affect eligibility when requesting or renewing health\\ncoverage pursuant to this title, or failure to make an applicable\\npremium payment, before the end of a twelve month period beginning on\\nthe effective date of the person's initial eligibility for coverage, or\\nbefore the end of a twelve month period beginning on the date of any\\nsubsequent determination of eligibility, shall have his or her\\neligibility for coverage continued until the end of such twelve month\\nperiod, provided that the state receives federal approval for using\\nfunds from the basic health program trust fund, established under\\nsection 97-oooo of the state finance law, for the costs associated with\\nsuch assistance.\\n * 5. Premiums and cost sharing. (a) Subject to federal approval, the\\ncommissioner shall establish premium payments enrollees shall pay to\\napproved organizations for coverage of health care services pursuant to\\nthis title. No payment is required for individuals with a household\\nincome at or below two hundred percent of the federal poverty line\\ndefined and annually revised by the United States department of health\\nand human services for a household of the same size.\\n (b) The commissioner shall establish cost sharing obligations for\\nenrollees, subject to federal approval. There shall be no cost-sharing\\nobligations for enrollees for dental and vision services as defined in\\nsubparagraph (ii) of paragraph (c) of subdivision one of this section;\\nservices and supports as defined in subparagraph (iii) of paragraph (c)\\nof subdivision one of this section; and health care services authorized\\nunder subparagraphs (iii) and (iv) of paragraph (d) of subdivision three\\nof this section.\\n * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n * 5. Premiums and cost sharing. (a) Subject to federal approval, the\\ncommissioner shall establish premium payments enrollees shall pay to\\napproved organizations for coverage of health care services pursuant to\\nthis title. Such premium payments shall be established in the following\\nmanner:\\n (i) up to twenty dollars monthly for an individual with a household\\nincome above one hundred and fifty percent of the federal poverty line\\nbut at or below two hundred percent of the federal poverty line defined\\nand annually revised by the United States department of health and human\\nservices for a household of the same size; and\\n (ii) no payment is required for individuals with a household income at\\nor below one hundred and fifty percent of the federal poverty line\\ndefined and annually revised by the United States department of health\\nand human services for a household of the same size.\\n (b) The commissioner shall establish cost sharing obligations for\\nenrollees, subject to federal approval. There shall be no cost-sharing\\nobligations for services and supports as defined in subparagraph (iii)\\nof paragraph (c) of subdivision one of this section; and health care\\nservices authorized under subparagraphs (iii) and (iv) of paragraph (d)\\nof subdivision three of this section.\\n * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n 6. Rates of payment. (a) The commissioner shall select the contract\\nwith an independent actuary to study and recommend appropriate\\nreimbursement methodologies for the cost of health care service coverage\\npursuant to this title. Such independent actuary shall review and make\\nrecommendations concerning appropriate actuarial assumptions relevant to\\nthe establishment of reimbursement methodologies, including but not\\nlimited to; the adequacy of rates of payment in relation to the\\npopulation to be served adjusted for case mix, the scope of health care\\nservices approved organizations must provide, the utilization of such\\nservices and the network of providers required to meet state standards.\\n (b) Upon consultation with the independent actuary and entities\\nrepresenting approved organizations, the commissioner shall develop\\nreimbursement methodologies and fee schedules for determining rates of\\npayment, which rate shall be approved by the director of the division of\\nthe budget, to be made by the department to approved organizations for\\nthe cost of health care services coverage pursuant to this title. Such\\nreimbursement methodologies and fee schedules may include provisions for\\ncapitation arrangements.\\n (c) The commissioner shall have the authority to promulgate\\nregulations, including emergency regulations, necessary to effectuate\\nthe provisions of this subdivision.\\n (d) The department shall require the independent actuary selected\\npursuant to paragraph (a) of this subdivision to provide a complete\\nactuarial report, along with all actuarial assumptions made and all\\nother data, materials and methodologies used in the development of rates\\nfor the basic health plan authorized under this section. Such report\\nshall be provided annually to the temporary president of the senate and\\nthe speaker of the assembly.\\n * 7. Any funds transferred by the secretary of health and human\\nservices to the state pursuant to 42 U.S.C. 18051(d) shall be deposited\\nin trust. Funds from the trust shall be used for providing health\\nbenefits through an approved organization, which, at a minimum, shall\\ninclude essential health benefits as defined in 42 U.S.C. 18022(b); to\\nreduce the premiums, if any, and cost sharing of participants in the\\nbasic health program; or for such other purposes as may be allowed by\\nthe secretary of health and human services. Health benefits available\\nthrough the basic health program shall be provided by one or more\\napproved organizations pursuant to an agreement with the department of\\nhealth and shall meet the requirements of applicable federal and state\\nlaws and regulations.\\n * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n * 7. Any funds transferred by the secretary of health and human\\nservices to the state pursuant to 42 U.S.C. 18051(d) shall be deposited\\nin trust. Funds from the trust shall be used for providing health\\nbenefits through an approved organization, which, at a minimum, shall\\ninclude essential health benefits as defined in 42 U.S.C. 18022(b); to\\nreduce the premiums and cost sharing of participants in the basic health\\nprogram; or for such other purposes as may be allowed by the secretary\\nof health and human services. Health benefits available through the\\nbasic health program shall be provided by one or more approved\\norganizations pursuant to an agreement with the department of health and\\nshall meet the requirements of applicable federal and state laws and\\nregulations.\\n * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\\nrepealed\\n 8. An individual who is lawfully admitted for permanent residence,\\npermanently residing in the United States under color of law, or who is\\na non-citizen in a valid nonimmigrant status, as defined in 8 U.S.C.\\n1101(a)(15), and who would be ineligible for medical assistance under\\ntitle eleven of this article due to his or her immigration status if the\\nprovisions of section one hundred twenty-two of this chapter were\\napplied, shall be considered to be ineligible for medical assistance for\\npurposes of paragraphs (b) and (c) of subdivision three of this section.\\n 9. Reporting. The commissioner shall submit a report to the temporary\\npresident of the senate and the speaker of the assembly annually by\\nDecember thirty-first. The report shall include, at a minimum, an\\nanalysis of the basic health program and its impact on the financial\\ninterest of the state; its impact on the health benefit exchange\\nincluding enrollment and premiums; its impact on the number of uninsured\\nindividuals in the state; its impact on the Medicaid global cap; and the\\ndemographics of basic health program enrollees including age and\\nimmigration status.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "369-II", "title" : "1332 state innovation program", "docType" : "SECTION", "publishedDates" : [ "2023-05-12", "2023-05-19" ], "docLevelId" : "369-II", "activeDate" : "2023-05-12", "sequenceNo" : 445, "repealedDate" : null, "fromSection" : "369-II", "toSection" : "369-II", "text" : "", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T12", "title" : "Community Centers and Services For Senior Citizens", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12", "activeDate" : "2014-09-22", "sequenceNo" : 446, "repealedDate" : null, "fromSection" : "370", "toSection" : "370-B", "text" : " TITLE 12\\n COMMUNITY CENTERS AND SERVICES FOR SENIOR CITIZENS\\nSection 370. Community centers and services for senior citizens; when\\n social services official to furnish.\\n 370-a. Federal grants.\\n 370-b. State reimbursement.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "370", "title" : "Community centers and services for senior citizens; when social services official to furnish", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "370", "activeDate" : "2014-09-22", "sequenceNo" : 447, "repealedDate" : null, "fromSection" : "370", "toSection" : "370", "text" : " § 370. Community centers and services for senior citizens; when\\nsocial services official to furnish. 1. A social services official of a\\ncounty, city or town is authorized, provided funds have been made\\navailable therefor, to provide at public expense one or more community\\ncenters and services for senior citizens residing in his territory who\\nare eligible therefor pursuant to the provisions of this title. Such\\ncenters and services may be provided only in cases where it is\\ndetermined, under criteria established by the department, that there is\\na need therefor.\\n 2. The furnishing of such centers and services is hereby declared to\\nbe proper municipal purpose for which the moneys of a county, city or\\ntown may be raised and expended. A county, city or town may receive and\\nexpend moneys from the state, the federal government or private\\nindividuals, corporations or associations for furnishing such centers\\nand services.\\n 3. Community centers and services for senior citizens under this\\ntitle may be provided by a social services official either directly or\\nthrough the purchase or rental of such centers and services from a\\nprivate non-profit corporation, company or association provided they are\\noperated and furnished in compliance with regulations of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "370-A", "title" : "Federal grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "370-A", "activeDate" : "2014-09-22", "sequenceNo" : 448, "repealedDate" : null, "fromSection" : "370-A", "toSection" : "370-A", "text" : " § 370-a. Federal grants. 1. The department of taxation and finance\\nis authorized to accept and receive from the federal government any\\nmoneys which the federal government shall offer to the state for or with\\nrespect to the construction, maintenance or operation of centers for\\nsenior citizens or for or with respect to the provision of services for\\nsenior citizens, under or pursuant to any federal law heretofore or\\nhereafter enacted authorizing grants to the state for such purpose or\\nsimilar purposes, including payments to political subdivisions of, and\\nany public agencies in the state.\\n 2. The department of social services is hereby designated and\\nempowered to act as the agent of the state in carrying out the\\nprovisions of any such federal law with respect to such centers and\\nservices for senior citizens in this state.\\n 3. Any and all such grants and moneys awarded for assistance to this\\nstate under or pursuant to any federal law shall be accepted and\\nreceived by the department of taxation and finance as custodian thereof\\nand such moneys, so received, shall be deposited by such department of\\ntaxation and finance in a special fund or funds and shall be used\\nexclusively for the purposes of any such federal law. Such moneys shall\\nbe paid from such fund or funds on the audit and warrant of the\\ncomptroller upon vouchers certified or approved by the commissioner of\\nsocial services.\\n 4. Any federal funds available to the state for such centers and\\nservices for senior citizens shall be retained by the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "370-B", "title" : "State reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "370-B", "activeDate" : "2014-09-22", "sequenceNo" : 449, "repealedDate" : null, "fromSection" : "370-B", "toSection" : "370-B", "text" : " § 370-b. State reimbursement. 1. (a) Expenditures made by counties,\\ncities, and towns for services for senior citizens and their\\nadministration, and senior citizens center projects, pursuant to this\\ntitle, shall, if approved by the department, be subject to reimbursement\\nby the state, in accordance with the regulations of the department, as\\nfollows: There shall be paid to each county, city or town (1) the\\namount of federal funds, if any, properly received or to be received on\\naccount of such expenditures; (2) fifty per centum of its expenditures\\nfor services for senior citizens and their administration and senior\\ncitizens center projects, after first deducting therefrom any federal\\nfunds received or to be received on account thereof, and any\\nexpenditures defrayed by fees paid by senior citizens or by other\\nprivate contributions.\\n (b) For the purposes of this title, expenditures for administration\\nof services for senior citizens shall include expenditures for\\ncompensation of employees in connection with the furnishing of such\\nservices, including but not limited to costs incurred for pensions,\\nfederal old age and survivors insurance and health insurance for such\\nemployees; training programs for personnel, operation, maintenance and\\nservice costs; and such other expenditures such as equipment costs,\\ndepreciation and charges and rental values as may be approved by the\\ndepartment. It shall not include expenditures for capital costs. In\\nthe case of centers and services for senior citizens purchased or leased\\nfrom a non-profit corporation, company or association, expenditures\\nshall include an allocable proportion of all operating costs of such\\ncenters as may be approved by the department including but not limited\\nto the expenditures enumerated in this paragraph (b) and expenditures\\nfor amortization, interest and other financing costs of any mortgage\\nloan made to such non-profit corporation, company or association.\\n 2. (a) Claims for state reimbursement shall be made in such form and\\nmanner and at such times and for such periods as the department shall\\ndetermine.\\n (b) When certified by the department, state reimbursement shall be\\npaid from the state treasury upon the audit and warrant of the\\ncomptroller out of funds made available therefor.\\n 3. The department is authorized in its discretion to approve and\\ncertify to the comptroller for payment, advances to counties, cities or\\ntowns in anticipation of the state reimbursement provided for in this\\nsection.\\n 4. Payment of state reimbursement and advances shall be made to local\\nfiscal officers as in the case of state reimbursement for public\\nassistance and care under other provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T12-A", "title" : "Supports and Services For Youth Suffering From Adverse Childhood Experiences", "docType" : "TITLE", "publishedDates" : [ "2021-04-23", "2022-04-08" ], "docLevelId" : "12-A", "activeDate" : "2022-04-08", "sequenceNo" : 450, "repealedDate" : null, "fromSection" : "370-C", "toSection" : "370-C", "text" : " TITLE 12-A\\n SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE\\n CHILDHOOD EXPERIENCES\\nSection 370-c. Supports and services for youth suffering from adverse\\n childhood experiences.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "370-C", "title" : "Supports and services for youth suffering from adverse childhood experiences", "docType" : "SECTION", "publishedDates" : [ "2021-04-23", "2022-04-08" ], "docLevelId" : "370-C", "activeDate" : "2022-04-08", "sequenceNo" : 451, "repealedDate" : null, "fromSection" : "370-C", "toSection" : "370-C", "text" : " § 370-c. Supports and services for youth suffering from adverse\\nchildhood experiences. 1. Youth suffering from or at risk of adverse\\nchildhood experiences, as defined in paragraph (c) of subdivision one of\\nsection twenty-d of this chapter, may be eligible for a range of\\nappropriate services and supports that enhance protective factors, or\\nare culturally competent, evidence based and trauma informed and\\nbeneficial to the overall health and well-being of the youth, including\\nbut not necessarily limited to available: (i) appropriate health and\\nbehavioral health services provided to youth who are otherwise eligible\\nunder subdivision seven of section twenty-five hundred ten of the public\\nhealth law and subdivision two of section three hundred sixty-five-a of\\nthis article; (ii) preventive services provided to youth who are\\notherwise eligible pursuant to section four hundred nine-a of this\\narticle; (iii) services provided to youth who are otherwise eligible\\npursuant to subdivision two of section four hundred fifty-eight-m of\\nthis chapter; or (iv) to the extent funds are specifically appropriated\\ntherefor, any other services necessary to serve youth suffering from\\nadverse childhood experiences.\\n 2. The office of children and family services, in consultation with\\nthe office of temporary and disability assistance, the office of mental\\nhealth, the office of addiction services and supports, the department of\\nhealth and not-for-profit organizations that have expertise providing\\nservices to individuals suffering from adverse childhood experiences,\\nshall develop or utilize existing educational materials to be used to\\neducate parents, guardians and other authorized individuals about\\nadverse childhood experiences including the environmental events that\\nmay impact or lead to adverse childhood experiences, the importance of\\nprotective factors and the availability of services for children at risk\\nof or suffering from adverse childhood experiences. Such information\\nshall be made available electronically and shall be posted on each\\nagency's website.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A5T13", "title" : "State Heating Fuel Crisis Assistance", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "13", "activeDate" : "2014-09-22", "sequenceNo" : 452, "repealedDate" : null, "fromSection" : "370-AA", "toSection" : "370-AA", "text" : " * TITLE 13\\n STATE HEATING FUEL CRISIS ASSISTANCE\\nSection 370-aa. State heating fuel crisis assistance.\\n* NB Expired October 1, 1980\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "370-AA", "title" : "State heating fuel crisis assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "370-AA", "activeDate" : "2014-09-22", "sequenceNo" : 453, "repealedDate" : null, "fromSection" : "370-AA", "toSection" : "370-AA", "text" : " * § 370-aa. State heating fuel crisis assistance. 1. The commissioner\\nshall establish a state program to provide heating fuel related crisis\\nassistance to households whose total income from all sources is between\\none hundred twenty-five percent and two hundred percent of the federal\\ncommunity services administration poverty guidelines and who have not\\nreceived a grant for heating fuel assistance during the nineteen hundred\\nseventy-nine--nineteen hundred eighty winter from any other emergency or\\nenergy assistance program. To the extent funds are available, such\\nhousehold may apply and be eligible for assistance if the household is\\nthreatened with shut-off or nondelivery of heating fuel due to\\nnonpayment and in the case of a one person household, the household's\\nliquid resources do not exceed one thousand five hundred dollars or in\\nthe case of households of more than one person liquid resources do not\\nexceed two thousand two hundred fifty dollars. Liquid resources shall\\nmean those resources which are in cash or are financial instruments\\nwhich are convertible to cash.\\n 2. Eligible households with incomes between one hundred twenty-five\\npercent and one hundred fifty percent of the federal community services\\nadministration poverty guidelines may receive a total benefit not to\\nexceed two hundred dollars; eligible households with incomes between one\\nhundred fifty per cent and one hundred seventy-five percent of the\\nfederal community services administration poverty guidelines may receive\\na total benefit not to exceed one hundred fifty dollars; and eligible\\nhouseholds with incomes between one hundred seventy-five percent and two\\nhundred percent of the federal community services administration poverty\\nguidelines may receive a total benefit not to exceed one hundred\\ndollars. Eligible households which pay for heat directly may receive\\nbenefits in the form of direct payment to suppliers of home heating\\nfuels. All households may receive assistance in the form of cash up to\\nfifty dollars for warm clothing, blankets, replacement of broken window\\npanes, firewood, temporary shelter, emergency repairs to heating\\nequipment, nutrition, health and other supportive services. In no event\\nshall the sum of assistance under this program made to or on behalf of\\nany household exceed the actual amount needed to ameliorate the heating\\nfuel crisis.\\n 3. a. Assistance may also be provided to households whose rent\\nincludes heat. Such assistance may be provided only in the event that\\nthe owner of the rented dwelling has abandoned responsibility for paying\\nheating costs. Such assistance may be in the form of emergency heating\\nfuel deliveries.\\n b. Such assistance shall be provided for a period not to exceed\\nfifteen days, in order to allow time for appropriate action to be taken\\nby city or county officials.\\n c. In such cases where the landlord or owner has abandoned his\\nresponsibility for paying heating costs, and where tenants or landlords\\ncan verify that at least sixty percent of the building's households are\\nat or below two hundred percent of the federal community services\\nadministration poverty guidelines, the buildings may qualify.\\n d. The department shall make all reasonable efforts to recover from\\nthe landlord, emergency expenditures for heating fuel.\\n 4. This program shall be administered at the county level and in the\\ncity of New York by the local departments of social services. Local\\ndepartments shall distribute funds allocated for heating fuel crisis\\nassistance to eligible households for the payment of heating fuel costs\\nas described in subdivisions two and three of this section. The\\ndepartment shall prepare application forms for use by the local\\ndepartments and instructions to be used in completing applications.\\nCertification of eligibility and authorization of payment shall be the\\nresponsibility of the local departments. The local departments shall\\nprovide for preliminary screening and assistance to applicants by\\ncommunity action agencies, area offices on aging and other community\\nagencies.\\n 5. The department and local departments shall contract for the\\nprovision of an outreach program to inform potentially eligible\\nhouseholds of the availability of heating fuel crisis assistance. The\\ndepartment shall enter into an agreement with the state office for the\\naging which will provide outreach to the elderly and with community\\naction agencies and other community based agencies for outreach to other\\npotentially eligible households. The department shall develop program\\nmaterials which will be made available to utilities, fuel oil dealers\\nand community agencies for the purpose of informing the public about the\\navailability of crisis assistance.\\n 6. Elderly persons over the age of sixty shall be a priority class to\\nbe served by this program. To insure the priority becomes operational,\\nlocal departments shall provide directly or when appropriate through\\ncontract the following special services to the elderly: priority in\\nscheduling appointments; arrangements for transportation when no other\\ntransportation is available; intake and certification at home or through\\na representative for those elderly who are homebound.\\n 7. Payments made under this program shall not be considered as income\\nor resource for the purpose of determining eligibility for benefits\\nunder any income maintenance or medical assistance program.\\n 8. The department shall be responsible for monitoring the local\\nimplementation of this program. All cases including a declaration of\\nincome shall be subject to a redetermination and verification of income\\neligibility. To insure that the elderly receive priority, the department\\nshall periodically review the population certified to receive benefits\\nand in districts where the elderly are not being served shall, with the\\nstate office for aging, take appropriate actions to ensure that the\\nelderly are served. The department and local districts shall maintain a\\nsystem of records for this program which is separate from any other\\nemergency or energy related assistance program.\\n No later than July thirty-first, nineteen hundred eighty, the\\ndepartment shall provide the governor and legislature with a report on\\nthe state heating fuel crisis assistance program's implementation and\\nuse in each district. Such report shall include the total number of\\nhouseholds and the number of elderly households served in each income\\ncategory, the amount and type of assistance provided to each household\\nand the activities and expenditures for all administering and outreach\\nagencies in each district.\\n 9. The department shall promulgate all regulations necessary for\\noperation of the state heating fuel crisis assistance program which are\\nconsistent with the state plan for the nineteen hundred eighty community\\nservices administration energy crisis assistance program.\\n 10. Within the amounts appropriated therefor funds will be made\\navailable to each social services district for heating fuel crisis\\nassistance. If a county or city social services district incurs\\nexpenditures in excess of its allocated amount, the county or city as\\nthe case may be shall be liable for such expenditures. Funds will be\\nallocated by the department according to the following formula: Five\\npercent of the funds shall be set aside by the department to be used in\\nmeeting any unanticipated heating fuel related crisis caused by\\nespecially severe weather. All remaining funds and set aside funds which\\nare unexpended by April first, nineteen hundred eighty shall be\\nallocated according to the following formula: Twenty percent of the\\nfunds shall be allocated equally to every county and the remaining\\neighty percent shall be allocated to the fifty-seven counties outside\\nthe city of New York and the city of New York based on the corrected\\nproduct of the percentage of state's poverty population residing in each\\ncounty, the average heating degree days for the county divided by the\\nstate average and the percentage of county population which is aged\\ndivided by the percentage of state population which is aged.\\n When thirty percent of the funds are obligated the department will\\nreview the expenditures of program funds for the elderly with a view\\ntoward increasing outreach and support services if this priority\\npopulation is not being reached.\\n When fifty percent of the funds are obligated, the department will\\nreview the initial allocation to determine variances in utilization and\\nmake appropriate adjustments or transfers.\\n 11. Notwithstanding the foregoing, if the commissioner determines that\\na federally funded program of energy crisis assistance is in effect and\\nis duplicative in whole or part to the program provided for in this\\nsection the commissioner shall notify the local social services district\\nin writing of such determination of duplication and the date after which\\nstate reimbursement for all or part of the expenditures made pursuant to\\nthis section shall not be authorized.\\n 12. For purposes of this section, the term \"home heating fuel\" shall\\nmean fuel oil, coal, wood, propane, natural gas, electricity, steam,\\nkerosene and any other fuel when used for residential heating purposes.\\n * NB Expired October 1, 1980\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false } ], "size" : 18 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6", "title" : "Children", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-01-23", "2019-04-19", "2021-04-23", "2022-02-11", "2023-05-19" ], "docLevelId" : "6", "activeDate" : "2023-05-19", "sequenceNo" : 454, "repealedDate" : null, "fromSection" : "371", "toSection" : "458-O", "text" : " ARTICLE 6\\n CHILDREN\\nTitle 1. Care and protection of children (§§ 371-393).\\n 1-A. Child care creation and expansion tax credit program\\n (§§ 394--394-g).\\n 2. Powers and duties of public welfare officials (§§ 395-404).\\n 3. Child welfare services (§§ 406-408).\\n 4. Preventive services for children and their families\\n (§§ 409--409-a).\\n 4-A. Child welfare services planning and administration\\n (§§ 409-d--409-h).\\n 4-B. Services; pregnant adolescents (§§ 409-i--409-n).\\n 5. Day care for certain children (§§ 410--410-ccc).\\n 5-A. Youth Facilities Improvement Act (§§ 410-d--410-o).\\n 5-B. Child care resource and referral program (§§ 410-p--410-t).\\n 5-C. Block grant for child care (§§ 410-u--410-z).\\n 6. Child Protective Services (§§ 411-428).\\n 6-A. Home visiting (§ 429).\\n 7. Day Services for Children and Families (§§ 430-434).\\n 8. State Child Care Review Service (§§ 440-446).\\n 8-A. Safe harbour for exploited children act (§§ 447-a--447-b).\\n 9. Subsidies for the Adoption of Children (§§ 450-458).\\n 10. Kinship guardianship assistance program (§§ 458-a--458-f).\\n 11. Education reform program (§ 458-l).\\n 12. Family support services programs (§§ 458-m--458-n).\\n 12-A. Differential response programs for children under twelve\\n (§ 458-o).\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T1", "title" : "Care and Protection of Children", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2016-04-08", "2017-01-06", "2017-01-13", "2017-12-22", "2019-05-03", "2019-08-16", "2021-04-23", "2021-10-15", "2023-01-06", "2023-03-10", "2025-01-10", "2025-05-16", "2026-02-20" ], "docLevelId" : "1", "activeDate" : "2023-03-10", "sequenceNo" : 455, "repealedDate" : null, "fromSection" : "371", "toSection" : "393*2", "text" : " TITLE 1\\n CARE AND PROTECTION OF CHILDREN\\nSection 371. Definitions.\\n 371-a. Procedure.\\n 371-b. Citizen review panels.\\n 372. Records and reports.\\n 372-b. Adoption services.\\n 372-c. Putative father registry.\\n 372-d. Adoption services; purchase by department.\\n 372-e. Adoption applications; appeals.\\n 372-f. Statewide adoption service.\\n 372-g. Abandoned infant protection program.\\n 372-h. Reporting on post adoption services.\\n 373. Religious faith.\\n 373-a. Medical histories.\\n 374. Authority to place out or board out children.\\n 374-a. Interstate compact on the placement of children.\\n 374-b. Authority to operate agency boarding home.\\n 374-c. Authority to operate group homes.\\n 374-d. Authority to operate public institutions for children.\\n 374-e. Authority to place out or board out children with\\n therapeutic foster parents.\\n 374-f. Authority to enter into leases for dwelling units.\\n 375. Requirement of certificate or license to board\\n children.\\n 376. Certificate to board children and/or minors under age\\n of eighteen years.\\n 377. License to board children.\\n 378. Form, duration and limitation of certificates and\\n licenses.\\n 378-a. Access to conviction records by authorized agencies.\\n 379. Revocation of certificates and licenses.\\n 380. Boarding and free homes; records.\\n 381. Maternity homes; records and reports.\\n 382. Responsibility for children without state residence;\\n license and board.\\n 383. Care and custody of children.\\n 383-a. Immunity from liability for application of the\\n reasonable and prudent parent standard.\\n 383-b. Medical treatment for abused, neglected and destitute\\n children; consent of commissioners.\\n 383-c. Guardianship and custody of children in foster care.\\n 384. Guardianship and custody of children not in foster\\n care.\\n 384-a. Transfer of care and custody of children.\\n 384-b. Guardianship and custody of destitute or dependent\\n children; commitment by court order; modification of\\n commitment and restoration of parental rights.\\n 384-c. Notice in certain proceedings to fathers of children\\n born out-of-wedlock.\\n 385. Orders; prohibiting placing out or boarding out;\\n removal.\\n 386. Visitation; inspection and supervision.\\n 387. Ineligibility for public foster care funds; fiscal\\n penalties.\\n 388. Special charters.\\n 389. Penalty for violations.\\n 390. Child day care; license or registration required.\\n 390-a. Standards and training for child day care.\\n 390-b. Criminal history review and background clearances of\\n child care providers, generally.\\n 390-c. Notice of pesticide applications.\\n 390-c*2. Additional powers and duties of the office of children\\n and family services.\\n 390-d. Requiring barriers to be placed around swimming pools\\n and bodies of water on the grounds of family day care\\n homes or group family day care homes.\\n 390-e. Criminal history review; mentoring programs.\\n 390-f. Report on child care insurance.\\n 390-g. Pesticide alternatives.\\n 390-h. Notice requirement before closing certain day care\\n centers.\\n 390-i. Notice of inspection report.\\n 390-j. Performance summary card in a city having a population\\n of one million or more.\\n 390-k. Child care availability taskforce.\\n 390-l. Securing of furniture.\\n 390-m. Window coverings.\\n 391. Violation; injunction.\\n 392. Services for relative caregivers.\\n 393. Court review of placement in a qualified residential\\n treatment program.\\n 393*2. Consideration of blindness during guardianship, custody\\n or adoption proceedings.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "371", "title" : "Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-21", "2018-10-05", "2019-10-04", "2021-04-23", "2021-07-30", "2021-10-01", "2021-11-12" ], "docLevelId" : "371", "activeDate" : "2021-11-12", "sequenceNo" : 456, "repealedDate" : null, "fromSection" : "371", "toSection" : "371", "text" : " § 371. Definitions\\n Unless the context or the subject matter manifestly requires a\\ndifferent interpretation, when used in this article or in any special\\nact relating to children,\\n 1. \"Child\" means a person actually or apparently under the age of\\neighteen years;\\n 2. \"Abandoned child\" means a child under the age of eighteen years who\\nis abandoned by both parents, or by the parent having its custody, or by\\nany other person or persons lawfully charged with its care or custody,\\nin accordance with the definition and other criteria set forth in\\nsubdivision five of section three hundred eighty-four-b;\\n 3. \"Destitute child\" means:\\n (a) a child under the age of eighteen who is in a state of want or\\nsuffering due to lack of sufficient food, clothing, shelter, or medical\\nor surgical care; and:\\n (i) does not fit within the definition of an \"abused child\" or a\\n\"neglected child\" as such terms are defined in section one thousand\\ntwelve of the family court act; and\\n (ii) is without any parent or caretaker as such term is defined in\\nsection one thousand ninety-two of the family court act, available to\\nsufficiently care for him or her, due to:\\n (A) the death of a parent or caretaker; or\\n (B) the incapacity or debilitation of a parent or caretaker, where\\nsuch incapacity or debilitation would prevent such parent or caretaker\\nfrom being able to knowingly and voluntarily enter into a written\\nagreement to transfer the care and custody of said child pursuant to\\nsection three hundred fifty-eight-a or three hundred eighty-four-a of\\nthe social services law; or\\n (C) the inability of the local social services district to locate any\\nparent or caretaker, after making reasonable efforts to do so; or\\n (D) the parent or caretaker being physically located outside of the\\nstate of New York and the local social services district is or has been\\nunable to return said child to such parent or caretaker while or after\\nmaking reasonable efforts to do so, unless the lack of such efforts is\\nor was appropriate under the circumstances;\\n (b) a child who is under the age of eighteen years and absent from his\\nor her legal residence without the consent of his or her parent, legal\\nguardian or custodian; or\\n (c) a child under the age of eighteen who is without a place of\\nshelter where supervision and care are available who is not otherwise\\ncovered under paragraph (a) of this subdivision; or\\n (d) a person who is a former foster care youth under the age of\\ntwenty-one who was previously placed in the care and custody or custody\\nand guardianship of the local commissioner of social services or other\\nofficer, board or department authorized to receive children as public\\ncharges, and who was discharged from foster care due to a failure to\\nconsent to continuation in placement, who has returned to foster care\\npursuant to section one thousand ninety-one of the family court act.\\n 4-a. \"Neglected child\" means a child less than eighteen years of age\\n (i) whose physical, mental or emotional condition has been impaired or\\nis in imminent danger of becoming impaired as a result of the failure of\\nhis parent or other person legally responsible for his care to exercise\\na minimum degree of care\\n (A) in supplying the child with adequate food, clothing, shelter,\\neducation, medical or surgical care, though financially able to do so or\\noffered financial or other reasonable means to do so; or\\n (B) in providing the child with proper supervision or guardianship, by\\nunreasonably inflicting or allowing to be inflicted harm, or a\\nsubstantial risk thereof, including the infliction of excessive corporal\\npunishment; or by misusing a drug or drugs; or by misusing alcoholic\\nbeverages to the extent that he loses self-control of his actions; or by\\nany other acts of a similarly serious nature requiring the aid of the\\ncourt; provided, however, that where the respondent is voluntarily and\\nregularly participating in a rehabilitative program, evidence that the\\nrespondent has repeatedly misused a drug or drugs or alcoholic beverages\\nto the extent that he loses self-control of his actions shall not\\nestablish that the child is a neglected child in the absence of evidence\\nestablishing that the child's physical, mental or emotional condition\\nhas been impaired or is in imminent danger of becoming impaired as set\\nforth in paragraph (i) of this subdivision; or\\n (ii) who has been abandoned by his parents or other person legally\\nresponsible for his care.\\n 4-b. \"Abused child\" means a child less than eighteen years of age\\nwhose parent or other person legally responsible for his care\\n (i) inflicts or allows to be inflicted upon such child physical injury\\nby other than accidental means which causes or creates a substantial\\nrisk of death, or serious or protracted disfigurement, or protracted\\nimpairment of physical or emotional health or protracted loss or\\nimpairment of the function of any bodily organ, or\\n (ii) creates or allows to be created a substantial risk of physical\\ninjury to such child by other than accidental means which would be\\nlikely to cause death or serious or protracted disfigurement, or\\nprotracted impairment of physical or emotional health or protracted loss\\nor impairment of the function of any bodily organ, or\\n (iii) commits, or allows to be committed, an act of sexual abuse\\nagainst such child as defined in the penal law.\\n 5. \"Juvenile delinquent\" means a person as defined in section 301.2 of\\nthe family court act.\\n 6. \"Person in need of supervision\" means a person as defined in\\nsection seven hundred twelve of the family court act.\\n 7. \"Dependent child\" means a child who is in the custody of, or wholly\\nor partly maintained by an authorized agency or an institution, society\\nor other organization of charitable, eleemosynary, correctional, or\\nreformatory character;\\n 8. \"Mentally disabled child\" means a child who has a mental disability\\nas defined in section 1.03 of the mental hygiene law;\\n 9. \"Physically handicapped child\" means a child who, by reason of a\\nphysical disability or infirmity, whether congenital or acquired by\\naccident, injury or disease, is or may be expected to be totally or\\npartially incapacitated for education or for remunerative occupation, as\\nprovided in the education law, or is or may be expected to be\\nhandicapped, as provided in the public health law;\\n 10. \"Authorized agency\" means\\n (a) Any agency, association, corporation, institution, society or\\nother organization which is incorporated or organized under the laws of\\nthis state with corporate power or empowered by law to care for, to\\nplace out or to board out children, which actually has its place of\\nbusiness or plant in this state and which is approved, visited,\\ninspected and supervised by the office of children and family services\\nor which shall submit and consent to the approval, visitation,\\ninspection and supervision of such office as to any and all acts in\\nrelation to the welfare of children performed or to be performed under\\nthis title; provided, however, that on and after June first, two\\nthousand seven, such term shall not include any for-profit corporation\\nor other for-profit entity or organization for the purposes of the\\noperation, management, supervision or ownership of agency boarding\\nhomes, group homes, homes including family boarding homes of family free\\nhomes, or institutions which are located within this state;\\n (b) Any court or any social services official of this state authorized\\nby law to place out or to board out children or any Indian tribe that\\nhas entered into an agreement with the department pursuant to section\\nthirty-nine of this chapter;\\n (c) Any agency, association, corporation, institution, society or\\nother organization which is not incorporated or organized under the laws\\nof this state, placing out a child for adoption whose admission to the\\nUnited States as an eligible orphan with non-quota immigrant status\\npursuant to the federal immigration and nationality act is sought for\\nthe purpose of adoption in the State of New York or who has been brought\\ninto the United States with such status and for such purpose, provided,\\nhowever, that such agency, association, corporation, institution,\\nsociety or other organization is licensed or otherwise authorized by\\nanother state to place out children for adoption, that such agency,\\nassociation, corporation, institution, society or other organization is\\napproved by the department to place out such children with non-quota\\nimmigrant status for adoption in the State of New York, and provided\\nfurther, that such agency, association, corporation, institution,\\nsociety or other organization complies with the regulations of the\\ndepartment pertaining to such placements. Notwithstanding any other\\nprovision of law to the contrary, such agency shall be limited in its\\nfunctioning as an authorized agency to the placing out and adoption of\\nsuch children. This paragraph shall not require the department to\\napprove any such agency, association, corporation, institution, society\\nor other organization which is located in a state which is a party to\\nthe interstate compact on the placement of children.\\n 11. \"Custody\" means custody in pursuance of or in compliance with\\nexpressed provisions of law;\\n 12. \"Place out\" means to arrange for the free care of a child in a\\nfamily other than that of the child's parent, step-parent, grandparent,\\nbrother, sister, uncle, or aunt or legal guardian, for the purpose of\\nadoption or for the purpose of providing care;\\n 13. \"Place\" or \"commit\" includes replace and recommit;\\n 14. \"Board out\" means to arrange for the care of a child in a family,\\nother than that of the child's parent, step-parent or legal guardian, to\\nwhom payment is made or agreed to be made for care and maintenance.\\n 15. \"Home\" includes a family boarding home or a family free home.\\n 16. agency boarding home shall mean a family-type home for children\\nand/or for minors operated by an authorized agency, in quarters or\\npremises owned, leased or otherwise under the control of such agency,\\nfor the purpose of providing care and maintenance therein for children\\nor minors under the care of such agency.\\n 17. \"Group home\" shall mean a facility for the care and maintenance of\\nnot less than seven, nor more than twelve children, who are at least\\nfive years of age, operated by an authorized agency except that such\\nminimum age shall not be applicable to siblings placed in the same\\nfacility nor to children whose mother is placed in the same facility.\\n 18. \"Public institution for children\" shall mean an institution which\\nis established and maintained by a public welfare district for the\\npurpose of providing care and maintenance therein for children and\\nminors for whose care such district is responsible and who require care\\naway from their own homes.\\n 19. \"Foster parent\" shall mean any person with whom a child, in the\\ncare, custody or guardianship of an authorized agency, is placed for\\ntemporary or long-term care, and \"foster child\" shall mean any person,\\nin the care, custody or guardianship of an authorized agency, who is\\nplaced for temporary or long-term care.\\n 20. \"Therapeutic foster parent\" means a foster parent who is certified\\nor licensed pursuant to section three hundred seventy-five or section\\nthree hundred seventy-six of this article, or otherwise approved and who\\nhas successfully completed a training program developed by professionals\\nexperienced in treating children who exhibit high levels of disturbed\\nbehavior, emotional disturbance or physical or health needs. For any\\nsuch child placed in their care, such parent shall assist in the\\nimplementation of the therapeutic treatment portion of the family\\nservice plan required by section four hundred nine-e of this article.\\n 21. \"Supervised independent living program\" shall mean one or more of\\na type of agency boarding home operated and certified by an authorized\\nagency in accordance with the regulations of the office of children and\\nfamily services to provide a transitional experience for older youth\\nwho, based upon their circumstances, are appropriate for transition to\\nthe level of care and supervision provided in the program. Each\\nsupervised independent living unit shall be located in the community\\nseparate from any of the agency's other congregate dwellings.\\n * 22. \"Supervised setting\" shall mean a residential placement in the\\ncommunity approved and supervised by an authorized agency or the local\\nsocial services district in accordance with the regulations of the\\noffice of children and family services to provide a transitional\\nexperience for older youth in which such youth may live independently. A\\nsupervised setting includes, but is not limited to, placement in a\\nsupervised independent living program, as defined in subdivision\\ntwenty-one of this section.\\n * NB There are 2 sb 22's\\n * 22. \"Kinship caregiver\" means a relative or non-relative who is\\nacting as a parent and who:\\n (a) is related to the child through blood, marriage or adoption;\\n (b) is related to a half-sibling of the child through blood, marriage\\nor adoption; or\\n (c) is an adult with a positive prior relationship with the child, a\\nhalf-sibling of the child or the child's parent, including, but not\\nlimited to, a step-parent, godparent, neighbor or family friend.\\n * NB There are 2 sb 22's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "371-A", "title" : "Procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "371-A", "activeDate" : "2014-09-22", "sequenceNo" : 457, "repealedDate" : null, "fromSection" : "371-A", "toSection" : "371-A", "text" : " § 371-a. Procedure. In any proceeding commenced pursuant to this\\nchapter in which the family court has exercised jurisdiction, the\\nprovisions of articles one, two and eleven of the family court act shall\\napply to the extent that they do not conflict with the specific\\nprovisions of the social services law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "371-B", "title" : "Citizen review panels", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "371-B", "activeDate" : "2014-09-22", "sequenceNo" : 458, "repealedDate" : null, "fromSection" : "371-B", "toSection" : "371-B", "text" : " § 371-b. Citizen review panels. 1. There shall be established at least\\nthree citizen review panels. At least one panel shall be established for\\nthe city of New York and at least two panels shall be established for\\nsocial services districts or combinations of districts outside of the\\ncity of New York. The panel in the city of New York shall create one\\nsubcommittee for each borough for the purposes of evaluating the extent\\nto which the state and the social services district are discharging\\ntheir child protection responsibilities within that particular borough,\\nin accordance with subsection three of this section. The office of\\nchildren and family services shall make available resources to support\\nthe needs of each citizen review panel.\\n 2. Each citizen review panel shall consist of thirteen members, seven\\nof whom shall be appointed by the governor, three of whom shall be\\nappointed by the temporary president of the senate, and three of whom\\nshall be appointed by the speaker of the assembly. Each panel shall duly\\nelect a chairperson of such panel. Each panel shall be composed of\\nvolunteer members who are broadly representative of the community in\\nwhich such panel is established, including members who have expertise in\\nthe prevention and treatment of child abuse and neglect. No person\\nemployed by federal, state, county or municipal agencies which directly\\ndeliver child welfare services may be appointed to a panel.\\n 3. Each citizen review panel shall, by examining the policies and\\nprocedures of the state and social services districts and, where\\nappropriate, specific cases, evaluate the extent to which the agencies\\nare effectively discharging their child protection responsibilities in\\naccordance with: (a) the state plan established pursuant to 42 U.S.C. §\\n5106a(b); (b) the child protection standards set forth in 42 U.S.C. §\\n5106a(b); and (c) any other criteria that the panel considers important\\nto ensure the protection of children. Each panel shall meet not less\\nthan once every three months. Each panel may hold public hearings on\\nissues within the panel's jurisdiction.\\n 4. Each citizen review panel shall have access to information on\\nspecific cases in accordance with paragraph (A) of subdivision four of\\nsection four hundred twenty-two of this chapter. Each panel shall also\\nhave reasonable access to public and private facilities which are in\\nreceipt of public funds and are providing child welfare services within\\nthe panel's jurisdiction. Where necessary, the office shall assist a\\npanel in obtaining access to information or facilities as authorized in\\naccordance with this section. Each panel shall also have access to the\\nreport prepared by the state pursuant to 42 U.S.C. § 5106a(d).\\n 5. Each citizen review panel shall prepare and make available to the\\npublic, on an annual basis, a report containing: (a) a summary of the\\nactivities of the panel; and (b) the findings and recommendations of the\\npanel. Each report shall be submitted by February first and shall omit\\nall confidential information used to prepare the report.\\n 6. The members of each citizen review panel shall not disclose to any\\nperson or government official any identifying information about any\\nspecific child protection case. A member who knowingly violates this\\nduty of confidentiality may be subject to a civil penalty not to exceed\\none thousand dollars and removal from the panel.\\n 7. The legal defense of a member of a citizen review panel shall be\\ngoverned by the terms of section seventeen of the public officers law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372", "title" : "Records and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-27", "2025-02-21", "2025-12-26", "2026-01-30" ], "docLevelId" : "372", "activeDate" : "2014-09-22", "sequenceNo" : 459, "repealedDate" : null, "fromSection" : "372", "toSection" : "372", "text" : " § 372. Records and reports. 1. Every court, and every public board,\\ncommission, institution, or officer having powers or charged with duties\\nin relation to abandoned, delinquent, destitute, neglected or dependent\\nchildren who shall receive, accept or commit any child shall provide and\\nkeep a record showing: (a) the full and true name of the child,\\n (b) his sex and date and place of birth, if ascertainable, or his\\napparent age,\\n (c) the full and true names and places of birth of his parents, and\\ntheir actual residence if living, or their latest known residence, if\\ndeceased or whereabouts unknown and the name and actual residence of any\\nother person having custody of the child, as nearly as the same can\\nreasonably be ascertained,\\n (d) the religious faith of the parents and of the child,\\n (e) the name and address of any person, agency, institution or other\\norganization to which the child is committed, placed out, boarded out,\\nor otherwise given into care, custody or control,\\n (f) the religious faith and occupation of the head or heads of the\\nfamily with whom the child is placed out or boarded out and their\\nrelationship, if any, to the child,\\n (g) if any such child shall die, the date and cause of death and place\\nof burial,\\n (h) any further disposition or change in care, custody or control of\\nthe child,\\n (i) the date or dates of reception and of any subsequent disposition\\nor change in care, custody or control and, in case of adoption, the name\\nand title of the judge or surrogate making the order of adoption, the\\ndate of such order and the date and place of filing of such order,\\n (j) the reasons for any act performed in reference to such child\\nherein required to be recorded, together with such further information\\nas the department may require; and shall make to the department upon\\nblanks provided by the department reports of each such child placed out,\\nor boarded out, containing the information herein required to be kept;\\nand shall furnish such information to any authorized agency to which any\\nsuch child shall be committed or otherwise given into custody.\\n 2. Every charitable, eleemosynary, reformatory, or correctional\\ninstitution, public or private, incorporated or unincorporated, and\\nevery agency, association, corporation, institution, society or other\\norganization which shall receive, accept, or admit any child whether or\\nnot in receipt of payments from public funds for the support of such\\nchild shall provide and keep a record as described in subdivision one,\\nand also showing how, by whom and for what reason such child shall have\\nbeen given into its custody or committed to it and shall make reports of\\neach such child to the department upon blanks provided by the department\\ngiving all the information required by subdivision one to be recorded\\ntogether with such further information as the department may require.\\nExcept as to children placed out, boarded out or surrendered or for whom\\nguardianship is accepted or adoption provided, the requirement of this\\nsection shall not apply to hospitals, day nurseries, eleemosynary day\\nschools, and summer and vacation homes and camps, or to institutions for\\nthe care of convalescent, anaemic, under-nourished or cardiac children,\\npreventoria, working boys' homes, emergency shelters and schools for the\\nblind and for the deaf, but all such hospitals, homes and institutions\\nshall keep such records and make to the department such reports as the\\ndepartment may require.\\n 3. Such records maintained by the department or an authorized agency,\\nincluding a local social services district, regarding such children are\\nconfidential, provided, however, that such records are subject to the\\nprovisions of article thirty-one of the civil practice law and rules.\\nWhen either the subject foster child, or such child's parent, or such\\nchild's guardian if any, is not a party to the action, a copy of the\\nnotice or motion for discovery shall be served upon such parent,\\nguardian, and child and, if the child is still a minor, the child's\\nattorney. Such persons may thereafter appear in the action with regard\\nto such discovery. Where no action is pending, upon application by a\\nparent, relative or legal guardian of such child or by an authorized\\nagency, after due notice to the institution or authorized agency\\naffected and hearing had thereon, the supreme court may by order direct\\nthe officers of such institution or authorized agency to furnish to such\\nparent, relative, legal guardian or authorized agency such extracts from\\nthe record relating to such child as the court may deem proper. The\\ndepartment through its authorized agents and employees may examine at\\nall reasonable times the records required by this section to be kept.\\n 4. (a) All such records relating to such children shall be open to the\\ninspection of the board and the department at any reasonable time, and\\nthe information called for under this section and such other data as may\\nbe required by the department shall be reported to the department, in\\naccordance with the regulations of the department. Such records kept by\\nthe department shall be deemed confidential and shall be safeguarded\\nfrom coming to the knowledge of and from inspection or examination by\\nany person other than one authorized, by the department, by a judge of\\nthe court of claims when such records are required for the trial of a\\nclaim or other proceeding in such court or by a justice of the supreme\\ncourt, or by a judge of the family court when such records are required\\nfor the trial of a proceeding in such court, after a notice to all\\ninterested persons and a hearing, to receive such knowledge or to make\\nsuch inspection or examination. No person shall divulge the information\\nthus obtained without authorization so to do by the department, or by\\nsuch judge or justice.\\n (b)(i) Notwithstanding any inconsistent provision of law to the\\ncontrary, records relating to children kept pursuant to this section\\nshall be made available to officers and employees of the state\\ncomptroller or of the city comptroller of the city of New York, or of\\nthe county officer designated by law or charter to perform the auditing\\nfunction in any county not wholly contained within a city, for the\\npurposes of a duly authorized performance audit, provided that such\\ncomptroller shall have certified to the keeper of such records that he\\nor she has instituted procedures developed in consultation with the\\ndepartment to limit access to client-identifiable information to persons\\nrequiring such information for purposes of the audit, that such persons\\nshall not use such information in any way except for purposes of the\\naudit and that appropriate controls and prohibitions are imposed on the\\ndissemination of client-identifiable information obtained in the conduct\\nof the audit. Information pertaining to the substance or content of any\\npsychological, psychiatric, therapeutic, clinical or medical reports,\\nevaluations or like materials or information pertaining to such child or\\nthe child's family shall not be made available to such officers and\\nemployees unless disclosure of such information is absolutely essential\\nto the specific audit activity and the department gives prior written\\napproval.\\n (ii) Any failure to maintain the confidentiality of\\nclient-identifiable information shall subject such comptroller or\\nofficer to denial of any further access to records until such time as\\nthe audit agency has reviewed its procedures concerning controls and\\nprohibitions imposed on the dissemination of such information and has\\ntaken all reasonable and appropriate steps to eliminate such lapses in\\nmaintaining confidentiality to the satisfaction of the department. The\\ndepartment shall establish the grounds for denial of access to records\\ncontained under this section and shall recommend, as necessary, a plan\\nof remediation to the audit agency. Except as provided in this section,\\nnothing in this paragraph shall be construed as limiting the powers of\\nsuch comptroller or officer to access records which he is otherwise\\nauthorized to audit or obtain under any other applicable provision of\\nlaw. Any person given access to information pursuant to this paragraph\\nwho releases data or information to persons or agencies not authorized\\nto receive such information shall be guilty of a class A misdemeanor.\\n 4-a. Notwithstanding any provisions of law to the contrary, social\\nservices districts shall provide a written summary of services rendered\\nto a child upon the request of a probation service conducting an\\ninvestigation pursuant to the provisions of section 351.1 of the family\\ncourt act. Information provided to a probation service pursuant to the\\nprovisions of this subdivision shall be maintained by such service\\naccording to the provisions of subdivision five of section 351.1 of the\\nfamily court act.\\n 4-b. Notwithstanding any other provision of law, foster care\\ninformation governed by this section may be released by the department\\nor an authorized agency to a person, agency or organization for purposes\\nof a bona fide research project. Identifying information shall not be\\nmade available, however, unless it is absolutely essential to the\\nresearch purpose and the department gives prior approval. Information\\nreleased pursuant to this subdivision shall not be re-disclosed except\\nas otherwise permitted by law and upon the approval of the department.\\n 5. The requirements of this section to keep records and make reports\\nshall not apply to the birth parent or parents, or relatives within the\\nsecond degree of such parents.\\n 6. The provisions of this section as to records and reports to the\\ndepartment shall apply also to the placing out, adoption or boarding out\\nof a child and the acceptance of guardianship or of surrender of a\\nchild.\\n 7. An authorized agency as defined in paragraphs (a) and (b) of\\nsubdivision ten of section three hundred seventy-one of this chapter or\\nany primary or secondary school or an office of the division for youth,\\nexcept agencies operating pursuant to article nineteen-H of the\\nexecutive law, who shall receive, accept, enroll or commit any child\\nunder such circumstances as shall reasonably indicate that such child\\nmay be a missing person shall make inquiries of each such child to the\\ndivision of criminal justice services in a manner prescribed by such\\ndivision; provided that as used in this subdivision a court shall not be\\nincluded within the definition of an authorized agency. If such child\\nappears to match a child registered with the statewide central register\\nfor missing children as described in section eight hundred\\nthirty-seven-e of the executive law, or one registered with the national\\ncrime information center register, such agency shall immediately contact\\nthe local law enforcement agency.\\n 8. In any case where a child is to be placed with or discharged to a\\nrelative or other person legally responsible pursuant to section ten\\nhundred seventeen or ten hundred fifty-five of the family court act,\\nsuch relative or other person shall be provided with such information by\\nan authorized agency as is provided to foster parents pursuant to this\\nsection and applicable regulations of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372-B", "title" : "Adoption services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372-B", "activeDate" : "2014-09-22", "sequenceNo" : 460, "repealedDate" : null, "fromSection" : "372-B", "toSection" : "372-B", "text" : " § 372-b. Adoption services. 1. a. A prospective adoptive parent shall\\nhave a right to a fair hearing pursuant to section twenty-two of this\\nchapter concerning the failure of a social services official to provide\\nadoption services authorized to be provided pursuant to this section and\\nthe state's consolidated services plan. At the time a child is placed\\nin a prospective adoptive home, the prospective adoptive parent shall be\\nnotified in writing of his or her right to such fair hearing.\\n b. Each social services official shall provide, either directly or\\nthrough purchase of service, adoption services for each child in their\\ncare who is freed for adoption. Such adoption services shall include\\nthe evaluation of a child's placement needs and pre-placement planning,\\nrecruitment of and homestudy for prospective adoptive parents, training\\nof adoptive parents, placement planning, supervision and post adoption\\nservices.\\n 2. The department shall promulgate regulations which shall require\\nthat adoption services be made available to all children who are listed\\nwith the New York state adoption service. Such regulations shall also\\nprovide for cooperation between local social services commissioners, and\\nfor apportioning reimbursement for adoption services where more than one\\nagency or social services district has provided such services for a\\nchild.\\n 2-a. The department shall promulgate regulations requiring all\\nadoption agencies to forward names and addresses of all persons who have\\napplied for adoption of a hard-to-place or handicapped child, as defined\\nin section four hundred fifty-one of this chapter. A list of such names\\nand addresses shall be maintained by the department and made available,\\nwithout charge, to every agency in the state to assist them in placing\\nsuch children for adoption.\\n 3. The department shall promulgate regulations to maintain\\nenlightened adoption policies and to establish standards and criteria\\nfor adoption practices.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372-C", "title" : "Putative father registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2020-04-17", "2021-02-19" ], "docLevelId" : "372-C", "activeDate" : "2021-02-19", "sequenceNo" : 461, "repealedDate" : null, "fromSection" : "372-C", "toSection" : "372-C", "text" : " § 372-c. Putative father registry. 1. The department shall establish a\\nputative father registry which shall record the names and addresses of:\\n(a) any person adjudicated by a court of this state to be the parent of\\na child born out of wedlock; (b) any person who has filed with the\\nregistry before or after the birth of a child out of wedlock, a notice\\nof intent to claim parentage of the child; (c) any person adjudicated by\\na court of another state or territory of the United States to be the\\nfather of an out of wedlock child, where a certified copy of the court\\norder has been filed with the registry by such person or any other\\nperson; (d) any person who has filed with the registry an instrument\\nacknowledging paternity pursuant to section 4-1.2 of the estates, powers\\nand trusts law.\\n 2. A person filing a notice of intent to claim parentage of a child or\\nan acknowledgement of paternity shall include therein his current\\naddress and shall notify the registry of any change of address pursuant\\nto procedures prescribed by regulations of the department.\\n 3. A person who has filed a notice of intent to claim paternity may at\\nany time revoke a notice of intent to claim paternity previously filed\\ntherewith and, upon receipt of such notification by the registry, the\\nrevoked notice of intent to claim paternity shall be deemed a nullity\\nnunc pro tunc.\\n 4. An unrevoked notice of intent to claim paternity of a child may be\\nintroduced in evidence by any party, other than the person who filed\\nsuch notice, in any proceeding in which such fact may be relevant.\\n 5. The department shall, upon request, provide the names and addresses\\nof persons listed with the registry to any court or authorized agency,\\nand such information shall not be divulged to any other person, except\\nupon order of a court for good cause shown.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372-D", "title" : "Adoption services; purchase by department", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372-D", "activeDate" : "2014-09-22", "sequenceNo" : 462, "repealedDate" : null, "fromSection" : "372-D", "toSection" : "372-D", "text" : " § 372-d. Adoption services; purchase by department. 1. The\\ndepartment may provide, through purchase of services from authorized\\nagencies, adoption services for any child who has been referred to the\\nstatewide adoption service pursuant to section three hundred\\nseventy-two-c and who has not been placed for adoption within three\\nmonths after the date of such referral.\\n 2. As used in this section \"adoption services\" shall mean those\\nservices and activities set forth in subdivision one of section three\\nhundred seventy-two-b of this chapter.\\n 3. In accordance with regulations of the department, expenditures\\nmade by the department for the provision, through purchase, of adoption\\nservices for a child pursuant to this section shall be subject to\\nreimbursement to the state by the social services district charged with\\nthe guardianship and custody of the child, as follows: fifty percent of\\nthe amount expended for the provision of such adoption services after\\nfirst deducting from such amount any federal funds properly received or\\nto be received on account thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372-E", "title" : "Adoption applications; appeals", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372-E", "activeDate" : "2014-09-22", "sequenceNo" : 463, "repealedDate" : null, "fromSection" : "372-E", "toSection" : "372-E", "text" : " § 372-e. Adoption applications; appeals. 1. An authorized agency shall\\nkeep a record of applications received from persons seeking to become\\nadoptive parents, including all actions taken on such applications.\\n 2. The department shall promulgate regulations setting forth\\nstandards and procedures to be followed by authorized agencies in\\nevaluating persons who have applied to such agencies for the adoption of\\na child. Such regulations shall also restrict the evaluation process so\\nas not to unnecessarily duplicate previous investigations which may have\\nbeen made of the adoptive applicant in the context of a prior adoption\\napplication or an application for licensure or certification to board\\nchildren.\\n 3. (a) Upon an authorized agency's denial of an application, the\\nauthorized agency shall furnish the applicant with a written statement\\nsetting forth its reason for the denial of the application. Such written\\nstatement shall include a notice to the applicant, in bold face type, of\\nsuch applicant's right to request and be granted a hearing in accordance\\nwith the provisions of subdivision four of this section.\\n (b) Upon an authorized agency's failure to act on an application\\nwithin six months of its submission, the authorized agency shall, on\\nsuch applicant's request, furnish the applicant with a written statement\\nsetting forth its reason for its failure to act on the application. Such\\nwritten statement shall include a notice to the applicant, in bold face\\ntype, of such applicant's right to request and be granted a hearing in\\naccordance with the provisions of subdivision four of this section.\\n 4. Any person whose application has been denied or whose application\\nhas not been acted upon by an authorized agency within six months of its\\nsubmission may request and shall be granted a hearing in accordance with\\nthe provisions of section twenty-two of this chapter relating to fair\\nhearings.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372-F", "title" : "Statewide adoption service", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372-F", "activeDate" : "2014-09-22", "sequenceNo" : 464, "repealedDate" : null, "fromSection" : "372-F", "toSection" : "372-F", "text" : " § 372-f. Statewide adoption service. 1. There shall be established by\\nthe department either directly or through purchase a statewide adoption\\nservice which shall serve all authorized agencies in the state as a\\nmeans of recruiting adoptive families for children who have been legally\\nfreed for adoption but have remained in foster care for a period of\\nthree months or more. Such period in foster care shall include any\\nperiod of foster care immediately preceding the date on which the child\\nwas legally freed for adoption. The service shall provide descriptions\\nand photographs of such children, and shall also provide any other\\ninformation deemed useful in the recruitment of adoptive families for\\neach such child. The service shall be updated monthly.\\n 2. The service may be organized on a regional basis, but shall be\\nprovided to all authorized child caring agencies and in accordance with\\nthe regulations of the department, to all appropriate citizen groups and\\nother organizations and associations interested in children's services.\\n 3. The department shall promulgate regulations governing the\\noperations of the adoption service.\\n 4. (a) Except as set forth in paragraph (b) of this subdivision, each\\nauthorized agency shall refer to the adoption service, accompanied by a\\nphotograph and description, as shall be required by departmental\\nregulations, each child in its care who has been legally freed for\\nadoption and who has been in foster care for the period specified in\\nsubdivision one of this section and for whom no adoptive home has been\\nfound. If the child is fourteen years or older and will not consent to\\nhis or her adoption, such child need not be listed on the service. Such\\nchildren's names shall be forwarded to the department by the authorized\\nagency, with reference to the specific reason by which the child was not\\nplaced on the service. The department shall establish procedures for\\nperiodic review of the status of such children. If the department\\ndetermines that adoption would be appropriate for a child not listed\\nwith the service, the agency shall forthwith list the child. Each\\nauthorized agency may voluntarily refer any child who has been legally\\nfreed for adoption. In addition, upon referral of a child by an\\nauthorized agency, the department may determine that the listing of a\\nchild with the service is not in the child's best interest where: the\\nchild has been placed with a relative within the third degree of\\nconsanguinity of the parents of the child and the child does not have a\\npermanency goal of adoption, or the child is not emotionally prepared\\nfor an adoptive placement. Any child who is not listed based on one of\\nthese factors and who is not placed in an adoptive placement within six\\nmonths of referral to the department must be listed with the service at\\nthe end of the six month period in accordance with regulations of the\\ndepartment except where the child is placed with a relative within the\\nthird degree of consanguinity of the parents of the child, in which case\\nthe department may determine that the listing continues to be contrary\\nto the child's best interests. The department shall establish procedures\\nfor the periodic review of the status of such children.\\n (b) An authorized agency shall not refer to the adoption service a\\nchild in its care who has been legally freed for adoption when the child\\nhas been placed with a foster parent who has expressed, in writing, an\\ninterest in adopting the child; provided, however, that such child shall\\nbe referred to the adoption service in accordance with paragraph (a) of\\nthis subdivision where the foster parent has withdrawn interest in\\nadopting the child or has been disapproved as an adoptive resource for\\nthe child. An authorized agency shall not refer to the adoption service\\na child in its care who has been legally freed for adoption where the\\nagency has identified two or more potential placements for the child;\\nprovided, however, that such child shall be referred to the adoption\\nservice in accordance with paragraph (a) of this subdivision when such\\nchild has not been placed into an adoptive home within nine months of\\nhaving been freed for adoption.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372-G", "title" : "Abandoned infant protection program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "372-G", "activeDate" : "2014-09-22", "sequenceNo" : 465, "repealedDate" : null, "fromSection" : "372-G", "toSection" : "372-G", "text" : " § 372-g. Abandoned infant protection program. The office of children\\nand family services shall develop and implement a public information\\nprogram to inform the general public of the provisions of the abandoned\\ninfant protection act. The program may include but not be limited to the\\nfollowing elements:\\n 1. educational and informational materials in print, audio, video,\\nelectronic, or other media;\\n 2. public service announcements and advertisements; and\\n 3. establishment of toll-free telephone hotlines to provide\\ninformation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "372-H", "title" : "Reporting on post adoption services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-12-17", "2022-03-18" ], "docLevelId" : "372-H", "activeDate" : "2022-03-18", "sequenceNo" : 466, "repealedDate" : null, "fromSection" : "372-H", "toSection" : "372-H", "text" : " § 372-h. Reporting on post adoption services. 1. The office of\\nchildren and family services shall place information on its website in\\nEnglish, French, Polish, and the ten most common non-English languages\\nspoken by individuals with limited English proficiency in the state of\\nNew York, based on United States census data regarding post adoption\\nservices funded by the office. The office shall work with social\\nservices districts to place information, to the extent that it is\\navailable, on each social services district website in English, French,\\nPolish, and the ten most common non-English languages spoken by\\nindividuals with limited English proficiency in the state of New York,\\nbased on United States census data regarding post adoption services\\nfunded by the social services district. Authorized agencies shall notify\\na foster parent, who has expressed interest in adopting a foster child,\\nof such websites listing potentially eligible services for a foster\\nchild, upon the adoption of such foster child.\\n 2. The office of children and family services shall collect and\\ncompile, by social services district:\\n (a) the following information on post adoption services funded by the\\noffice:\\n (i) the number of children and families served; and\\n (ii) the type of services provided; and\\n (b) the number of families receiving preventive services where post\\nadoption services was identified as a necessary and appropriate service\\nas part of the family assessment service plan held pursuant to section\\nfour hundred nine-e of this article and the status of such services.\\n 3. The office of children and family services shall compile, to the\\nextent that such information is available electronically through the\\nstate automated child welfare information system, the following non-\\nidentifying information by social services district:\\n (a) the number of children entering foster care that had previously\\nbeen adopted;\\n (b) the number of families receiving preventive services where at\\nleast one child in the household had previously been adopted; and\\n (c) for the children and families identified in paragraphs (a) and (b)\\nof this subdivision, the types of services, including post adoption\\nservices, identified as necessary and appropriate for the child or the\\nmembers of the child's family as part of the family assessment service\\nplan held pursuant to section four hundred nine-e of this article and\\nthe status of such services.\\n 4. (a) The office of children and family services shall submit, and\\npublish on its website, an annual report to the speaker of the assembly,\\nthe temporary president of the senate and the chairpersons of the senate\\nand assembly children and families committees starting no later than\\nSeptember first, two thousand fifteen. Such report shall include data\\nand information required by subdivision two of this section for the\\npreceding year, to the extent that such information is available, and\\nany other information the office of children and family services deems\\nappropriate. The office of children and family services shall indicate\\nthe extent to which the information collected reflects the total\\npopulation described in subdivision two of this section, and identify\\nany impediments to collecting such information.\\n (b) Beginning September first, two thousand seventeen, the annual\\nreport required by paragraph (a) of this subdivision shall be expanded\\nto include data and information required by subdivision three of this\\nsection for the preceding year, to the extent that such information is\\navailable, and any other information the office of children and family\\nservices deems appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "373", "title" : "Religious faith", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "373", "activeDate" : "2014-09-22", "sequenceNo" : 467, "repealedDate" : null, "fromSection" : "373", "toSection" : "373", "text" : " § 373. Religious faith. 1. Whenever a child is committed to any\\nagency, association, corporation, institution or society, other than an\\ninstitution supported and controlled by the state or a subdivision\\nthereof, such commitment shall be made, when practicable, to an\\nauthorized agency under the control of persons of the same religious\\nfaith as that of the child.\\n 2. Whenever any child is surrendered, released, placed out, or boarded\\nout, in a family, a home or an institution, or in an agency boarding\\nhome, or in a group home, or to an authorized agency, or in the custody\\nof any person other than that of a relative within the second degree,\\nsuch surrender, release, placement or boarding out shall when\\npracticable, be to, with or in the custody of a person or persons of the\\nsame religious faith as that of the child or to an authorized agency\\nunder the control of persons of the same religious faith as that of the\\nchild.\\n 3. In appointing guardians of children, and in granting orders of\\nadoption of children, the court shall, when practicable, appoint as such\\nguardians, and give custody through adoption, only to a person or\\npersons of the same religious faith as that of the child.\\n 4. The provisions of subdivision one, two and three of this section\\nshall be so interpreted as to assure that in the care, protection,\\nadoption, guardianship, discipline and control of any child, its\\nreligious faith shall be preserved and protected.\\n 5. Whenever a child is placed out or boarded out in the custody, or\\nunder the supervision or control, of a person or of persons of a\\nreligious faith different from that of the child, or if a guardian of a\\nchild is appointed whose religious faith is different from that of the\\nchild, or if letters of adoption of a child are granted to a person or\\npersons whose religious faith is different from that of the child or if\\na child is committed to an agency, association, corporation, society or\\ninstitution, which is under the control of persons of a religious faith\\ndifferent from that of the child, the court, public board, commission or\\nofficial shall state or recite the facts which impelled such disposition\\nto be made contrary to the religious faith of the child or to any person\\nwhose religious faith is different from that of the child and such\\nstatement shall be a part of the minutes of the proceeding, and subject\\nto inspection by the department or an authorized agency. This\\nsubdivision shall not apply to institutions supported and controlled by\\nthe state or a subdivision thereof.\\n 6. The provisions of this section in relation to the protection of the\\nreligious faith of children shall also apply to minors between sixteen\\nand eighteen years of age.\\n 7. The provisions of subdivisions one, two, three, four, five and six\\nof this section shall, so far as consistent with the best interests of\\nthe child, and where practicable, be applied so as to give effect to the\\nreligious wishes of the birth mother, and of the birth father whose\\nconsent would be required for the child's adoption pursuant to section\\none hundred eleven of the domestic relations law, if the child is born\\nout-of-wedlock, or if born in-wedlock, the religious wishes of the birth\\nparents of the child, or if only one of the birth parents of an\\nin-wedlock child is then living, the religious wishes of the birth\\nparent then living. Religious wishes of a parent shall include wishes\\nthat the child be placed in the same religion as the birth parent or in\\na different religion from the birth parent or with indifference to\\nreligion or with religion a subordinate consideration. Expressed\\nreligious wishes of a birth parent shall mean those which have been set\\nforth in a writing signed by the birth parent, except that, in a\\nnon-agency adoption, such writing shall be an affidavit of the birth\\nparent. In the absence of expressed religious wishes, as defined in this\\nsubdivision, determination of the religious wishes, if any, of the birth\\nparent, shall be made upon the other facts of the particular case, and,\\nif there is no evidence to the contrary, it shall be presumed that the\\nbirth parent wishes the child to be reared in the religion of the birth\\nparent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "373-A", "title" : "Medical histories", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "373-A", "activeDate" : "2014-09-22", "sequenceNo" : 468, "repealedDate" : null, "fromSection" : "373-A", "toSection" : "373-A", "text" : " § 373-a. Medical histories. Notwithstanding any other provision of law\\nto the contrary, to the extent they are available, the medical histories\\nof a child legally freed for adoption or of a child to be placed in\\nfoster care and of his or her birth parents, with information\\nidentifying such birth parents eliminated, shall be provided by an\\nauthorized agency to such child's prospective adoptive parent or foster\\nparent and upon request to the adoptive parent or foster parent when\\nsuch child has been adopted or placed in foster care. To the extent they\\nare available, the medical histories of a child in foster care and of\\nhis or her birth parents shall be provided by an authorized agency to\\nsuch child when discharged to his or her own care and upon request to\\nany adopted former foster child; provided, however, medical histories of\\nbirth parents shall be provided to an adoptee with information\\nidentifying such birth parents eliminated. Such medical histories shall\\ninclude all available information setting forth conditions or diseases\\nbelieved to be hereditary, any drugs or medication taken during\\npregnancy by the child's birth mother and any other information,\\nincluding any psychological information in the case of a child legally\\nfreed for adoption or when such child has been adopted, or in the case\\nof a child to be placed in foster care or placed in foster care which\\nmay be a factor influencing the child's present or future health. The\\ndepartment shall promulgate and may alter or amend regulations governing\\nthe release of medical histories pursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "374", "title" : "Authority to place out or board out children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2026-06-12" ], "docLevelId" : "374", "activeDate" : "2014-09-22", "sequenceNo" : 469, "repealedDate" : null, "fromSection" : "374", "toSection" : "374", "text" : " § 374. Authority to place out or board out children. 1. An authorized\\nagency is hereby empowered and permitted to place out and board out\\nchildren.\\n 1-a. In any agreement between an authorized agency and foster parents\\nwith whom a child or children are to be placed or boarded, there shall\\nbe contained therein the following language: \"It is duly acknowledged by\\nthe parties hereto that pursuant to the law of the state of New York, a\\nfoster parent shall have preference in any proceedings to adopt the\\nchild subject to this agreement upon such child having been in the\\ncustody of such foster parent for a period in excess of twelve months\".\\n 2. No person, agency, association, corporation, institution, society\\nor other organization except an authorized agency shall place out or\\nboard out any child but the provisions of this section shall not\\nrestrict or limit the right of a parent, legal guardian or relative\\nwithin the second degree to place out or board out a child.\\n 3. Except as hereinafter provided no court, public board, commission\\nor official shall place out or board out a child in a family not\\nresiding within this state.\\n (a) A commissioner of public welfare or a city public welfare officer\\nauthorized, pursuant to the provisions of section three hundred\\nninety-eight of the social welfare law, to accept the surrender of a\\nchild, may place out a child for the purpose of adoption in a family not\\nresiding within this state. No placement of a child in a family not\\nresiding within this state shall be made unless an agreement for such\\nplacement shall have been reached between the public welfare official\\nmaking such placement and the appropriate welfare or other public\\nofficial on a state or local level in the state where the family resides\\nwho is authorized by law to supervise children in institutional or\\nfoster care homes. Such agreement shall include provision for the\\nsupervision of the family and the child during the period preceding a\\nfinal adoption.\\n (b) A commissioner of public welfare or a city public welfare officer\\nauthorized, pursuant to the provisions of section three hundred\\nninety-eight of the social welfare law, to place children in family\\nhomes, may board out a child in a family not residing within this state.\\nNo child may be boarded out in a family not residing within this state\\nunless an agreement for such placement shall have been reached between\\nthe public welfare official making such placement and the appropriate\\nwelfare or other public official on a state or local level in the state\\nwhere the family resides who is authorized by law to supervise children\\nin institutional or foster care homes. Such agreement shall include\\nprovision for the supervision of the family and the child during the\\nperiod while the child is boarded out.\\n 4. (a) No hospital or lying-in asylum whether incorporated or\\nunincorporated where women or girls may be received, cared for or\\ntreated during pregnancy or during or after delivery except as\\nhereinafter provided and no person licensed to carry on like work under\\nthe provisions of article twenty-eight of the public health law shall be\\nan authorized agency for placing out or boarding out children or place\\nout any child in a foster home whether for adoption or otherwise either\\ndirectly or indirectly or as agent or representative of the mother or\\nparents of such child.\\n (b) Every such hospital and licensed person shall forthwith report to\\nthe county or city officer or board charged by law with the care of\\ndestitute children away from their homes where such hospital is located\\nor where such child is cared for by such licensed person any child\\nabandoned or left in the care or custody of such hospital or licensed\\nperson provided, however, that no such report except as provided in\\nsection three hundred seventy-two shall be required to be made by a\\nhospital which is also an authorized agency.\\n (c) Such officer or board shall receive and care for such child as a\\ndestitute or abandoned child and may bring the case of such child before\\nthe family court in the county or city for adjudication.\\n (d) The expense of caring for such child as a public charge shall be\\npaid as provided by this chapter.\\n 5. Nothing contained in this section shall deprive any hospital of any\\nright or power conferred upon it by its charter or act of incorporation\\nor specified in its certificate of incorporation.\\n 6. An authorized agency, as defined in paragraphs (a) and (c) of\\nsubdivision ten of section three hundred seventy-one of this title, may\\ncharge or accept a fee or other compensation to or from a person or\\npersons with whom it has placed out a child, for the reasonable and\\nnecessary expenses of such placement; and no agency, association,\\ncorporation, institution, society or organization, except such an\\nauthorized agency, and no person may or shall request, accept or receive\\nany compensation or thing of value, directly or indirectly, in\\nconnection with the placing out or adoption of a child or for assisting\\na birth parent, relative or guardian of a child in arranging for the\\nplacement of the child for the purpose of adoption; and no person may or\\nshall pay or give to any person or to any agency, association,\\ncorporation, institution, society or organization, except such an\\nauthorized agency, any compensation or thing of value in connection with\\nthe placing out or adoption of a child or for assisting a birth parent,\\nrelative or guardian of a child in arranging for the placement of the\\nchild for the purpose of adoption. The prohibition set forth in this\\nsection applies to any adoptive placement activity involving a child\\nborn in New York state or brought into this state or involving a New\\nYork resident seeking to bring a child into New York state for the\\npurpose of adoption.\\n This subdivision shall not be construed to prevent the payment of\\nsalaries or other compensation by an authorized agency to the officers\\nor employees thereof; nor shall it be construed to prevent the payment\\nby a person with whom a child has been placed out of reasonable and\\nactual medical fees or hospital charges for services rendered in\\nconnection with the birth of such child or of other necessary expenses\\nincurred by the birth mother in connection with or as a result of her\\npregnancy or the birth of the child, or of reasonable and actual\\nnursing, medical or hospital fees for the care of such child, if such\\npayment is made to the physician, nurse or hospital who or which\\nrendered the services or to the birth mother of the child, or to prevent\\nthe receipt of such payment by such physician, nurse, hospital or birth\\nmother. This subdivision shall not be construed to prevent the payment\\nby an adoptive parent, as defined in section one hundred nine of the\\ndomestic relations law, of the birth mother's reasonable and actual\\nexpenses for housing, maternity clothing, clothing for the child and\\ntransportation for a reasonable period not to exceed sixty days prior to\\nthe birth and the later of thirty days after the birth or thirty days\\nafter the parental consent to the adoption, unless a court determines,\\nin writing, that exceptional circumstances exist which require the\\npayment of the birth mother's expenses beyond the time periods stated in\\nthis sentence. This subdivision shall not be construed to prevent the\\npayment by an adoptive parent, as defined in section one hundred nine of\\nthe domestic relations law, of reasonable and actual legal fees charged\\nfor consultation and legal advice, preparation of papers and\\nrepresentation and other legal services rendered in connection with an\\nadoption proceeding or of necessary disbursements incurred for or in an\\nadoption proceeding. No attorney or law firm shall serve as the attorney\\nfor, or provide any legal services to both the birth parent and adoptive\\nparent in regard to the placing out of a child for adoption or in an\\nadoption proceeding. No attorney or law firm shall serve as the attorney\\nfor, or provide any legal services to, both an authorized agency and\\nadoptive parent or both an authorized agency and birth parent where the\\nauthorized agency provides adoption services to such birth parent or\\nadoptive parent, where the authorized agency provides foster care for\\nthe child, or where the authorized agency is directly or indirectly\\ninvolved in the placing out of such child for adoption.\\n 7. After receipt of notice from the state commissioner of health or\\nthe department of health of the city of New York, as the case may be,\\nthat an application has been received by such commissioner or department\\nfor a license or for the renewal of a license to conduct a maternity\\nhospital or lying-in asylum, pursuant to the provisions of article\\ntwenty-eight of the public health law, the department shall, after\\nnotice to the applicant and opportunity for him to be heard, certify in\\nwriting to such commissioner or city department that the department has\\nreasonable cause to believe that the applicant is violating or has\\nviolated the provisions of this section, if such be the case. The\\ndepartment shall so certify within thirty days of the date it received\\nnotice, or within such additional period, not to exceed thirty days, as\\nthe department may request in writing addressed to the commissioner or\\nadministration giving notice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "374-A", "title" : "Interstate compact on the placement of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374-A", "activeDate" : "2014-09-22", "sequenceNo" : 470, "repealedDate" : null, "fromSection" : "374-A", "toSection" : "374-A", "text" : " § 374-a. Interstate compact on the placement of children. 1. The\\ninterstate compact on the placement of children is hereby enacted into\\nlaw and entered into with all other jurisdictions legally joining\\ntherein in form substantially as follows:\\n INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN\\n ARTICLE I. PURPOSE AND POLICY\\n It is the purpose and policy of the party states to cooperate with\\neach other in the interstate placement of children to the end that:\\n (a) Each child requiring placement shall receive the maximum\\nopportunity to be placed in a suitable environment and with persons or\\ninstitutions having appropriate qualifications and facilities to provide\\na necessary and desirable degree and type of care.\\n (b) The appropriate authorities in a state where a child is to be\\nplaced may have full opportunity to ascertain the circumstances of the\\nproposed placement, thereby promoting full compliance with applicable\\nrequirements for the protection of the child.\\n (c) The proper authorities of the state from which the placement is\\nmade may obtain the most complete information on the basis of which to\\nevaluate a projected placement before it is made.\\n (d) Appropriate jurisdictional arrangements for the care of children\\nwill be promoted.\\n ARTICLE II. DEFINITIONS\\n As used in this compact:\\n (a) \"Child\" means a person who, by reason of minority, is legally\\nsubject to parental, guardianship or similar control.\\n (b) \"Sending agency\" means a party state, officer or employee thereof;\\na subdivision of a party state, or officer or employee thereof; a court\\nof a party state; a person, corporation, association, charitable agency\\nor other entity which sends, brings, or causes to be sent or brought any\\nchild to another party state.\\n (c) \"Receiving state\" means the state to which a child is sent,\\nbrought, or caused to be sent or brought, whether by public authorities\\nor private persons or agencies, and whether for placement with state or\\nlocal public authorities or for placement with private agencies or\\npersons.\\n (d) \"Placement\" means the arrangement for the care of a child in a\\nfamily free or boarding home or in a child-caring agency or institution\\nbut does not include any institution caring for the mentally ill,\\nmentally defective or epileptic or any institution primarily educational\\nin character, and any hospital or other medical facility.\\n ARTICLE III. CONDITIONS FOR PLACEMENT\\n (a) No sending agency shall send, bring, or cause to be sent or\\nbrought into any other party state any child for placement in foster\\ncare or as a preliminary to a possible adoption unless the sending\\nagency shall comply with each and every requirement set forth in this\\narticle and with the applicable laws of the receiving state governing\\nthe placement of children therein.\\n (b) Prior to sending, bringing or causing any child to be sent or\\nbrought into a receiving state for placement in foster care or as a\\npreliminary to a possible adoption, the sending agency shall furnish the\\nappropriate public authorities in the receiving state written notice of\\nthe intention to send, bring, or place the child in the receiving state.\\nThe notice shall contain:\\n (1) The name, date and place of birth of the child.\\n (2) The identity and address or addresses of the parents or legal\\nguardian.\\n (3) The name and address of the person, agency or institution to or\\nwith which the sending agency proposes to send, bring, or place the\\nchild.\\n (4) A full statement of the reasons for such proposed action and\\nevidence of the authority pursuant to which the placement is proposed to\\nbe made.\\n (c) Any public officer or agency in a receiving state which is in\\nreceipt of a notice pursuant to paragraph (b) of this article may\\nrequest of the sending agency, or any other appropriate officer or\\nagency of or in the sending agency's state, and shall be entitled to\\nreceive therefrom, such supporting or additional information as it may\\ndeem necessary under the circumstances to carry out the purpose and\\npolicy of this compact.\\n (d) The child shall not be sent, brought, or caused to be sent or\\nbrought into the receiving state until the appropriate public\\nauthorities in the receiving state shall notify the sending agency, in\\nwriting, to the effect that the proposed placement does not appear to be\\ncontrary to the interests of the child.\\n ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT\\n The sending, bringing, or causing to be sent or brought into any\\nreceiving state of a child in violation of the terms of this compact\\nshall constitute a violation of the laws respecting the placement of\\nchildren of both the state in which the sending agency is located or\\nfrom which it sends or brings the child and of the receiving state.\\nSuch violation may be punished or subjected to penalty in either\\njurisdiction in accordance with its laws. In addition to liability for\\nany such punishment or penalty, any such violation shall constitute full\\nand sufficient grounds for the suspension or revocation of any license,\\npermit, or other legal authorization held by the sending agency which\\nempowers or allows it to place, or care for children.\\n ARTICLE V. RETENTION OF JURISDICTION\\n (a) The sending agency shall retain jurisdiction over the child\\nsufficient to determine all matters in relation to the custody,\\nsupervision, care, treatment and disposition of the child which it would\\nhave had if the child had remained in the sending agency's state, until\\nthe child is adopted, reaches majority, becomes self-supporting or is\\ndischarged with the concurrence of the appropriate authority in the\\nreceiving state. Such jurisdiction shall also include the power to\\neffect or cause the return of the child or its transfer to another\\nlocation and custody pursuant to law. The sending agency shall continue\\nto have financial responsibility for support and maintenance of the\\nchild during the period of the placement. Nothing contained herein shall\\ndefeat a claim of jurisdiction by a receiving state sufficient to deal\\nwith an act of delinquency or crime committed therein.\\n (b) When the sending agency is a public agency, it may enter into an\\nagreement with an authorized public or private agency in the receiving\\nstate providing for the performance of one or more services in respect\\nof such case by the latter as agent for the sending agency.\\n (c) Nothing in this compact shall be construed to prevent a private\\ncharitable agency authorized to place children in the receiving state\\nfrom performing services or acting as agent in that state for a private\\ncharitable agency of the sending state; nor to prevent the agency in the\\nreceiving state from discharging financial responsibility for the\\nsupport and maintenance of a child who has been placed on behalf of the\\nsending agency without relieving the responsibility set forth in\\nparagraph (a) hereof.\\n ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN\\n A child adjudicated delinquent may be placed in an institution in\\nanother party jurisdiction pursuant to this compact, but no such\\nplacement shall be made unless the child is given a court hearing on\\nnotice to the parent or guardian with opportunity to be heard, prior to\\nhis being sent to such other party jurisdiction for institutional care\\nand the court finds that:\\n 1. Equivalent facilities for the child are not available in the\\nsending agency's jurisdiction; and\\n 2. Institutional care in the other jurisdiction is in the best\\ninterest of the child and will not produce undue hardship.\\n ARTICLE VII. COMPACT ADMINISTRATOR\\n The executive head of each jurisdiction party to this compact shall\\ndesignate an officer who shall be general coordinator of activities\\nunder this compact in his jurisdiction and who, acting jointly with like\\nofficers of other party jurisdictions, shall have power to promulgate\\nrules and regulations to carry out more effectively the terms and\\nprovisions of this compact.\\n ARTICLE VIII. LIMITATIONS\\n This compact shall not apply to:\\n (a) The sending or bringing of a child into a receiving state by his\\nparent, step-parent, grandparent, adult brother or sister, adult uncle\\nor aunt, or his guardian and leaving the child with any such relative or\\nnon-agency guardian in the receiving state.\\n (b) Any placement, sending or bringing of a child into a receiving\\nstate pursuant to any other interstate compact to which both the state\\nfrom which the child is sent or brought and the receiving state are\\nparty, or to any other agreement between said states which has the force\\nof law.\\n ARTICLE IX. ENACTMENT AND WITHDRAWAL\\n This compact shall be open to joinder by any state, territory or\\npossession of the United States, the district of Columbia, the\\ncommonwealth of Puerto Rico, and, with the consent of congress, the\\ngovernment of Canada or any province thereof. It shall become effective\\nwith respect to any such jurisdiction when such jurisdiction has enacted\\nthe same into law. Withdrawal from this compact shall be by the\\nenactment of a statute repealing the same, but shall not take effect\\nuntil two years after the effective date of such statute and until\\nwritten notice of the withdrawal has been given by the withdrawing state\\nto the governor of each other party jurisdiction. Withdrawal of a party\\nstate shall not affect the rights, duties and obligations under this\\ncompact of any sending agency therein with respect to a placement made\\nprior to the effective date of withdrawal.\\n ARTICLE X. CONSTRUCTION AND SEVERABILITY\\n The provisions of this compact shall be liberally construed to\\neffectuate the purposes thereof. The provisions of this compact shall be\\nseverable and if any phrase, clause, sentence or provision of this\\ncompact is declared to be contrary to the constitution of any party\\nstate or of the United States or the applicability thereof to any\\ngovernment, agency, person or circumstance is held invalid, the validity\\nof the remainder of this compact and the applicability thereof to any\\nother government, agency, person or circumstance shall not be affected\\nthereby. If this compact shall be held contrary to the constitution of\\nany state party thereto, the compact shall remain in full force and\\neffect as to the remaining states and in full force and effect as to the\\nstate affected as to all severable matters.\\n 2. Any requirement of this state for a license, permit, or the posting\\nof a bond to entitle an agency to place children shall not apply to a\\npublic sending agency (within the meaning of the interstate compact on\\nthe placement of children) of or in another state party to said compact.\\n 3. Financial responsibility for any child placed pursuant to the\\nprovisions of the interstate compact for the placement of children shall\\nbe determined in accordance with the provisions of article five thereof\\nin the first instance. However, in the event of partial or complete\\ndefault of performance thereunder, the provisions of section three\\nhundred eighty-two of this chapter with respect to such responsibility\\nalso may be invoked.\\n 4. The \"appropriate public authorities\" as used in article three of\\nthe interstate compact on the placement of children shall, with\\nreference to New York, mean the department of social services, except\\nthat, with respect to the placement of children \"adjudicated\\ndelinquent\", as that phrase is used in article six thereof, who are to\\nbe placed in a facility operated or supervised by the division for\\nyouth, shall mean the division for youth, and said department and\\ndivision shall receive and act with reference to notices required by\\nsaid article three.\\n 5. As used in paragraph (a) of article five of the interstate compact\\non the placement of children the phrase \"appropriate authority in the\\nreceiving state\" with reference to New York state shall mean the\\ncommissioner of social services of the social services district in which\\nthe child may be at the time of discharge, and, with respect to children\\n\"adjudicated delinquent\", as that phrase is used in article six thereof,\\nwho are to be discharged from a facility operated or supervised by the\\ndivision for youth, shall mean the division for youth.\\n 6. The officers and agencies of this state and its subdivisions having\\nauthority to place children are hereby empowered to enter into\\nagreements with appropriate officers or agencies of or in other party\\nstates pursuant to paragraph (b) of article five of the interstate\\ncompact on the placement of children. Any such agreement which contains\\na financial commitment or imposes a financial obligation on this state\\nor subdivision or agency thereof shall not be binding unless it has the\\napproval in writing of the comptroller in the case of the state and of\\nthe chief local fiscal officer in the case of a subdivision of the\\nstate.\\n 7. Any requirements for visitation, inspection or supervision of\\nchildren, homes, institutions or other agencies in another party state\\nwhich may apply under sections three hundred eighty-two, three hundred\\neighty-six or three hundred ninety-eight of this chapter shall be deemed\\nto be met if performed pursuant to an agreement entered into by\\nappropriate officers or agencies of this state or a subdivision thereof\\nas contemplated by paragraph (b) of article five of the interstate\\ncompact on the placement of children.\\n 8. Neither the prohibition of, nor the limitations on out of state\\nplacement of children contained in sections three hundred seventy-four\\nand three hundred ninety-eight of this chapter shall apply to placements\\nmade pursuant to the interstate compact on the placement of children.\\n 9. Any court having jurisdiction to place delinquent children may\\nplace such a child in an institution of or in another state pursuant to\\narticle six of the interstate compact on the placement of children and\\nshall retain jurisdiction as provided in article five thereof.\\n 10. As used in article seven of the interstate compact on the\\nplacement of children, the term \"executive head\" means the governor. The\\ngovernor is hereby authorized to appoint a compact administrator in\\naccordance with the terms of said article seven.\\n 11. (a) In addition to the conditions for placement set forth in\\nsubdivision one of this section, the sending agency shall, in the case\\nof a placement preliminary to a possible adoption, submit to the compact\\nadministrator a full statement setting forth all fees, including the\\ncategories of such fees, paid and to be paid by the adoptive parent to\\nany agency or person in exchange for the adoptive placement.\\n (b) The compact administrator shall not approve a proposed placement\\nwhere such placement violates subdivision six of section three hundred\\nseventy-four of this chapter.\\n 12. Placement of a child in this state in violation of subdivision one\\nof this section by an out of state sending agency shall, in addition to\\nany other remedy or sanction imposed by law, subject the agency\\nviolating such provision to a civil action for money damages including\\nfees, compensation and other remuneration paid by any person on account\\nof or incident to the placement of a child in violation of such\\nprovision.\\n Placement of a child by an out of state sending agency in violation of\\nsuch provision shall subject such agency to the exercise of personal\\njurisdiction over such agency by a court pursuant to subparagraph (i) of\\nparagraph three of subdivision (a) of section three hundred two of the\\ncivil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "374-B", "title" : "Authority to operate agency boarding home", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374-B", "activeDate" : "2014-09-22", "sequenceNo" : 471, "repealedDate" : null, "fromSection" : "374-B", "toSection" : "374-B", "text" : " § 374-b. Authority to operate agency boarding home. 1. An authorized\\nagency which is not a court, public board, commission, or official, is\\nhereby empowered and permitted to operate agency boarding homes in\\ncompliance with regulations of the department; and a social services\\nofficial who is authorized to place children in family homes and\\ninstitutions, pursuant to section three hundred ninety-eight, may be\\nauthorized by the department to operate agency boarding homes, in\\ncompliance with such regulations, if such official applies for such\\nauthority and demonstrates to the department his need therefor and that\\nsuitable care is not otherwise available for children and/or minors\\nunder the care of such official through an authorized agency under the\\ncontrol of persons of the same religious faith as such children. No\\nagency boarding home shall care for more than six children or minors\\nexcept that such a home may provide care for more than six brothers and\\nsisters of the same family. Such homes shall be subject to supervision,\\nvisitation and inspection by the department and shall also be subject to\\nvisitation and inspection by the board.\\n 2. (a) If an authorized agency plans to establish one or more boarding\\nhomes within a municipality, it shall notify the chief executive officer\\nof the municipality in writing of its intentions and include in such\\nnotice a description of the nature, size and the community support\\nrequirements of the program.\\n (b) For purposes of this subdivision, \"municipality\" means an\\nincorporated village, if a facility is to be located therein; a town, if\\nthe facility is to be located therein, and not simultaneously within an\\nincorporated village; or a city, except that in the city of New York,\\nthe community board with jurisdiction over the area in which such a\\nfacility is to be located shall be considered the municipality.\\n 3. An authorized agency that has received approval from the office of\\nchildren and family services may operate a supervised independent living\\nprogram, as defined in section three hundred seventy-one of this title.\\nThe office of children and family services shall promulgate regulations\\nestablishing the standards for approval and operation of supervised\\nindependent living programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "374-C", "title" : "Authority to operate group homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374-C", "activeDate" : "2014-09-22", "sequenceNo" : 472, "repealedDate" : null, "fromSection" : "374-C", "toSection" : "374-C", "text" : " § 374-c. Authority to operate group homes. 1. An authorized agency\\nwhich is not a court, public board, commission or official is hereby\\nempowered and permitted to operate group homes in compliance with\\nregulations of the department. A social services official who is\\nauthorized to place children in family homes and institutions, pursuant\\nto section three hundred ninety-eight, may be authorized by the\\ndepartment to operate group homes in compliance with such regulations,\\nprovided that such official demonstrates to the satisfaction of the\\ndepartment the need therefor and that suitable care is not otherwise\\navailable for children under the care of such official through an\\nauthorized agency under the control of persons of the same religious\\nfaith as such children. Such homes shall be subject to supervision,\\nvisitation and inspection by the department and shall also be subject to\\nvisitation and inspection by the board.\\n 2. (a) If an authorized agency plans to establish one or more group\\nhomes within a municipality, it shall notify the chief executive officer\\nof the municipality in writing of its intentions and include in such\\nnotice a description of the nature, size and the community support\\nrequirements of the program.\\n (b) For purposes of this subdivision, \"municipality\" means an\\nincorporated village, if a facility is to be located therein; a town, if\\nthe facility is to be located therein, and not simultaneously within an\\nincorporated village; or a city, except that in the city of New York,\\nthe community board with jurisdiction over the area in which such a\\nfacility is to be located shall be considered the municipality.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "374-D", "title" : "Authority to operate public institutions for children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374-D", "activeDate" : "2014-09-22", "sequenceNo" : 473, "repealedDate" : null, "fromSection" : "374-D", "toSection" : "374-D", "text" : " § 374-d. Authority to operate public institutions for children. A\\nsocial services official who is authorized to place children in family\\nhomes and institutions, pursuant to section three hundred ninety-eight,\\nmay be authorized by the department to operate public institutions for\\nchildren in compliance with regulations of the department, provided that\\nsuch official demonstrates to the satisfaction of the department the\\nneed therefor and that suitable care is not otherwise available for\\nchildren under the care of such official. Such institutions shall be\\nsubject to supervision, visitation and inspection by the department and\\nshall also be subject to visitation and inspection by the board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "374-E", "title" : "Authority to place out or board out children with therapeutic foster parents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374-E", "activeDate" : "2014-09-22", "sequenceNo" : 474, "repealedDate" : null, "fromSection" : "374-E", "toSection" : "374-E", "text" : " § 374-e. Authority to place out or board out children with therapeutic\\nfoster parents. A social services official or agency who is authorized\\nto place out or board out children pursuant to section three hundred\\nninety-eight or three hundred seventy-four of this article, is\\nauthorized by the department to place out or board out children having\\nspecial needs with therapeutic foster parents pursuant to subdivision\\nfifteen of section three hundred ninety-eight of this article and in\\ncompliance with regulations of the department. Such placement shall only\\nbe made, however, when the official or agency demonstrates to the\\nsatisfaction of the department that state expenditures incurred in\\nplacing a child with a therapeutic foster parent are less than those\\nthat would be incurred if the children were placed in an institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "374-F", "title" : "Authority to enter into leases for dwelling units", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "374-F", "activeDate" : "2014-09-22", "sequenceNo" : 475, "repealedDate" : null, "fromSection" : "374-F", "toSection" : "374-F", "text" : " § 374-f. Authority to enter into leases for dwelling units. Any\\ninconsistent provisions of this chapter or any other law\\nnotwithstanding, a public welfare official authorized to operate agency\\nboarding homes or group homes is hereby empowered to rent or lease\\ndwelling units in his capacity as a public welfare official, as lessee,\\nin any federal project, state project or municipal project, as defined\\nin the public housing law, or in any municipally-aided project or\\nstate-aided project, or other project, as defined in the private housing\\nfinance law, or elsewhere, for the purpose of operating therein such\\nagency boarding homes or group homes, and is hereby empowered to\\ncontract, in his capacity as a public welfare official, as contractor,\\nwith individuals for their services in conducting such homes and caring\\nfor children or minors placed in such homes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "375", "title" : "Requirement of certificate or license to board children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "375", "activeDate" : "2014-09-22", "sequenceNo" : 476, "repealedDate" : null, "fromSection" : "375", "toSection" : "375", "text" : " § 375. Requirement of certificate or license to board children.\\nExcept for relatives within the second degree or third degree of the\\nparents of a child or children, relatives within the second degree or\\nthird degree of the step-parent of a child or children, legally\\nappointed guardians, schools and academies meeting the requirements of\\nthe education law as to compulsory education, camps operated for profit\\nfor the accommodation of school age children during school vacation\\nperiods under permits issued by health officers pursuant to chapter\\nseven of the state sanitary code, and persons with whom a child or\\nchildren are placed out, no person shall receive, board or keep any\\nchild under the age of eighteen years unless certified or licensed to do\\nso as provided in this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "376", "title" : "Certificate to board children and/or minors under age of eighteen years", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-07-03", "2015-08-21" ], "docLevelId" : "376", "activeDate" : "2015-08-21", "sequenceNo" : 477, "repealedDate" : null, "fromSection" : "376", "toSection" : "376", "text" : " § 376. Certificate to board children and/or minors under age of\\neighteen years. 1. An authorized agency which shall board out any child\\nand/or minor under the age of eighteen years shall issue to the person\\nreceiving such child and/or minor for board a certificate to receive,\\nboard or keep a child and/or minor under the age of eighteen years.\\nPrior to issuing such certificate, the agency shall require that an\\napplicant set forth: his or her employment history, provide personal and\\nemployment references and sign a sworn statement indicating whether the\\napplicant, to the best of his or her knowledge, has ever been convicted\\nof a crime in this state or any other jurisdiction. In accordance with\\nthe regulations of the office of children and family services, in\\naddition to the requirements set forth in subdivision two of section\\nthree hundred seventy-eight-a of this title and paragraph (a) of\\nsubdivision one of section four hundred twenty-four-a of this article,\\nthe agency shall review information available in the statewide automated\\nchild welfare information system to determine whether the applicant\\npreviously held such a certificate, or a license or approval as a foster\\nparent and, if so, whether such certificate, license or approval was\\nrevoked, not renewed, or a foster child was removed from his or her home\\nfor health or safety reasons and shall consider such information in\\ndetermining whether a certificate should be issued to such applicant.\\nNot until all inquiries are completed and evaluated shall the agency\\ncause such certificate to be issued.\\n 2. The agency issuing or renewing any such certificate shall forthwith\\ntransmit a copy or report thereof to the board.\\n 3. No person shall be certified by more than one authorized agency but\\nany person so certified may receive for care at board or otherwise a\\nchild and/or minor under the age of eighteen years from other sources\\nupon the written consent and approval of the certifying agency as to\\neach such child and/or minor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "377", "title" : "License to board children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-02", "2015-07-03", "2015-08-21" ], "docLevelId" : "377", "activeDate" : "2015-08-21", "sequenceNo" : 478, "repealedDate" : null, "fromSection" : "377", "toSection" : "377", "text" : " § 377. License to board children. 1. Application for a license to\\nreceive, board or keep any child shall be made in writing to the\\ncommissioner of social services in and for the social services district\\nwherein the premises to be licensed are located, in the form and manner\\nprescribed by the office of children and family services. The office\\nshall require that an applicant set forth: his or her employment\\nhistory, provide personal and employment references and sign a sworn\\nstatement indicating whether, to the best of his or her knowledge, he or\\nshe has ever been convicted of a crime in this state or any other\\njurisdiction. In accordance with the regulations of the office of\\nchildren and family services, in addition to the requirements set forth\\nin subdivision two of section three hundred seventy-eight-a of this\\ntitle and paragraph (a) of subdivision one of section four hundred\\ntwenty-four-a of this article, such commissioner of social services\\nshall review information available in the statewide automated child\\nwelfare information system to determine whether the applicant previously\\nheld such a license, or a certificate or approval as a foster parent,\\nand, if so, whether such license, certificate or approval was revoked,\\nnot renewed, or a foster child was removed from his or her home for\\nhealth or safety reasons and shall consider such information in\\ndetermining whether a license should be issued to such applicant. Not\\nuntil all inquiries are completed and evaluated shall the commissioner\\nof social services cause such license to be issued.\\n 2. Before any such license shall be issued an authorized agent or\\nemployee of the social services district shall visit and inspect the\\npremises for which such license is requested, make such further inquiry\\nand investigation as may be required to ascertain compliance with\\napplicable requirements.\\n 3. If it appears from such inquiry and investigation that the\\napplicant maintains a home suitable for the care of children in\\naccordance with the regulations of the department, the commissioner of\\nsocial services shall cause such license to be issued in such manner as\\nthe department may provide.\\n 4. The commissioner of social services, issuing or renewing any such\\nlicense, shall in accordance with the directions of the department,\\ntransmit a copy or report thereof to the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "378", "title" : "Form, duration and limitation of certificates and licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "378", "activeDate" : "2014-09-22", "sequenceNo" : 479, "repealedDate" : null, "fromSection" : "378", "toSection" : "378", "text" : " § 378. Form, duration and limitation of certificates and licenses. 1.\\nCertificates or licenses to receive, board or keep any child and/or\\nminor shall be in the form prescribed and provided by the department to\\nthe effect that such person is regarded by the issuing authorized agency\\nor social services department, as the case may be, as maintaining a home\\nsuitable for the care of children and/or minors and specifying the name,\\naddress, and religious faith of the person to whom issued, the number of\\nchildren and/or minors for whom such person is certified or licensed to\\ncare and such other information as the department may require.\\n 2. Such certificates and licenses shall be valid for not more than two\\nyears after date of issue but may be renewed or extended subject to\\nregulations established by the office of children and family services.\\n 3. No such license shall permit the reception for board of more than\\nsix children and if there are children not received for board living in\\nthe home of a person to whom such license is issued, whether children of\\nsuch person or otherwise, the sum of the number of such children and of\\nthe number of children permitted to be received for board by such\\nlicense shall not exceed six, excepting, however, that such license may\\npermit the reception for board of additional children if such children\\n(a) are siblings or half-siblings, or are siblings or half-siblings of a\\nchild living in the home, (b) are children freed for adoption as defined\\nin subdivision (b) of section one thousand eighty-seven of the family\\ncourt act, and have been placed for adoption with the person to whom\\nsuch license is issued, or (c) are minor parents who are foster children\\nand the minor parents' children.\\n 4. No such certificate shall permit the reception for board of more\\nthan six children and/or minors and if there are children under thirteen\\nyears of age not received for board living in the home of the person to\\nwhom such certificate is issued, whether children of such person or\\notherwise, the total number of such children and of the number of\\nchildren and/or minors permitted to be received for board by such\\ncertificate shall not exceed six, excepting, however, that such\\ncertificate may permit the reception for board of up to two additional\\nchildren if such children (a) are siblings or half-siblings, or are\\nsiblings or half-siblings of a child living in the home, (b) are\\nchildren freed for adoption as defined in subdivision (b) of section one\\nthousand eighty-seven of the family court act, and have been placed for\\nadoption with the person to whom such certificate is issued, or (c) are\\nminor parents who are foster children and the minor parents' children.\\n 5. The department shall establish and may alter or amend regulations\\ngoverning the issuing and revocation of such licenses and certificates\\nand prescribing standards, records, accommodations and equipment for the\\ncare of children and/or minors received under such licenses and\\ncertificates.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "378-A", "title" : "Access to conviction records by authorized agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2016-04-08", "2017-01-13", "2019-04-19", "2019-07-05", "2021-04-09" ], "docLevelId" : "378-A", "activeDate" : "2021-04-09", "sequenceNo" : 480, "repealedDate" : null, "fromSection" : "378-A", "toSection" : "378-A", "text" : " § 378-a. Access to conviction records by authorized agencies. 1.\\nEvery authorized agency which operates a residential program for\\nchildren licensed or certified by the office of children and family\\nservices, and the office of children and family services in relation to\\nany juvenile justice program it operates, shall request that the justice\\ncenter for the protection of people with special needs check, and upon\\nsuch request, such justice center shall request and shall be authorized\\nto receive from the division of criminal justice services and the\\nfederal bureau of investigation criminal history information, as such\\nphrase is defined in paragraph (c) of subdivision one of section eight\\nhundred forty-five-b of the executive law concerning each prospective\\noperator, employee or volunteer of such a residential program who will\\nhave regular and substantial unsupervised or unrestricted physical\\ncontact with children in such program.\\n (a) Provided however, any authorized agency required to request\\ncriminal history information pursuant to this subdivision that operates\\na residential program for foster children that is licensed or certified\\nby the office of children and family services shall request that the\\njustice center for the protection of people with special needs check,\\nand upon such request, such justice center shall request and shall be\\nauthorized to receive from the division of criminal justice services and\\nthe federal bureau of investigation criminal history information, as\\nsuch phrase is defined in paragraph (c) of subdivision one of section\\neight hundred forty-five-b of the executive law, for every: (i)\\nprospective employee of such program that is not already required to be\\ncleared pursuant to the opening paragraph of this subdivision; and (ii)\\nnotwithstanding any other provision of law to the contrary, prior to\\nApril first, two thousand twenty and in accordance with a schedule\\ndeveloped by the office of children and family services, any person who\\nis employed in a residential foster care program that has not previously\\nhad a clearance conducted pursuant to this section in connection to such\\nemployment.\\n (b) For the purposes of this section, \"operator\" shall include any\\nnatural person with an ownership interest in the authorized agency.\\n (c) Access to and the use of information obtained pursuant to this\\nsubdivision shall be governed by the provisions of section eight hundred\\nforty-five-b of the executive law.\\n 1-a. Excluding the authorized agencies authorized to request and\\nreceive criminal history information pursuant to subdivision one of this\\nsection, and subject to the rules and regulations of the division of\\ncriminal justice services, an authorized agency defined in subdivision\\nten of section three hundred seventy-one of this title shall have access\\nto criminal history information, as such phrase is defined in paragraph\\n(c) of subdivision one of section eight hundred forty-five-b of the\\nexecutive law, pertaining to persons who have applied for and are under\\nactive consideration for employment by such authorized agency in\\npositions where such persons will have the potential for regular and\\nsubstantial unsupervised and unrestricted physical contact with children\\nin the program. Upon receipt of such criminal history information, the\\nauthorized agency shall provide the prospective employee with a copy of\\nsuch criminal history information and a copy of article twenty-three-A\\nof the correction law and inform such prospective employee of his or her\\nright to seek correction of any incorrect information contained in such\\ncriminal history information pursuant to the regulations and procedures\\nestablished by the division of criminal justice services. The authorized\\nagency shall designate one or two persons in its employ who shall be\\nauthorized to request, receive and review the criminal history\\ninformation pursuant to this subdivision, and only such persons and the\\nprospective employee to which the criminal history information relates\\nshall have access to such information; provided, however, that such\\ncriminal history information may be disclosed to other personnel\\nempowered by the agency to make decisions concerning prospective\\nemployees. The authorized agency shall notify the division of criminal\\njustice services of each person authorized to have access to such\\ncriminal history information pursuant to this subdivision. Except as\\notherwise provided in this subdivision, such criminal history\\ninformation shall be confidential and any person who willfully permits\\nthe release of such confidential criminal history information to persons\\nnot permitted by this subdivision to receive such information shall be\\nguilty of a misdemeanor.\\n 2. (a) Notwithstanding any other provision of law to the contrary, and\\nsubject to rules and regulations of the division of criminal justice\\nservices, an authorized agency, as defined in subdivision ten of section\\nthree hundred seventy-one of this title, shall perform a criminal\\nhistory record check with the division of criminal justice services\\nregarding any prospective foster parent or prospective adoptive parent\\nor, a prospective successor guardian in accordance with paragraph (d) of\\nsubdivision two of section four hundred fifty-eight-b of this article,\\nand any person over the age of eighteen who is currently residing in the\\nhome of such prospective foster parent, prospective adoptive parent or\\nprospective successor guardian. Provided, however, that for prospective\\nfoster parents and prospective adoptive parents and other persons over\\nthe age of eighteen in their homes, the checks required by this\\nparagraph shall be conducted before the foster parent or adoptive parent\\nis finally certified or approved for the placement of a child. Persons\\nwho are over the age of eighteen residing in the home of a certified or\\napproved foster parent and who previously did not have a criminal\\nhistory record check performed in accordance with this subdivision shall\\nhave such a criminal history record check performed when the foster\\nparent applies for renewal of his or her certification or approval as a\\nfoster parent. The division of criminal justice services is authorized\\nto submit fingerprints to the federal bureau of investigation for the\\npurpose of a nationwide criminal history record check pursuant to and\\nconsistent with public law 92-544 to determine whether such prospective\\nfoster parent, prospective adoptive parent, prospective successor\\nguardian or person over the age of eighteen currently residing in the\\nhome of such prospective parent or guardian has a criminal history in\\nany state or federal jurisdiction. The provisions and procedures of this\\nsection, including the criminal history record check of persons over the\\nage of eighteen who are currently residing in the home of the foster\\nparent, also shall apply to prospective foster parents certified by the\\noffice of children and family services and to family homes certified by\\nany other state agency where such family homes care for foster children\\nin accordance with a memorandum of understanding with the office of\\nchildren and family services.\\n (b) Every authorized agency shall obtain a set of the prospective\\nfoster parent, prospective adoptive parent or prospective successor\\nguardian's fingerprints and those of any person over the age of eighteen\\nwho currently resides in the home of such prospective foster parent,\\nprospective adoptive parent or prospective successor guardian, and such\\nother information as is required by the office of children and family\\nservices and the division of criminal justice services. The authorized\\nagency shall provide to the applicant blank fingerprint cards and a\\ndescription of how the completed fingerprint cards will be used upon\\nsubmission to the authorized agency. The authorized agency shall\\npromptly transmit such fingerprint cards to the office of children and\\nfamily services. The office of children and family services shall\\npromptly submit such fingerprint cards and the processing fee imposed\\npursuant to subdivision eight-a of section eight hundred thirty-seven of\\nthe executive law to the division of criminal justice services for its\\nfull search and retain processing. Notwithstanding any other provision\\nof law to the contrary, the processing fee shall be submitted by the\\noffice of children and family services and no part thereof shall be\\ncharged to the prospective foster parent, prospective adoptive parent,\\nprospective successor guardian or any person over the age of eighteen\\nwho currently resides in the home of such prospective foster parent,\\nprospective adoptive parent or prospective successor guardian who\\nsubmitted a fingerprint card pursuant to this subdivision.\\n (c) The division of criminal justice services shall promptly provide\\nto the office of children and family services a criminal history record,\\nif any, with respect to the prospective foster parent, prospective\\nadoptive parent or prospective successor guardian and any other person\\nover the age of eighteen who resides in the home of the prospective\\nfoster parent, prospective adoptive parent or prospective successor\\nguardian, or a statement that the individual has no criminal history\\nrecord.\\n (d) Notwithstanding any other provision of law to the contrary, the\\noffice of children and family services, upon receipt of a criminal\\nhistory record from the division of criminal justice services, may\\nrequest, and is entitled to receive, information pertaining to any\\noffense contained in such criminal history record from any state or\\nlocal law enforcement agency or court for the purposes of determining\\nwhether any ground relating to such criminal conviction or pending\\ncriminal charge exists for denying an application.\\n (e) Except as set forth in paragraph (m) of this section, after\\nreviewing any criminal history record information provided by the\\ndivision of criminal justice services, the office of children and family\\nservices shall promptly notify the authorized agency or other state\\nagency that:\\n (1) Notwithstanding any other provision of law to the contrary, an\\napplication for certification or approval of a prospective foster parent\\nor prospective adoptive parent shall be denied and, in the event of\\ndeath or incapacity of a relative guardian, an agreement to provide\\npayments to a prospective successor guardian pursuant to title ten of\\nthis article shall not be approved pursuant to subparagraph (ii) of\\nparagraph (b) of subdivision five of section four hundred fifty-eight-b\\nof this article, as applicable, where a criminal history record of the\\nprospective foster parent, prospective adoptive parent or prospective\\nsuccessor guardian, as applicable, reveals a conviction for:\\n (A) a felony conviction at any time involving: (i) child abuse or\\nneglect; (ii) spousal abuse; (iii) a crime against a child, including\\nchild pornography; or (iv) a crime involving violence, including rape,\\nsexual assault, or homicide, other than a crime involving physical\\nassault or battery; or\\n (B) a felony conviction within the past five years for physical\\nassault, battery, or a drug-related offense, unless such offense is\\neligible for expungement pursuant to section 160.50 of the criminal\\nprocedure law; or\\n (2) Notwithstanding any other provision of law to the contrary, a\\nfinal determination of an application for certification or approval of a\\nprospective foster parent or prospective adoptive parent and, in\\nrelation to prospective successor guardians, approval pursuant to\\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\\nhundred fifty-eight-b of this article shall be held in abeyance whenever\\nthe criminal history record of the prospective foster parent,\\nprospective adoptive parent or prospective successor guardian, as\\napplicable, reveals:\\n (A) a charge for a crime set forth in subparagraph one of this\\nparagraph which has not been finally resolved; or\\n (B) a felony conviction that may be for a crime set forth in\\nsubparagraph one of this paragraph. An authorized agency may proceed\\nwith a determination of such application, in a manner consistent with\\nthis subdivision, only upon receiving subsequent notification from the\\noffice of children and family services regarding the status of such\\ncharge or the nature of such conviction; or\\n (3) consistent with the provisions of article twenty-three-A of the\\ncorrection law, an application for certification or approval of a\\nprospective foster parent or prospective adoptive parent may be denied,\\nan agreement to provide payments to a prospective successor guardian\\npursuant to title ten of this article may not be approved pursuant to\\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\\nhundred fifty-eight-b of this article, as applicable, where:\\n (A) a criminal history record of the prospective foster parent,\\nprospective adoptive parent or prospective successor guardian reveals a\\ncharge or a conviction of a crime other than one set forth in\\nsubparagraph one of this paragraph; or\\n (B) a criminal history record of any other person over the age of\\neighteen who resides in the home of the prospective foster parent,\\nprospective adoptive parent or prospective successor guardian reveals a\\ncharge or a conviction of any crime; or\\n (4) Notwithstanding any other provision of law to the contrary, an\\napplication for renewal of the certification or approval of a foster\\nparent submitted on or after October first, two thousand eight shall be\\ndenied based on the conviction of the foster parent of a crime set forth\\nin subparagraph one of this paragraph where such conviction occurred on\\nor after October first, two thousand eight; or\\n (5) Notwithstanding any other provision of law to the contrary, the\\ncertification or approval of a foster parent, or the approval of an\\nadoptive parent who has not completed the adoption process, shall be\\nrevoked based on the conviction of the foster parent or the adoptive\\nparent of a crime set forth in subparagraph one of this paragraph; or\\n (6) the prospective foster parent, prospective adoptive parent or\\nprospective successor guardian and any person over the age of eighteen\\nwho is residing in the home of the prospective foster parent,\\nprospective adoptive parent or prospective successor guardian has no\\ncriminal history record.\\n (f) Except as otherwise set forth in this paragraph, any notification\\nby the office of children and family services pursuant to paragraph (e)\\nof this subdivision shall include a summary of the criminal history\\nrecord provided by the division of criminal justice services, including,\\nbut not limited to, the specific crime or crimes for which the\\nprospective foster parent or parents, adoptive parent or parents or\\nprospective successor guardian or guardians or any adults over the age\\nof eighteen living in the home have been charged or convicted, as\\napplicable. When responding to an inquiry from a voluntary authorized\\nagency or other non-public agency with respect to the results of a\\nnational criminal history check performed by the federal bureau of\\ninvestigation, the office of children and family services shall advise\\nthe voluntary authorized agency or other non-public agency of the\\ncategory or categories of crime or crimes and shall not provide the\\nvoluntary authorized agency or other non-public agency with the specific\\ncrime or crimes absent the written consent of the person for whom the\\nnational criminal history check was performed.\\n (g) When an authorized agency has denied an application or approval in\\naccordance with the provisions of paragraph (e) of this subdivision, the\\nauthorized agency shall provide to the applicant a written statement\\nsetting forth the reasons for such denial, including, as authorized by\\nparagraph (f) of this subdivision, the summary of the criminal history\\nrecord provided to the authorized agency by the office of children and\\nfamily services. The authorized agency shall also provide a description\\nof the division of criminal justice services' record review process and\\nany remedial processes provided by the office of children and family\\nservices to any prospective foster parent, prospective adoptive parent\\nor prospective successor guardian. If the applicant is disqualified\\nunder item (ii) of clause (A) of subparagraph one of paragraph (e) of\\nthis subdivision, then the applicant may apply for relief from the\\nmandatory disqualification based on the grounds that the offense was not\\nspousal abuse as that term is defined in paragraph (j) of this\\nsubdivision.\\n (h) Where a criminal history record of the certified or approved\\nfoster parent, prospective adoptive parent or of any other person over\\nthe age of eighteen who resides in the home of the certified or approved\\nfoster parent or prospective adoptive parent reveals a charge or\\nconviction of any crime, the authorized agency shall perform a safety\\nassessment of the conditions in the household. Such assessment shall\\ninclude: whether the subject of the charge or conviction resides in the\\nhousehold; the extent to which such person may have contact with foster\\nchildren or other children residing in the household; and the status,\\ndate and nature of the criminal charge or conviction. The authorized\\nagency shall thereafter take all appropriate steps to protect the health\\nand safety of such child or children, including, when appropriate, the\\nremoval of any foster child or children from the home. Where the\\nauthorized agency denies the application or revokes the approval or\\ncertification of the foster parent or the prospective adoptive parent in\\naccordance with the standards set forth in paragraph (e) of this\\nsubdivision, such authorized agency shall remove any foster child or\\nchildren from the home of the foster parent or the prospective adoptive\\nparent.\\n (i) Any criminal history record provided by the division of criminal\\njustice services, and any summary of the criminal history record\\nprovided by the office of children and family services to an authorized\\nagency pursuant to this subdivision, is confidential and shall not be\\navailable for public inspection; provided, however, nothing herein shall\\nprevent an authorized agency, the office of children and family services\\nor other state agency referenced in paragraph (a) of this subdivision\\nfrom disclosing criminal history information to any administrative or\\njudicial proceeding relating to the denial or revocation of a\\ncertification or approval of a foster parent or an adoptive parent or\\nthe removal of the foster child from the home or the failure to approve\\na prospective successor guardian pursuant to subparagraph (ii) of\\nparagraph (b) of subdivision five of section four hundred fifty-eight-b\\nof this article or the termination of an agreement for payments pursuant\\nto title ten of this article that is made in accordance with paragraph\\n(h) of subdivision four of section four hundred fifty-eight-b of this\\narticle. Where there is a pending court case, the authorized agency\\nwhich received the criminal history record summary from the office of\\nchildren and family services, shall provide a copy of such summary to\\nthe family court or surrogate's court.\\n (j) For the purposes of this subdivision \"spousal abuse\" is an offense\\ndefined in section 120.05, 120.10, 121.12 or 121.13 of the penal law\\nwhere the victim of such offense was the defendant's spouse; provided,\\nhowever, spousal abuse shall not include a crime in which the\\nprospective foster parent, prospective adoptive parent or prospective\\nsuccessor guardian, who was the defendant, has received notice pursuant\\nto paragraph (g) of this subdivision and the office of children and\\nfamily services finds after a fair hearing held pursuant to section\\ntwenty-two of this chapter, that he or she was the victim of physical,\\nsexual or psychological abuse by the victim of such offense and such\\nabuse was a factor in causing the prospective foster parent, prospective\\nadoptive parent or prospective successor guardian to commit such\\noffense.\\n (k) The office of children and family services shall inform the\\ndivision of criminal justice services when a person is no longer\\ncertified or approved as a foster parent or is no longer a prospective\\nadoptive parent so that the division of criminal justice services may\\nterminate its retain processing with regard to such person and any\\nperson over the age of eighteen who is residing in the home of the\\nfoster parent or prospective adoptive parent. At least once a year, the\\noffice of children and family services will be required to conduct a\\nvalidation of the records maintained by the division of criminal justice\\nservices.\\n (l) The office of children and family services, in consultation with\\nthe division of criminal justice services, shall promulgate regulations\\nfor the purpose of implementing the provisions of this subdivision\\nrelating to the standards for the certification or approval of foster\\nparents or adoptive parents.\\n (m)(1) The office of children and family services shall not release\\nthe content of the results of the nationwide criminal history record\\ncheck conducted by the federal bureau of investigation in accordance\\nwith this subdivision to an authorized agency, as defined in paragraphs\\n(a) or (c) of subdivision ten of section three hundred seventy-one of\\nthis title.\\n (2) For any application made to such an authorized agency under this\\nsubdivision, the office of children and family services shall:\\n (A) review and evaluate the results of the nationwide criminal history\\nrecord check of the prospective foster parent, prospective adoptive\\nparent and any other person over the age of eighteen who resides in the\\nhome of such applicant in accordance with the standards set forth in\\nparagraph (e) of this subdivision relating to mandatory disqualifying\\nconvictions, hold in abeyance charges or convictions, and discretionary\\ncharges and convictions; and\\n (B) based on the results of the nationwide criminal history record\\ncheck, inform such authorized agency that the application for\\ncertification or approval of the prospective foster parent or the\\nprospective adoptive parent either: (i) must be denied; (ii) must be\\nheld in abeyance pending subsequent notification from the office of\\nchildren and family services; or (iii) that the office of children and\\nfamily services has no objection, solely based on the nationwide\\ncriminal history record check, for the authorized agency to proceed with\\na determination on such application based on the standards for\\ncertification or approval of a prospective foster parent or prospective\\nadoptive parent, as set forth in the regulations of the office of\\nchildren and family services.\\n (3) Where the office of children and family services directs the\\nauthorized agency to deny the application of a prospective foster parent\\nor a prospective adoptive parent in accordance with this paragraph, the\\noffice of children and family services shall also notify the prospective\\nfoster parent, prospective adoptive parent or other person over the age\\nof eighteen who resided in the home of the applicant whose criminal\\nhistory was the basis for the denial and shall provide such prospective\\nfoster parent, prospective adoptive parent or other person a copy of the\\nresults of the nationwide criminal history record check upon which such\\ndenial was based and a written statement setting forth the reasons for\\nsuch denial. If the applicant is disqualified under item (ii) of clause\\n(A) of subparagraph one of paragraph (e) of this subdivision, then the\\napplicant may apply for relief from the mandatory disqualification based\\non the grounds that the offense was not spousal abuse as that term is\\ndefined in paragraph (j) of this subdivision.\\n (4) This paragraph does not apply to nationwide criminal history\\nrecord checks conducted by the federal bureau of investigation on behalf\\nof state agencies or authorized agencies, as defined in paragraph (b) of\\nsubdivision ten of section three hundred seventy-one of this title, or\\nto the results of statewide criminal history record checks conducted by\\nthe division of criminal justice services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "379", "title" : "Revocation of certificates and licenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "379", "activeDate" : "2014-09-22", "sequenceNo" : 481, "repealedDate" : null, "fromSection" : "379", "toSection" : "379", "text" : " § 379. Revocation of certificates and licenses. 1. A certificate or\\nlicense to receive, board or keep any child and/or minor under the age\\nof eighteen years may be revoked for cause by the authorized agency or\\nthe commissioner of social services by which it was issued and any such\\ncertificate or license to receive, board or keep any child may be\\nrevoked for cause by the commissioner.\\n 2. An agency revoking any such certificate and a commissioner of\\nsocial services revoking any such license shall notify the department of\\nsuch revocation at once.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "380", "title" : "Boarding and free homes; records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "380", "activeDate" : "2014-09-22", "sequenceNo" : 482, "repealedDate" : null, "fromSection" : "380", "toSection" : "380", "text" : " § 380. Boarding and free homes; records. Every person who receives,\\nboards or keeps a child and/or minor under a license or certificate\\nshall keep a record in a register to be provided by the department\\nshowing the name, date of birth and religious faith of each child and/or\\nminor received, the names and addresses of his parents or guardian or of\\nthe authorized agency from whom received and of the person by whom\\nplaced and by whom removed, the dates of reception and removal and such\\nother information as may be required by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "381", "title" : "Maternity homes; records and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "381", "activeDate" : "2014-09-22", "sequenceNo" : 483, "repealedDate" : null, "fromSection" : "381", "toSection" : "381", "text" : " § 381. Maternity homes; records and reports. Every hospital or\\nlying-in asylum whether incorporated or unincorporated where women or\\ngirls may be received, cared for or treated during pregnancy or during\\nor after delivery and every person licensed to carry on like work under\\nthe provisions of article twenty-eight of the public health law shall\\nkeep a record showing the full and true name and address including\\nstreet and number, if any, of every such woman or girl and of each child\\nof such woman or girl received, admitted or born on the premises, the\\nfull and true names and addresses and the religious faith of the parents\\nof every such child, the dates of reception, admission or birth and of\\ndischarge or departure of each such woman, girl or child, the full and\\ntrue names and addresses of the person or persons by whom any such child\\nis removed or taken away, the amount paid for the care of any such\\nwoman, girl or child and the full and true names and addresses of the\\nperson or persons making such payment or payments; and shall keep such\\nfurther record as may be required by regulations of the department. The\\ndepartment may, through its authorized agents and employees, at all\\nreasonable times, inspect and examine such records and may require from\\nsuch licensed person or from such hospital and its directors, officers,\\ntrustees, employees, manager, superintendent, owner or other person\\nresponsible for its operation, all information in their possession with\\nreference to any such child not taken away or removed from such hospital\\nby his parents or parent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "382", "title" : "Responsibility for children without state residence; license and board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "382", "activeDate" : "2014-09-22", "sequenceNo" : 484, "repealedDate" : null, "fromSection" : "382", "toSection" : "382", "text" : " § 382. Responsibility for children without state residence; license\\nand board. 1. Any person, institution, corporation or agency which\\nshall bring, or cause to be brought, into the state of New York any\\nchild not having a state residence, or which shall receive or accept any\\nchild from outside of the state of New York, not having state residence,\\nshall be responsible for the care and maintenance of such child whether\\nplaced out, boarded out or otherwise cared for unless adopted by foster\\nparents. Such responsibility shall continue during the minority of such\\nchild and thereafter until he is self-supporting.\\n 2. (a) It shall be unlawful for any person, agency, association,\\ncorporation, society, institution or other organization, except an\\nauthorized agency, to bring, send or cause to be brought or sent into\\nthe state of New York any child for the purpose of placing or boarding\\nsuch child or procuring the placing of such child, by adoption,\\nguardianship, or otherwise, in a family, a home or institution, except\\nwith an authorized agency, in this state, without first obtaining a\\nlicense from the department.\\n (b) This subdivision shall not apply to a sending agency, as defined\\nin article two of section three hundred seventy-four-a of this title,\\nwhich is located in a state which is a party to the interstate compact\\non the placement of children, provided, however, that all persons who\\nreside in such a state, except officers or employees of the state or a\\nsubdivision thereof who are acting in their official capacity, shall\\ncomply with the provisions of this section.\\n (c) This section shall not apply to and shall not restrict or limit\\nthe right of a parent, legal guardian, or relative within the second\\ndegree of a child from bringing or sending the child or causing the\\nchild to be brought or sent, into the state of New York for the purpose\\nof placing out or boarding out the child.\\n 3. Application for a license shall be submitted on a form approved\\nand provided by the department and be accompanied by proof that the\\napplicant holds a license, or is approved by the department or similar\\nbody in the state where the applicant resides, or where its chief office\\nis located, or where it has its place of business.\\n 4. Before bringing, sending, or causing to be brought or sent into\\nthis state any child, the person, agency, association, corporation,\\nsociety, institution or other organization, duly licensed as provided in\\nthis section must furnish the department a blanket indemnity bond of a\\nreputable surety company in favor of the state in the penal sum of not\\nless than ten thousand dollars. Such bond must be approved as to form\\nand sufficiency by the department and conditioned as follows:\\n That such licensee (a) will report to the department immediately the\\nname of each such child, its age, the name of the state, and city, town,\\nborough or village, or the name of the country from which such child\\ncame, the religious faith of the parents of the child, the full name and\\nlast residence of its parent or parents, the name of the custodian from\\nwhom it is taken, and the name and residence of the person or authorized\\nagency with whom it is placed or boarded, released or surrendered, or to\\nwhom adoption or guardianship is granted, and the death of such child or\\nany reboarding, replacement or other disposition;\\n (b) will remove from the state within thirty days after written\\nnotice is given any such child becoming a public charge during his\\nminority;\\n (c) will remove from the state immediately upon its release any such\\nchild who within three years from the time of its arrival within the\\nstate is committed to an institution or prison as a result of conviction\\nfor juvenile delinquency or crime;\\n (d) will place or cause to be placed or board or cause to be boarded\\nsuch child under agreement which will secure to such child a proper\\nhome, and will make the person so receiving such child responsible for\\nits proper care, education and training;\\n (e) will comply with section three hundred seventy-three;\\n (f) will supervise the care and training of such child and cause it\\nto be visited at least annually by a responsible agent of the licensee;\\nand\\n (g) will make to the department such reports as it from time to time\\nmay require.\\n 5. In the event of the failure of such licensee to comply with the\\nsecond and third conditions of the bond hereinbefore mentioned, and to\\nremove, after thirty days' notice so to do, a child becoming a public\\ncharge, such portion of the bond shall be forfeited to the state or the\\ncounty or municipality thereof as shall equal the sum which shall have\\nbeen expended by the state or such county or municipality thereof for\\nthe care or maintenance or in the prosecution of such child or for its\\nreturn to the licensee.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "383", "title" : "Care and custody of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "383", "activeDate" : "2014-09-22", "sequenceNo" : 485, "repealedDate" : null, "fromSection" : "383", "toSection" : "383", "text" : " § 383. Care and custody of children. 1. The parent of a child remanded\\nor committed to an authorized agency shall not be entitled to the\\ncustody thereof, except upon consent of the court, public board,\\ncommission, or official responsible for the commitment of such child, or\\nin pursuance of an order of a court or judicial officer of competent\\njurisdiction, determining that the interest of such child will be\\npromoted thereby and that such parent is fit, competent and able to duly\\nmaintain, support and educate such child. The name of such child shall\\nnot be changed while in the custody of an authorized agency.\\n 2. The custody of a child placed out or boarded out and not legally\\nadopted or for whom legal guardianship has not been granted shall be\\nvested during his minority, or until discharged by such authorized\\nagency from its care and supervision, in the authorized agency placing\\nout or boarding out such child and any such authorized agency may in its\\ndiscretion remove such child from the home where placed or boarded.\\n 3. Any adult husband and his adult wife and any adult unmarried\\nperson, who, as foster parent or parents, have cared for a child\\ncontinuously for a period of twelve months or more, may apply to such\\nauthorized agency for the placement of said child with them for the\\npurpose of adoption, and if said child is eligible for adoption, the\\nagency shall give preference and first consideration to their\\napplication over all other applications for adoption placements.\\nHowever, final determination of the propriety of said adoption of such\\nfoster child shall be within the sole discretion of the court, as\\notherwise provided herein.\\n Foster parents having had continuous care of a child, for more than\\ntwelve months, through an authorized agency, shall be permitted as a\\nmatter of right, as an interested party to intervene in any proceeding\\ninvolving the custody of the child. Such intervention may be made\\nanonymously or in the true name of said foster parents.\\n 4. An adult married person who has executed a legally enforceable\\nseparation agreement or is a party to a marriage in which a valid decree\\nof separation has been entered and who becomes or has been the custodian\\nof a child placed in their care as a result of court ordered foster care\\nmay apply to such authorized agency for placement of said child with\\nthem for the purpose of adoption. Applications filed pursuant to this\\nsubdivision by persons who, as foster parents, have cared for a child\\ncontinuously for a period of twelve months or more shall be entitled to\\nthe same consideration and preference as are given to applications filed\\npursuant to subdivision three of this section. Final determination of\\nthe propriety of said adoption of such foster child, however, shall be\\nwithin the sole discretion of the court, as otherwise provided herein.\\n 5. Any proceeding brought in connection with the provisions of this\\nsection shall have preference over all other causes in all courts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "383-A", "title" : "Immunity from liability for application of the reasonable and prudent parent standard", "docType" : "SECTION", "publishedDates" : [ "2016-04-08", "2021-04-23", "2021-10-01", "2021-11-12" ], "docLevelId" : "383-A", "activeDate" : "2021-11-12", "sequenceNo" : 486, "repealedDate" : null, "fromSection" : "383-A", "toSection" : "383-A", "text" : " § 383-a. Immunity from liability for application of the reasonable and\\nprudent parent standard. 1. Legislative intent. It is the intent of the\\nlegislature to promote a safe and nurturing environment for children in\\nfoster care that, among other things, allows them to engage in age and\\ndevelopmentally appropriate activities with their peers. It is also the\\nintent of the legislature to encourage caregivers to allow foster\\nchildren to participate in such activities by providing training,\\nguidance, and appropriate liability protections when caregivers make\\nreasonable and prudent decisions with regard to such activities. It is\\nnot the intent of the legislature to relieve caregivers or any other\\nperson of any duty or responsibility owed to a foster child.\\n 2. Definitions. As used in this section, the following terms shall\\nhave the following meanings:\\n (a) \"Caregiver\" shall mean the following person or entity at the time\\nthat such person or entity was responsible for the care of the foster\\nchild or children:\\n (i) a foster parent who has been trained in the reasonable and prudent\\nparent standard in accordance with 42 U.S.C. 671 as amended by P.L.\\n113-183 and the regulations of the office of children and family\\nservices; or\\n (ii) the employee of a child care facility operated by an authorized\\nagency that is designated to apply the reasonable and prudent parent\\nstandard who has been trained in the reasonable and prudent parent\\nstandard in accordance with 42 U.S.C. 671 as amended by P.L. 113-183 and\\nthe regulations of the office of children and family services.\\n (b) \"Child\" shall mean a child who is in foster care or who was in\\nfoster care at the time the reasonable and prudent parent standard was\\napplied.\\n (c) \"Child care facility\" shall mean an institution, group residence,\\ngroup home, agency operated boarding home, or supervised setting,\\nincluding a supervised independent living program.\\n (d) \"Reasonable and prudent parent standard\" shall mean, in accordance\\nwith 42 U.S.C. 675 as amended by P.L. 113-183, the standard\\ncharacterized by careful and sensible parental decisions that maintain\\nthe health, safety, and best interests of a child while at the same time\\nencouraging the emotional and developmental growth of the child that a\\ncaregiver shall use when determining whether to allow a child in foster\\ncare to participate in extracurricular, enrichment, cultural or social\\nactivities.\\n (e) \"Age or developmentally-appropriate\" shall mean:\\n (i) activities or items that are generally accepted as suitable for\\nchildren of the same chronological age or level of maturity or that are\\ndetermined to be developmentally-appropriate for a child, based on the\\ndevelopment of cognitive, emotional, physical, and behavioral capacities\\nthat are typical for an age or age group; and\\n (ii) in the case of a specific child, activities or items that are\\nsuitable for the child based on the developmental stage attained by the\\nchild with respect to the cognitive, emotional, physical, and behavioral\\ncapacities of the child.\\n 3. Caregivers shall apply the reasonable and prudent parent standard\\nwhen deciding whether or not to allow a child in foster care to\\nparticipate in age or developmentally appropriate extracurricular,\\nenrichment, cultural, or social activities. Where such decisions require\\nthe input or permission of a local department of social services or a\\nvoluntary authorized agency, such department or agency shall also apply\\nthe reasonable and prudent parent standard in making a decision about\\nparticipation in such activities.\\n 4. Whether or not a caregiver is liable for injuries to the child that\\noccur as a result of participation in age or developmentally appropriate\\nextracurricular, enrichment, cultural, or social activities shall be\\ndetermined based upon whether such decision to allow participation was\\nmade in compliance with the standard defined in paragraph (d) of\\nsubdivision two of this section and any other factors as required by\\nlaw. Where such child is injured as a result of the decision to allow\\nparticipation in such activities, a caregiver shall not be liable for\\nsuch injuries if the decision to allow such participation was made in\\ncompliance with the reasonable and prudent parent standard as set forth\\nherein. Provided however nothing in this section shall otherwise limit\\nthe ability of a child to bring an action against a caregiver or any\\nother party whose acts or omissions result in injury to such child.\\nWhere a local department of social services or voluntary authorized\\nagency has made or been involved in the decisions under subdivision\\nthree of this section, the liability standards for caregivers shall\\napply to such district or agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "383-B", "title" : "Medical treatment for abused, neglected and destitute children; consent of commissioners", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "383-B", "activeDate" : "2014-09-22", "sequenceNo" : 487, "repealedDate" : null, "fromSection" : "383-B", "toSection" : "383-B", "text" : " § 383-b. Medical treatment for abused, neglected and destitute\\nchildren; consent of commissioners. The local commissioner of social\\nservices or the local commissioner of health may give effective consent\\nfor medical, dental, health and hospital services for any child who has\\nbeen found by the family court to be an abused, neglected or destitute\\nchild, or who has been taken into or kept in protective custody or\\nremoved from the place where he or she is residing, or who has been\\nplaced in the custody of such commissioner, pursuant to section four\\nhundred seventeen of this article or section one thousand twenty-two,\\nsection one thousand twenty-four, section one thousand twenty-seven,\\nsection one thousand ninety-four or section one thousand ninety-five of\\nthe family court act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "383-C", "title" : "Guardianship and custody of children in foster care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2018-01-26", "2023-01-06" ], "docLevelId" : "383-C", "activeDate" : "2023-01-06", "sequenceNo" : 488, "repealedDate" : null, "fromSection" : "383-C", "toSection" : "383-C", "text" : " § 383-c. Guardianship and custody of children in foster care. 1.\\nMethod. For the purposes of this section, a child in foster care shall\\nmean a child in the care and custody of an authorized agency pursuant to\\nsection three hundred eighty-four-a of this title or article three,\\nseven or ten of the family court act. The guardianship of the person and\\nthe custody of a child in foster care under the age of eighteen years\\nmay be committed to an authorized agency by a written instrument which\\nshall be known as a surrender, and signed:\\n (a) if both parents shall then be living, by the parents of such\\nchild, or by the surviving parent, if either parent of such child be\\ndead;\\n (b) if either one of such parents shall have for a period of six\\nmonths then next preceding abandoned such child as set forth in section\\nthree hundred eighty-four-b of this title, by the other of such parents;\\n (c) if such child is born out of wedlock, by the mother of such child,\\nand by the father of such child, if such father's consent would be\\nrequired for the child's adoption, pursuant to section one hundred\\neleven of the domestic relations law;\\n (d) if both parents of such child are dead, or if such child is born\\nout of wedlock and the mother of such child is dead, by the guardian of\\nthe person of such child lawfully appointed, with the approval of the\\ncourt or officer which appointed such guardian to be entered of record.\\n 2. Terms. (a) Such guardianship shall be in accordance with the\\nprovisions of this article and the instrument shall be upon such terms\\nand subject to such conditions as may be agreed upon by the parties\\nthereto and shall comply with subdivision five of this section;\\nprovided, however, that an authorized agency shall not accept a\\nsurrender instrument conditioned upon adoption by a particular person,\\nunless such person is a certified or approved foster parent, where the\\npermanency plan for the child is for the child to be adopted by that\\nperson or the agency has fully investigated and approved such person as\\nan adoptive parent in accordance with applicable statute and\\nregulations. No such agency shall draw or receive money from public\\nfunds for the support of any such child except upon the written order or\\npermit of the social services official of the county or city sought to\\nbe charged with the support of such child.\\n (b) If a surrender instrument designates a particular person or\\npersons who will adopt a child, such person or persons, the child's\\nbirth parent or parents, the authorized agency having care and custody\\nof the child and the child's attorney, may enter into a written\\nagreement providing for communication or contact between the child and\\nthe child's parent or parents on such terms and conditions as may be\\nagreed to by the parties. If a surrender instrument does not designate\\na particular person or persons who will adopt the child, then the\\nchild's birth parent or parents, the authorized agency having care and\\ncustody of the child and the child's attorney may enter into a written\\nagreement providing for communication or contact, on such terms and\\nconditions as may be agreed to by the parties. Such agreement also may\\nprovide terms and conditions for communication with or contact between\\nthe child and the child's biological siblings or half-siblings, if any.\\nIf any such sibling or half-sibling is fourteen years of age or older,\\nsuch terms and conditions shall not be enforceable unless such sibling\\nor half-sibling consents to the agreement in writing. If the court\\nbefore which the surrender instrument is presented for approval\\ndetermines that the agreement concerning communication and contact is in\\nthe child's best interests, the court shall approve the agreement. If\\nthe court does not approve the agreement, the court may nonetheless\\napprove the surrender; provided, however, that the birth parent or\\nparents executing the surrender instrument shall be given the\\nopportunity at that time to withdraw such instrument. Enforcement of any\\nagreement prior to the adoption of the child shall be in accordance with\\nsubdivision (b) of section one thousand fifty-five-a of the family court\\nact. Subsequent to the adoption of the child, enforcement of any\\nagreement shall be in accordance with section one hundred twelve-b of\\nthe domestic relations law.\\n 3. Judicial surrenders. (a) A surrender of a child to an authorized\\nagency for the purpose of adoption may be executed and acknowledged\\nbefore a judge of the family court or a surrogate in this state. If the\\nchild being surrendered is in foster care as a result of a proceeding\\nbefore the family court pursuant to article ten or ten-A of the family\\ncourt act or section three hundred fifty-eight-a of this chapter, the\\nsurrender shall be executed and acknowledged before the family court\\nthat exercised jurisdiction over such proceeding and, shall be assigned,\\nwherever practicable, to the judge who last presided over such\\nproceeding. A surrender executed and acknowledged before a court in\\nanother state shall satisfy the requirements of this section if it is\\nexecuted by a resident of the other state before a court of record which\\nhas jurisdiction over adoption proceedings in that state, and a\\ncertified copy of the transcript of that proceeding, showing compliance\\nwith paragraph (b) of this subdivision, is filed as part of the adoption\\nproceeding in this state.\\n (b) Before a judge or surrogate approves a judicial surrender, the\\njudge or surrogate may order that notice of the surrender proceeding be\\ngiven to such persons as the judge or surrogate may, in his or her\\ndiscretion, prescribe. At the time that a parent appears before a judge\\nor surrogate to execute and acknowledge a surrender, the judge or\\nsurrogate shall inform such parent of the right to be represented by\\nlegal counsel of the parent's own choosing and of the right to obtain\\nsupportive counseling and of any right to have counsel assigned pursuant\\nto section two hundred sixty-two of the family court act, section four\\nhundred seven of the surrogate's court procedure act, or section\\nthirty-five of the judiciary law. The judge or surrogate also shall\\ninform the parent of the consequences of such surrender, including\\ninforming such parent that the parent is giving up all rights to have\\ncustody, visit with, speak with, write to or learn about the child,\\nforever, unless the parties have agreed to different terms pursuant to\\nsubdivision two of this section, or, if the parent registers with the\\nadoption information register, as specified in section forty-one hundred\\nthirty-eight-d of the public health law, that the parent may be\\ncontacted at any time after the child reaches the age of eighteen years,\\nbut only if both the parent and the adult child so choose. The court\\nshall determine whether the terms and conditions agreed to by the\\nparties pursuant to subdivision two of this section are in the child's\\nbest interests before approving the surrender. The judge or surrogate\\nshall inform the parent that where a surrender containing conditions has\\nbeen executed, the parent is obligated to provide the authorized agency\\nwith a designated mailing address, as well as any subsequent changes in\\nsuch address, at which the parent may receive notices regarding any\\nsubstantial failure of a material condition, unless such notification is\\nexpressly waived by a statement written by the parent and appended to or\\nincluded in such instrument. The judge or surrogate also shall inform\\nthe parent that the surrender shall become final and irrevocable\\nimmediately upon its execution and acknowledgment. The judge or\\nsurrogate shall give the parent a copy of such surrender upon the\\nexecution thereof.\\n 4. Extra-judicial surrenders. (a) In any case where a surrender is not\\nexecuted and acknowledged before a judge or surrogate pursuant to\\nsubdivision three of this section, such surrender shall be executed and\\nacknowledged by the parent, in the presence of at least two witnesses,\\nbefore a notary public or other officer authorized to take proof of\\ndeeds. At least one witness shall be an employee of an authorized agency\\ntrained, in accordance with the regulations of the department of\\nchildren and family services, to receive surrenders. At least one\\nwitness shall be a person who is either a licensed master social worker,\\nlicensed clinical social worker or an attorney and who is not an\\nemployee, volunteer, consultant or agent of or attorney for the\\nauthorized agency to which the child is being surrendered. The\\ncommissioner of the office of children and family services, after\\nconsultation with the chief administrator of the courts, shall\\npromulgate standards to help ensure the impartial selection and\\nindependence of such witnesses. Any witness may, if so commissioned,\\nserve as notary under this subdivision.\\n (b) The authorized agency to which the child was surrendered shall\\nfile an application for approval of the extra-judicial surrender with\\nthe court in which the adoption proceeding is expected to be filed or,\\nif not known, the family or surrogate's court in the county in which the\\nagency has its principal office. If the child being surrendered is in\\nfoster care as a result of a proceeding before the family court pursuant\\nto article ten or ten-A of the family court act or section three hundred\\nfifty-eight-a of this chapter, the application shall be filed in the\\nfamily court that exercised jurisdiction over such proceeding and, shall\\nbe assigned, wherever practicable, to the judge who last presided over\\nsuch proceeding. The application shall be filed no later than fifteen\\ndays after execution of such surrender. The application shall be\\naccompanied by affidavits from all the witnesses before whom the\\nsurrender was executed and acknowledged as provided for in paragraph (a)\\nof this subdivision, stating:\\n (i) the date, time and place where the surrender was executed and\\nacknowledged;\\n (ii) that the parent was provided with a copy of the surrender;\\n (iii) that the surrender was read in full to the parent in his or her\\nprincipal language and the parent was given an opportunity to ask\\nquestions and obtain answers regarding the nature and consequences of\\nthe surrender, including the consequences of, and procedures to be\\nfollowed in, cases of a substantial failure of a material condition, if\\nany, contained in the surrender instrument and the obligation to provide\\nthe authorized agency with a designated mailing address, as well as any\\nsubsequent changes in such address, at which the parent may receive\\nnotices regarding any substantial failure of a material condition,\\nunless such notification is expressly waived by a statement written by\\nthe parent and appended to or included in such instrument; and\\n (iv) that the parent executed and acknowledged the surrender.\\n (c) The authorized agency to which a child is surrendered pursuant to\\nthis subdivision must affix an affidavit to the application, by an\\nemployee responsible for providing or arranging supportive counseling,\\nwhich specifies:\\n (i) when supportive counseling was offered to the parent by the\\nauthorized agency;\\n (ii) whether the parent accepted the offer of supportive counseling;\\nand\\n (iii) if accepted, when supportive counseling was provided and the\\nnature of such supportive counseling.\\n (d) Before a judge or surrogate approves an extra-judicial surrender,\\nthe judge or surrogate shall order notice to be given to the person who\\nexecuted the surrender and to such other persons as the judge or\\nsurrogate may, in his or her discretion, prescribe. No person who has\\nreceived such notice and been afforded an opportunity to be heard may\\nchallenge the validity of a surrender approved pursuant to this\\nsubdivision in any other proceeding. Nothing in this section shall be\\ndeemed to dispense with the consent to adopt if otherwise required of\\nany person who has not executed the surrender.\\n (e) The agency to which the child is surrendered promptly shall notify\\nsuch court of any correspondence or communication received from the\\nparent or a person on the parent's behalf subsequent to the execution of\\nthe surrender and prior to a final order of adoption of the child, if\\nsuch correspondence or communication could reasonably indicate the\\nparent's wish to revoke the surrender.\\n (f) The court shall enter an order either approving or disapproving\\nthe surrender. If the court disapproves the surrender, the surrender\\nshall be deemed a nullity and without force or effect, and the court may\\ndirect that any subsequent surrender shall be executed only before the\\ncourt in accordance with subdivision three of this section.\\n 5. Instrument. (a) There shall be a form of instrument for a judicial\\nsurrender and a form of instrument for an extra-judicial surrender.\\n (b) The instrument for a judicial surrender and the instrument for an\\nextra-judicial surrender shall be in a form prescribed by the\\ncommissioner after consultation with the chief administrator of the\\ncourts and shall state in plain language in conspicuous bold print on\\nthe first page:\\n (i) that the parent has the right, before signing the surrender, to\\nspeak to a lawyer of her or his own choosing and any other person she or\\nhe wishes; to have that lawyer and any other person present with her or\\nhim at the time of the signing of the surrender; and has the right to\\nask the court to appoint a lawyer free of charge if the parent cannot\\nafford to hire one; and has the right to have supportive counseling;\\n (ii) that the parent is giving up all rights to have custody, visit\\nwith, speak with, write to or learn about the child, forever, unless the\\nparties have agreed to different terms pursuant to subdivision two of\\nthis section, and unless such terms are written in the surrender, or, if\\nthe parent registers with the adoption information register, as\\nspecified in section forty-one hundred thirty-eight-d of the public\\nhealth law, that the parent may be contacted at anytime after the child\\nreaches the age of eighteen years, but only if both the parent and the\\nadult child so choose;\\n (iii) that the child will be adopted without the parent's consent and\\nwithout further notice to the parent, and will be adopted by any person\\nthat the agency chooses, unless the surrender paper contains the name of\\nthe person or persons who will be adopting the child; and\\n (iv) that the parent cannot be forced to sign the surrender paper, and\\ncannot be punished if he or she does not sign the paper; and would not\\nbe subject to any penalty for refusing to sign the surrender.\\n (c) A surrender instrument for a judicial surrender also shall state\\nin plain language in conspicuous bold print at the beginning thereof\\nthat the surrender becomes final and irrevocable immediately upon\\nexecution and acknowledgement, and that the parent cannot bring a case\\nin court to revoke the surrender or to regain custody of the child.\\nWhere the parties have agreed that the surrender shall be subject to\\nconditions pursuant to subdivision two of this section, the instrument\\nshall further state in plain language that:\\n (i) the authorized agency shall notify the parent, unless such notice\\nis expressly waived by a statement written by the parent and appended to\\nor included in such instrument, the attorney for the child and the court\\nthat approved the surrender within twenty days of any substantial\\nfailure of a material condition of the surrender prior to the\\nfinalization of the adoption of the child; and\\n (ii) except for good cause shown, the authorized agency shall file a\\npetition on notice to the parent unless notice is expressly waived by a\\nstatement written by the parent and appended to or included in such\\ninstrument and the child's attorney in accordance with section one\\nthousand fifty-five-a of the family court act within thirty days of such\\nfailure, in order for the court to review such failure and, where\\nnecessary, to hold a hearing; provided, however, that, in the absence of\\nsuch filing, the parent and/or attorney for the child may file such a\\npetition at any time up to sixty days after notification of the failure.\\nSuch petition filed by a parent or attorney for the child must be filed\\nprior to the child's adoption; and\\n (iii) the parent is obligated to provide the authorized agency with a\\ndesignated mailing address, as well as any subsequent changes in such\\naddress, at which the parent may receive notices regarding any\\nsubstantial failure of a material condition, unless such notification is\\nexpressly waived by a statement written by the parent and appended to or\\nincluded in such instrument.\\n Nothing in this paragraph shall limit the notice on the instrument\\nwith respect to a failure to comply with a material condition of a\\nsurrender subsequent to the finalization of the adoption of the child.\\n (d) An extra-judicial surrender instrument also shall state in plain\\nlanguage in conspicuous bold print at the beginning thereof that:\\n (i) the name and address of the court in which the application for\\napproval of the extra-judicial surrender will be filed;\\n (ii) that a revocation of the surrender will be effective if it is in\\nwriting and postmarked or received by the court named in the surrender\\nwithin forty-five days of the signing of the surrender; and\\n (iii) that a revocation of the surrender more than forty-five days\\nafter its signing will not be effective if the child has been placed in\\nan adoptive home, and the surrender shall be final and irrevocable and\\nthe parent cannot revoke the surrender or bring a case in court to\\nrevoke the surrender or regain custody of the child, and that the agency\\nwill not notify the parent when the child is placed in an adoptive home,\\nand the parent may lose all rights at the end of the forty-five day\\nperiod without further notice. Where the parties have agreed that the\\nsurrender shall be subject to conditions pursuant to subdivision two of\\nthis section, the instrument shall further state in plain language that:\\n (A) the authorized agency shall notify the parent, unless such notice\\nis expressly waived by a statement written by the parent and appended to\\nor included in such instrument, the law guardian for the child and the\\ncourt that approved the surrender within twenty days of any substantial\\nfailure of a material condition of the surrender prior to the\\nfinalization of the adoption of the child; and\\n (B) except for good cause shown, the authorized agency shall file a\\npetition on notice to the parent unless notice is expressly waived by a\\nstatement written by the parent and appended to or included in such\\ninstrument and law guardian in accordance with section one thousand\\nfifty-five-a of the family court act within thirty days of such failure\\nin order for the court to review such failure and, where necessary, to\\nhold a hearing; provided, however, that, in the absence of such filing,\\nthe parent and/or law guardian for the child may file such a petition at\\nany time up to sixty days after notification of the failure. Such\\npetition filed by a parent or law guardian must be filed prior to the\\nadoption of the child; and\\n (C) the parent is obligated to provide the authorized agency with a\\ndesignated mailing address, as well as any subsequent changes in such\\naddress, at which the parent may receive notices regarding any\\nsubstantial failure of a material condition, unless such notice is\\nexpressly waived by a statement written by the parent and appended to or\\nincluded in such instrument.\\n Nothing in this subparagraph shall limit the notice on the instrument\\nwith respect to a failure to comply with a material condition of a\\nsurrender subsequent to the finalization of the adoption of the child.\\n (e) Any surrender instrument subject to the provisions of this section\\nshall include an adoption information registry birth parent registration\\nconsent form, stating whether or not such biological parent or parents\\nwhose consent is subject to the provisions of this section, consents to\\nthe receipt of identifying information by the child to be adopted upon\\nregistration with the adoption information registry established by\\nsection forty-one hundred thirty-eight-c of the public health law and\\nupon the adoptee reaching the age of eighteen. If such consent is made,\\nit shall be revocable by either of the biological parents at any time.\\nThe revocation of the consent by one of the parents shall revoke the\\nconsent of both parents. The failure of a biological parent to complete\\nthe consent form shall have no effect on the finality of the consent to\\nadoption. A copy of the form required by this subdivision, shall be\\nforwarded to the state adoption information registry for inclusion in\\nthe records maintained by such registry. Any fees authorized to be\\ncharged by the state adoption registry for filing documentation with\\nsuch registry shall be waived for the form required by this subdivision.\\n (f) A surrender shall be recorded in the office of the county clerk in\\nthe county where the surrender is executed, or where the principal\\noffice of such authorized agency is located, in a book which such county\\nclerk shall provide and shall keep under seal. Such record shall be\\nsubject to inspection and examination only as provided in subdivisions\\nthree and four of section three hundred seventy-two of this title.\\n (g) Whenever the term surrender, surrender paper or surrender\\ninstrument is used in any law relating to the adoption of children in\\nfoster care, it shall mean and refer exclusively to the instrument\\ndescribed herein for the commitment of the guardianship of the person\\nand the custody of a child to an authorized agency by the child's\\nparent, parents or guardian, and in no case shall it be deemed to apply\\nto any instrument purporting to commit the guardianship of the person\\nand the custody of a child to any person other than an authorized\\nagency, nor shall such term or the provisions of this section be deemed\\nto apply to any instrument transferring the care and custody of a child\\nto an authorized agency pursuant to section three hundred eighty-four-a\\nof this title.\\n (h) Upon execution of a surrender instrument, the parent executing the\\nsurrender shall provide information to the extent known regarding the\\nother parent, any person to whom the surrendering parent had been\\nmarried at the time of the conception or birth of the child and any\\nother person who would be entitled to consent to the adoption of the\\nchild pursuant to subdivision one of section one hundred eleven of the\\ndomestic relations law. Such information shall include, but not be\\nlimited to, such parent's or person's name, last-known address, social\\nsecurity number, employer's address and any other identifying\\ninformation. Any information provided pursuant to this paragraph shall\\nbe recorded in the uniform case record maintained pursuant to section\\nfour hundred nine-f of this article; provided, however, that the failure\\nto provide such information shall not invalidate the surrender.\\n 6. Effect of surrender and revocation. (a) If the court disapproves\\nthe surrender pursuant to subdivision four of this section, or if a\\nrevocation of an extra-judicial surrender is mailed and postmarked or\\notherwise delivered to the court named in the surrender within\\nforty-five days of the execution of the surrender, such surrender shall\\nbe deemed a nullity, and the child shall be returned to the care and\\ncustody of the authorized agency.\\n (b) If a revocation of an extra-judicial surrender is mailed and\\npostmarked or otherwise delivered to the court named in the surrender\\nmore than forty-five days after its execution and the child has not been\\nplaced in an adoptive home, such surrender shall be deemed a nullity,\\nand the child shall be returned to the care and custody of the\\nauthorized agency. For the purposes of this subdivision, no child shall\\nbe deemed to have been placed in the home of adoptive parents unless the\\nfact of such placement, the date thereof, the date of the agreement\\npertaining thereto and the names and addresses of the adoptive parents\\nshall have been recorded in a bound volume maintained by the agency for\\nthe purpose of recording such information in chronological order. The\\nabsence of judicial approval of an extra-judicial surrender shall not\\nrevive, extend or toll the period for revocation of such surrender.\\n (c) In any case in which the authorized agency determines that the\\npersons specified in the surrender will not adopt the child or in any\\nother case of a substantial failure of a material condition prior to the\\nfinalization of the adoption of the child, the agency promptly shall\\nnotify the parent thereof, unless such notice is expressly waived by a\\nstatement written by the parent and appended to or included in such\\ninstrument, and shall notify the court and the law guardian for the\\nchild within twenty days. In any such case, the authorized agency shall\\nfile a petition on notice to the parent unless notice is expressly\\nwaived by a statement written by the parent and appended to or included\\nin such instrument and law guardian in accordance with section one\\nthousand fifty-five-a of the family court act, as applicable, within\\nthirty days, except for good cause shown, in order for the court to\\nreview such failure and, where necessary, to hold a hearing; provided,\\nhowever, that, in the absence of such a filing, the parent and/or law\\nguardian for the child may file such a petition at any time up to sixty\\ndays after the notification of the failure. Such petition filed by a\\nparent or law guardian must be filed prior to the adoption. Nothing in\\nthis paragraph shall limit the rights and remedies, if any, available to\\nthe parties and the law guardian with respect to a failure to comply\\nwith a material condition of a surrender subsequent to the finalization\\nof the adoption of the child.\\n (d) Nothing contained in this section shall bar actions or proceedings\\nbrought on the ground of fraud, duress or coercion in the execution or\\ninducement of a surrender. No action or proceeding may be maintained by\\nthe surrendering parent or guardian for the custody of the surrendered\\nchild or to revoke or annul such surrender except as provided herein.\\n 7. Surrenders by persons in foster care. Notwithstanding any other\\nprovision of law, a surrender for adoption executed by a parent, parents\\nor guardian who is in foster care shall be executed only before a judge\\nof the family court.\\n 8. Adoption proceeding. (a) Upon the court's order approving the\\nsurrender, the attorney for the petitioning authorized agency shall\\npromptly serve upon persons who have been approved by such agency as the\\nchild's adoptive parents, notice of entry of the order approving the\\nsurrender and advising such persons that they may commence an adoption\\nproceeding. In accordance with the regulations of the department, the\\nauthorized agency shall advise such persons of the procedures necessary\\nfor adoption of the child. The authorized agency shall cooperate with\\nsuch persons in the provision of necessary documentation.\\n (b) The adoptive parent may commence the adoption proceeding in a\\ncourt of competent jurisdiction in accordance with subdivision three of\\nsection one hundred thirteen or subdivision two of section one hundred\\nfifteen of the domestic relations law, as applicable; provided, however,\\nthat in the case of an extra-judicial surrender, such proceeding shall\\nbe initiated more than forty-five days after the surrender is executed.\\nCommencement of such a proceeding shall not revive, extend or toll the\\nperiod for revocation of an extra-judicial surrender pursuant to this\\nsection.\\n 9. Intervention. (a) Any person or persons having custody of a child\\nfor the purpose of adoption through an authorized agency shall be\\npermitted as a matter of right, as an interested party, to intervene in\\nany proceeding commenced to set aside a surrender purporting to commit a\\nguardianship of the person or custody of a child executed under the\\nprovisions of this section. Such intervention may be made anonymously or\\nin the true name of such person.\\n (b) Any person or persons having custody for more than twelve months\\nthrough an authorized agency for the purpose of foster care shall be\\npermitted as a matter of right, as an interested party, to intervene in\\nany proceeding commenced to set aside a surrender purporting to commit\\nthe guardianship of the person and custody of a child executed under the\\nprovisions of this section. Such intervention may be made anonymously or\\nin the true name of such person or persons having custody of the child\\nfor the purpose of foster care.\\n 10. Adoption and permanency hearing.\\n a. Upon acceptance of a judicial surrender or approval of an\\nextra-judicial surrender pursuant to subdivision three or four of this\\nsection, the court shall inquire whether any foster parent or parents\\nwith whom the child resides, or any relative of the child, or other\\nperson, seeks to adopt such child. If such person or persons do seek to\\nadopt such child, such person or persons may submit, and the court shall\\naccept, all such petitions for the adoption of the child, together with\\nan adoption home study, if any, completed by an authorized agency, or\\ndisinterested person as such term is defined in subdivision three of\\nsection one hundred sixteen of the domestic relations law. The court\\nshall thereafter establish a schedule for completion of other inquiries\\nand investigations necessary to complete review of the adoption of the\\nchild and shall immediately set a schedule for completion of the\\nadoption.\\n b. Upon acceptance of a judicial surrender or approval of an\\nextra-judicial surrender pursuant to subdivision three or four of this\\nsection, the court shall schedule an initial freed child permanency\\nhearing pursuant to section one thousand eighty-nine of the family court\\nact. Subsequent permanency hearings shall be held pursuant to section\\none thousand eighty-nine of the family court act.\\n 11. Acceptance of surrender. Acceptance of a judicial surrender or\\napproval of an extra-judicial surrender pursuant to this section shall\\nnot be construed to terminate any rights of the child to contact his or\\nher siblings. For purposes of this section, \"siblings\" shall include\\nhalf-siblings and those who would be deemed siblings or half-siblings\\nbut for the surrender, termination of parental rights or death of a\\nparent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "384", "title" : "Guardianship and custody of children not in foster care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-10-27", "2018-01-26", "2023-01-06" ], "docLevelId" : "384", "activeDate" : "2023-01-06", "sequenceNo" : 489, "repealedDate" : null, "fromSection" : "384", "toSection" : "384", "text" : " § 384. Guardianship and custody of children not in foster care. 1.\\nMethod. The guardianship of the person and the custody of a child who is\\nnot in foster care under the age of eighteen years may be committed to\\nan authorized agency by a written instrument which shall be known as a\\nsurrender, and signed:\\n (a) if both parents shall then be living, by the parents of such\\nchild, or by the surviving parent, if either parent of such child be\\ndead;\\n (b) if either one of such parents shall have for a period of six\\nmonths then next preceding abandoned such child, by the other of such\\nparents;\\n (c) if such child is born out of wedlock, by the mother of such child,\\nand by the father of such child, if such father's consent would be\\nrequired for the child's adoption, pursuant to section one hundred\\neleven of the domestic relations law;\\n (d) if both parents of such child are dead, or if such child is born\\nout of wedlock and the mother of such child is dead by the guardian of\\nthe person of such child lawfully appointed, with the approval of the\\ncourt or officer which appointed such guardian to be entered of record.\\n 2. Terms. (a) Such guardianship shall be in accordance with the\\nprovisions of this article and the instrument shall be upon such terms\\nand subject to such conditions as may be agreed upon by the parties\\nthereto. The instrument shall recite that the authorized agency is\\nthereby authorized and empowered to consent to the adoption of such\\nchild in the place and stead of the person signing the instrument, and\\nmay recite that the person signing the instrument waives any notice of\\nsuch adoption; provided, however, that an authorized agency shall not\\naccept a surrender instrument conditioned upon adoption by a particular\\nperson, unless the agency has fully investigated and certified or\\napproved such person as a qualified adoptive parent. Any surrender\\ninstrument subject to the provisions of this section shall include an\\nadoption information registry birth parent registration consent form,\\nstating whether or not such biological parent or parents whose consent\\nis subject to the provisions of this section, consents to the receipt of\\nidentifying information by the child to be adopted, upon registration\\nwith the adoption information registry established by section forty-one\\nhundred thirty-eight-c of the public health law and upon the adoptee\\nreaching the age of eighteen. If such consent is made, it shall be\\nrevocable by either of the biological parents at any time. The\\nrevocation of the consent by one of the parents shall revoke the consent\\nof both parents. The failure of a biological parent to complete the\\nconsent form shall have no effect on the finality of the consent to\\nadoption. A copy of the form required by this subdivision, shall be\\nforwarded to the state adoption information registry for inclusion in\\nthe records maintained by such registry. Any fees authorized to be\\ncharged by the state adoption registry for filing documentation with\\nsuch registry shall be waived for the form required by this subdivision.\\nNo such agency shall draw or receive money from public funds for the\\nsupport of any such child except upon the written order or permit of the\\nlocal social services official of the county or city sought to be\\ncharged with the support of such child.\\n (b) If a surrender instrument designates a particular person or\\npersons who will adopt a child, such person or persons, the child's\\nbirth parent or parents, the authorized agency having care and custody\\nof the child and the child's attorney, may enter into a written\\nagreement providing for communication or contact between the child and\\nthe child's parent or parents on such terms and conditions as may be\\nagreed to by the parties.\\n If a surrender instrument does not designate a particular person or\\npersons who will adopt the child, then the child's birth parent or\\nparents, the authorized agency having care and custody of the child and\\nthe child's attorney may enter into a written agreement providing for\\ncommunication or contact, on such terms and conditions as may be agreed\\nto by the parties. Such agreement also may provide terms and conditions\\nfor communication with or contact between the child and the child's\\nbiological sibling or half-sibling, if any. If any such sibling or\\nhalf-sibling is fourteen years of age or older, such terms and\\nconditions shall not be enforceable unless such sibling or half-sibling\\nconsents to the agreement in writing. If the court before which the\\nsurrender instrument is presented for approval determines that the\\nagreement concerning communication and contact is in the child's best\\ninterests, the court shall approve the agreement. If the court does not\\napprove the agreement, the court may nonetheless approve the surrender;\\nprovided, however, that the birth parent or parents executing the\\nsurrender instrument shall be given the opportunity at that time to\\nwithdraw such instrument. Enforcement of any agreement prior to the\\nadoption of the child shall be in accordance with subdivision (b) of\\nsection one thousand fifty-five-a of the family court act. Subsequent to\\nthe adoption of the child, enforcement of any agreement shall be in\\naccordance with section one hundred twelve-b of the domestic relations\\nlaw.\\n 3. Instrument. The instrument herein provided shall be executed and\\nacknowledged (a) before any judge or surrogate in this state having\\njurisdiction over adoption proceedings, except that if the child is\\nbeing surrendered as a result of, or in connection with, a proceeding\\nbefore the family court pursuant to article ten or ten-A of the family\\ncourt act, the instrument shall be executed and acknowledged in the\\nfamily court that exercised jurisdiction over such proceeding and shall\\nbe assigned, wherever practicable, to the judge who last presided over\\nsuch proceeding; or (b) in the presence of one or more witnesses and\\nacknowledged by such witness or witnesses, in the latter case before a\\nnotary public or other officer authorized to take proof of deeds, and\\nshall be recorded in the office of the county clerk in the county where\\nsuch instrument is executed, or where the principal office of such\\nauthorized agency is located, in a book which such county clerk shall\\nprovide and shall keep under seal. Such record shall be subject to\\ninspection and examination only as provided in subdivisions three and\\nfour of section three hundred seventy-two of this title. Notwithstanding\\nany other provision of law, if the parent surrendering the child for\\nadoption is in foster care the instrument shall be executed before a\\njudge of the family court.\\n Whenever the term surrender or surrender instrument is used in any law\\nrelating to the adoption of children who are not in foster care, it\\nshall mean and refer exclusively to the instrument hereinabove described\\nfor the commitment of the guardianship of the person and the custody of\\na child to an authorized agency by his parents, parent or guardian; and\\nin no case shall it be deemed to apply to any instrument purporting to\\ncommit the guardianship of the person and the custody of a child to any\\nperson other than an authorized agency, nor shall such term or the\\nprovisions of this section be deemed to apply to any instrument\\ntransferring the care and custody of a child to an authorized agency\\npursuant to section three hundred eighty-four-a of this chapter.\\n Any person or persons having custody of a child for the purpose of\\nadoption through an authorized agency shall be permitted as a matter of\\nright, as an interested party, to intervene in any proceeding commenced\\nto set aside a surrender purporting to commit a guardianship of the\\nperson or custody of a child executed under the provisions of this\\nsection. Such intervention may be made anonymously or in the true name\\nof said person.\\n Any person or persons having custody for more than twelve months\\nthrough an authorized agency for the purpose of foster care shall be\\npermitted as a matter of right, as an interested party, to intervene in\\nany proceeding commenced to set aside a surrender purporting to commit\\nthe guardianship of the person and custody of a child executed under the\\nprovisions of this section. Such intervention may be made anonymously or\\nin the true name of said person or persons having custody of the child\\nfor the purpose of foster care.\\n A copy of such surrender shall be given to such surrendering parent\\nupon the execution thereof. The surrender shall include the following\\nstatement: \"I, (name of surrendering parent), this ___ day of\\n__________, _____, have received a copy of this surrender. (Signature of\\nsurrendering parent)\". Such surrendering parent shall so acknowledge the\\ndelivery and the date of the delivery in writing on the surrender.\\n Where the parties have agreed that the surrender shall be subject to\\nconditions pursuant to subdivision two of this section, the instrument\\nshall further state in plain language that:\\n (i) the authorized agency shall notify the parent, unless such notice\\nis expressly waived by a statement written by the parent and appended to\\nor included in such instrument, the attorney for the child and the court\\nthat approved the surrender within twenty days of any substantial\\nfailure of a material condition of the surrender prior to the\\nfinalization of the adoption of the child; and\\n (ii) except for good cause shown, the authorized agency shall file a\\npetition on notice to the parent unless notice is expressly waived by a\\nstatement written by the parent and appended to or included in such\\ninstrument and the child's attorney in accordance with section one\\nthousand fifty-five-a of the family court act within thirty days of such\\nfailure, in order for the court to review such failure and, where\\nnecessary, to hold a hearing; provided, however, that, in the absence of\\nsuch filing, the parent and/or attorney for the child may file such a\\npetition at any time up to sixty days after notification of such\\nfailure. Such petition filed by a parent or attorney for the child must\\nbe filed prior to the child's adoption; and\\n (iii) the parent is obligated to provide the authorized agency with a\\ndesignated mailing address, as well as any subsequent changes in such\\naddress, at which the parent may receive notices regarding any\\nsubstantial failure of a material condition, unless such notification is\\nexpressly waived by a statement written by the parent and appended to or\\nincluded in such instrument.\\n Nothing in this paragraph shall limit the notice on the instrument\\nwith respect to a failure to comply with a material condition of a\\nsurrender subsequent to the finalization of the adoption of the child.\\n 4. Upon petition by an authorized agency, a judge of the family court,\\nor a surrogate, may approve such surrender, on such notice to such\\npersons as the surrogate or judge may in his or her discretion\\nprescribe. If the child is being surrendered as a result of, or in\\nconnection with, a proceeding before the family court pursuant to\\narticle ten or ten-A of the family court act, the petition shall be\\nfiled in the family court that exercised jurisdiction over such\\nproceeding and shall be assigned, wherever practicable, to the judge who\\nlast presided over such proceeding. The petition shall set forth the\\nnames and last known addresses of all persons required to be given\\nnotice of the proceeding, pursuant to section three hundred\\neighty-four-c of this title, and there shall be shown by the petition or\\nby affidavit or other proof satisfactory to the court that there are no\\npersons other than those set forth in the petition who are entitled to\\nnotice pursuant to such section. No person who has received such notice\\nand been afforded an opportunity to be heard may challenge the validity\\nof a surrender approved pursuant to this subdivision in any other\\nproceeding. However, this subdivision shall not be deemed to require\\napproval of a surrender by a surrogate or judge for such surrender to be\\nvalid.\\n 5. If a duly executed and acknowledged adoption surrender shall so\\nrecite, no action or proceeding may be maintained by the surrendering\\nparent or guardian for the custody of the surrendered child or to revoke\\nor annul such surrender where the child has been placed in the home of\\nadoptive parents and more than thirty days have elapsed since the\\nexecution of the surrender or where the purpose of such action or\\nproceeding is to return the child to or vest the child's custody in any\\nperson other than the parent or guardian who originally executed such\\nsurrender. This subdivision shall not bar actions or proceedings brought\\non the ground of fraud, duress or coercion in the execution or\\ninducement of a surrender.\\n For the purposes of this subdivision, no child shall be deemed to have\\nbeen placed in the home of adoptive parents unless the fact of such\\nplacement, the date thereof, the date of the agreement pertaining\\nthereto and the names and addresses of the adoptive parents shall have\\nbeen recorded in a bound volume maintained by the agency for the purpose\\nof recording such information in chronological order.\\n Where the parties have agreed that the surrender shall be subject to\\nconditions pursuant to subdivision two of this section and where there\\nhas been a substantial failure of a material condition prior to the\\nfinalization of the adoption of the child, the agency shall notify the\\nparent thereof, unless such notice is expressly waived by a statement\\nwritten by the parent and appended to or included in such instrument,\\nand shall notify the court and the law guardian for the child within\\ntwenty days of such failure. In any such case, the authorized agency\\nshall file a petition on notice to the parent unless notice is expressly\\nwaived by a statement written by the parent and appended to or included\\nin such instrument and law guardian in accordance with section one\\nthousand fifty-five-a of the family court act within thirty days of such\\nfailure, except for good cause shown, in order for the court to review\\nsuch failure and, where necessary, to hold a hearing; provided, however,\\nthat, in the absence of such a filing, the parent and/or law guardian\\nfor the child may file such a petition at any time up to sixty days\\nafter notification of the failure. Such a petition filed by a parent or\\nlaw guardian must be filed prior to the adoption. Nothing in this\\nparagraph shall limit the rights and remedies available to the parties\\nand the law guardian pursuant to section one hundred twelve-b of the\\ndomestic relations law with respect to a failure to comply with a\\nmaterial condition of a surrender subsequent to the finalization of the\\nadoption of a child.\\n 6. In an action or proceeding to determine the custody of a child not\\nin foster care surrendered for adoption and placed in an adoptive home\\nor to revoke or annul a surrender instrument in the case of such child\\nplaced in an adoptive home, the parent or parents who surrendered such\\nchild shall have no right to the custody of such child superior to that\\nof the adoptive parents, notwithstanding that the parent or parents who\\nsurrendered the child are fit, competent and able to duly maintain,\\nsupport and educate the child. The custody of such child shall be\\nawarded solely on the basis of the best interests of the child, and\\nthere shall be no presumption that such interests will be promoted by\\nany particular custodial disposition.\\n 7. Upon acceptance of a judicial surrender or approval of an\\nextra-judicial surrender pursuant to this section, the court shall\\nschedule an initial freed child permanency hearing pursuant to section\\none thousand eighty-nine of the family court act.\\n 8. Upon execution of a surrender instrument, the parent executing the\\nsurrender shall provide information to the extent known regarding the\\nother parent, any person to whom the surrendering parent had been\\nmarried at the time of the conception or birth of the child and any\\nother person listed in subdivision two of section three hundred\\neighty-four-c of this title. Such information shall include, but not be\\nlimited to, such parent's or person's name, last-known address, social\\nsecurity number, employer's address and any other identifying\\ninformation. Any information provided pursuant to this subdivision shall\\nbe recorded in the uniform case record maintained pursuant to section\\nfour hundred nine-f of this article; provided, however, that the failure\\nto provide such information shall not invalidate the surrender.\\n 9. Acceptance of a judicial surrender or approval of an extra-judicial\\nsurrender pursuant to this section shall not be construed to terminate\\nany rights of the child to contact his or her siblings. For purposes of\\nthis section, \"siblings\" shall include half-siblings and those who would\\nbe deemed siblings or half siblings but for the surrender, termination\\nof parental rights or death of a parent.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "384-A", "title" : "Transfer of care and custody of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-01-06" ], "docLevelId" : "384-A", "activeDate" : "2023-01-06", "sequenceNo" : 490, "repealedDate" : null, "fromSection" : "384-A", "toSection" : "384-A", "text" : " § 384-a. Transfer of care and custody of children. 1. Method. The care\\nand custody of a child may be transferred by a parent or guardian, and\\nthe care of a child may be transferred by any person to whom a parent\\nhas entrusted the care of the child, to an authorized agency by a\\nwritten instrument in accordance with the provisions of this section.\\nSuch transfer by a person who is not the child's parent or guardian\\nshall not affect the rights or obligations of the parents or guardian,\\nand such transfer shall be deemed a transfer of the care and custody of\\nthe child for the purposes of section three hundred fifty-eight-a of\\nthis chapter.\\n 1-a. Prior to accepting a transfer of care and custody, a local social\\nservices official shall commence a search to locate any non-respondent\\nparent of the child and shall conduct an immediate investigation to (a)\\nlocate relatives of the child, including all of the child's\\ngrandparents, all suitable relatives identified by either and any\\nrelative identified by a child over the age of five as a relative who\\nplays or has played a significant positive role in his or her life, and\\nto inform them of the opportunity for becoming foster parents or for\\nseeking custody or care of the child, and that the child may be adopted\\nby foster parents if attempts at reunification with the birth parent are\\nnot required or are unsuccessful; and to determine whether the child may\\nappropriately be placed with a suitable person related to the child and\\nwhether such relative seeks approval as a foster parent pursuant to this\\nchapter for the purposes of providing care for such child, or wishes to\\nprovide care and custody for the child until the parent or other person\\nresponsible for the care of the child is able to resume custody; and (b)\\nidentify minor siblings or half-siblings of the child and to determine\\nwhether such siblings or half-siblings have been or are being\\ntransferred to the care and custody of such official. Such official\\nshall provide or arrange for the provision of care so as to permit the\\nchild and his or her minor siblings or half-siblings to be placed\\ntogether unless, in the judgment of such official, such placement would\\nbe contrary to the best interests of the children; whereupon, such\\nofficial shall provide or arrange for regular visitation and other forms\\nof regular communication between such children unless, in the judgment\\nof such official, such visitation and communication would be contrary to\\nthe best interests of such children. Placement or regular visitation and\\ncommunication with siblings or half-siblings shall be presumptively in\\nthe child's best interests unless such placement or visitation and\\ncommunication would be contrary to the child's health, safety or\\nwelfare, or the lack of geographic proximity precludes or prevents\\nvisitation.\\n 1-b. Upon accepting the transfer of care and custody of a child from\\nthe parent, guardian or other person to whom care of the child has been\\nentrusted, a local social services official shall obtain information to\\nthe extent known from such person regarding the other parent, any person\\nto whom the parent transferring care and custody had been married at the\\ntime of the conception or birth of the child, any person who would be\\nentitled to consent to the adoption of the child pursuant to subdivision\\none of section one hundred eleven of the domestic relations law, and any\\nother person listed in subdivision two of section three hundred\\neighty-four-c of this title. Such information shall include, but not be\\nlimited to, such parent's or person's name, last-known address, social\\nsecurity number, employer's address and any other identifying\\ninformation. Any information provided pursuant to this subdivision shall\\nbe recorded in the uniform case record maintained pursuant to section\\nfour hundred nine-f of this article; provided, however, that the failure\\nto provide such information shall not invalidate the transfer of care\\nand custody.\\n 2. Terms. (a) The instrument shall be upon such terms, for such time\\nand subject to such conditions as may be agreed upon by the parties\\nthereto. The office of children and family services may promulgate\\nsuggested terms and conditions for inclusion in such instruments, but\\nshall not require that any particular terms and conditions be included.\\nIf the instrument provides that the child is to be returned by the\\nauthorized agency on a date certain or upon the occurrence of an\\nidentifiable event, such agency shall return such child at such time\\nunless such action would be contrary to court order entered at any time\\nprior to such date or event or within ten days thereafter pursuant to\\nsection three hundred eighty-four-b of this title or article six, ten,\\nor ten-A of the family court act or unless and so long as the parent or\\nguardian is unavailable or incapacitated to receive the child. The\\nparent or guardian may, upon written notice to such agency, request\\nreturn of the child at any time prior to the identified date or event,\\nwhereupon such agency may, without court order, return the child or,\\nwithin ten days after such request, may notify the parent or guardian\\nthat such request is denied. If such agency denies or fails to act upon\\nsuch request, the parent or guardian may seek return of the care and\\ncustody of the child by motion in family court for return of such child\\nand order to show cause, or by writ of habeas corpus in the supreme\\ncourt or family court. If the instrument fails to specify a date or\\nidentifiable event upon which such agency shall return such child, such\\nagency shall return the child within twenty days after having received\\nnotice that the parent or guardian wishes the child returned, unless\\nsuch action would be contrary to court order entered at any time prior\\nto the expiration of such twenty day period pursuant to section three\\nhundred eighty-four-b of this title or article six, ten, or ten-A of the\\nfamily court act. Expenditures by a local social services district for\\nthe care and maintenance of a child who has been continued in the care\\nof an authorized agency in violation of the provisions of this\\nsubdivision shall not be subject to state reimbursement.\\n (b) No provisions set forth in any such instrument regarding the right\\nof the parent or guardian to visit the child or to have services\\nprovided to the child and to the parent or guardian to strengthen the\\nparental relationship may be terminated or limited by the authorized\\nagency having the care and custody of the child unless: (i) the\\ninstrument shall have been amended to so limit or terminate such right,\\npursuant to subdivision three of this section; or (ii) the right of\\nvisitation or to such services would be contrary to or inconsistent with\\na court order obtained in any proceeding in which the parent or guardian\\nwas a party.\\n (c) The instrument shall state, in lay terms, in conspicuous print of\\nat least eighteen point type:\\n (i) that the parent or guardian has the right, prior to signing the\\ninstrument transferring the care and custody of the child to an\\nauthorized agency, to legal representation of the parent's own choosing.\\nThe agency shall provide the parent or guardian with a list of attorneys\\nor legal services organizations, if any, which provide free legal\\nservices to persons unable to otherwise obtain such services;\\n (ii) that the parent or guardian has no legal obligation to transfer\\nthe care and custody of the child to such official, and will incur no\\nlegal sanction for failing to do so;\\n (iii) that the law permits the instrument to specify a date certain or\\nan identifiable event upon which the child is to be returned, and if no\\ndate or event is specified, that the parent or guardian has a right to\\nthe return of the child within twenty days of a request for return,\\nunless otherwise ordered by the court; and to otherwise have the child\\nreturned in accordance with the terms of the instrument and the\\nprovisions of this section;\\n (iv) that the parent or guardian has a right to supportive services,\\nwhich shall include preventive and other supportive services authorized\\nto be provided pursuant to the state's consolidated services plan, to\\nvisit the child, and to determine jointly with the agency the terms and\\nfrequency of visitation;\\n (v) that the parent or guardian, subject to the terms of the\\ninstrument, has an obligation\\n (A) to visit the child,\\n (B) to plan for the future of the child,\\n (C) to meet with and consult with the agency about such plan,\\n (D) to contribute to the support of the child to the extent of his or\\nher financial ability to do so, and\\n (E) to inform the agency of any change of name and address;\\n (vi) that the failure of the parent or guardian to meet the\\nobligations listed in subparagraph (v) could be the basis for a court\\nproceeding for the commitment of the guardianship and custody of the\\nchild to an authorized agency thereby terminating parental rights;\\n (vii) that the parent or guardian has a right to a fair hearing\\npursuant to section twenty-two of this chapter concerning the agency's\\nfailure to permit the parent or guardian to visit the child or to\\nprovide supportive services, which shall include preventive and other\\nsupportive services authorized to be provided pursuant to the state's\\nconsolidated services plan, to the child and to the parent or guardian;\\n (viii) the amount of money which the parent will periodically\\ncontribute to the support of the child and the schedule for such\\npayments, if known.\\n (ix) that if the child remains in foster care for fifteen of the most\\nrecent twenty-two months, the agency may be required by law to file a\\npetition to terminate parental rights.\\n (d) In any case where a parent who has transferred care and custody of\\na child to a social services official pursuant to this section informs\\nthe social services official that an order or judgment conferring\\nvisitation rights relating to the child has been entered by the family\\ncourt or supreme court or that a written agreement as described in\\nsection two hundred thirty-six of the domestic relations law between the\\nparents confers such rights, any instrument executed pursuant to this\\nsection shall incorporate the provisions of such order, judgment or\\nagreement to the extent that visitation rights are affected and shall\\nprovide for visitation or other rights as required by such order,\\njudgment or agreement. Such incorporation shall not preclude a social\\nservices official from exercising his authority pursuant to paragraph\\n(e) or (f) of this subdivision.\\n (e) Where a social services official opposes incorporation of an\\norder, judgment or agreement described in paragraph (d) of this\\nsubdivision, such official may, upon execution of the instrument\\ndescribed in this section and upon notice to the non-custodial parent or\\ngrandparent named in such order, judgment or agreement, be heard thereon\\nin a proceeding pursuant to section three hundred fifty-eight-a of this\\nchapter.\\n (f) Nothing in this section shall be deemed to prohibit a social\\nservices official or an attorney for the child, if any, from making an\\napplication to modify the terms of a visitation order, incorporated\\npursuant to this section, for good cause shown, upon notice to all\\ninterested parties, or to limit the right of a non-custodial parent or\\ngrandparent to seek visitation pursuant to applicable provisions of law.\\n (g) In the event a child whose care and custody is transferred\\npursuant to this section is admitted to a hospital operated or licensed\\nby the office of mental health and cannot be returned to the physical\\ncustody of his or her parent or guardian upon request because, pursuant\\nto section four hundred of this chapter, the medical director of the\\nfacility has not authorized the removal of the child, the child shall\\nnonetheless be deemed to have been returned to the legal care and\\ncustody of his or her parent or guardian. Expenditures by a social\\nservices district for the care and maintenance of such a child shall be\\nsubject to state reimbursement notwithstanding the provisions of section\\none hundred fifty-three-b of this chapter.\\n (h) (i) Where a local social services official determines that a child\\nis at significant risk of placement in the care and custody of the local\\ncommissioner of social services during the eighteen months immediately\\nfollowing review by such official because the custodial parent or legal\\nguardian of such child is suffering from a progressively chronic or\\nirreversibly fatal illness and it is determined that there is neither a\\nrelative nor a close friend identified by the custodial parent or the\\nlegal guardian able to assume legal guardianship of the child, the\\ncustodial parent or legal guardian shall be assisted by the local social\\nservices district in transferring the care and custody of the child to\\nan authorized agency by a written instrument in accordance with the\\nprovisions for this section which provides the transfer shall not take\\neffect until the parent or legal guardian dies, becomes debilitated or\\nincapacitated as defined in subdivision one of section seventeen hundred\\ntwenty-six of the surrogate's court procedure act.\\n (ii) Where a local social services official determines that a child is\\nat significant risk of placement in the care and custody of the local\\ncommissioner of social services during the eighteen months immediately\\nfollowing a review of such official because the custodial parent or\\nlegal guardian is suffering from a progressively chronic or irreversibly\\nfatal illness and there is a relative or close friend identified by the\\ncustodial parent or legal guardian who is able and willing to assume\\ncare and custody of the child, but who requires foster care services and\\nfinancial support thereof pursuant to section three hundred\\nninety-eight-a of this article, the custodial parent or legal guardian\\nshall be assisted by the local social services district in transferring\\nthe care and custody of the child to an authorized agency by a written\\ninstrument in accordance with the provisions of this section. Such\\ninstrument shall provide that the transfer of custody shall not take\\neffect until the parent or legal guardian dies, becomes debilitated or\\nincapacitated as defined in subdivision one of section seventeen hundred\\ntwenty-six of the surrogate's court procedure act. If otherwise\\nqualified, the social services official shall assist the person\\nidentified to accept care and custody of the child to become certified\\nas a foster parent.\\n (iii) A local social services official who accepts or proposes to\\naccept the care and custody of a child by means of a written instrument\\nexecuted pursuant to this paragraph, shall, pursuant to section three\\nhundred fifty-eight-a of this chapter, petition the family court of the\\ncounty or city in which the local social services official has his or\\nher office to approve such written instrument. A written instrument\\nexecuted pursuant to this paragraph and approved pursuant to section\\nthree hundred fifty-eight-a of this chapter shall be in effect until the\\ncourt reviews the child's placement pursuant to article ten-A of the\\nfamily court act. The status of a child subject to such an instrument\\nshall be reviewed by the court pursuant to article ten-A of the family\\ncourt act.\\n (iv) Upon receiving a notice from the custodial parent or the legal\\nguardian that the parent or legal guardian is no longer debilitated or\\nincapacitated and that the parent or legal guardian requests the\\nimmediate return of the child, the social services district shall return\\nsuch child to the parent or legal guardian within ten days of receiving\\nnotice, except where a contrary court order has been issued pursuant to\\npart two, five or seven of article ten of the family court act.\\n 3. Amendment. (a) The parties to the instrument or anyone acting on\\ntheir behalf with their consent may amend it by mutual consent but only\\nby a supplemental instrument executed in the same manner as the original\\ninstrument. The supplemental instrument shall be attached to, and become\\npart of, the original instrument. The supplemental instrument shall\\ncontain the recitation required in paragraph (c) of subdivision two of\\nthis section.\\n (b) The instrument shall also be deemed amended where ordered by the\\nfamily court pursuant to the provisions of paragraph (d) of subdivision\\nten of section three hundred fifty-eight-a of this chapter.\\n 4. Execution. The instrument shall be executed in the presence of one\\nor more witnesses and shall include only the provisions, terms and\\nconditions agreed upon by the parties thereto.\\n 5. Records. The instrument shall be kept in a file maintained for that\\npurpose by the agency accepting the care and custody of the child. A\\ncopy of the instrument shall be given to the parent or guardian at the\\ntime of the execution of the instrument.\\n 6. An instrument executed pursuant to the provisions of this section\\nshall not constitute a remand or commitment pursuant to this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "384-B", "title" : "Guardianship and custody of destitute or dependent children; commitment by court order; modification of commitment and restoration of par...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-05-27", "2016-08-19", "2016-11-18", "2019-08-02", "2019-11-01", "2023-01-06", "2024-02-02", "2024-09-06" ], "docLevelId" : "384-B", "activeDate" : "2023-01-06", "sequenceNo" : 491, "repealedDate" : null, "fromSection" : "384-B", "toSection" : "384-B", "text" : " § 384-b. Guardianship and custody of destitute or dependent children;\\ncommitment by court order; modification of commitment and restoration of\\nparental rights.\\n 1. Statement of legislative findings and intent.\\n (a) The legislature recognizes that the health and safety of children\\nis of paramount importance. To the extent it is consistent with the\\nhealth and safety of the child, the legislature further hereby finds\\nthat:\\n (i) it is desirable for children to grow up with a normal family life\\nin a permanent home and that such circumstance offers the best\\nopportunity for children to develop and thrive;\\n (ii) it is generally desirable for the child to remain with or be\\nreturned to the birth parent because the child's need for a normal\\nfamily life will usually best be met in the home of its birth parent,\\nand that parents are entitled to bring up their own children unless the\\nbest interests of the child would be thereby endangered;\\n (iii) the state's first obligation is to help the family with services\\nto prevent its break-up or to reunite it if the child has already left\\nhome; and\\n (iv) when it is clear that the birth parent cannot or will not provide\\na normal family home for the child and when continued foster care is not\\nan appropriate plan for the child, then a permanent alternative home\\nshould be sought for the child.\\n (b) The legislature further finds that many children who have been\\nplaced in foster care experience unnecessarily protracted stays in such\\ncare without being adopted or returned to their parents or other\\ncustodians. Such unnecessary stays may deprive these children of\\npositive, nurturing family relationships and have deleterious effects on\\ntheir development into responsible, productive citizens. The legislature\\nfurther finds that provision of a timely procedure for the termination,\\nin appropriate cases, of the rights of the birth parents could reduce\\nsuch unnecessary stays.\\n It is the intent of the legislature in enacting this section to\\nprovide procedures not only assuring that the rights of the birth parent\\nare protected, but also, where positive, nurturing parent-child\\nrelationships no longer exist, furthering the best interests, needs, and\\nrights of the child by terminating parental rights and freeing the child\\nfor adoption.\\n 2. For the purposes of this section, (a) \"child\" shall mean a person\\nunder the age of eighteen years; and, (b) \"parent\" shall include an\\nincarcerated parent unless otherwise qualified.\\n 3. (a) The guardianship of the person and the custody of a destitute\\nor dependent child may be committed to an authorized agency, or to a\\nfoster parent authorized pursuant to section one thousand eighty-nine of\\nthe family court act to institute a proceeding under this section, or to\\na relative with care and custody of the child, by order of a surrogate\\nor judge of the family court, as hereinafter provided. Where such\\nguardianship and custody is committed to a foster parent or to a\\nrelative with care and custody of the child, the family court or\\nsurrogate's court shall retain continuing jurisdiction over the parties\\nand the child and may, upon its own motion or the motion of any party,\\nrevoke, modify or extend its order, if the foster parent or relative\\nfails to institute a proceeding for the adoption of the child within six\\nmonths after the entry of the order committing the guardianship and\\ncustody of the child to such foster parent or relative. Where the foster\\nparent or relative institutes a proceeding for the adoption of the child\\nand the adoption petition is finally denied or dismissed, the court\\nwhich committed the guardianship and custody of the child to the foster\\nparent or relative shall revoke the order of commitment. Where the court\\nrevokes an order committing the guardianship and custody of a child to a\\nfoster parent or relative, it shall commit the guardianship and custody\\nof the child to an authorized agency.\\n (b) A proceeding under this section may be originated by an authorized\\nagency or by a foster parent authorized to do so pursuant to section one\\nthousand eighty-nine of the family court act or by a relative with care\\nand custody of the child or, if an authorized agency ordered by the\\ncourt to originate a proceeding under this section fails to do so within\\nthe time fixed by the court, by the child's attorney or guardian ad\\nlitem on the court's direction.\\n (c) Where a child was placed or continued in foster care pursuant to\\narticle ten, ten-A or ten-C of the family court act or section three\\nhundred fifty-eight-a of this chapter, a proceeding under this section\\nshall be originated in the family court in the county in which the\\nproceeding pursuant to article ten, ten-A or ten-C of the family court\\nact or section three hundred fifty-eight-a of this chapter was last\\nheard and shall be assigned, wherever practicable, to the judge who last\\nheard such proceeding. Where multiple proceedings are commenced under\\nthis section concerning a child and one or more siblings or\\nhalf-siblings of such child, placed or continued in foster care with the\\nsame commissioner pursuant to section one thousand fifty-five, one\\nthousand eighty-nine or one thousand ninety-five of the family court\\nact, all of such proceedings may be commenced jointly in the family\\ncourt in any county which last heard a proceeding under article ten,\\nten-A or ten-C of the family court act regarding any of the children who\\nare the subjects of the proceedings under this section. In such\\ninstances, the case shall be assigned, wherever practicable, to the\\njudge who last presided over such proceeding. In any other case, a\\nproceeding under this section, including a proceeding brought in the\\nsurrogate's court, shall be originated in the county where either of the\\nparents of the child reside at the time of the filing of the petition,\\nif known, or, if such residence is not known, in the county in which the\\nauthorized agency has an office for the regular conduct of business or\\nin which the child resides at the time of the initiation of the\\nproceeding. To the extent possible, the court shall, when appointing an\\nattorney for the child, appoint an attorney who has previously\\nrepresented the child.\\n (c-1) Before hearing a petition under this section, the court in which\\nthe termination of parental rights petition has been filed shall\\nascertain whether the child is under the jurisdiction of a family court\\npursuant to a placement in a child protective or foster care proceeding\\nor continuation in out-of-home care pursuant to a permanency hearing\\nand, if so, which court exercised jurisdiction over the most recent\\nproceeding. If the court determines that the child is under the\\njurisdiction of a different family court, the court in which the\\ntermination of parental rights petition was filed shall stay its\\nproceeding for not more than thirty days and shall communicate with the\\ncourt that exercised jurisdiction over the most recent proceeding. The\\ncommunication shall be recorded or summarized on the record by the court\\nin which the termination of parental rights petition was filed. Both\\ncourts shall notify the parties and child's attorney, if any, in their\\nrespective proceedings and shall give them an opportunity to present\\nfacts and legal argument or to participate in the communication prior to\\nthe issuance of a decision on jurisdiction. The court that exercised\\njurisdiction over the most recent proceeding shall determine whether it\\nwill accept or decline jurisdiction over the termination of parental\\nrights petition. This determination of jurisdiction shall be\\nincorporated into an order regarding jurisdiction that shall be issued\\nby the court in which the termination of parental rights petition was\\nfiled within thirty days of such filing. If the court that exercised\\njurisdiction over the most recent proceeding determines that it should\\nexercise jurisdiction over the termination of parental rights petition,\\nthe order shall require that the petition shall be transferred to that\\ncourt forthwith but in no event more than thirty-five days after the\\nfiling of the petition. The petition shall be assigned, wherever\\npracticable, to the judge who heard the most recent proceeding. If the\\ncourt that exercised jurisdiction over the most recent proceeding\\ndeclines to exercise jurisdiction over the adoption petition, the court\\nin which the termination of parental rights petition was filed shall\\nissue an order incorporating that determination and shall proceed\\nforthwith.\\n (d) The family court shall have exclusive, original jurisdiction over\\nany proceeding brought upon grounds specified in paragraph (c), (d) or\\n(e) of subdivision four of this section, and the family court and\\nsurrogate's court shall have concurrent, original jurisdiction over any\\nproceeding brought upon grounds specified in paragraph (a) or (b) of\\nsubdivision four of this section, except as provided in paragraphs (c)\\nand (c-1) of this subdivision.\\n (e) A proceeding under this section is originated by a petition on\\nnotice served upon the child's parent or parents, the attorney for the\\nchild's parent or parents and upon such other persons as the court may\\nin its discretion prescribe. Such notice shall inform the parents and\\nsuch other persons that the proceeding may result in an order freeing\\nthe child for adoption without the consent of or notice to the parents\\nor such other persons. Such notice also shall inform the parents and\\nsuch other persons of their right to the assistance of counsel,\\nincluding any right they may have to have counsel assigned by the court\\nin any case where they are financially unable to obtain counsel. When\\nthe proceeding is initiated in family court service of the petition and\\nother process shall be made in accordance with the provisions of section\\nsix hundred seventeen of the family court act, and when the proceeding\\nis initiated in surrogate's court, service shall be made in accordance\\nwith the provisions of section three hundred seven of the surrogate's\\ncourt procedure act. When the proceeding is initiated on the grounds of\\nabandonment of a child less than one year of age at the time of the\\ntransfer of the care and custody of such child to a local social\\nservices official, the court shall take judicial notice of efforts to\\nlocate the child's parents or other known relatives or other persons\\nlegally responsible pursuant to paragraph (ii) of subdivision (b) of\\nsection one thousand fifty-five of the family court act.\\n (f) In any proceeding under this section in which the surrogate's\\ncourt has exercised jurisdiction, the provisions of the surrogate's\\ncourt procedure act shall apply to the extent that they do not conflict\\nwith the specific provisions of this section. In any proceeding under\\nthis section in which the family court has exercised jurisdiction, the\\nprovisions of articles one, two and eleven of the family court act shall\\napply to the extent that they do not conflict with the specific\\nprovisions of this section. In any proceeding under this section, the\\nprovisions and limitations of article thirty-one of the civil practice\\nlaw and rules shall apply to the extent that they do not conflict with\\nthe specific provisions of this section. In determining any motion for a\\nprotective order, the court shall consider the need of the party for the\\ndiscovery to assist in the preparation of the case and any potential\\nharm to the child from the discovery. The court shall set a schedule for\\ndiscovery to avoid unnecessary delay. Any proceeding originated in\\nfamily court upon the ground specified in paragraph (d) of subdivision\\nfour of this section shall be conducted in accordance with the\\nprovisions of part one of article six of the family court act.\\n (g) (i) An order committing the guardianship and custody of a child\\npursuant to this section shall be granted only upon a finding that one\\nor more of the grounds specified in subdivision four of this section are\\nbased upon clear and convincing proof.\\n (ii) Where a proceeding has been properly commenced under this section\\nby the filing of a petition before the eighteenth birthday of a child,\\nan order committing the guardianship and custody of a child pursuant to\\nthis section upon a finding under subdivision four of this section shall\\nbe granted after the eighteenth birthday of a child where the child\\nconsents to such disposition.\\n (h) In any proceeding brought upon a ground set forth in paragraph (c)\\nof subdivision four, neither the privilege attaching to confidential\\ncommunications between husband and wife, as set forth in section\\nforty-five hundred two of the civil practice law and rules, nor the\\nphysician-patient and related privileges, as set forth in section\\nforty-five hundred four of the civil practice law and rules, nor the\\npsychologist-client privilege, as set forth in section forty-five\\nhundred seven of the civil practice law and rules, nor the social\\nworker-client privilege, as set forth in section forty-five hundred\\neight of the civil practice law and rules, shall be a ground for\\nexcluding evidence which otherwise would be admissible.\\n (i) In a proceeding instituted by an authorized agency pursuant to the\\nprovisions of this section, proof of the likelihood that the child will\\nbe placed for adoption shall not be required in determining whether the\\nbest interests of the child would be promoted by the commitment of the\\nguardianship and custody of the child to an authorized agency.\\n (j) The order and the papers upon which it was granted in a proceeding\\nunder this section shall be filed in the court, and a certified copy of\\nsuch order shall also be filed in the office of the county clerk of the\\ncounty in which such court is located, there to be recorded and to be\\ninspected or examined in the same manner as a surrender instrument,\\npursuant to the provisions of section three hundred eighty-four of this\\nchapter.\\n (k) Where the child is over fourteen years of age, the court may, in\\nits discretion, consider the wishes of the child in determining whether\\nthe best interests of the child would be promoted by the commitment of\\nthe guardianship and custody of the child.\\n (l) (i) Notwithstanding any other law to the contrary, whenever: the\\nchild shall have been in foster care for fifteen months of the most\\nrecent twenty-two months; or a court of competent jurisdiction has\\ndetermined the child to be an abandoned child; or the parent has been\\nconvicted of a crime as set forth in subdivision eight of this section,\\nthe authorized agency having care of the child shall file a petition\\npursuant to this section unless based on a case by case determination:\\n(A) the child is being cared for by a relative or relatives; or (B) the\\nagency has documented in the most recent case plan, a copy of which has\\nbeen made available to the court, a compelling reason for determining\\nthat the filing of a petition would not be in the best interest of the\\nchild; or (C) the agency has not provided to the parent or parents of\\nthe child such services as it deems necessary for the safe return of the\\nchild to the parent or parents, unless such services are not legally\\nrequired; or (D) the parent or parents are incarcerated, in immigration\\ndetention or immigration removal proceedings, or participating in a\\nresidential substance abuse treatment program, or the prior\\nincarceration, immigration detention or immigration removal proceedings,\\nor participation of a parent or parents in a residential substance abuse\\ntreatment program is a significant factor in why the child has been in\\nfoster care for fifteen of the last twenty-two months, provided that the\\nparent maintains a meaningful role in the child's life based on the\\ncriteria set forth in subparagraph (v) of this paragraph and the agency\\nhas not documented a reason why it would otherwise be appropriate to\\nfile a petition pursuant to this section.\\n (ii) For the purposes of this section, a compelling reason whereby a\\nsocial services official is not required to file a petition for\\ntermination of parental rights in accordance with subparagraph (i) of\\nthis paragraph includes, but is not limited to, where:\\n (A) the child was placed into foster care pursuant to article three or\\nseven of the family court act and a review of the specific facts and\\ncircumstances of the child's placement demonstrate that the appropriate\\npermanency goal for the child is either (1) return to his or her parent\\nor guardian or (2) discharge to independent living;\\n (B) the child has a permanency goal other than adoption;\\n (C) the child is fourteen years of age or older and will not consent\\nto his or her adoption;\\n (D) there are insufficient grounds for filing a petition to terminate\\nparental rights; or\\n (E) the child is the subject of a pending disposition under article\\nten of the family court act, except where such child is already in the\\ncustody of the commissioner of social services as a result of a\\nproceeding other than the pending article ten proceeding, and a review\\nof the specific facts and circumstances of the child's placement\\ndemonstrate that the appropriate permanency goal for the child is\\ndischarge to his or her parent or guardian.\\n (iii) For the purposes of this paragraph, the date of the child's\\nentry into foster care is the earlier of sixty days after the date on\\nwhich the child was removed from the home or the date the child was\\nfound by a court to be an abused or neglected child pursuant to article\\nten of the family court act.\\n (iv) In the event that the social services official or authorized\\nagency having care and custody of the child fails to file a petition to\\nterminate parental rights within sixty days of the time required by this\\nsection, or within ninety days of a court direction to file a proceeding\\nnot otherwise required by this section, such proceeding may be filed by\\nthe foster parent of the child without further court order or by the\\nattorney for the child on the direction of the court. In the event of\\nsuch filing the social services official or authorized agency having\\ncare and custody of the child shall be served with notice of the\\nproceeding and shall join the petition.\\n (v) For the purposes of clause (D) of subparagraph (i) of this\\nparagraph, an assessment of whether a parent maintains a meaningful role\\nin his or her child's life shall be based on evidence, which may include\\nthe following: a parent's expressions or acts manifesting concern for\\nthe child, such as letters, telephone calls, visits, and other forms of\\ncommunication with the child; efforts by the parent to communicate and\\nwork with the authorized agency, attorney for the child, foster parent,\\nthe court, and the parent's attorney or other individuals providing\\nservices to the parent, including correctional, mental health and\\nsubstance abuse treatment program personnel for the purpose of complying\\nwith the service plan and repairing, maintaining or building the\\nparent-child relationship; a positive response by the parent to the\\nauthorized agency's diligent efforts as defined in paragraph (f) of\\nsubdivision seven of this section; and whether the continued involvement\\nof the parent in the child's life is in the child's best interest. In\\nassessing whether a parent maintains a meaningful role in his or her\\nchild's life, the authorized agency shall gather input from individuals\\nand agencies in a reasonable position to help make this assessment,\\nincluding but not limited to, the authorized agency, attorney for the\\nchild, parent, child, foster parent or other individuals of importance\\nin the child's life, and parent's attorney or other individuals\\nproviding services to the parent, including correctional, mental health\\nand substance abuse treatment program personnel. The court may make an\\norder directing the authorized agency to undertake further steps to aid\\nin completing its assessment.\\n 4. An order committing the guardianship and custody of a child\\npursuant to this section shall be granted only upon one or more of the\\nfollowing grounds:\\n (a) Both parents of the child are dead, and no guardian of the person\\nof such child has been lawfully appointed; or\\n (b) The parent or parents, whose consent to the adoption of the child\\nwould otherwise be required in accordance with section one hundred\\neleven of the domestic relations law, abandoned such child for the\\nperiod of six months immediately prior to the date on which the petition\\nis filed in the court; or\\n (c) The parent or parents, whose consent to the adoption of the child\\nwould otherwise be required in accordance with section one hundred\\neleven of the domestic relations law, are presently and for the\\nforeseeable future unable, by reason of mental illness or intellectual\\ndisability, to provide proper and adequate care for a child who has been\\nin the care of an authorized agency for the period of one year\\nimmediately prior to the date on which the petition is filed in the\\ncourt; or\\n (d) The child is a permanently neglected child; or\\n (e) The parent or parents, whose consent to the adoption of the child\\nwould otherwise be required in accordance with section one hundred\\neleven of the domestic relations law, severely or repeatedly abused such\\nchild. Where a court has determined that reasonable efforts to reunite\\nthe child with his or her parent are not required, pursuant to the\\nfamily court act or this chapter, a petition to terminate parental\\nrights on the ground of severe abuse as set forth in subparagraph (iii)\\nof paragraph (a) of subdivision eight of this section may be filed\\nimmediately upon such determination.\\n 5. (a) For the purposes of this section, a child is \"abandoned\" by his\\nparent if such parent evinces an intent to forego his or her parental\\nrights and obligations as manifested by his or her failure to visit the\\nchild and communicate with the child or agency, although able to do so\\nand not prevented or discouraged from doing so by the agency. In the\\nabsence of evidence to the contrary, such ability to visit and\\ncommunicate shall be presumed.\\n (b) The subjective intent of the parent, whether expressed or\\notherwise, unsupported by evidence of the foregoing parental acts\\nmanifesting such intent, shall not preclude a determination that such\\nparent has abandoned his or her child. In making such determination, the\\ncourt shall not require a showing of diligent efforts, if any, by an\\nauthorized agency to encourage the parent to perform the acts specified\\nin paragraph (a) of this subdivision.\\n 6. (a) For the purposes of this section, \"mental illness\" means an\\naffliction with a mental disease or mental condition which is manifested\\nby a disorder or disturbance in behavior, feeling, thinking or judgment\\nto such an extent that if such child were placed in or returned to the\\ncustody of the parent, the child would be in danger of becoming a\\nneglected child as defined in the family court act.\\n (b) For the purposes of this section, \"intellectual disability\" means\\nsubaverage intellectual functioning which originates during the\\ndevelopmental period and is associated with impairment in adaptive\\nbehavior to such an extent that if such child were placed in or returned\\nto the custody of the parent, the child would be in danger of becoming a\\nneglected child as defined in the family court act; provided, however,\\nthat case law regarding use of the phrase \"mental retardation\" under\\nthis section shall be applicable to the term \"intellectual disability\".\\n (c) The legal sufficiency of the proof in a proceeding upon the ground\\nset forth in paragraph (c) of subdivision four of this section shall not\\nbe determined until the judge has taken the testimony of a psychologist,\\nor psychiatrist, in accordance with paragraph (e) of this subdivision.\\n (d) A determination or order upon a ground set forth in paragraph (c)\\nof subdivision four shall in no way affect any other right, or\\nconstitute an adjudication of the legal status of the parent.\\n (e) In every proceeding upon a ground set forth in paragraph (c) of\\nsubdivision four the judge shall order the parent to be examined by, and\\nshall take the testimony of, a qualified psychiatrist or a psychologist\\nlicensed pursuant to article one hundred fifty-three of the education\\nlaw as defined in section 730.10 of the criminal procedure law in the\\ncase of a parent alleged to be mentally ill or retarded, such\\npsychologist or psychiatrist to be appointed by the court pursuant to\\nsection thirty-five of the judiciary law. The parent and the authorized\\nagency shall have the right to submit other psychiatric, psychological\\nor medical evidence. If the parent refuses to submit to such\\ncourt-ordered examination, or if the parent renders himself unavailable\\ntherefor whether before or after the initiation of a proceeding under\\nthis section, by departing from the state or by concealing himself\\ntherein, the appointed psychologist or psychiatrist, upon the basis of\\nother available information, including, but not limited to, agency,\\nhospital or clinic records, may testify without an examination of such\\nparent, provided that such other information affords a reasonable basis\\nfor his opinion.\\n 7. (a) For the purposes of this section, \"permanently neglected\\nchild\" shall mean a child who is in the care of an authorized agency and\\nwhose parent or custodian has failed for a period of either at least one\\nyear or fifteen out of the most recent twenty-two months following the\\ndate such child came into the care of an authorized agency substantially\\nand continuously or repeatedly to maintain contact with or plan for the\\nfuture of the child, although physically and financially able to do so,\\nnotwithstanding the agency's diligent efforts to encourage and\\nstrengthen the parental relationship when such efforts will not be\\ndetrimental to the best interests of the child. The court shall consider\\nthe special circumstances of an incarcerated parent or parents, or of a\\nparent or parents participating in a residential substance abuse\\ntreatment program, when determining whether a child is a \"permanently\\nneglected child\" as defined in this paragraph. In such cases, the court\\nalso shall consider the particular constraints, including but not\\nlimited to, limitations placed on family contact and the unavailability\\nof social or rehabilitative services to aid in the development of a\\nmeaningful relationship between the parent and his or her child, that\\nmay impact the parent's ability to substantially and continuously or\\nrepeatedly maintain contact with his or her child and to plan for the\\nfuture of his or her child as defined in paragraph (c) of this\\nsubdivision. Where a court has previously determined in accordance with\\nparagraph (b) of subdivision three of section three hundred\\nfifty-eight-a of this chapter or section one thousand thirty-nine-b,\\nsubparagraph (A) of paragraph (i) of subdivision (b) of section one\\nthousand fifty-two, paragraph (b) of subdivision two of section seven\\nhundred fifty-four or paragraph (c) of subdivision two of section 352.2\\nof the family court act that reasonable efforts to make it possible for\\nthe child to return safely to his or her home are not required, the\\nagency shall not be required to demonstrate diligent efforts as defined\\nin this section. In the event that the parent defaults after due notice\\nof a proceeding to determine such neglect, such physical and financial\\nability of such parent may be presumed by the court.\\n (b) For the purposes of paragraph (a) of this subdivision, evidence of\\ninsubstantial or infrequent contacts by a parent with his or her child\\nshall not, of itself, be sufficient as a matter of law to preclude a\\ndetermination that such child is a permanently neglected child. A visit\\nor communication by a parent with the child which is of such character\\nas to overtly demonstrate a lack of affectionate and concerned\\nparenthood shall not be deemed a substantial contact.\\n (c) As used in paragraph (a) of this subdivision, \"to plan for the\\nfuture of the child\" shall mean to take such steps as may be necessary\\nto provide an adequate, stable home and parental care for the child\\nwithin a period of time which is reasonable under the financial\\ncircumstances available to the parent. The plan must be realistic and\\nfeasible, and good faith effort shall not, of itself, be determinative.\\nIn determining whether a parent has planned for the future of the child,\\nthe court may consider the failure of the parent to utilize medical,\\npsychiatric, psychological and other social and rehabilitative services\\nand material resources made available to such parent.\\n (d) For the purposes of this subdivision:\\n (i) A parent shall not be deemed unable to maintain contact with or\\nplan for the future of the child by reason of such parent's use of drugs\\nor alcohol, except while the parent is actually hospitalized or\\ninstitutionalized therefor; and\\n (ii) The time during which a parent is actually hospitalized or\\ninstitutionalized shall not interrupt, but shall not be part of, a\\nperiod of failure to maintain contact with or plan for the future of a\\nchild.\\n (e) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, evidence of diligent efforts by an agency to encourage and\\nstrengthen the parental relationship shall not be required when:\\n (i) The parent has failed for a period of six months to keep the\\nagency apprised of his or her location, provided that the court may\\nconsider the particular delays or barriers an incarcerated parent or\\nparents, or a parent or parents participating in a residential substance\\nabuse treatment program, may experience in keeping the agency apprised\\nof his or her location; or\\n (ii) An incarcerated parent has failed on more than one occasion while\\nincarcerated to cooperate with an authorized agency in its efforts to\\nassist such parent to plan for the future of the child, as such phrase\\nis defined in paragraph (c) of this subdivision, or in such agency's\\nefforts to plan and arrange visits with the child as described in\\nsubparagraph five of paragraph (f) of this subdivision.\\n (f) As used in this subdivision, \"diligent efforts\" shall mean\\nreasonable attempts by an authorized agency to assist, develop and\\nencourage a meaningful relationship between the parent and child,\\nincluding but not limited to:\\n (1) consultation and cooperation with the parents in developing a plan\\nfor appropriate services to the child and his family;\\n (2) making suitable arrangements for the parents to visit the child\\nexcept that with respect to an incarcerated parent, arrangements for the\\nincarcerated parent to visit the child outside the correctional facility\\nshall not be required unless reasonably feasible and in the best\\ninterest of the child;\\n (3) provision of services and other assistance to the parents, except\\nincarcerated parents, so that problems preventing the discharge of the\\nchild from care may be resolved or ameliorated;\\n (4) informing the parents at appropriate intervals of the child's\\nprogress, development and health;\\n (5) making suitable arrangements with a correctional facility and\\nother appropriate persons for an incarcerated parent to visit the child\\nwithin the correctional facility, if such visiting is in the best\\ninterests of the child. When no visitation between child and\\nincarcerated parent has been arranged for or permitted by the authorized\\nagency because such visitation is determined not to be in the best\\ninterest of the child, then no permanent neglect proceeding under this\\nsubdivision shall be initiated on the basis of the lack of such\\nvisitation. Such arrangements shall include, but shall not be limited\\nto, the transportation of the child to the correctional facility, and\\nproviding or suggesting social or rehabilitative services to resolve or\\ncorrect the problems other than incarceration itself which impair the\\nincarcerated parent's ability to maintain contact with the child. When\\nthe parent is incarcerated in a correctional facility located outside\\nthe state, the provisions of this subparagraph shall be construed to\\nrequire that an authorized agency make such arrangements with the\\ncorrectional facility only if reasonably feasible and permissible in\\naccordance with the laws and regulations applicable to such facility;\\nand\\n (6) providing information which the authorized agency shall obtain\\nfrom the office of children and family services, outlining the legal\\nrights and obligations of a parent who is incarcerated or in a\\nresidential substance abuse treatment program whose child is in custody\\nof an authorized agency, and on social or rehabilitative services\\navailable in the community, including family visiting services, to aid\\nin the development of a meaningful relationship between the parent and\\nchild. Wherever possible, such information shall include transitional\\nand family support services located in the community to which an\\nincarcerated parent or parent participating in a residential substance\\nabuse treatment program shall return.\\n 8. (a) For the purposes of this section a child is \"severely abused\"\\nby his or her parent if (i) the child has been found to be an abused\\nchild as a result of reckless or intentional acts of the parent\\ncommitted under circumstances evincing a depraved indifference to human\\nlife, which result in serious physical injury to the child as defined in\\nsubdivision ten of section 10.00 of the penal law; or\\n (ii) the child has been found to be an abused child, as defined in\\nparagraph (iii) of subdivision (e) of section ten hundred twelve of the\\nfamily court act, as a result of such parent's acts; provided, however,\\nthe respondent must have committed or knowingly allowed to be committed\\na felony sex offense as defined in sections 130.25, 130.30, 130.35,\\n130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75, 130.80, 130.95\\nand 130.96 of the penal law and, for the purposes of this section the\\ncorroboration requirements contained in the penal law shall not apply to\\nproceedings under this section; or\\n (iii) (A) the parent of such child has been convicted of murder in the\\nfirst degree as defined in section 125.27, murder in the second degree\\nas defined in section 125.25, manslaughter in the first degree as\\ndefined in section 125.20, or manslaughter in the second degree as\\ndefined in section 125.15, and the victim of any such crime was another\\nchild of the parent or another child for whose care such parent is or\\nhas been legally responsible as defined in subdivision (g) of section\\none thousand twelve of the family court act, or another parent of the\\nchild, unless the convicted parent was a victim of physical, sexual or\\npsychological abuse by the decedent parent and such abuse was a factor\\nin causing the homicide; or has been convicted of an attempt to commit\\nany of the foregoing crimes, and the victim or intended victim was the\\nchild or another child of the parent or another child for whose care\\nsuch parent is or has been legally responsible as defined in subdivision\\n(g) of section one thousand twelve of the family court act, or another\\nparent of the child, unless the convicted parent was a victim of\\nphysical, sexual or psychological abuse by the decedent parent and such\\nabuse was a factor in causing the attempted homicide; (B) the parent of\\nsuch child has been convicted of criminal solicitation as defined in\\narticle one hundred, conspiracy as defined in article one hundred five\\nor criminal facilitation as defined in article one hundred fifteen of\\nthe penal law for conspiring, soliciting or facilitating any of the\\nforegoing crimes, and the victim or intended victim was the child or\\nanother child of the parent or another child for whose care such parent\\nis or has been legally responsible; (C) the parent of such child has\\nbeen convicted of assault in the second degree as defined in section\\n120.05, assault in the first degree as defined in section 120.10 or\\naggravated assault upon a person less than eleven years old as defined\\nin section 120.12 of the penal law, and the victim of any such crime was\\nthe child or another child of the parent or another child for whose care\\nsuch parent is or has been legally responsible; or has been convicted of\\nan attempt to commit any of the foregoing crimes, and the victim or\\nintended victim was the child or another child of the parent or another\\nchild for whose care such parent is or has been legally responsible; or\\n(D) the parent of such child has been convicted under the law in any\\nother jurisdiction of an offense which includes all of the essential\\nelements of any crime specified in clause (A), (B) or (C) of this\\nsubparagraph; and\\n (iv) the agency has made diligent efforts to encourage and strengthen\\nthe parental relationship, including efforts to rehabilitate the\\nrespondent, when such efforts will not be detrimental to the best\\ninterests of the child, and such efforts have been unsuccessful and are\\nunlikely to be successful in the foreseeable future. Where a court has\\npreviously determined in accordance with this chapter or the family\\ncourt act that reasonable efforts to make it possible for the child to\\nreturn safely to his or her home are not required, the agency shall not\\nbe required to demonstrate diligent efforts as set forth in this\\nsection.\\n (b) For the purposes of this section a child is \"repeatedly abused\" by\\nhis or her parent if:\\n (i) the child has been found to be an abused child, (A) as defined in\\nparagraph (i) of subdivision (e) of section ten hundred twelve of the\\nfamily court act, as a result of such parent's acts; or (B) as defined\\nin paragraph (iii) of subdivision (e) of section ten hundred twelve of\\nthe family court act, as a result of such parent's acts; provided,\\nhowever, the respondent must have committed or knowingly allowed to be\\ncommitted a felony sex offense as defined in sections 130.25, 130.30,\\n130.35, 130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75, 130.80,\\n130.95 and 130.96 of the penal law; and\\n (ii) (A) the child or another child for whose care such parent is or\\nhas been legally responsible has been previously found, within the five\\nyears immediately preceding the initiation of the proceeding in which\\nsuch abuse is found, to be an abused child, as defined in paragraph (i)\\nor (iii) of subdivision (e) of section ten hundred twelve of the family\\ncourt act, as a result of such parent's acts; provided, however, in the\\ncase of a finding of abuse as defined in paragraph (iii) of subdivision\\n(e) of section ten hundred twelve of the family court act the respondent\\nmust have committed or knowingly allowed to be committed a felony sex\\noffense as defined in sections 130.25, 130.30, 130.35, 130.40, 130.45,\\n130.50, 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or\\n(B) the parent has been convicted of a crime under section 130.25,\\n130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75\\nor 130.80 of the penal law against the child, a sibling of the child or\\nanother child for whose care such parent is or has been legally\\nresponsible, within the five year period immediately preceding the\\ninitiation of the proceeding in which abuse is found; and\\n (iii) the agency has made diligent efforts, to encourage and\\nstrengthen the parental relationship, including efforts to rehabilitate\\nthe respondent, when such efforts will not be detrimental to the best\\ninterests of the child, and such efforts have been unsuccessful and are\\nunlikely to be successful in the foreseeable future. Where a court has\\npreviously determined in accordance with this chapter or the family\\ncourt act that reasonable efforts to make it possible for the child to\\nreturn safely to his or her home are not required, the agency shall not\\nbe required to demonstrate diligent efforts as set forth in this\\nsection.\\n (c) Notwithstanding any other provision of law, the requirements of\\nparagraph (g) of subdivision three of this section shall be satisfied if\\none of the findings of abuse pursuant to subparagraph (i) or (ii) of\\nparagraph (b) of this subdivision is found to be based on clear and\\nconvincing evidence.\\n (d) A determination by the court in accordance with article ten of the\\nfamily court act based upon clear and convincing evidence that the child\\nwas a severely abused child as defined in subparagraphs (i) and (ii) of\\nparagraph (a) of this subdivision shall establish that the child was a\\nseverely abused child in accordance with this section. Such a\\ndetermination by the court in accordance with article ten of the family\\ncourt act based upon a fair preponderance of evidence shall be\\nadmissible in any proceeding commenced in accordance with this section.\\n (e) A determination by the court in accordance with article ten of the\\nfamily court act based upon clear and convincing evidence that a child\\nwas abused as defined in paragraph (i) of subdivision (e) of section ten\\nhundred twelve of the family court act, as a result of such parent's\\nacts; or (B) as defined in paragraph (iii) of subdivision (e) of section\\nten hundred twelve of the family court act, as a result of such parent's\\nacts; provided, however, the respondent must have committed or knowingly\\nallowed to be committed a felony sex offense as defined in sections\\n130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.67, 130.70,\\n130.75 and 130.80 of the penal law shall establish that the child was an\\nabused child for the purpose of a determination as required by\\nsubparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a\\ndetermination by the court in accordance with article ten of the family\\ncourt act based upon a fair preponderance of evidence shall be\\nadmissible in any proceeding commenced in accordance with this section.\\n (f) Upon a finding pursuant to paragraph (a) or (b) of this\\nsubdivision that the child has been severely or repeatedly abused by his\\nor her parent, the court shall enter an order of disposition either (i)\\ncommitting the guardianship and custody of the child, pursuant to this\\nsection, or (ii) suspending judgment in accordance with section six\\nhundred thirty-three of the family court act, upon a further finding,\\nbased on clear and convincing, competent, material and relevant evidence\\nintroduced in a dispositional hearing, that the best interests of the\\nchild require such commitment or suspension of judgment. Where the\\ndisposition ordered is the commitment of guardianship and custody\\npursuant to this section, an initial freed child permanency hearing\\nshall be completed pursuant to section one thousand eighty-nine of the\\nfamily court act.\\n 9. Nothing in this section shall be construed to terminate, upon\\ncommitment of the guardianship and custody of a child to an authorized\\nagency or foster parent, any rights and benefits, including but not\\nlimited to rights relating to contact with siblings, inheritance,\\nsuccession, social security, insurance and wrongful death action claims,\\npossessed by or available to the child pursuant to any other provision\\nof law. For purposes of this section, \"siblings\" shall include\\nhalf-siblings and those who would be deemed siblings or half-siblings\\nbut for the termination of parental rights or death of a parent.\\nNotwithstanding any other provision of law, a child committed to the\\ncustody and guardianship of an authorized agency pursuant to this\\nsection shall be deemed to continue in foster care until such time as an\\nadoption or another planned permanent living arrangement is finalized.\\nWhere the disposition ordered is the commitment of guardianship and\\ncustody pursuant to this section, an initial freed child permanency\\nhearing shall be held pursuant to section one thousand eighty-nine of\\nthe family court act.\\n 10. Upon the court's order transferring custody and guardianship to\\nthe commissioner, the attorney for the petitioning authorized agency\\nshall promptly serve upon the persons who have been approved by such\\nagency as the child's adoptive parents, notice of entry of such order\\nand advise such persons that an adoption proceeding may be commenced. In\\naccordance with the regulations of the department, the authorized agency\\nshall advise such persons of the procedures necessary for adoption of\\nthe child. The authorized agency shall cooperate with such persons in\\nthe provision of necessary documentation.\\n 11. Upon the entry of an order committing the guardianship and custody\\nof a child pursuant to this section, the court shall inquire whether any\\nfoster parent or parents with whom the child resides, or any relative of\\nthe child, or other person, seeks to adopt such child. If such person or\\npersons do seek to adopt such child, such person or persons may submit,\\nand the court shall accept, all such petitions for the adoption of the\\nchild, together with an adoption home study, if any, completed by an\\nauthorized agency or disinterested person as such term is defined in\\nsubdivision three of section one hundred sixteen of the domestic\\nrelations law. The court shall thereafter establish a schedule for\\ncompletion of other inquiries and investigations necessary to complete\\nreview of the adoption of the child and shall immediately set a schedule\\nfor completion of the adoption.\\n 13. A petition to modify a disposition of commitment of guardianship\\nand custody in order to restore parental rights may be brought in\\naccordance with part one-A of article six of the family court act where\\nthe conditions enumerated in section six hundred thirty-five of such\\npart have been met.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "384-C", "title" : "Notice in certain proceedings to fathers of children born out-of-wedlock", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2023-01-06" ], "docLevelId" : "384-C", "activeDate" : "2023-01-06", "sequenceNo" : 492, "repealedDate" : null, "fromSection" : "384-C", "toSection" : "384-C", "text" : " § 384-c. Notice in certain proceedings to fathers of children born\\nout-of-wedlock. 1. Notwithstanding any inconsistent provision of this\\nor any other law, and in addition to the notice requirements of any law\\npertaining to persons other than those specified in subdivision two of\\nthis section, notice as provided herein shall be given to the persons\\nspecified in subdivision two of this section of any proceeding initiated\\npursuant to sections three hundred fifty-eight-a and three hundred\\neighty-four of this title, involving a child born out-of-wedlock.\\nPersons specified in subdivision two of this section shall not include\\nany person who has been convicted of one or more of the following sexual\\noffenses in this state or convicted of one or more offenses in another\\njurisdiction which, if committed in this state, would constitute one or\\nmore of the following offenses, when the child who is the subject of the\\nproceeding was conceived as a result: (a) rape in first or second\\ndegree; (b) course of sexual conduct against a child in the first\\ndegree; (c) predatory sexual assault; or (d) predatory sexual assault\\nagainst a child.\\n 2. Persons entitled to notice, pursuant to subdivision one of this\\nsection, shall include:\\n (a) any person adjudicated by a court in this state to be the father\\nof the child;\\n (b) any person adjudicated by a court of another state or territory of\\nthe United States to be the father of the child, when a certified copy\\nof the court order has been filed with the putative father registry,\\npursuant to section three hundred seventy-two-c of this chapter;\\n (c) any person who has timely filed an unrevoked notice of intent to\\nclaim paternity of the child, pursuant to section three hundred\\nseventy-two-c of this chapter;\\n (d) any person who is recorded on the child's birth certificate as the\\nchild's father;\\n (e) any person who is openly living with the child and the child's\\nmother at the time the proceeding is initiated or at the time the child\\nwas placed in the care of an authorized agency, and who is holding\\nhimself out to be the child's father;\\n (f) any person who has been identified as the child's father by the\\nmother in written, sworn statement;\\n (g) any person who was married to the child's mother within six months\\nsubsequent to the birth of the child and prior to the execution of a\\nsurrender instrument or the initiation of a proceeding pursuant to\\nsection three hundred eighty-four-b; and\\n (h) any person who has filed with the putative father registry an\\ninstrument acknowledging paternity of the child, pursuant to section\\n4-1.2 of the estates, powers and trusts law.\\n 3. The provisions of this section shall not apply to persons entitled\\nto notice pursuant to section one hundred eleven of the domestic\\nrelations law. The sole purpose of notice under this section shall be to\\nenable the person served pursuant to subdivision two of this section to\\npresent evidence to the court relevant to the best interests of the\\nchild.\\n 4. Notice under this section shall be given at least twenty days prior\\nto the proceeding by delivery of a copy of the petition and notice to\\nthe person. Upon a showing to the court, by affidavit or otherwise, on\\nor before the date of the proceeding or within such further time as the\\ncourt may allow, that personal service cannot be effected at the\\nperson's last known address with reasonable effort, notice may be given,\\nwithout prior court order therefor, at least twenty days prior to the\\nproceeding by registered or certified mail directed to the person's last\\nknown address or, where the person has filed a notice of intent to claim\\npaternity pursuant to section three hundred seventy-two-c, to the\\naddress last entered therein. Notice by publication shall not be\\nrequired to be given to a person entitled to notice pursuant to the\\nprovisions of this section.\\n 5. A person may waive his right to notice under this section by\\nwritten instrument subscribed by him and acknowledged or proved in the\\nmanner required for the execution of a surrender instrument pursuant to\\nsection three hundred eighty-four of this chapter.\\n 6. The notice given to persons pursuant to this section shall inform\\nthem of the time, date, place and purpose of the proceeding and shall\\nalso apprise such persons that their failure to appear shall constitute\\na denial of their interest in the child which denial may result, without\\nfurther notice, in the transfer or commitment of the child's care,\\ncustody or guardianship or in the child's adoption in this or any\\nsubsequent proceeding in which such care, custody or guardianship or\\nadoption may be at issue.\\n 7. No order of the court in any proceeding pursuant to section three\\nhundred fifty-eight-a or three hundred eighty-four of this title or in\\nany subsequent proceeding involving the child's custody, guardianship or\\nadoption shall be vacated, annulled or reversed upon the application of\\nany person who was properly served with notice in accordance with this\\nsection but failed to appear, or who waived notice pursuant to\\nsubdivision five of this section. Nor shall any order of the court in\\nany proceeding involving the child's custody, guardianship or adoption\\nbe vacated, annulled or reversed upon the application of any person who\\nwas properly served with notice in accordance with this section in any\\nprevious proceeding in which the court determined that the transfer or\\ncommitment of the child's care, custody or guardianship to an authorized\\nagency was in the child's best interests.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "385", "title" : "Orders; prohibiting placing out or boarding out; removal", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "385", "activeDate" : "2014-09-22", "sequenceNo" : 493, "repealedDate" : null, "fromSection" : "385", "toSection" : "385", "text" : " § 385. Orders; prohibiting placing out or boarding out; removal. 1.\\nProhibiting placing out or boarding out. Whenever the commissioner\\nshall decide that any disposition of a child under this title has been\\nmade for purposes of gain, or without due inquiry as to the character\\nand reputation of the person with whom such child is placed, or in such\\nmanner that such child is subjected to cruel or improper treatment or\\nneglect or immoral surroundings, or in such manner that the religious\\nfaith of the child is not preserved and protected as provided by this\\ntitle, the commissioner may issue an order prohibiting such an\\nauthorized agency, association, corporation, institution, society or\\nother organization from thereafter placing out or boarding out any\\nchild. No such order shall be issued until after an opportunity to be\\nheard before the commissioner or his designee and after reasonable\\nnotice has been given, with a copy of the charge. A full record of the\\nproceedings and decision on such hearing shall be kept by the\\ndepartment. Any such order issued by the commissioner may be revoked by\\nthe commissioner.\\n 2. Whenever the commissioner shall find a minor\\n (a) placed out or boarded out in a home which is unsuitable or has no\\nlicense or certificate, or\\n (b) cared for under a certificate or license but neglected or without\\nsuitable care or protection, he may order its removal within thirty days\\nby the agency which placed it and if such order cannot be served upon\\nsuch agency, it may be addressed to the public board, commission, or\\nofficer of the county charged with the care of such child. If such\\nchild is not removed within the specified time, the matter may be\\nbrought before the children's court or other court having jurisdiction,\\nfor adjudication and disposition.\\n 3. Review of orders. Any person, agency, association, corporation,\\ninstitution, society or other organization, aggrieved by the decision of\\nthe commissioner in making any order pursuant to the provisions of this\\ntitle, may institute, in the judicial district in which the applicant\\nresides or has its chief office, a proceeding under article\\nseventy-eight of the civil practice law and rules in which the\\nreasonableness of such decision shall be subject to review.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "386", "title" : "Visitation; inspection and supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "386", "activeDate" : "2014-09-22", "sequenceNo" : 494, "repealedDate" : null, "fromSection" : "386", "toSection" : "386", "text" : " § 386. Visitation; inspection and supervision. 1. The board or the\\ndepartment is authorized to visit, in its discretion, any minor under\\nthe age of twenty-one years committed, placed out or boarded out and not\\nlegally adopted or in the custody of a legal guardian.\\n 2. The board or the department is authorized to visit, in its\\ndiscretion, any home or place where a child or children are received,\\nboarded or kept under a license or certificate whether or not such\\nchildren are maintained as public charges. Every licensed home shall, if\\npracticable, be visited by the department at least four times in each\\nyear.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "387", "title" : "Ineligibility for public foster care funds; fiscal penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2022-04-15" ], "docLevelId" : "387", "activeDate" : "2022-04-15", "sequenceNo" : 495, "repealedDate" : null, "fromSection" : "387", "toSection" : "387", "text" : " § 387. * Ineligibility for public foster care funds; fiscal penalties.\\n * NB Effective until June 30, 2027\\n * Public foster care funds; ineligibility.\\n * NB Effective June 30, 2027\\n * 1. The office of children and family services shall, by regulation,\\npromulgate standards to determine that an authorized agency, or one or\\nmore of its programs or facilities, is ineligible to receive public\\nfoster care funds or should be assessed a fiscal penalty. Such standards\\nshall include the following:\\n (a) lack of public need, including but not limited to geographic or\\nprogrammatic need, for the agency or one or more of its programs or\\nfacilities;\\n (b) failure of the agency to promote the placement of children in\\npermanent, safe family homes through return to the children's own\\nfamilies or through adoption, or other appropriate objectives for\\nchildren, as measured by such factors as length of stay in foster care\\nfor children with similar personal and family characteristics; and\\n (c) a pattern or practice of repeated violation of the provisions of\\nthis chapter or of the regulations of the office of children and family\\nservices promulgated thereunder.\\n * NB Effective until June 30, 2027\\n * 1. The department shall, by regulation, promulgate standards to\\ndetermine that an authorized agency, or one or more of its programs or\\nfacilities, is ineligible to receive public foster care funds. Such\\nstandards shall include the following:\\n (a) lack of public need, including but not limited to geographic or\\nprogrammatic need, for the agency or one or more of its programs or\\nfacilities;\\n (b) failure of the agency to promote the placement of children in\\npermanent family homes through return to the children's own families or\\nthrough adoption, or other appropriate objectives for children, as\\nmeasured by such factors as length of stay in foster care for children\\nwith similar personal and family characteristics; and\\n (c) a pattern or practice of repeated violation of the provisions of\\nthis chapter or of the regulations of the department promulgated\\nthereunder which have occasioned the denial of reimbursement pursuant to\\nsection one hundred fifty-three-d or three hundred ninety-eight-b of\\nthis chapter.\\n Such standards shall be developed with the participation of the child\\nwelfare standards advisory council established pursuant to section four\\nhundred nine-h of this chapter and in consultation with public and\\nvoluntary authorized agencies, citizens' groups and concerned\\nindividuals and organizations including the state council on children\\nand families.\\n * NB Effective June 30, 2027\\n * 2. A determination of ineligibility to receive public foster care\\nfunds or the assessment of a fiscal penalty shall be made upon a finding\\nof substantial noncompliance with one or more of the standards developed\\nand adopted pursuant to subdivision one of this section. Such findings\\nand determination shall be made in accordance with the hearing\\nprocedures set forth in section four hundred sixty-d of this chapter\\nrelating to the revocation, suspension or limiting of operating\\ncertificates. Such determination shall be subject to judicial review in\\naccordance with article seventy-eight of the civil practice law and\\nrules.\\n * NB Effective until June 30, 2027\\n * 2. A determination of ineligibility to receive public foster care\\nfunds shall be made upon a finding of substantial noncompliance with one\\nor more of the standards developed and adopted pursuant to subdivision\\none of this section. Such findings and determination shall be made in\\naccordance with the hearing procedures set forth in section four hundred\\nsixty-d of this chapter relating to the revocation, suspension or\\nlimiting of operating certificates. Such determination shall be subject\\nto judicial review in accordance with article seventy-eight of the civil\\npractice law and rules.\\n * NB Effective June 30, 2027\\n 3. A determination of ineligibility to receive public foster care\\nfunds shall specify whether it applies to the agency generally or to a\\nparticular program or facility of the agency.\\n 4. A social services official shall not purchase foster care from any\\nauthorized agency, or program or facility thereof, which has been\\ndetermined to be ineligible to receive public foster care funds in\\naccordance with the provisions of this section. Any contract between a\\nsocial services district and an authorized agency shall be deemed null\\nand void to the extent that it is inconsistent with the provisions of\\nthis subdivision.\\n 5. The commissioner shall report forthwith in writing, to the\\ngovernor, the temporary president of the senate and the speaker of the\\nassembly with respect to each case in which a determination of\\nineligibility to receive public foster care funds has been made pursuant\\nto this section. Such report shall contain the name of the agency and\\nthe reason or reasons for the determination of ineligibility.\\n * 6. Any fiscal penalty received by the office of children and family\\nservices pursuant to this section shall be deposited to the credit of\\nthe children and family services quality enhancement fund established\\npursuant to section ninety-seven-yyy of the state finance law.\\n * NB Repealed June 30, 2027\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "388", "title" : "Special charters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "388", "activeDate" : "2014-09-22", "sequenceNo" : 496, "repealedDate" : null, "fromSection" : "388", "toSection" : "388", "text" : " § 388. Special charters. The power and authority given to agencies,\\nassociations, corporations, institutions and societies in their charters\\nshall not be abrogated or nullified, except as the same are in conflict\\nwith this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "389", "title" : "Penalty for violations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "389", "activeDate" : "2014-09-22", "sequenceNo" : 497, "repealedDate" : null, "fromSection" : "389", "toSection" : "389", "text" : " § 389. Penalty for violations. 1. Except as hereinafter provided, any\\nperson, corporation, agency, society, institution or other organization,\\nwilfully violating this title, other than section three hundred ninety-g\\nof this title, or failing to comply with any order which the department\\nis authorized under this title to make, shall be guilty of a\\nmisdemeanor.\\n 2. (a) Any person, corporation, society, institution or other\\norganization who or which violates the provisions of subdivision six of\\nsection three hundred seventy-four of this chapter shall be guilty of a\\nmisdemeanor, for the first such offense. Any person, corporation,\\nsociety, institution or other organization who or which violates the\\nprovisions of subdivision six of section three hundred seventy-four of\\nthis chapter, after having been once convicted of violating such\\nprovisions, shall be guilty of a felony.\\n (b) Notwithstanding the provisions of paragraph (a) of this\\nsubdivision, any person, corporation, society, institution or other\\norganization who or which violates subdivision six of section three\\nhundred seventy-four of this title, where such unlawful compensation or\\nthing of value accepted or received exceeds five thousand dollars in\\nvalue, shall be guilty of a class E felony as defined in the penal law.\\nAny person, corporation, society, institution, or other organization who\\nor which violates subdivision six of section three hundred seventy-four\\nof this title, where such unlawful compensation or thing of value\\naccepted or received exceeds five thousand dollars in value, after\\nhaving been previously convicted of violating subdivision six of section\\nthree hundred seventy-four of this title, shall be guilty of a class D\\nfelony as defined in the penal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390", "title" : "Child day care; license or registration required", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-09-06", "2019-10-04", "2019-12-20", "2021-04-23", "2021-06-18", "2021-08-06", "2021-09-10", "2022-04-08", "2022-12-02", "2023-05-26", "2025-12-26", "2026-01-30", "2026-05-29", "2026-06-12" ], "docLevelId" : "390", "activeDate" : "2022-12-02", "sequenceNo" : 498, "repealedDate" : null, "fromSection" : "390", "toSection" : "390", "text" : " § 390. Child day care; license or registration required. 1.\\nDefinitions. (a) (i) \"Child day care\" shall mean child care where a\\nlicense or registration pursuant to this section is required and shall\\ninclude care for a child on a regular basis provided away from the\\nchild's residence for less than twenty-four hours per day by someone\\nother than: (1) the parent, step-parent, guardian, or relative within\\nthe third degree of consanguinity of the parents or step-parents of such\\nchild; or (2) an enrolled legally-exempt provider as such term is\\ndefined in paragraph (g) of this subdivision.\\n (ii) Child day care shall not refer to care provided in:\\n (A) a day camp, as defined in the state sanitary code;\\n (B) an after-school program operated for the purpose of religious\\neducation, sports, or recreation;\\n (C) a facility:\\n (1) providing day services under an operating certificate issued by\\nthe department;\\n (2) providing day treatment under an operating certificate issued by\\nthe office of mental health or the office for people with developmental\\ndisabilities; or\\n (D) a kindergarten, pre-kindergarten, or nursery school for children\\nthree years of age or older, or after-school program for children\\noperated by a public school district or by a private school or academy\\nwhich is providing elementary or secondary education or both, in\\naccordance with the compulsory education requirements of the education\\nlaw, provided that the kindergarten, pre-kindergarten, nursery school,\\nor after school program is located on the premises or campus where the\\nelementary or secondary education is provided. Provided however, a\\nkindergarten or a pre-kindergarten operated by a public school district\\nshall not be considered a child day care if the kindergarten or\\npre-kindergarten is not located on the premises or campus where the\\nelementary or secondary education is provided.\\n (b) \"Child day care provider\" shall mean any individual, association,\\ncorporation, partnership, institution or agency whose activities include\\nproviding child day care or operating a home or facility where child day\\ncare is provided.\\n (c) \"Child day care center\" shall mean any program or facility caring\\nfor children for more than three hours per day per child in which child\\nday care is provided by a child day care provider except those programs\\noperating as a group family day care home as such term is defined in\\nparagraph (d) of this subdivision, a family day care home, as such term\\nis defined in paragraph (e) of this subdivision, and a school-age child\\ncare program, as such term is defined in paragraph (f) of this\\nsubdivision.\\n (d) \"Group family day care home\" shall mean a program caring for\\nchildren for more than three hours per day per child in which child day\\ncare is provided in a family home for seven to twelve children of all\\nages, except for those programs operating as a family day care home, as\\nsuch term is defined in paragraph (e) of this subdivision, which care\\nfor seven or eight children. A group family day care provider may\\nprovide child day care services to four additional children if such\\nadditional children are of school age and such children receive services\\nonly before or after the period such children are ordinarily in school\\nor during school lunch periods, or school holidays, or during those\\nperiods of the year in which school is not in session. There shall be\\none caregiver for every two children under two years of age in the group\\nfamily home. A group family day care home must have at least one\\nassistant to the operator present when child day care is being provided\\nto seven or more children when none of the children are school age, or\\nnine or more children when at least two of the children are school age\\nand such children receive services only before or after the period such\\nchildren are ordinarily in school or during school lunch periods, or\\nschool holidays, or during those periods of the year in which school is\\nnot in session. This assistant shall be selected by the group family day\\ncare operator and shall meet the qualifications established for such\\nposition by the regulations of the office of children and family\\nservices.\\n (e) \"Family day care home\" shall mean a program caring for children\\nfor more than three hours per day per child in which child day care is\\nprovided in a family home for three to six children. There shall be one\\ncaregiver for every two children under two years of age in the family\\nday care home. A family day care provider may, however, care for seven\\nor eight children at any one time if no more than six of the children\\nare less than school age and the school-aged children receive care\\nprimarily before or after the period such children are ordinarily in\\nschool, during school lunch periods, on school holidays, or during those\\nperiods of the year in which school is not in session in accordance with\\nthe regulations of the office of children and family services and the\\noffice inspects such home to determine whether the provider can care\\nadequately for seven or eight children.\\n (f) \"School age child care\" shall mean a program caring for more than\\nsix school-aged children who are under thirteen years of age or who are\\nincapable of caring for themselves. Such programs shall be in operation\\nconsistent with the local school calendar. School age child care\\nprograms shall offer care during the school year to an enrolled group of\\nchildren at a permanent site before or after the period children\\nenrolled in such program are ordinarily in school or during school lunch\\nperiods and may also provide such care on school holidays and those\\nperiods of the year in which school is not in session.\\n (g) \"Enrolled legally exempt provider\" shall mean a person who is a\\ncaregiver or entity that is not required to be licensed or registered\\npursuant to this section and that is enrolled to be a caregiver and\\nprovide subsidized child care services to eligible families in\\naccordance with title five-C of this article and the regulations of the\\noffice of children and family services.\\n 2. (a) Child day care centers caring for seven or more children and\\ngroup family day care programs, as defined in subdivision one of this\\nsection, shall obtain a license from the office of children and family\\nservices and shall operate in accordance with the terms of such license\\nand the regulations of such office. Initial licenses and subsequent\\nlicenses shall be valid for a period of up to four years so long as the\\nprovider remains substantially in compliance with applicable law and\\nregulations during such period.\\n (b) Family day care homes, child day care centers caring for at least\\nthree but fewer than seven children, and school-age child care programs\\nshall register with the department and shall operate in compliance with\\nthe regulations of the department.\\n (c) Any child day care provider not required to obtain a license\\npursuant to paragraph (a) of this subdivision or to register with the\\ndepartment pursuant to paragraph (b) of this subdivision may register\\nwith the department.\\n (d) (i) The office of children and family services shall promulgate\\nregulations for licensure and for registration of child day care\\npursuant to this section. Procedures for obtaining a license or\\nregistration or renewing a license shall include a satisfactory\\ninspection of the facility by the office of children and family services\\nprior to issuance of the license or registration or renewal of the\\nlicense.\\n (ii) (A) Initial registrations and subsequent registrations shall be\\nvalid for a period of up to four years so long as the provider remains\\nsubstantially in compliance with applicable law and regulations during\\nsuch period.\\n (B) After initial registration by the child day care provider, the\\noffice of children and family services shall not accept any subsequent\\nregistration by such provider, unless:\\n (1) such provider has met the training requirements set forth in\\nsection three hundred ninety-a of this title;\\n (2) such provider has met the requirements of section three hundred\\nninety-b of this title relating to criminal history screening;\\n (3) such provider has complied with the requirements of section four\\nhundred twenty-four-a of this article; and\\n (4) the office of children and family services has received no\\ncomplaints about the home, center, or program alleging statutory or\\nregulatory violations, or, having received such complaints, the office\\nof children and family services has determined, after inspection\\npursuant to paragraph (a) of subdivision three of this section, that the\\nhome, center, or program is operated in compliance with applicable\\nstatutory and regulatory requirements.\\n (C) Where the office of children and family services has determined\\nthat a registration should not be continued because the requirements of\\nclause (B) of this subparagraph have not been satisfied, the office of\\nchildren and family services may terminate the registration. If the\\noffice of children and family services does not terminate the\\nregistration, the office of children and family services shall inspect\\nthe home or program before acknowledging any subsequent registration.\\nWhere the home or program has failed to meet the requirements of this\\nsection, the office of children and family services may reject any\\nsubsequent registration of a provider. Nothing herein shall prohibit the\\noffice of children and family services from terminating or suspending\\nregistration pursuant to subdivision ten of this section where the\\noffice of children and family services determines that termination or\\nsuspension is necessary.\\n (iv) Child day care providers who have been issued a license shall\\nopenly display such license in the facility or home for which the\\nlicense is issued. Child day care providers who have registered with the\\ndepartment shall provide proof of registration upon request.\\n (d-1) (i) The office of children and family services shall promulgate\\nregulations for inspections of enrolled legally exempt providers, which\\nshall include the completion of a satisfactory inspection of the\\npremises where care is to be provided, by the office of children and\\nfamily services.\\n (ii) Provided however, unless a complaint is made in or as otherwise\\nauthorized such inspections shall not be required when the enrolled\\nlegally exempt provider is an individual, age eighteen or older, and\\nwho, by virtue of blood, marriage or court decree, is, to all of the\\nchildren that such person is enrolled to provide subsidized child care\\nservices to in accordance with title five-C of this article:\\n (A) a grandparent;\\n (B) a great-grandparent;\\n (C) a sibling, provided that such sibling resides in a separate\\nhousehold from the child;\\n (D) an aunt; or\\n (E) an uncle.\\n (e) Notwithstanding any other provision of this section, where a child\\nis cared for by a parent, guardian or relative within the third degree\\nof consanguinity of the parent of such child and such person\\nsimultaneously provides child day care for other children, only the\\nother children shall be considered in determining whether such person\\nmust be registered or licensed, provided that such person is not caring,\\nin total, for more than eight children.\\n 2-a. (a) The office of children and family services shall promulgate\\nregulations which establish minimum quality program requirements for\\nlicensed and registered child day care homes, programs and facilities.\\nSuch requirements shall include but not be limited to (i) the need for\\nage appropriate activities, materials and equipment to promote\\ncognitive, educational, social, cultural, physical, emotional, language\\nand recreational development of children in care in a safe, healthy and\\ncaring environment (ii) principles of childhood development (iii)\\nappropriate staff/child ratios for family day care homes, group family\\nday care homes, school age day care programs and day care centers,\\nprovided however that such staff/child ratios shall not be less\\nstringent than applicable staff/child ratios as set forth in part four\\nhundred fourteen, four hundred sixteen, four hundred seventeen or four\\nhundred eighteen of title eighteen of the New York code of rules and\\nregulations as of January first, two thousand (iv) appropriate levels of\\nsupervision of children in care (v) minimum standards for sanitation,\\nhealth, infection control, nutrition, buildings and equipment, safety,\\nsecurity procedures, first aid, fire prevention, fire safety, evacuation\\nplans and drills, prevention of child abuse and maltreatment, staff\\nqualifications and training, record keeping, and child behavior\\nmanagement.\\n (b) The use of electronic monitors as a sole means of supervision of\\nchildren in day care shall be prohibited, except that electronic\\nmonitors may be used in family day care homes and group family day care\\nhomes as an indirect means of supervision where the parents of any child\\nto be supervised have agreed in advance to the use of such monitors as\\nan indirect means of supervision and the use of such monitors is\\nrestricted to situations where the children so supervised are sleeping.\\n (c) No child less than six weeks of age may be cared for by a licensed\\nor registered day care provider, except in extenuating circumstances\\nwhere prior approval for care of such children has been given by the\\noffice of children and family services. Extenuating circumstances for\\nthe purposes of this section shall include but not be limited to the\\nmedical or health needs of the parent or child, or the economic hardship\\nof the parent.\\n 3. (a) The office of children and family services may make announced\\nor unannounced inspections of the records and premises of any child care\\nprovider, whether or not such provider has a license from, or is\\nregistered with, the office of children and family services. The office\\nof children and family services shall make unannounced inspections of\\nthe records and premises of any child day care provider within fifteen\\ndays after the office of children and family services receives a\\ncomplaint that, if true, would indicate such provider does not comply\\nwith the applicable regulations of the office of children and family\\nservices or with statutory requirements. If the complaint indicates that\\nthere may be imminent danger to the children, the office of children and\\nfamily services shall investigate the complaint no later than the next\\nday of operation of the provider. The office of children and family\\nservices may provide for inspections through the purchase of services.\\n (b) (i) Where inspections have been made and violations of applicable\\nstatutes or regulations have been found, the office of children and\\nfamily services shall within ten days advise the child day care provider\\nin writing of the violations and require the provider to correct such\\nviolations. The office of children and family services may also act\\npursuant to subdivisions ten and eleven of this section.\\n (ii) Where inspections have been made and violations of applicable\\nstatutes or regulations have been found, the office of children and\\nfamily services or its designee shall, within ten days, advise the\\nenrolled legally-exempt provider in writing of the violations and\\nrequire the provider to correct such violations.\\n (c) (i) The office of children and family services shall establish a\\ntoll-free statewide telephone number to receive inquiries about child\\nday care homes, programs and facilities and complaints of violations of\\nthe requirements of this section or regulations promulgated under this\\nsection. The office of children and family services shall develop a\\nsystem for investigation, which shall include inspection, of such\\ncomplaints. The office of children and family services may provide for\\nsuch investigations through purchase of services. The office of children\\nand family services shall develop a process for publicizing such\\ntoll-free telephone number to the public for making inquiries or\\ncomplaints about child day care homes, programs or facilities.\\n (ii) Information to be maintained and available to the public through\\nsuch toll-free telephone number shall include, but not be limited to:\\n (A) current license and registration status of child day care homes,\\nprograms and facilities including whether a license or registration is\\nin effect or has been revoked or suspended; and\\n (B) child care resource and referral programs providing services\\npursuant to title five-B of this article and other resources known to\\nthe office of children and family services which relate to child day\\ncare homes, programs and facilities in the state.\\n (iii) Upon written request identifying a particular child day care\\nhome, program or facility, the office of children and family services\\nshall provide the information set forth below. The office of children\\nand family services may charge reasonable fees for copies of documents\\nprovided, consistent with the provisions of article six of the public\\nofficers law. The information available pursuant to this clause shall\\nbe:\\n (A) the results of the most recent inspection for licensure or\\nregistration and any subsequent inspections by the office of children\\nand family services;\\n (B) complaints filed against child day care homes, programs or\\nfacilities which describes the nature of the complaint and states how\\nthe complaint was resolved, including the status of the office of\\nchildren and family services investigation, the steps taken to rectify\\nthe complaint, and the penalty, if any, imposed; and\\n (C) child day care homes, programs or facilities which have requested\\nor received a waiver from any applicable rule or regulation, and the\\nregulatory requirement which was waived.\\n (iv) Nothing in this paragraph shall be construed to require or permit\\nthe disclosure either orally or in writing of any information that is\\nconfidential pursuant to law.\\n (d) Where investigation or inspection reveals that a child day care\\nprovider which must be licensed or registered is not, the office of\\nchildren and family services shall advise the child day care provider in\\nwriting that the provider is in violation of the licensing or\\nregistration requirements and shall take such further action as is\\nnecessary to cause the provider to comply with the law, including\\ndirecting an unlicensed or unregistered provider to cease operation. In\\naddition, the office of children and family services shall require the\\nprovider to notify the parents or guardians of children receiving care\\nfrom the provider that the provider is in violation of the licensing or\\nregistration requirements and shall require the provider to notify the\\noffice of children and family services that the provider has done so.\\nAny provider who is directed to cease operations pursuant to this\\nparagraph shall be entitled to a hearing before the office of children\\nand family services. If the provider requests a hearing to contest the\\ndirective to cease operations, such hearing must be scheduled to\\ncommence as soon as possible but in no event later than thirty days\\nafter the receipt of the request by the office of children and family\\nservices. The provider may not operate the center, home or program after\\nbeing directed to cease operations, regardless of whether a hearing is\\nrequested. If the provider does not cease operations, the office of\\nchildren and family services may impose a civil penalty pursuant to\\nsubdivision eleven of this section, seek an injunction pursuant to\\nsection three hundred ninety-one of this title, or both.\\n (e) (i) Where an authorized agency is subsidizing child day care\\npursuant to any provision of this chapter, the authorized agency may\\nsubmit to the department justification for a need to impose additional\\nrequirements upon child day care providers and a plan to monitor\\ncompliance with such additional requirements. No such additional\\nrequirements or monitoring may be imposed without the written approval\\nof the department.\\n (ii) An authorized agency may refuse to allow a child day care\\nprovider who is not in compliance with this section and regulations\\nissued hereunder or any approved additional requirements of the\\nauthorized agency to provide child day care to the child. In accordance\\nwith the plan approved by the department, an authorized agency shall\\nhave the right to make announced or unannounced inspections of the\\nrecords and premises of any provider who provides care for such\\nchildren, including the right to make inspections prior to subsidized\\nchildren receiving care in a home where the inspection is for the\\npurpose of determining whether the child day care provider is in\\ncompliance with applicable law and regulations and any additional\\nrequirements imposed upon such provider by the authorized agency. Where\\nan authorized agency makes such inspections, the authorized agency shall\\nnotify the department immediately of any violations of this section or\\nregulations promulgated hereunder, and shall provide the department with\\nan inspection report whether or not violations were found, documenting\\nthe results of such inspection.\\n (iii) Nothing contained in this paragraph shall diminish the authority\\nof the department to conduct inspections or provide for inspections\\nthrough purchase of services as otherwise provided for in this section.\\nNothing contained in this paragraph shall obligate the department to\\ntake any action to enforce any additional requirements imposed on child\\nday care providers by an authorized agency.\\n (f) Individual local social services districts may alter their\\nparticipation in activities related to arranging for, subsidizing,\\ndelivering and monitoring the provision of subsidized child day care\\nprovided, however, that the total participation of an individual\\ndistrict in all activities related to the provision of subsidized child\\nday care shall be no less than the participation level engaged in by\\nsuch individual district on the effective date of this section.\\n 4. (a) The office of children and family services on an annual basis\\nshall inspect all child day care programs and all enrolled\\nlegally-exempt providers except when such provider is determined to be\\nexempt in accordance with subparagraph (ii) of paragraph (d-one) of\\nsubdivision two of this section. The office of children and family\\nservices may provide for such inspections through purchase of services.\\n (b) Any family day care home or school-age child care program\\nlicensed, registered, or certified by the department or by any\\nauthorized agency on the effective date of this section shall be deemed\\nregistered until the expiration of its then-current license or\\ncertificate unless such license or certificate is suspended or revoked\\npursuant to subdivision ten of this section. Family day care homes and\\nschool-age child care programs not licensed, registered, or certified on\\nthe effective date of this section shall register pursuant to\\nsubdivision two of this section.\\n 5. Child day care providers required to have a license from the\\ndepartment or to be registered with the department pursuant to this\\nsection shall not be exempt from such requirement through registration\\nwith another state agency, or certification, registration, or licensure\\nby any local governmental agency or any authorized agency.\\n 5-a. The office of children and family services shall provide, upon\\nrequest, all applications and forms necessary to become a licensed or\\nregistered child day care provider in English, French, Polish, or any of\\nthe ten most common non-English languages spoken by individuals with\\nlimited-English proficiency in the state of New York, based on United\\nStates census data.\\n 6. Unless otherwise limited by law, a parent with legal custody or a\\nlegal guardian of any child in a child day care program shall have\\nunlimited and on demand access to such child or ward. Such parent or\\nguardian unless otherwise limited by law, also shall have the right to\\ninspect on demand during its hours of operation any area of a child day\\ncare center, group family day care home, school-age child care program,\\nor family day care home to which the child or ward of such parent or\\nguardian has access or which could present a hazard to the health and\\nsafety of the child or ward.\\n 7. (a) The department shall implement on a statewide basis programs to\\neducate parents and other potential consumers of child day care programs\\nabout their selection and use. The department may provide for such\\nimplementation through the purchase of services. Such education shall\\ninclude, but not be limited to, the following topics:\\n (i) types of child day care programs;\\n (ii) factors to be considered in selecting and evaluating child day\\ncare programs;\\n (iii) regulations of the department governing the operation of\\ndifferent types of programs;\\n (iv) rights of parents or guardians in relation to access to children\\nand inspection of child day care programs;\\n (v) information concerning the availability of child day care\\nsubsidies;\\n (vi) information about licensing and registration requirements;\\n (vii) prevention of child abuse and maltreatment in child day care\\nprograms, including screening of child day care providers and employees;\\n (viii) tax information; and\\n (ix) factors to be considered in selecting and evaluating child day\\ncare programs when a child needs administration of medications during\\nthe time enrolled.\\n (b) The department shall implement a statewide campaign to educate the\\npublic as to the legal requirements for registration of family day care\\nand school-age child care, and the benefits of such registration. The\\ndepartment may provide for such implementation through the purchase of\\nservices. The campaign shall:\\n (i) use various types of media;\\n (ii) include the development of public educational materials for\\nfamilies, family day care providers, employers and community agencies;\\n (iii) explain the role and functions of child care resource and\\nreferral programs, as such term is used in title five-B of this article;\\n (iv) explain the role and functions of the department in regard to\\nregistered programs; and\\n (v) publicize the department's toll-free telephone number for making\\ncomplaints of violations of child day care requirements related to\\nprograms which are required to be licensed or registered.\\n (c) The office of children and family services shall implement a\\nstatewide campaign to educate parents and other consumers of child day\\ncare programs about adverse childhood experiences, the importance of\\nprotective factors, and the availability of services for children at\\nrisk for or experiencing adverse childhood experiences as defined in\\nparagraph (c) of subdivision one of section twenty-d of this chapter.\\nSuch statewide campaign, shall include but is not limited to, providing\\nall licensed, registered and enrolled child care providers with\\neducational materials developed pursuant to subdivision two of section\\nthree hundred seventy-c of this chapter. The educational materials may\\nbe made available electronically and shall be offered to parents and\\nother consumers at the time of enrollment.\\n 8. The department shall establish and maintain a list of all current\\nregistered and licensed child day care programs and a list of all\\nprograms whose license or registration has been revoked, rejected,\\nterminated, or suspended. Such information shall be available to the\\npublic, pursuant to procedures developed by the department.\\n 8-a. The office of children and family services shall not make\\navailable to the public online any group family day care home provider's\\nor family day care provider's home street address or map showing the\\nlocation of such provider's home where such provider has requested to\\nopt out of the online availability of this information. The office shall\\nprovide a written form informing a provider of their right to opt out of\\nproviding information online, and shall also permit a provider to\\nrequest to opt out through the office's website.\\n 9. The department shall make available, directly or through purchase\\nof services, to registered child day care providers information\\nconcerning:\\n (a) liability insurance;\\n (b) start-up grants;\\n (c) United States department of agriculture food programs;\\n (d) subsidies available for child day care;\\n (e) tax information; and\\n (f) support services required to be provided by child care resource\\nand referral programs as set forth in subdivision three of section four\\nhundred ten-r of this article.\\n 10. Any home or facility providing child day care shall be operated in\\naccordance with applicable statutes and regulations. Any violation of\\napplicable statutes or regulations shall be a basis to deny, limit,\\nsuspend, revoke, or terminate a license or registration. Consistent with\\narticles twenty-three and twenty-three-A of the correction law, and\\nguidelines referenced in subdivision two of section four hundred\\ntwenty-five of this article, if the office of children and family\\nservices is made aware of the existence of a criminal conviction or\\npending criminal charge concerning an operator of a family day care\\nhome, group family day care home, school-age child care program, or\\nchild day care center or concerning any assistant, employee or volunteer\\nin such homes, programs or centers, or any persons age eighteen or over\\nwho reside in such homes, such conviction or charge may be a basis to\\ndeny, limit, suspend, revoke, reject, or terminate a license or\\nregistration. Before any license issued pursuant to the provisions of\\nthis section is suspended or revoked, before registration pursuant to\\nthis section is suspended or terminated, or when an application for such\\nlicense is denied or registration rejected, the applicant for or holder\\nof such registration or license is entitled, pursuant to section\\ntwenty-two of this chapter and the regulations of the office of children\\nand family services, to a hearing before the office of children and\\nfamily services. However, a license or registration shall be temporarily\\nsuspended or limited without a hearing upon written notice to the\\noperator of the facility following a finding that the public health, or\\nan individual's safety or welfare, are in imminent danger. The holder of\\na license or registrant is entitled to a hearing before the office of\\nchildren and family services to contest the temporary suspension or\\nlimitation. If the holder of a license or registrant requests a hearing\\nto contest the temporary suspension or limitation, such hearing must be\\nscheduled to commence as soon as possible but in no event later than\\nthirty days after the receipt of the request by the office of children\\nand family services. Suspension shall continue until the condition\\nrequiring suspension or limitation is corrected or until a hearing\\ndecision has been issued. If the office of children and family services\\ndetermines after a hearing that the temporary suspension or limitation\\nwas proper, such suspension or limitation shall be extended until the\\ncondition requiring suspension or limitation has been corrected or until\\nthe license or registration has been revoked.\\n 11. (a) (i) The office of children and family services shall adopt\\nregulations establishing civil penalties of no more than five hundred\\ndollars per day to be assessed against child day care centers, school\\nage child care programs, group family day care homes or family day care\\nhomes for violations of this section, sections three hundred ninety-a\\nand three hundred ninety-b of this title and any regulations promulgated\\nthereunder. The regulations establishing civil penalties shall specify\\nthe violations subject to penalty.\\n (ii) The office of children and family services shall adopt\\nregulations establishing civil penalties of no more than five hundred\\ndollars per day to be assessed against child day care providers who\\noperate child day care centers or group family day care homes without a\\nlicense or who operate family day care homes, school-age child care\\nprograms, or child day care centers required to be registered without\\nobtaining such registration.\\n (iii) In addition to any other civil or criminal penalty provided by\\nlaw, the office of children and family services shall have the power to\\nassess civil penalties in accordance with its regulations adopted\\npursuant to this subdivision after a hearing conducted in accordance\\nwith procedures established by regulations of the office of children and\\nfamily services. Such procedures shall require that notice of the time\\nand place of the hearing, together with a statement of charges of\\nviolations, shall be served in person or by certified mail addressed to\\nthe school age child care program, group family day care home, family\\nday care home, or child day care center at least thirty days prior to\\nthe date of the hearing. The statement of charges shall set forth the\\nexistence of the violation or violations, the amount of penalty for\\nwhich the program may become liable, the steps which must be taken to\\nrectify the violation, and where applicable, a statement that a penalty\\nmay be imposed regardless of rectification. A written answer to the\\ncharges of violations shall be filed with the office of children and\\nfamily services not less than ten days prior to the date of hearing with\\nrespect to each of the charges and shall include all material and\\nrelevant matters which, if not disclosed in the answer, would not likely\\nbe known to the office of children and family services.\\n (iv) The hearing shall be held by the commissioner of the office of\\nchildren and family services or the commissioner's designee. The burden\\nof proof at such hearing shall be on the office of children and family\\nservices to show that the charges are supported by a preponderance of\\nthe evidence. The commissioner of the office of children and family\\nservices or the commissioner's designee, in his or her discretion, may\\nallow the child day care center operator or provider to attempt to prove\\nby a preponderance of the evidence any matter not included in the\\nanswer. Where the child day care provider satisfactorily demonstrates\\nthat it has rectified the violations in accordance with the requirements\\nof paragraph (c) of this subdivision, no penalty shall be imposed except\\nas provided in paragraph (c) of this subdivision.\\n (b)(i) In assessing penalties pursuant to this subdivision, the office\\nof children and family services may consider the completeness of any\\nrectification made and the specific circumstances of such violations as\\nmitigating factors.\\n (ii) Upon the request of the office of children and family services,\\nthe attorney general shall commence an action in any court of competent\\njurisdiction against any child day care program subject to the\\nprovisions of this subdivision and against any person, entity or\\ncorporation operating such center or school age child care program,\\ngroup family day care home or family day care home for the recovery of\\nany penalty assessed by the office of children and family services in\\naccordance with the provisions of this subdivision.\\n (iii) Any such penalty assessed by the office of children and family\\nservices may be released or compromised by the office of children and\\nfamily services before the matter has been referred to the attorney\\ngeneral; when such matter has been referred to the attorney general,\\nsuch penalty may be released or compromised and any action commenced to\\nrecover the same may be settled and discontinued by the attorney general\\nwith the consent of the office of children and family services.\\n (c)(i) Except as provided for in this paragraph, a child day care\\nprovider shall avoid payment of a penalty imposed pursuant to this\\nsubdivision where the provider has rectified the condition which\\nresulted in the imposition of the penalty within thirty days of\\nnotification of the existence of the violation of statute or regulation.\\n (ii) Clause (i) of this paragraph notwithstanding, rectification shall\\nnot preclude the imposition of a penalty pursuant to this subdivision\\nwhere:\\n (A) the child day care provider has operated a child day care center\\nor group family day care home without a license, has refused to seek a\\nlicense for the operation of such a center or home, or has continued to\\noperate such a center or home after denial of a license application,\\nrevocation of an existing license or suspension of an existing license;\\n (B) the child day care provider has operated a family day care home,\\nschool-age child care program or child day care center required to be\\nregistered without being registered, has refused to seek registration\\nfor the operation of such home, program or center or has continued to\\noperate such a home, program or center after denial of a registration\\napplication, revocation of an existing registration or suspension of an\\nexisting registration;\\n (C) there has been a total or substantial failure of the facility's\\nfire detection or prevention systems or emergency evacuation procedures;\\n (D) the child day care provider or an assistant, employee or volunteer\\nhas failed to provide adequate and competent supervision;\\n (E) the child day care provider or an assistant, employee or volunteer\\nhas failed to provide adequate sanitation;\\n (F) the child day care provider or an assistant, employee, volunteer\\nor, for a family day care home or group family day care home, a member\\nof the provider's household, has injured a child in care, unreasonably\\nfailed to obtain medical attention for a child in care requiring such\\nattention, used corporal punishment against a child in care or abused or\\nmaltreated a child in care;\\n (G) the child day care provider has violated the same statutory or\\nregulatory standard more than once within a six month period;\\n (H) the child day care provider or an assistant, employee or volunteer\\nhas failed to make a report of suspected child abuse or maltreatment\\nwhen required to do so pursuant to section four hundred thirteen of this\\narticle; or\\n (I) the child day care provider or an assistant, employee or volunteer\\nhas submitted to the office of children and family services a forged\\ndocument as defined in section 170.00 of the penal law.\\n (d) Any civil penalty received by the office of children and family\\nservices pursuant to this subdivision shall be deposited to the credit\\nof the \"quality child care and protection fund\" established pursuant to\\nsection ninety-seven-www of the state finance law.\\n (e)(i) The office of children and family services shall deny a new\\napplication for licensure or registration made by a day care provider\\nwhose license or registration was previously revoked or terminated based\\non a violation of statute or regulation for a period of two years from\\nthe date that the revocation or termination of the license or\\nregistration became finally effective, unless such office determines, in\\nits discretion, that approval of the application will not in any way\\njeopardize the health, safety or welfare of children in the center,\\nprogram or home. For the purposes of this paragraph, the date that the\\nrevocation or termination became finally effective shall be, as\\napplicable:\\n (A) the date that the revocation or termination became effective based\\non the notice of revocation or termination;\\n (B) the date that the hearing decision was issued upholding the\\nrevocation or termination;\\n (C) the date of issuance of a final court order affirming the\\nrevocation or termination or affirming a hearing decision that upheld\\nthe revocation or termination; or\\n (D) another date mutually agreed upon by the office of children and\\nfamily services and the provider.\\n (ii)(A) Such office shall deny a new application for licensure or\\nregistration made by a day care provider who is enjoined or otherwise\\nprohibited by a court order from operation of a day care center, group\\nfamily day care home, family day care home or school-age child care\\nprogram without a license or registration for a period of two years from\\nthe date of the court order unless the court order specifically enjoins\\nthe provider from providing day care for a period longer than two years,\\nin which case the office shall deny any new application made by the\\nprovider while the provider is so enjoined.\\n (B) Such office shall deny a new application for licensure or\\nregistration made by a day care provider who is assessed a second civil\\npenalty by such office for having operated a day care center, group\\nfamily day care home, family day care home or school-age child care\\nprogram without a license or registration for a period of two years from\\nthe date of the second fine. For the purposes of this paragraph, the\\ndate of the second fine shall be either the date upon which the day care\\nprovider signs a stipulation agreement to pay the second fine or the\\ndate upon which a hearing decision is issued affirming the determination\\nof such office to impose the second fine, as applicable.\\n (iii) A day care provider who surrenders the provider's license or\\nregistration while such office is engaged in enforcement seeking\\nsuspension, revocation or termination of such provider's license or\\nregistration pursuant to the regulations of such office, shall be deemed\\nto have had their license or registration revoked or terminated and\\nshall be subject to the prohibitions against licensing or registration\\npursuant to subparagraph (i) of this paragraph for a period of two years\\nfrom the date of surrender of the license or registration.\\n 12. (a) Notwithstanding any other provision of law, except as may be\\nrequired as a condition of licensure or registration by regulations\\npromulgated pursuant to this section, no village, town (outside the area\\nof any incorporated village), city or county shall adopt or enact any\\nlaw, ordinance, rule or regulation which would impose, mandate or\\notherwise enforce standards for sanitation, health, fire safety or\\nbuilding construction on a one or two family dwelling or multiple\\ndwelling used to provide group family day care or family day care than\\nwould be applicable were such child day care not provided on the\\npremises. No village, town (outside the area of any incorporated\\nvillage), city or county shall prohibit or restrict use of a one or two\\nfamily dwelling, or multiple dwelling for family or group family day\\ncare where a license or registration for such use has been issued in\\naccordance with regulations issued pursuant to this section. Nothing in\\nthis paragraph shall preclude local authorities with enforcement\\njurisdiction of the applicable sanitation, health, fire safety or\\nbuilding construction code from making appropriate inspections to assure\\ncompliance with such standards.\\n (b) Notwithstanding any other provision of law, but pursuant to\\nsection five hundred eighty-one-b of the real property tax law, no\\nassessing unit, as defined in subdivision one of section one hundred two\\nof the real property tax law, in the assessment of the value of any\\nparcel used for residential purposes and registered as a family day care\\nhome pursuant to this section, shall consider the use or registration of\\nsuch parcel as a family day care home.\\n 13. Notwithstanding any other provision of law, this section, except\\nfor paragraph (a-1) of subdivision two-a of this section, shall not\\napply to child day care centers in the city of New York.\\n * 14. The office of children and family services, in conjunction with\\nthe department of health, shall be required to annually distribute\\ninformational materials related to the occurrence, transmission, birth\\ndefects, methods of diagnosis and preventive measures of Cytomegalovirus\\nestablished pursuant to subdivision six of section two hundred sixty-six\\nof the public health law to every licensed, registered or enrolled child\\ncare provider and their staff.\\n * NB Effective May 22, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-A", "title" : "Standards and training for child day care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-12-20", "2020-06-19", "2025-12-19", "2026-01-30", "2026-02-20", "2026-06-12" ], "docLevelId" : "390-A", "activeDate" : "2020-06-19", "sequenceNo" : 499, "repealedDate" : null, "fromSection" : "390-A", "toSection" : "390-A", "text" : " § 390-a. Standards and training for child day care. 1. All office of\\nchildren and family services and municipal staff employed to accept\\nregistrations, issue licenses or conduct inspections of child day care\\nhomes, programs or facilities, subject to the amounts appropriated\\ntherefor, shall receive training in at least the following: regulations\\npromulgated by the office of children and family services pursuant to\\nsection three hundred ninety of this title; child abuse prevention and\\nidentification; safety and security procedures in child day care\\nsettings; the principles of childhood development, and the laws,\\nregulations and procedures governing the protection of children from\\nabuse or maltreatment.\\n 2. No license or registration shall be issued to a family day care\\nhome, group family day care home, school age child care program or child\\nday care center and no such registration or license shall be renewed\\nuntil it can be demonstrated by the employer or licensing agency that\\nthere is a procedure developed and implemented, in accordance with\\nsection three hundred ninety-b of this title and pursuant to regulations\\nof the office of children and family services, to:\\n (a) review and evaluate the backgrounds of and information supplied by\\nany person applying to be a child day care center or school-age child\\ncare program employee or volunteer or group family day care assistant, a\\nprovider of family day care or group family day care, or a director of a\\nchild day care center, head start day care center or school-age child\\ncare program. Such procedures shall include but not be limited to the\\nfollowing requirements: that the applicant set forth his or her\\nemployment history, provide personal and employment references; submit\\nsuch information as is required for screening with the statewide central\\nregister of child abuse and maltreatment in accordance with the\\nprovisions of section four hundred twenty-four-a of this article; sign a\\nsworn statement indicating whether, to the best of his or her knowledge,\\nhe or she has ever been convicted of a crime in this state or any other\\njurisdiction; and provide his or her fingerprints for submission to the\\ndivision of criminal justice services in accordance with the provisions\\nof section three hundred ninety-b of this title;\\n (b) establish relevant minimal experiential and educational\\nqualifications for employees and directors of child day care centers or\\nhead start day care center programs;\\n (c) assure adequate and appropriate supervision of employees and\\nvolunteers of group family day care homes, family day care homes, child\\nday care centers and school-age child care programs; and\\n (d) demonstrate, in the case of child day care centers, group family\\nday care homes, family day care homes and school-age child care programs\\nthe existence of specific procedures which will assure the safety of a\\nchild who is reported to the state central register of child abuse and\\nmaltreatment as well as other children provided care by such homes,\\ncenters or programs, immediately upon notification that a report has\\nbeen made with respect to a child named in such report while the child\\nwas in attendance at such homes, centers or programs.\\n (e) establish necessary rules to provide for uniform visitor control\\nprocedures, including visitor identification.\\n 3. (a) The office of children and family services shall promulgate\\nregulations requiring operators, program directors, employees and\\nassistants of family day care homes, group family day care homes,\\nschool-age child care programs and child day care centers to receive\\npre-service and annual training, as applicable. Provided however that\\nsuch providers shall be required to receive thirty hours of training\\nevery two years; provided, however, any individual or provider who is\\nalready in compliance with this subdivision, prior to the effective date\\nof the chapter of the laws of two thousand nineteen that amended this\\nsubdivision, shall only be required to complete any additional federal\\ntraining requirements which they have not already completed in order to\\nbe deemed in compliance with this subdivision. Fifteen hours of such\\ntraining must be received within the first six months of the initial\\nlicensure, registration or employment. Such training requirements shall\\nalso apply to any volunteer in such day care homes, programs or centers\\nwho has the potential for regular and substantial contact with children.\\nThe thirty hours of training required during the first biennial cycle\\nafter initial licensure or registration shall include training received\\nwhile an application for licensure or registration pursuant to section\\nthree hundred ninety of this title is pending. The office of children\\nand family services may provide this training through purchase of\\nservices.\\n (b) The training required in paragraph (a) of this subdivision shall\\naddress topics and subject matters required by federal law and the\\nfollowing topics or subject matters, unless such topics or subject\\nmatters are substantially covered in training that is required pursuant\\nto federal law:\\n (i) principles of childhood development, focusing on the developmental\\nstages of the age groups for which the program provides care;\\n (ii) nutrition and health needs of infants and children;\\n (iii) child day care program development;\\n (iv) safety and security procedures;\\n (v) business record maintenance and management;\\n (vi) child abuse and maltreatment identification and prevention;\\n (vii) statutes and regulations pertaining to child day care;\\n (viii) statutes and regulations pertaining to child abuse and\\nmaltreatment;\\n (ix) for operators, program directors, employees and assistants of\\nfamily day care homes, group family day care homes and child day care\\ncenters, education and information on the identification, diagnosis and\\nprevention of shaken baby syndrome; and\\n (x) adverse childhood experiences (ACEs), focused on understanding\\ntrauma and on nurturing resiliency.\\n (c) For the thirty hours of biennial training required after the\\ninitial period of licensure or registration, each provider who can\\ndemonstrate basic competency shall determine in which of the specified\\ntopics he or she needs further study, based on the provider's experience\\nand the needs of the children in the provider's care.\\n (d) Family day care home and group family day care home operators\\nshall obtain training pertaining to protection of the health and safety\\nof children, as required by regulation, prior to the issuance of a\\nlicense or registration by the office of children and family services.\\n (e) Upon request by the office of children and family services, the\\nchild day care applicant or provider shall submit documentation\\ndemonstrating compliance with the training requirements of this section.\\n 4. No license or registration shall be issued to a family day care\\nhome or group family day care home and no such registration shall be\\nrenewed if barriers, as defined in paragraph (d) of subdivision one of\\nsection three hundred ninety-d of this title, are not present around any\\nswimming pool or body of water, as defined in paragraphs (b) and (c) of\\nsubdivision one of section three hundred ninety-d of this title, located\\non its grounds, pursuant to section three hundred ninety-d of this\\ntitle.\\n 5. a. The site provider of a family day care home or group family day\\ncare home shall provide that at least one employee who holds a valid\\ncertification in a course of study in first aid knowledge and skills and\\ncardiopulmonary resuscitation, with an emphasis on providing that aid to\\nchildren, as approved by the commissioner of the office of children and\\nfamily services, be on premises during the operating hours of such\\nfamily day care home or group family day care home.\\n b. The site supervisor of a school-age child care program shall\\nprovide that at least one employee who holds a valid certification in a\\ncourse of study in first aid knowledge and skills and cardiopulmonary\\nresuscitation, with an emphasis on providing that aid to children, as\\napproved by the commissioner of the office of children and family\\nservices, be on premises during the operating hours of such school-age\\nchild care program.\\n c. The director of a child day care center shall provide that at least\\none employee who holds a valid certification in a course of study in\\nfirst aid knowledge and skills and cardiopulmonary resuscitation, with\\nan emphasis on providing that aid to children, as approved by the\\ncommissioner of the office of children and family services, be on\\npremises during the operating hours of such child day care center.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-B", "title" : "Criminal history review and background clearances of child care providers, generally", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19", "2019-09-06", "2021-04-09", "2025-05-16", "2026-05-15" ], "docLevelId" : "390-B", "activeDate" : "2021-04-09", "sequenceNo" : 500, "repealedDate" : null, "fromSection" : "390-B", "toSection" : "390-B", "text" : " § 390-b. Criminal history review and background clearances of child\\ncare providers, generally.\\n 1. Notwithstanding any other provision of law to the contrary, and\\nsubject to rules and regulations of the office of children and family\\nservices and, where applicable, the division of criminal justice\\nservices, the following clearances shall be conducted for entities\\nspecified in subdivision two of this section in the time and manner as\\nrequired by this section:\\n (a) a criminal history record check with the division of criminal\\njustice services;\\n (b) a search of the criminal history repository in each state other\\nthan New York where such person resides or resided during the preceding\\nfive years, if applicable unless such state's criminal history record\\ninformation will be provided as part of the results or the clearance\\nconducted pursuant to paragraph (c) of this subdivision;\\n (c) a national criminal record check with the federal bureau of\\ninvestigation; the division of criminal justice services is directed to\\nsubmit fingerprints to the federal bureau of investigation for the\\npurpose of a nationwide criminal history record check, pursuant to and\\nconsistent with public law 113-186 to determine whether such persons\\nshall have a criminal history in any state or federal jurisdiction;\\n (d) a search of the New York state sex offender registry;\\n (e) a search of any state sex offender registry or repository in each\\nstate other than New York where such person resides or resided during\\nthe preceding five years, if applicable unless such state's sex offender\\nregistry information will be provided as part of the clearance conducted\\npursuant to paragraph (f) of this subdivision;\\n (f) a search of the national sex offender registry using the national\\ncrime and information center, established under the Adam Walsh child\\nprotection and safety act of 2006 (42 U.S.C. 16901 et seq.);\\n (g) a database check of the statewide central register of child abuse\\nand maltreatment in accordance with section four hundred twenty-four-a\\nof this article; and\\n (h) a search of a state-based child abuse or neglect repository of any\\nstate other than New York where such person resides or resided during\\nthe preceding five years; if applicable.\\n 1-a. For purposes of this section, and in accordance with federal law,\\nthe term \"enrolled legally-exempt provider\" shall refer to a person who\\nmeets the definition of \"enrolled legally-exempt provider\" as defined in\\nparagraph (g) of subdivision one of section three hundred ninety of this\\ntitle and who is not an individual who is related to all children for\\nwhom child care services are provided.\\n 2. In relation to any child day care program and any enrolled\\nlegally-exempt provider:\\n (a) the clearances required pursuant to paragraphs (a), (c), (d) and\\n(g) of subdivision one of this section shall be conducted for:\\n (i) every prospective volunteer with the potential for unsupervised\\ncontact with children in care;\\n (ii) every applicant to become an enrolled legally-exempt provider;\\n (iii) every prospective employee, director or operator of such a\\nprogram or provider; and\\n (iv) every individual eighteen years of age and over residing or who\\nbegins to reside in a home where services are or will be provided in a\\nfamily or group family setting; and\\n (v) every individual eighteen years of age and over residing or who\\nbegins to reside in a home where services are or will be provided who\\nare not related in any way to all children receiving services as or will\\nbe provided by an enrolled legally exempt provider;\\n (b) notwithstanding any other provision of law to the contrary, prior\\nto October first, two thousand twenty, all clearances listed in\\nsubdivision one of this section that have not previously been conducted\\npursuant to paragraph (a) of this subdivision and for which on-going\\ncriminal history results are not already provided, shall be conducted in\\naccordance with a schedule developed by the office of children and\\nfamily services, for all:\\n (i) existing volunteers with the potential for unsupervised contact\\nwith children in care;\\n (ii) existing caregivers for an enrolled legally exempt provider;\\n (iii) existing employees, directors and operators of any such program\\nor provider; and\\n (iv) every individual eighteen years of age and over residing or who\\nbegins to reside in a home where services are or will be provided in a\\nfamily or group family setting; and\\n (v) every individual eighteen years of age and over residing or who\\nbegins to reside in a home where services are or will be provided who\\nare not related in any way to all children receiving services as or will\\nbe provided by an enrolled legally exempt provider;\\n (c) notwithstanding any other provision of law to the contrary, the\\nclearances required pursuant to this section other than those for which\\non-going criminal history results are provided, shall be conducted for a\\nperson listed in subparagraphs (i), (ii), (iii) and (iv) of paragraph\\n(b) of this subdivision at least once every five years in accordance\\nwith a schedule developed by the office of children and family services.\\n 3. (a) Notwithstanding any other provision of law to the contrary, in\\nrelation to the clearances required pursuant to this section, an\\nindividual or a program or provider shall be deemed ineligible, as such\\nterm is defined in paragraph (b) of this subdivision, if such\\nindividual:\\n (i) refuses to consent to such clearance;\\n (ii) knowingly makes a materially false statement in connection with\\nsuch a clearance;\\n (iii) is registered, or is required to be registered, on a state sex\\noffender registry or repository or the national sex offender registry\\nestablished under the Adam Walsh child protection and safety act of 2006\\n(42 U.S.C. 16901 et seq.); or\\n (iv) has been convicted of a crime enumerated in subparagraph (E) or\\nclauses (i) through (viii) of subparagraph (D) of paragraph (1) of\\nsubdivision (C) of 42 U.S.C. 9858f.\\n (b) For purpose of this subdivision, the term \"ineligible\" shall mean:\\n (i) the individual who engaged in conduct listed in paragraph (a) of\\nthis subdivision shall not be permitted to:\\n (1) operate, direct, be the caregiver for, or be employed by a child\\nday care program or an enrolled legally-exempt provider; or\\n (2) be a volunteer with the potential for unsupervised contact with\\nchildren in a child day care program or with an enrolled legally-exempt\\nprovider; or\\n (3) be an enrolled legally exempt provider; or\\n (ii) in relation to child day care programs or any enrolled\\nlegally-exempt providers, where child care is, or is proposed to be\\nprovided, to a child in a home setting where such child does not reside,\\nsuch program or provider shall not be eligible to operate or to be\\nenrolled to serve children receiving child care subsidies pursuant to\\ntitle five-C of this article, if an individual over the age of eighteen\\nwho is not related in any way to all children for whom child care\\nservices are or will be provided, resides in the household where child\\ncare is, or is proposed to be provided, engaged in conduct listed in\\nparagraph (a) of this subdivision.\\n 3-a. (a) In relation to child day care programs and any enrolled\\nlegally-exempt provider, when a clearance conducted pursuant to this\\nsection reveals that any existing operator, director, caregiver, or\\nperson over the age of eighteen who is not related in any way to all\\nchildren for whom child care services are or will be provided, that\\nresides in a home where child care is provided in a home setting where\\nthe child does not reside has been convicted of a crime other than one\\nset forth in subparagraph (iv) of paragraph (a) of subdivision three of\\nthis section, and unless such crime is eligible for expungement pursuant\\nto section 160.50 of the criminal procedure law, the office of children\\nand family services shall conduct a safety assessment of the program and\\ntake all appropriate steps to protect the health and safety of the\\nchildren in the program, and may deny, limit, suspend, revoke or reject\\nsuch program's license or registration or terminate or reject such\\nprogram's enrollment, as applicable, unless the office of children and\\nfamily services, determines in its discretion, that continued operation\\nby the child day care program or enrolled legally-exempt provider will\\nnot in any way jeopardize the health, safety or welfare of the children\\ncared for in the program or by the provider.\\n (b) In relation to child day care programs and any enrolled\\nlegally-exempt provider, when a clearance conducted pursuant to this\\nsection reveals that any existing employee or volunteer with the\\npotential for unsupervised contact with children has been convicted of a\\ncrime other than one set forth in subparagraph (iv) of paragraph (a) of\\nsubdivision three of this section, and unless such crime is eligible for\\nexpungement pursuant to section 160.50 of the criminal procedure law,\\nthe office of children of family services shall conduct a safety\\nassessment of the program and take all appropriate steps to protect the\\nhealth and safety of the children in the program. The office of children\\nand family services may direct the program or provider to terminate the\\nemployee or volunteer based on such a conviction, consistent with\\narticle twenty-three-A of the correction law.\\n (c) (i) In relation to any child day care programs and any enrolled\\nlegally-exempt providers, where a clearance conducted pursuant to this\\nsection reveals a conviction for a crime other than one set forth in\\nsubparagraph (iv) of paragraph (a) of subdivision three of this section,\\nand unless such crime is eligible for expungement pursuant to section\\n160.50 of the criminal procedure law, for any prospective employee or\\nvolunteer, the office of children and family services may direct that\\nsuch person not be hired, as applicable, based on such a conviction,\\nconsistent with article twenty-three-A of the correction law.\\n (ii) In relation to any child day care program and any enrolled\\nlegally-exempt provider, when a clearance conducted pursuant to this\\nsection reveals a conviction for a crime other than one set forth in\\nsubparagraph (iv) of paragraph (a) of subdivision three of this section,\\nand unless such crime is eligible for expungement pursuant to section\\n160.50 of the criminal procedure law, for any prospective caregiver\\nseeking enrollment, or applicant to be a director or operator, the\\noffice of children and family services may deny the application or\\nenrollment, consistent with article twenty-three-A of the correction\\nlaw.\\n (d) (i) Where a clearance conducted pursuant to this section reveals\\nthat an applicant to be the operator or director of a child day care\\nprogram, or applicant to be a caregiver, or anyone who is not related in\\nany way to all children for whom child care services will be provided,\\nresides in the home over the age of eighteen where child day care is\\nproposed to be provided to children in a home-based setting has been\\ncharged with a crime, the office of children and family services shall\\nhold the application in abeyance until the charge is finally resolved.\\n (ii) Where a clearance conducted pursuant to this section reveals that\\nthe current operator or director of a child day care program, or any\\nperson over the age of eighteen who is not related in any way to all\\nchildren for whom child care services will be provided, that resides in\\na home where child day care is provided has been charged with a crime,\\nthe office of children and family services shall conduct a safety\\nassessment of the program and take all appropriate steps to protect the\\nhealth and safety of children in the program. The office of children and\\nfamily services may suspend a license or registration or terminate\\nenrollment based on such a charge when necessary to protect the health\\nand safety of children in the program.\\n (iii) Where a clearance conducted pursuant to this section reveals\\nthat an existing caregiver, volunteer or an existing employee of an\\nenrolled legally-exempt provider or any person over the age of eighteen\\nthat resides in a home where the child care is provided by an enrolled\\nlegally-exempt provider in a home setting where the child does not\\nreside, has been charged with a crime, the office of children and family\\nservices shall take one or more of the following steps:\\n (A) Conduct a safety assessment; or\\n (B) Take all appropriate steps to protect the health and safety of\\nchildren in the program.\\n (iv) Where a clearance conducted pursuant to this section reveals that\\nan applicant to be an employee or volunteer with the potential for\\nunsupervised contact with children of a child day care program or\\nenrolled legally-exempt provider has been charged with a crime, the\\noffice shall hold the application in abeyance until the charge is\\nfinally resolved.\\n (v) Where a clearance conducted pursuant to this section reveals that\\na current employee, or current volunteer with the potential for\\nunsupervised contact with children of a child day care program has been\\ncharged with a crime, the office of children and family services shall\\nconduct a safety assessment of the program and take all appropriate\\nsteps to protect the health and safety of the children in the program.\\n 3-b. All persons who are subjected to a criminal history and\\nbackground clearance and safety assessment pursuant to this section who\\nthe office of children and family services determines: (i) should be\\ndenied enrollment, employment, or the ability to volunteer pursuant to a\\nbackground clearance analysis performed by the office of children and\\nfamily services, and (ii) where such denial is not based on an offense\\nlisted in paragraph (a) of subdivision three of this section, shall have\\nthe ability to request a de novo review of the article twenty-three-a of\\nthe correction law determination in an administrative hearing before an\\nadministrative law judge, to be held and completed before the present\\nemployer is notified of such clearance determination. Such person shall\\nhave reasonable notice concerning the determination, and information\\nregarding how to request a hearing to review that determination, and an\\nopportunity to provide any additional information that such person deems\\nrelevant to such determination. Such person may choose to be heard in\\nperson, by video conference if reasonably available, or through\\nsubmission of written materials. Where such request is made, the office\\nof children and family services shall also have an opportunity to be\\nheard.\\n 4. Prior to making a determination to deny an application pursuant to\\nsubdivision three of this section, the office of children and family\\nservices shall afford the applicant an opportunity to explain, in\\nwriting, why the application should not be denied.\\n 5. Notwithstanding any other provision of law to the contrary, the\\noffice of children and family services, upon receipt of a criminal\\nhistory record from the division of criminal justice services, may\\nrequest, and is entitled to receive, information pertaining to any crime\\ncontained in such criminal history record from any state or local law\\nenforcement agency, district attorney, parole officer, probation officer\\nor court for the purposes of determining whether any ground relating to\\nsuch criminal conviction or pending criminal charge exists for denying a\\nlicense, registration, application or employment.\\n 6. The office of children and family services shall pay any required\\nprocessing fee for a criminal history or sex offender clearance pursuant\\nto this section. The office of children and family services shall\\npromptly submit fingerprints obtained pursuant to this section and such\\nprocessing fee to the division of criminal justice services.\\n 7. Where the office of children and family services or its designee\\ndenies or directs a child day care or an enrolled legally-exempt\\nprovider to deny an application based on the criminal history record;\\n(a) the provider must notify the applicant that such record is the basis\\nof the denial; and (b) the office of children and family services shall\\nalso notify as the case may be, such current or prospective operator,\\ndirector, employee, assistant, legally exempt provider, volunteer with\\nthe potential for unsupervised contact with children or other person\\neighteen years of age or older, who resides in the home where care is\\nprovided, other than the child's home, that the criminal record check\\nwas the basis for the denial of clearance and shall provide such\\nindividual with a copy of the results of the national criminal record\\ncheck upon which such denial was based together with a written statement\\nsetting forth the reasons for such denial, as well as a copy of article\\ntwenty-three-A of the correction law and inform such individual of his\\nor her right to seek correction of any incorrect information contained\\nin such national record check provided by the federal bureau of\\ninvestigation.\\n 8. Any safety assessment required pursuant to this section shall\\ninclude a review of the duties of the individual, the extent to which\\nsuch individual may have contact with children in the program or\\nhousehold and the status and nature of the criminal charge or\\nconviction. Where the office of children and family services performs\\nthe safety assessment, it shall thereafter take all appropriate steps to\\nprotect the health and safety of children receiving care in the child\\nday care center, school age child care program, family day care home or\\ngroup family day care home.\\n 9. (a) Any criminal history record provided by the division of\\ncriminal justice services, and any summary of the criminal history\\nrecord provided by the office of children and family services to a\\nperson that receives a clearance pursuant to this section, is\\nconfidential and shall not be available for public inspection; provided,\\nhowever, nothing herein shall prevent the office of children and family\\nservices from disclosing criminal history information or the individual\\nfrom disclosing his or her criminal history information at any\\nadministrative or judicial proceeding relating to the denial or\\nrevocation of an application, employment, license or registration. The\\nsubject of a criminal history review conducted pursuant to this section\\nshall be entitled to receive, upon written request, a copy of the\\nsummary of the criminal history record. Unauthorized disclosure of such\\nrecords or reports shall be subject to civil penalties in accordance\\nwith the provisions of subdivision eleven of section three hundred\\nninety of this title.\\n (b) The office of children and family services shall not release the\\ncontent of the results of the nationwide criminal history record check\\nconducted by the federal bureau of investigation in accordance with this\\nsubdivision to any non-public entity.\\n 10. A child day care or enrolled legally-exempt provider shall advise\\nthe office of children and family services when an individual who is\\nsubject to criminal history record review in accordance with subdivision\\none or two of this section is no longer subject to such review. The\\noffice of children and family services shall inform the division of\\ncriminal justice services when an individual who is subject to criminal\\nhistory review is no longer subject to such review so that the division\\nof criminal justice services may terminate its retain processing with\\nregard to such person. At least once a year, the office of children and\\nfamily services will be required to conduct a validation of the records\\nmaintained by the division of criminal justice services.\\n 11. Child day care centers which are not subject to the provisions of\\nsection three hundred ninety of this title shall not be subject to the\\nprovisions of this section, provided however, that the city of New York\\nshall require that such child day care centers meet the requirements of\\nany federal laws and regulations pertaining to the child care\\ndevelopment and block grant and the related federally approved plans of\\nthe state of New York.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-C", "title" : "Notice of pesticide applications", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-C", "activeDate" : "2014-09-22", "sequenceNo" : 501, "repealedDate" : null, "fromSection" : "390-C", "toSection" : "390-C", "text" : " * § 390-c. Notice of pesticide applications. 1. For the purposes of\\nthis section the following terms shall have the meanings set forth\\nbelow:\\n (a) \"Pesticide\" shall have the same meaning as in subdivision\\nthirty-five of section 33-0101 of the environmental conservation law.\\n (b) \"Daycare facility\" shall mean licensed and registered child\\ndaycare homes, programs and facilities.\\n 2. Each daycare facility shall be subject to the following notice\\nrequirements when pesticides are used at such facility:\\n (a) A notice of each pesticide application shall be posted in a common\\narea of the facility which is conspicuously visible to persons dropping\\noff or picking up children from the facility. Such notice shall be\\nposted not less than forty-eight hours prior to the pesticide\\napplication.\\n (b) The notice required to be posted pursuant to paragraph (a) of this\\nsubdivision shall include at a minimum:\\n (i) the location and specific date of the application at the daycare\\nfacility. In case of outdoor applications the notice must provide a\\nspecific date, and may include two alternative dates in case the\\napplication cannot be made due to weather conditions.\\n (ii) the product name and pesticide registration number assigned by\\nthe United States Environmental Protection Agency.\\n (iii) the following statement \"This notice is to inform you of a\\npending pesticide application at this facility. You may wish to discuss\\nwith a representative of the daycare facility what precautions are being\\ntaken to protect your child from exposure to these pesticides. Further\\ninformation about the product or products being applied, including any\\nwarnings that appear on the label of the pesticide or pesticides that\\nare pertinent to the protection of humans, animals or the environment,\\ncan be obtained by calling the National Pesticide Telecommunications\\nNetwork Information at 1-800-858-7378 or the New York State Department\\nof Health Center for Environmental Health Info line at 1-800-458-1158\".\\n (iv) the name of a representative of the daycare facility and contact\\nnumber for additional information.\\n (c) For purposes of this section the following pesticide applications\\nshall not be subject to the notification posting requirements:\\n (i) the application of anti microbial pesticides and anti microbial\\nproducts as defined by FIFRA in 7 U.S.C. §136 (mm) and 136q (h) (2);\\n (ii) the use of an aerosol product with a directed spray, in\\ncontainers of eighteen fluid ounces, or less, when used to protect\\nindividuals from an imminent threat from stinging and biting insects\\nincluding venomous spiders, bees, wasps and hornets. This section shall\\nnot exempt from notification the use of any fogger product or aerosol\\nproduct that discharges to a wide area;\\n (iii) any application where the daycare facility remains unoccupied\\nfor a continuous seventy-two hour period following the application of\\nthe pesticide;\\n (iv) nonvolatile rodenticides in tamper resistant bait stations or in\\nareas inaccessible to children;\\n (v) silica gels and other nonvolatile ready-to-use, paste, foam or gel\\nformulations of insecticides in areas inaccessible to children;\\n (vi) nonvolatile insecticidal baits in tamper resistant bait stations\\nor in areas inaccessible to children;\\n (vii) application of a pesticide classified by the United States\\nEnvironmental Protection Agency as an exempt material under section 40\\nCFR Part 152.25;\\n (viii) boric acid and disodium octaborate tetrahydrate;\\n (ix) the application of a pesticide which the United States\\nEnvironmental Protection Agency has determined satisfies its reduced\\nrisk criteria, including a biopesticide; or\\n (x) any emergency application of a pesticide when necessary to protect\\nagainst an imminent threat to human health, provided however, that prior\\nto any such emergency application, the person making such application\\nshall make a good faith effort to supply the written notice required\\npursuant to this section. Upon making such an emergency application, the\\nperson making such application shall notify the commissioner of health,\\nusing a form developed by such commissioner for such purposes that shall\\ninclude minimally the name of the person making the application, the\\npesticide business registration number or certified applicator number of\\nthe person making such application, the location and date of such\\napplication, the product name and USEPA registration number of the\\npesticide applied and the reason for such application. The commissioner\\nof health shall review such form to ensure that the circumstance did\\nwarrant such emergency application. Such forms shall be kept on file at\\nthe department of health for three years from the date of application\\nand shall be available to any individual upon request.\\n 3. Any person, other than a daycare facility, who contracts for the\\napplication of a pesticide at a daycare facility shall provide to such\\nfacility operator information required to be contained in the posting\\npursuant to subdivision two of this section at least forty-eight hours\\nprior to such application.\\n 4. (a) Any daycare facility that violates the provisions of\\nsubdivision two of this section shall, for a first such violation of\\nthis section, in lieu of penalty, be issued a written warning and shall\\nalso be issued educational materials pursuant to subdivision two of\\nsection 33-1005 of the environmental conservation law. Such facility\\nshall, however, for a second violation, be liable to the people of the\\nstate for a civil penalty not to exceed one hundred dollars, and not to\\nexceed two hundred fifty dollars for any subsequent violation, such\\npenalties to be assessed by the commissioner after a hearing or\\nopportunity to be heard.\\n (b) Any person who violates subdivision three of this section shall,\\nfor a first such violation of this section, in lieu of penalty, be\\nissued a written warning, and shall also be issued educational materials\\npursuant to subdivision two of section 33-1005 of the environmental\\nconservation law. Such person shall, however, for a second violation, be\\nliable to the people of the state for a civil penalty not to exceed one\\nhundred dollars, and not to exceed two hundred fifty dollars for any\\nsubsequent violation, such penalties to be assessed by the commissioner\\nof environmental conservation after a hearing or opportunity to be\\nheard.\\n * NB There are 2 § 390-c's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-C*2", "title" : "Additional powers and duties of the office of children and family services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-12-03" ], "docLevelId" : "390-C*2", "activeDate" : "2021-12-03", "sequenceNo" : 502, "repealedDate" : null, "fromSection" : "390-C*2", "toSection" : "390-C*2", "text" : " * § 390-c. Additional powers and duties of the office of children and\\nfamily services. 1. The commissioner of children and family services is\\nauthorized and directed to promulgate necessary rules and regulations to\\nensure that, whenever a child day care provider is licensed or\\nregistered pursuant to section three hundred ninety of this article, the\\npolice department and fire department of the municipality wherein such\\nlicensee or registrant is authorized to operate and the state police\\nshall be notified of the existence of the child day care center, its\\nlocation and the fact that children are likely to be at that location in\\nthe event of an emergency. In those cases where the local municipality\\ndoes not have a police department or a fire department, the sheriff of\\nthe appropriate county shall be notified in lieu thereof.\\n 2. The commissioner of children and family services is authorized and\\ndirected to conduct a study to determine the best method of compiling an\\naccurate and accessible central record of information regarding the safe\\noperation of each day care center licensed or registered within the\\nstate. Such record should include but not be limited to complaints by\\nparents or guardians, internal incident reports, reports by police or\\nfire departments, local or state building code violations, any relevant\\ninformation gathered from utility providers or other visitors to the day\\ncare center and any additional information held by another state or\\nlocal agency regarding a day care provider or a day care center location\\nwhich could affect safe operation of a day care center.\\n 3. On or before the thirtieth day of June in the year next succeeding\\nthe year in which this section takes effect, the commissioner of\\nchildren and family services shall report to the governor, the temporary\\npresident of the senate and the speaker of the assembly regarding the\\nresults of the study undertaken pursuant to subdivision two of this\\nsection.\\n 4. The commissioner of children and family services is authorized and\\ndirected, no later than one year from the effective date of this\\nsubdivision, to promulgate rules and regulations to require that local\\nsocial services districts offer child day care providers, as defined in\\nsection three hundred ninety of this title, the option to be paid any\\nmonies owed for providing subsidized child care by a deposit directly\\ninto a bank account of the child day care provider. Such direct deposit\\nshall only be made at the express written consent of the provider and\\nshall be requested on forms provided by the local social services\\ndistrict and duly filled in by the provider. Such written consent can be\\nrevoked at any time by the provider in writing on forms provided by the\\nlocal social services district.\\n * NB There are 2 § 390-c's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-D", "title" : "Requiring barriers to be placed around swimming pools and bodies of water on the grounds of family day care homes or group family day car...", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-D", "activeDate" : "2014-09-22", "sequenceNo" : 503, "repealedDate" : null, "fromSection" : "390-D", "toSection" : "390-D", "text" : " § 390-d. Requiring barriers to be placed around swimming pools and\\nbodies of water on the grounds of family day care homes or group family\\nday care homes. 1. For the purposes of this section the following terms\\nshall have the meanings set forth below:\\n (a) \"Grounds of a family day care home or group family day care home\"\\nshall mean in, on or within any building, structure or land contained\\nwithin the real property boundary line of a family day care home or a\\ngroup family day care home.\\n (b) \"Swimming pool\" shall mean any outdoor pool or tub intended for\\nswimming, bathing or wading purposes.\\n (c) \"Bodies of water\" shall include, but not limited to, ponds,\\nsprings, streams, creeks, lakes, rivers and oceans.\\n (d) \"Barriers\" shall mean all fences, enclosures or other materials\\nsufficient to form an obstruction to the free passage of persons through\\nsuch materials.\\n 2. (a) Any swimming pool or body of water located on the grounds of a\\nfamily day care home or group family day care home shall be surrounded\\nby a barrier sufficient to form an obstruction to the free passage of\\nchildren through such barrier into such swimming pool or body of water.\\nSuch barrier shall be adequate to make such swimming pool or body of\\nwater inaccessible to children which, including gates thereto, shall be\\nat least four feet high from the adjacent ground. All such gates shall\\ninclude a locked barrier which shall be located at least four feet high\\nabove the adjacent ground or otherwise made inaccessible to children\\nfrom the outside.\\n (b) Where a body of water is present and not wholly contained within\\nthe grounds of family day care home or group family day care home, the\\ngrounds of such home must be surrounded and enclosed by a barrier\\nsufficient to make such body of water inaccessible to children.\\n (c) All pathways, walkways, decks or any other connecting entrance to\\nsuch swimming pool or body of water shall be obstructed by a barrier\\nsufficient to impede the free passage of children into or around the\\narea immediately adjacent to such swimming pool or body of water.\\n (d) Swimming pools or bodies of water that are entirely covered by a\\nsolid object which is secured by sufficient weight, locking apparatus,\\nand/or other device that would prevent a child in care from removing the\\nsolid object and accessing the swimming pool or body of water, shall be\\nconsidered a sufficient barrier for the purposes of this section.\\n (e) As an alternative to surrounding the pool or other body of water\\nlocated on the grounds of a family day care home or group family day\\ncare home with a barrier as described in paragraph (a) of this\\nsubdivision, the day care provider may use the property for day care if\\nthe provider bars access to such pool or other body of water by\\nsurrounding a part of the grounds not including such pool or other body\\nof water with a barrier as described in paragraph (a) of this\\nsubdivision provided that:\\n (i) There is no unsecured means of egress from the home by which\\nchildren could gain access to the pool or other body of water. For\\npurposes of this paragraph, the day care provider may secure a door or\\nother means of egress that is remotely located from the pool or other\\nbody of water by use of an alarm device or system that will alert the\\nday care provider if the door or other means of egress is opened;\\n (ii) All children in care are directly and closely supervised by the\\nprovider or an assistant at all times the children are outside the home\\nor other dwelling where the day care is provided; and\\n (iii) The parents or guardians of each child in care have submitted to\\nthe provider a written acknowledgment that the pool or other body of\\nwater exists, that a barrier as otherwise required by this section has\\nnot been provided, and that the children will have the potential for\\naccess to the pool or other body of water.\\n (f) Where a natural barrier or other obstacle located on the property\\nlies between the pool or body of water and the building in which the\\nfamily or group family day care is provided such that the natural\\nbarrier or other obstacle prevents access by children in care to the\\npool or body of water, a fence or additional barrier as otherwise\\nrequired by this section shall not be required and the day care provider\\nmay use the property for day care provided that:\\n (i) There is no unsecured means of egress from the home by which\\nchildren could gain access to the pool or other body of water. For\\npurposes of this paragraph, the day care provider may secure a door or\\nother means of egress that is remotely located from the pool or other\\nbody of water by use of an alarm device or system that will alert the\\nday care provider if the door or other means of egress is opened;\\n (ii) All children in care are directly and closely supervised by the\\nprovider or an assistant at all times the children are outside the home\\nor other dwelling where the day care is provided; and\\n (iii) The parents or guardians of each child in care have submitted to\\nthe provider a written acknowledgment that the pool or other body of\\nwater exists, that a barrier as otherwise required by this section has\\nnot been provided, and that the children will have the potential for\\naccess to the body of water.\\n In determining what constitutes a natural barrier or other obstacle\\nfor purposes of this paragraph, the presence of natural and artificial\\nterrain features or constructs may be considered along with the distance\\nbetween the building in which the family or group family day care is\\nprovided and the pool or body of water.\\n 3. Where a swimming pool or body of water is located on a property\\nadjacent to a family or group family day home, the child day care\\nprovider must take suitable precautions to prevent the children in care\\nfrom having access to the adjacent swimming pool or body of water,\\nincluding taking any precautions specifically required by the office of\\nchildren and family services to protect the safety of children receiving\\nday care.\\n 4. Nothing in this section shall preclude local authorities with\\nenforcement jurisdiction of the applicable sanitation, health, fire\\nsafety or building construction code from making appropriate inspections\\nto assure compliance with such standards.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-E", "title" : "Criminal history review; mentoring programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-E", "activeDate" : "2014-09-22", "sequenceNo" : 504, "repealedDate" : null, "fromSection" : "390-E", "toSection" : "390-E", "text" : " § 390-e. Criminal history review; mentoring programs. 1. For the\\npurposes of this section, the following words shall have the following\\nmeanings:\\n (a) \"Prospective employee\" shall mean a person being considered for\\nemployment by a mentoring program.\\n (b) \"Prospective mentor\" shall mean an individual who is currently\\napplying to volunteer to help a child or a group of children in a\\nmentoring program for a period of time. Such help shall include, but not\\nbe limited to, being a positive role model for youth, building\\nrelationships with youth, and providing youth with academic assistance\\nand exposure to new experiences and examples of opportunity that enhance\\nthe ability of children to become responsible adults.\\n (c) \"Mentoring program\" shall mean a formalized program, operated by a\\ncorporation which has been incorporated pursuant to subparagraph five of\\nparagraph (a) of section one hundred two of the not-for-profit\\ncorporation law or pursuant to subparagraph four of paragraph (a) of\\nsection one hundred two of the business corporation law, or operated by\\nan educational institution or school district, that matches youth with\\nadult volunteers with the purpose of providing such youth with positive\\nrole models to enhance their development.\\n (d) \"Office\" shall mean the office of children and family services.\\n 2. Mentoring programs may perform a criminal history record check on\\nall prospective employees and mentors.\\n 3. Notwithstanding any other provision of law to the contrary, subject\\nto the rules and regulations of the division of criminal justice\\nservices, mentoring programs may apply for a criminal history record\\ncheck with the division of criminal justice services regarding any\\nprospective employee or any prospective mentor who may engage in\\nunsupervised activities with youth or in activities with youth in a\\nsetting without constant agency or parental oversight. Each mentoring\\nprogram that chooses to complete such criminal background checks on\\nprospective employees or on prospective mentors shall establish a policy\\nfor completing criminal background checks on such prospective employees\\nor mentors. Such policy shall apply one uniform standard for the\\ncompletion of criminal background checks for all prospective employees\\nand one uniform standard for the completion of criminal background\\nchecks for all prospective mentors. Any mentoring program that chooses\\nto complete criminal background checks on both prospective employees and\\nprospective mentors may utilize the same uniform process for the\\ncompletion of the criminal background checks on prospective employees\\nand prospective mentors or they may choose one uniform process for\\nprospective employees and another uniform process for prospective\\nmentors.\\n 4. Every mentoring program that chooses to apply for a criminal\\nhistory background check with the division of criminal justice services\\nshall obtain a set of fingerprints from each individual for whom a\\ncriminal background check is to be completed and such other information\\nas is required by the office and the division of criminal justice\\nservices. For each prospective employee or mentor for whom the\\nmentoring program completes a criminal background check, the mentoring\\nprogram shall provide the applicant with blank fingerprint cards and a\\ndescription of how the completed fingerprint card will be used upon\\nsubmission to the mentoring program. The mentoring program shall\\npromptly transmit such fingerprint card and the processing fee to the\\noffice. The office shall promptly submit the fingerprint card and the\\nprocessing fee, imposed pursuant to subdivision eight-a of section eight\\nhundred thirty-seven of the executive law, to the division of criminal\\njustice services for its full search and retain processing.\\n 5. Upon receipt of a criminal history record from the division of\\ncriminal justice services, the office shall promptly provide to the\\nmentoring program the criminal history record, if any, with respect to\\nthe prospective employee or mentor, or a statement that the individual\\nhas no criminal history record.\\n 6. Upon receipt of the results of a criminal background check pursuant\\nto this section, the mentoring program shall determine whether or not\\nthe prospective employee or mentor shall be offered employment or the\\nopportunity to volunteer with the program. Such determination shall be\\nmade in accordance with the criteria established in section seven\\nhundred fifty-two of the correction law.\\n 7. Upon the request of any person previously convicted of one or more\\ncriminal offenses who has been denied employment pursuant to subdivision\\nsix of this section, the mentoring program shall provide, within thirty\\ndays of such request, a written statement setting forth the reasons for\\nsuch denial. Any such person denied employment pursuant to subdivision\\nsix of this section shall be afforded the opportunities for enforcement\\navailable pursuant to section seven hundred fifty-five of the correction\\nlaw.\\n 8. Notwithstanding the provisions of this section, with the exception\\nof a sex offense or a crime against a child, a custodial parent or\\nguardian may sign a waiver authorizing a mentor to work with his or her\\nchild regardless of a criminal charge or crime related to a mentor. Such\\nprocess shall only be initiated upon the consent of the prospective\\nmentor, and be on a form and of a content to be developed by the office.\\nWhere applicable, a mentoring program may notify a custodial parent or\\nguardian of his or her waiver right, but a waiver shall only be\\nauthorized by a custodial parent or guardian.\\n 9. Any criminal history record provided to a mentoring program\\npursuant to this section shall be confidential pursuant to the\\napplicable federal and state laws, rules and regulations, and shall not\\nbe published or in any way disclosed to persons other than authorized\\npersonnel, unless otherwise authorized by law.\\n 10. Every mentoring program shall provide each custodial parent or\\nguardian of every child participating in its mentoring program with a\\ndescription of the kind of criminal background checks conducted by the\\nmentoring program on its prospective employees and mentors. Such\\ndescription shall include identification of the source utilized to\\nobtain criminal background histories on prospective employees and\\nmentors, a list of crimes that would lead the program to deny employment\\nor the opportunity to volunteer as a prospective employee or mentor, and\\nany other process utilized to determine whether or not a prospective\\nemployee or mentor with a conviction record shall be offered employment\\nor the opportunity to volunteer. Such description shall clearly state\\nwhether or not prospective employees or mentors may be hired or offered\\nthe opportunity to volunteer despite the existence of a conviction\\nhistory.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-F", "title" : "Report on child care insurance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-F", "activeDate" : "2014-09-22", "sequenceNo" : 505, "repealedDate" : null, "fromSection" : "390-F", "toSection" : "390-F", "text" : " § 390-f. Report on child care insurance. The commissioner of the\\noffice of children and family services in consultation with the\\nsuperintendent of financial services, shall undertake a study of the\\navailability, accessibility, and affordability of insurance policies to\\nchild care providers. The study shall include, but not be limited to, a\\nreview of homeowner insurance policies and health insurance policies.\\nThe study shall be completed and a report submitted no later than\\nJanuary first, two thousand nine, to the governor, the commissioner of\\nthe office of children and family services, the temporary president of\\nthe senate and the speaker of the assembly.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-G", "title" : "Pesticide alternatives", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-G", "activeDate" : "2014-09-22", "sequenceNo" : 506, "repealedDate" : null, "fromSection" : "390-G", "toSection" : "390-G", "text" : " § 390-g. Pesticide alternatives. 1. For purposes of this section the\\nfollowing terms shall have the meanings set forth below:\\n (a) \"Day care\" shall apply to all child day care centers or head start\\nday care centers, as defined in section three hundred ninety of this\\ntitle.\\n (b) \"Pesticide\" shall have the same meaning as set forth in\\nsubdivision thirty-five of section 33-0101 of the environmental\\nconservation law, provided however that it shall not include:\\n (i) the application of anti-microbial pesticides and anti-microbial\\nproducts as defined by FIFRA in 7 U.S.C. Section 136(mm) and 136q(h)(2);\\n (ii) the use of an aerosol product with a directed spray, in\\ncontainers of eighteen fluid ounces or less, when used to protect\\nindividuals from an imminent threat from stinging and biting insects,\\nincluding venomous spiders, bees, wasps and hornets;\\n (iii) the use of non-volatile insect or rodent bait in a tamper\\nresistant container;\\n (iv) the application of a pesticide classified by the United States\\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\\n152.25;\\n (v) the use of boric acid and disodium octaborate tetrahydrate; or\\n (vi) the use of horticultural soap and oils that do not contain\\nsynthetic pesticides or synergists.\\n 2. No day care shall apply pesticide to any playgrounds, turf,\\nathletic or playing fields, except that an emergency application of a\\npesticide may be made as determined by the county health department or\\nfor a county not having a health department such authority as the county\\nlegislature shall designate, the commissioner of health or his or her\\ndesignee, the commissioner of environmental conservation or his or her\\ndesignee, or, in the case of a public school, the school board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-H", "title" : "Notice requirement before closing certain day care centers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "390-H", "activeDate" : "2014-09-22", "sequenceNo" : 507, "repealedDate" : null, "fromSection" : "390-H", "toSection" : "390-H", "text" : " § 390-h. Notice requirement before closing certain day care centers.\\n1. For the purposes of this section, the following terms shall have the\\nfollowing meanings:\\n (a) \"Child day care center\" shall mean a child day care center as\\ndefined in paragraph (c) of subdivision one of section three hundred\\nninety of this title.\\n (b) \"Person legally responsible\" shall mean a person legally\\nresponsible as defined in subdivision (g) of section one thousand twelve\\nof the family court act.\\n 2. (a) Notwithstanding any other provision of law to the contrary, in\\na city having a population of one million or more, if the social\\nservices district seeks to close a child day care center under contract\\nwith such district, it shall provide at least six months written notice\\nto the child day care center and the parents or persons legally\\nresponsible for children enrolled in such centers, prior to the closing.\\n (b) Paragraph (a) of this subdivision shall not apply in cases where a\\nlocal social services district seeks to close a child day care center\\nfor violating the regulations of the office of children and family\\nservices, or for health and safety reasons.\\n (c) Paragraph (a) of this subdivision shall not apply in cases where a\\nlocal social services district seeks to close a child day care center on\\nan expedited basis for reasons of public safety, criminal behavior by\\nthe center, breach of contract with the local social services district,\\nsuspension or revocation of the center's license for non-economic\\nreasons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-I", "title" : "Notice of inspection report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-01-09" ], "docLevelId" : "390-I", "activeDate" : "2015-01-09", "sequenceNo" : 508, "repealedDate" : null, "fromSection" : "390-I", "toSection" : "390-I", "text" : " § 390-i. Notice of inspection report. In every child day care program\\nthat is licensed or registered pursuant to section three hundred ninety\\nof this title, the child day care provider shall post and maintain in a\\nprominent place, a notice, to be provided by the office of children and\\nfamily services, that shall state the date the most recent child care\\ninspection occurred and provide information for parents and caregivers\\nregarding how to obtain information from such office regarding the\\nresults of the inspection. If possible, the child day care provider\\nshall also post such information on the child day care program's\\nwebsite. Such child day care programs shall post and maintain, in a\\nprominent place, such program's most recent compliance history as shown\\non the office of children and family services website.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-J", "title" : "Performance summary card in a city having a population of one million or more", "docType" : "SECTION", "publishedDates" : [ "2017-01-06", "2017-01-13", "2018-01-05" ], "docLevelId" : "390-J", "activeDate" : "2018-01-05", "sequenceNo" : 509, "repealedDate" : null, "fromSection" : "390-J", "toSection" : "390-J", "text" : " § 390-j. Performance summary card in a city having a population of one\\nmillion or more. 1. Definitions. For the purposes of this section, the\\nfollowing terms shall have the following meanings:\\n (a) \"Child care service\" shall mean any person who provides child day\\ncare in a city having a population of one million or more that is\\nrequired to obtain a permit to operate pursuant to the health code of\\nsuch city.\\n (b) \"Performance summary card\" shall mean an individualized placard\\nthat summarizes the health and safety inspections of a child care\\nservice to reflect its compliance with applicable laws. The performance\\nsummary card shall summarize recent inspection violations and\\nsuspensions as required by rules promulgated by the department issuing\\nsuch card. A performance summary card may also include additional\\ninformation such as the capacity of the child care service, the length\\nof time for which such child care service has operated, a comparison of\\nthe child care service to other child care services in the same social\\nservices district, and other information required by such department's\\nrules.\\n 2. Performance summary card. The department of health and mental\\nhygiene of a city having a population of one million or more shall issue\\na performance summary card to each child care service that is required\\nto be permitted by the board of health of such city. Such performance\\ncard shall be updated and reissued by such department at least once\\nevery twelve months. The child care service shall conspicuously post its\\nmost recently issued performance summary card at or near its entrance in\\naccordance with rules promulgated by such department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-K", "title" : "Child care availability taskforce", "docType" : "SECTION", "publishedDates" : [ "2017-12-22", "2018-04-27", "2021-12-31", "2022-03-04" ], "docLevelId" : "390-K", "activeDate" : "2022-03-04", "sequenceNo" : 510, "repealedDate" : null, "fromSection" : "390-K", "toSection" : "390-K", "text" : " * § 390-k. Child care availability taskforce. 1. There shall be\\nestablished within the office of children and family services a child\\ncare taskforce for the purpose of evaluating the need for and\\navailability of child care throughout the state.\\n 2. The taskforce shall be chaired by a representative of the executive\\nchamber and the commissioners of the office of children and family\\nservices and the department of labor, or their designees. Members of the\\ntaskforce shall serve without compensation for three year terms, but may\\nbe reimbursed for actual costs incurred for participation on such\\ntaskforce. Ensuring adequate geographic, racial and ethnic\\nrepresentation, members of the taskforce shall be appointed by the\\ngovernor and comprised as follows:\\n (a) four individuals shall be appointed upon the recommendation of the\\nspeaker of the assembly, at least one of whom shall be a parent who has\\nutilized subsidized child care and at least one of whom shall be a\\nparent who has utilized unsubsidized child care, from different regions\\nof the state;\\n (b) four individuals shall be appointed upon the recommendation of the\\ntemporary president of the senate, at least one of whom shall be a\\nparent who has utilized subsidized child care and at least one of whom\\nshall be a parent who has utilized unsubsidized child care, from\\ndifferent regions of the state;\\n (c) one individual shall be appointed upon the recommendation of the\\nminority leader of the assembly;\\n (d) one individual shall be appointed upon the recommendation of the\\nminority leader of the senate;\\n (e)two representatives of a child care resource and referral agency;\\n (f) a minimum of three and a maximum of four representatives of\\nhome-based child care providers;\\n (g) a minimum of three and a maximum of four representatives of\\ncenter-based child care providers;\\n (h) two representatives from the business community;\\n (i) two representatives from unions that represent child care\\nproviders; and\\n (j) at least one representative from each of the following entities:\\n (i) the office of temporary and disability assistance;\\n (ii) the council on children and families;\\n (iii) the department of taxation and finance;\\n (iv) a regional economic development council;\\n (v) the state university of New York or the city university of New\\nYork;\\n (vi) the state education department;\\n (vii) the early childhood advisory council;\\n (viii) a social service district or county government or an entity\\nthat advocates on behalf of social services or county governments; and\\n (ix) a non-profit child care advocacy organization.\\n 3. The taskforce shall:\\n (a) examine the impact of the COVID-19 pandemic on child care in New\\nYork state;\\n (b) advise the state in developing an implementation framework leading\\nto a phased-in rollout of universal child care using existing state and\\nfederal resources;\\n (c) recommend potential solutions, partnerships, or other ways to\\naddress chronic child care workforce issues and other concerns\\nidentified in the course of the examination required by this\\nsubdivision;\\n (d) assess the implementation of policies supported by federally\\nfunded programs through various stimulus packages; and\\n (e) anything else the taskforce deems necessary.\\n 4. (a) The taskforce shall report its interim findings and\\nrecommendations in accordance with subdivision three of this section to\\nthe governor, the speaker of the assembly and the temporary president of\\nthe senate no later than November first, two thousand twenty-two and its\\nfinal findings and recommendations no later than December thirty-first,\\ntwo thousand twenty-three.\\n (b) The taskforce shall also report on the implementation of any\\nrecommendations that resulted from the initial report required to be\\nproduced by the task force pursuant to subdivision four of chapter four\\nhundred ninety-three of the laws of two thousand seventeen. Such\\nadditional report shall be provided annually, beginning July first two\\nthousand twenty-two.\\n * NB Repealed December 31, 2024\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-L", "title" : "Securing of furniture", "docType" : "SECTION", "publishedDates" : [ "2019-08-16", "2020-02-14" ], "docLevelId" : "390-L", "activeDate" : "2020-02-14", "sequenceNo" : 511, "repealedDate" : null, "fromSection" : "390-L", "toSection" : "390-L", "text" : " § 390-l. Securing of furniture. 1. This section shall apply to any\\nchild day care center as defined in paragraph (c) of subdivision one of\\nsection three hundred ninety of this title, or any authorized agency as\\ndefined in paragraph (a) of subdivision ten of section three hundred\\nseventy-one of this title, including any agency boarding home or group\\nhome.\\n 2. Any facility to which this section applies shall take measures to\\nsecurely anchor to the floors or walls of such facility all items of\\nlarge furniture and all electronic appliances capable of being tipped\\nover due to design, height, weight, stability or other features, using\\nangle-braces, anchors or other anchoring devices. Any item of furniture\\nor electronic device which cannot be so anchored shall be removed from\\nthe facility.\\n 3. If a violation of the provisions of this section is discovered by\\nthe office of children and family services or any local social services\\ndistrict authorized to inspect the facility at which the violation\\noccurs, the agency discovering the violation shall provide written\\nnotice of the violation to the operator of the facility and to the\\noffice of children and family services if such office is not the\\ninspecting agency within ten calendar days of the discovery of the\\nviolation. The operator of the facility shall correct the violation\\nimmediately, upon notice. If the violation is not corrected, the office\\nof children and family services may take enforcement action in\\naccordance with the applicable sections of state law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "390-M", "title" : "Window coverings", "docType" : "SECTION", "publishedDates" : [ "2023-01-06", "2023-03-10", "2023-03-17", "2025-01-03" ], "docLevelId" : "390-M", "activeDate" : "2023-03-17", "sequenceNo" : 512, "repealedDate" : null, "fromSection" : "390-M", "toSection" : "390-M", "text" : " * § 390-m. Window coverings. 1. For purposes of this section the\\nfollowing terms shall have the meanings set forth below:\\n (a) \"Beaded chain\" means a cord with a series of small spheres,\\ntypically made of metal or plastic.\\n (b) \"Cord loop\" means a loop formed by an inner cord that does not\\ndiminish in size when the force used to create the loop is removed.\\n (c) \"Cordless window covering\" means:\\n (i) a horizontal blind or cellular shade that has no draw cord and the\\ninternal lift cord runs in the slats of the horizontal blind so that the\\ncord is incapable of forming a loop greater than 4 inches in diameter\\nresulting in a 12-inch maximum circumference;\\n (ii) a Roman shade, roll-up blind, or woven shade that has no draw\\ncord and the lift cord is completely enclosed so that it is not\\naccessible;\\n (iii) a vertical blind that has a wand as its operating mechanism and\\ndoes not contain any beaded chains, corded pulleys, or other cord loop\\noperating mechanisms; and\\n (iv) a roller shade that does not contain a cord or beaded chain.\\n (d) \"Draw cord\" means any form of rope, strap, or string used to raise\\nor lower a window covering.\\n (e) \"Internal lift cord\" means a cord that is contained inside the\\nbody and rails of the blind or shade.\\n (f) \"Wand\" means a rigid material used for manual operation.\\n 2. Any child day care center as defined in paragraph (c) of\\nsubdivision one of section three hundred ninety of this title installing\\nnew or replacement window coverings shall install cordless window\\ncoverings or window coverings with inaccessible operational and inner\\ncords.\\n 3. Any child day care center as defined in paragraph (c) of\\nsubdivision one of section three hundred ninety of this title that has\\nwindow coverings in place on the effective date of this section, shall\\nensure that all window and door blind cords, ropes, wires and other\\nstrangulation hazards are secured and inaccessible to children in\\naccordance with the regulations of the office of children and family\\nservices.\\n 4. If a child day care center fails to comply with the requirements of\\nsubdivision three of this section, the office of children and family\\nservices may require replacement of existing window coverings with\\ncordless window coverings or window coverings with inaccessible\\noperational and inner cords.\\n * NB Effective December 28, 2024\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "391", "title" : "Violation; injunction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "391", "activeDate" : "2014-09-22", "sequenceNo" : 513, "repealedDate" : null, "fromSection" : "391", "toSection" : "391", "text" : " § 391. Violation; injunction. Violations of any provision of this\\ntitle may be prohibited by injunction. Whenever the commissioner has\\nreason to believe that any provision of this title is being violated, or\\nis about to be violated, he may maintain and prosecute, in the name of\\nthe people of this state, an action in the supreme court for the purpose\\nof obtaining an injunction restraining such violation.\\n Notwithstanding any limitation of the civil practice law and rules,\\nsuch court may, on motion and affidavit, and upon proof that such\\nviolation is one which reasonably may result in injury to any person,\\nwhether or not such person is a party to such action, grant a\\npreliminary injunction or interlocutory injunction upon such terms as\\nmay be just. No security on the part of the people of this state shall\\nbe required.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "392", "title" : "Services for relative and non-relative kinship caregivers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-25", "2019-12-27" ], "docLevelId" : "392", "activeDate" : "2019-12-27", "sequenceNo" : 514, "repealedDate" : null, "fromSection" : "392", "toSection" : "392", "text" : " § 392. Services for relative and non-relative kinship caregivers. 1.\\nNotwithstanding any other provision of law to the contrary, when a local\\nsocial services district is in contact with a relative or non-relative\\nkinship caregiver or a suitable person who the district has approached\\nabout being a kinship caregiver, such district shall provide written\\ninformation as described in subdivision two of this section to such\\ncaregivers or prospective suitable persons. Such information shall also\\nbe made available through the website of both the office and the\\ndistrict and by other appropriate means in a manner accessible to\\nrelatives and non-relatives caring for children outside of the foster\\ncare system.\\n 2. Such information shall include but not be limited to:\\n a. information relating to child only grants, including but not\\nlimited to, how to apply for child only grants;\\n b. information about how to become a kinship foster parent and other\\noptions for care; and\\n c. information on how to contact the department of family assistance\\nkinship programs and any resources funded through or operating in the\\nlocal social services district for relative and non-relative kinship\\ncaregivers, including those that provide supportive services for all\\nrelative and non-relative kinship caregivers in the district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "393", "title" : "Court review of placement in a qualified residential treatment program", "docType" : "SECTION", "publishedDates" : [ "2021-04-23", "2021-10-01", "2021-10-15", "2021-11-12" ], "docLevelId" : "393", "activeDate" : "2021-11-12", "sequenceNo" : 515, "repealedDate" : null, "fromSection" : "393", "toSection" : "393", "text" : " * § 393. Court review of placement in a qualified residential\\ntreatment program. 1. The provisions of this section shall apply when a\\nchild is placed on or after September twenty-ninth, two thousand\\ntwenty-one and resides in a qualified residential treatment program, as\\ndefined in section four hundred nine-h of this article, and whose care\\nand custody were transferred to the commissioner of a local social\\nservices district in accordance with section three hundred fifty-eight-a\\nof this chapter, or whose custody and guardianship were transferred to\\nthe commissioner of a local social services district in accordance with\\nsection three hundred eighty-three-c, or three hundred eighty-four-b of\\nthis title.\\n 2. (a) Within sixty days of the start of a placement of a child\\nreferenced in subdivision one of this section in a qualified residential\\ntreatment program, the court shall:\\n (i) Consider the assessment, determination, and documentation made by\\nthe qualified individual pursuant to section four hundred nine-h of this\\narticle;\\n (ii) Determine whether the needs of the child can be met through\\nplacement in a foster family home and, if not, whether placement of the\\nchild in a qualified residential treatment program provides the most\\neffective and appropriate level of care for the child in the least\\nrestrictive environment and whether that placement is consistent with\\nthe short-term and long-term goals for the child, as specified in the\\nchild's permanency plan; and\\n (iii) Approve or disapprove the placement of the child in a qualified\\nresidential treatment program. Provided that, where the qualified\\nindividual determines that the placement of the child in a qualified\\nresidential treatment program is not appropriate in accordance with the\\nassessment required pursuant to section four hundred nine-h of this\\narticle, the court may only approve the placement of the child in the\\nqualified residential treatment program if:\\n (A) the court finds, and states in the written order that:\\n (1) circumstances exist that necessitate the continued placement of\\nthe child in the qualified residential treatment program;\\n (2) there is not an alternative setting available that can meet the\\nchild's needs in a less restrictive environment; and\\n (3) that continued placement in the qualified residential treatment\\nprogram is in the child's best interest; and\\n (B) the court's written order states the specific reasons why the\\ncourt has made the findings required pursuant to clause (A) of this\\nsubparagraph.\\n (iv) Nothing herein shall prohibit the court from considering other\\nrelevant and necessary information to make a determination.\\n (b) At the conclusion of the review, if the court disapproves\\nplacement of the child in a qualified residential treatment program the\\ncourt shall, on its own motion, determine a schedule for the return of\\nthe child and direct the local social services district to make such\\nother arrangements for the child's care and welfare that is in the best\\ninterest of the child and in the most effective and least restrictive\\nsetting as the facts of the case may require. If a new placement order\\nis necessary due to restrictions in the existing governing placement\\norder, the court may issue a new order.\\n 3. The court may, on its own motion, or the motion of any of the\\nparties or the attorney for the child, proceed with the court review\\nrequired pursuant to this section on the basis of the written records\\nreceived and without a hearing. Provided however, the court may only\\nproceed with the court review without a hearing pursuant to this\\nsubdivision upon the consent of all parties. Provided further, in the\\nevent that the court conducts the court review requirement pursuant to\\nthis section but does not conduct it in a hearing, the court shall issue\\na written order specifying any determinations made pursuant to clause\\n(A) of subparagraph (iii) of paragraph (a) of subdivision two of this\\nsection and provide such written order to the parties and the attorney\\nfor the child expeditiously, but no later than five days.\\n 4. Documentation of the court's determination pursuant to this section\\nshall be recorded in the child's case record.\\n 5. Nothing in this section shall prohibit the court's review of a\\nplacement in a qualified residential treatment program from occurring at\\nthe same time as another hearing scheduled for such child, including but\\nnot limited to the child's permanency hearing, provided such approval is\\ncompleted within sixty days of the start of such placement.\\n * NB There are 2 § 393's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "393*2", "title" : "Consideration of blindness during guardianship, custody or adoption proceedings", "docType" : "SECTION", "publishedDates" : [ "2021-10-15", "2022-01-07" ], "docLevelId" : "393*2", "activeDate" : "2022-01-07", "sequenceNo" : 516, "repealedDate" : null, "fromSection" : "393*2", "toSection" : "393*2", "text" : " * § 393. Consideration of blindness during guardianship, custody or\\nadoption proceedings. 1. The department may not deny, decide or oppose a\\npetition or request for guardianship, custody or visitation under this\\narticle solely on the basis that the petitioner, parent, guardian or\\ncustodian is blind. The blindness of the petitioner, parent, guardian or\\ncustodian shall be considered relevant only to the extent that the\\nblindness affects the best interests of the child whose guardianship,\\ncustody or visitation is the subject of the petition.\\n 2. The department shall not seek custody or guardianship of a child\\nsolely because the child's parent, guardian or custodian is blind. The\\nblindness of the parent, guardian or custodian shall be considered\\nrelevant only to the extent that the blindness affects the best\\ninterests of the child whose guardianship, custody or visitation is the\\nsubject of the petition.\\n 3. As used in this section, \"blind\" or \"blindness\" means:\\n a. vision that is 20/200 or less in the best corrected eye; or\\n b. vision that subtends an angle of not greater than twenty degrees in\\nthe best corrected eye.\\n * NB There are 2 § 393's\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 61 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T1-A", "title" : "Child Care Creation and Expansion Tax Credit Program", "docType" : "TITLE", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "1-A", "activeDate" : "2023-05-19", "sequenceNo" : 517, "repealedDate" : null, "fromSection" : "394", "toSection" : "394-G", "text" : " TITLE 1-A\\n CHILD CARE CREATION AND EXPANSION TAX CREDIT PROGRAM\\nSection 394. Short title.\\n 394-a. Definitions.\\n 394-b. Eligibility criteria.\\n 394-c. Application and approval process.\\n 394-d. Child care creation and expansion tax credit.\\n 394-e. Allocation of credit.\\n 394-f. Powers and duties of the commissioner.\\n 394-g. Maintenance of records.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394", "activeDate" : "2023-05-19", "sequenceNo" : 518, "repealedDate" : null, "fromSection" : "394", "toSection" : "394", "text" : " § 394. Short title. This title shall be known and may be cited as the\\n\"child care creation and expansion tax credit program act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394-A", "activeDate" : "2023-05-19", "sequenceNo" : 519, "repealedDate" : null, "fromSection" : "394-A", "toSection" : "394-A", "text" : " § 394-a. Definitions. For the purposes of this title:\\n 1. \"Certificate of tax credit\" shall mean the document issued to a\\nbusiness entity by the office after the office has verified that the\\nbusiness entity has met all applicable eligibility criteria in this\\ntitle. The certificate shall specify the exact amount of the tax credit\\nunder this title that a business entity may claim, pursuant to section\\nthree hundred ninety-four-d of this title, and the service year.\\n 2. \"Child care program\" shall mean a child day care for which a\\nlicense or registration to operate such program has been issued by the\\noffice pursuant to section three hundred ninety of this article.\\n 3. \"Child care rate\" shall mean the weekly child care subsidy market\\nrates, based on the eightieth percentile of the 2021-22 New York state\\nchild care market rate survey, for infant and toddler care provided by a\\nlicensed or registered child care program, as reflected in the 2022\\nchild care market rate survey report published by the office in\\ncompliance with section 98.45 of title forty-five of the code of federal\\nregulations.\\n 4. \"Child care seats\" shall mean the maximum number of children to be\\nallowed on the premises of a child care program at any time that such\\nprogram is in operation as specified on the license or registration\\nissued for such program by the office.\\n 5. \"Creates child care\" shall mean the making available of child care\\nseats in a child care program by a business entity, directly or through\\na third-party, for employees of such business entity, where such child\\ncare program was not available prior to April first, two thousand\\ntwenty-three, provided that the costs imposed on such employees for such\\nchild care program do not exceed forty percent of the child care rate.\\n 6. \"Commissioner\" shall mean commissioner of the office of children\\nand family services.\\n 7. \"Expands child care\" shall mean the increase in the number of child\\ncare seats in a child care program made available by a business entity,\\ndirectly or through a third party, for employees of such business\\nentity, provided that such increase requires a new or amended license or\\nregistration issued by the office pursuant to section three hundred\\nninety of this article on or after April first, two thousand\\ntwenty-three, and, provided further, that the costs imposed on such\\nemployees for such child care program do not exceed forty percent of the\\nchild care rate.\\n 8. \"Occupied\" shall mean, for each service year in which a child care\\nprogram is in operation, the average daily number of children in\\nattendance on the premises of such child care program.\\n 9. \"Office\" shall mean the office of children and family services.\\n 10. \"Service year\" shall mean the twelve-month period, or portion\\nthereof, commencing on January first and ending on December\\nthirty-first.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394-B", "title" : "Eligibility criteria", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394-B", "activeDate" : "2023-05-19", "sequenceNo" : 520, "repealedDate" : null, "fromSection" : "394-B", "toSection" : "394-B", "text" : " § 394-b. Eligibility criteria. 1. To be eligible for a tax credit\\nunder the child care creation and expansion tax credit program, a\\nbusiness entity must:\\n (a) be a business entity that is required to file a tax return\\npursuant to article nine-A, twenty-two or thirty-three of the tax law;\\n (b) be a child care program, or contract with such child care program,\\nas defined in this title that is licensed or registered pursuant to\\nsection three hundred ninety of this article;\\n (c) create or expand child care seats, directly or through a third\\nparty, for the employees of such business entity on or after April\\nfirst, two thousand twenty-three and before January first, two thousand\\ntwenty-five;\\n (d) operate a business location in New York state;\\n (e) be in substantial compliance with any child care licensing laws\\nand regulations related to the entity's business sector or other laws\\nand regulations as determined by the commissioner; and\\n (f) not owe past due state taxes or local property taxes unless the\\nbusiness entity is making payments and complying with an approved\\nbinding payment agreement entered into with the taxing authority.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394-C", "title" : "Application and approval process", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394-C", "activeDate" : "2023-05-19", "sequenceNo" : 521, "repealedDate" : null, "fromSection" : "394-C", "toSection" : "394-C", "text" : " § 394-c. Application and approval process. 1. A business entity must\\nsubmit a complete application as prescribed by the commissioner by the\\nthirty-first of January after the end of the service year.\\n 2. The commissioner shall establish procedures for a business entity\\nto submit applications. As part of the application, each business entity\\nmust:\\n (a) provide evidence in a form and manner prescribed by the\\ncommissioner of their business eligibility;\\n (b) provide the license or registration issued to the business entity,\\ndirectly or through a third party, by the office to operate a child care\\nprogram indicating the number of child care seats created or, in the\\ncase of a child care program that has experienced an expansion of child\\ncare seats, the license or registration issued by the office\\ndemonstrating such expansion;\\n (c) provide evidence in a form and manner prescribed by the\\ncommissioner establishing:\\n (i) the total number of child care seats that were occupied during the\\nservice year;\\n (ii) of such total number of child care seats that were occupied, the\\nnumber of infant child care seats that were occupied and the number of\\ntoddler child care seats that were occupied;\\n (iii) that, to the extent the business entity, directly or through a\\nthird party, has expanded child care, the number of child care seats in\\nexistence before such expansion and the number of such child care seats\\nthat were occupied before such expansion; and\\n (iv) that the costs imposed on the business entity's employees for\\nsuch child care program do not exceed forty percent of the child care\\nrate;\\n (d) agree to allow the department of taxation and finance to share the\\nbusiness entity's tax information relevant to the administration of this\\ntitle with the office. However, any information shared as a result of\\nthis title shall not be available for disclosure or inspection under the\\nstate freedom of information law;\\n (e) allow the office and its agents access to any and all books and\\nrecords the office may require to monitor compliance; and\\n (f) agree to provide any additional information required by the office\\nrelevant to this title.\\n 3. After reviewing a business entity's completed final application and\\ndetermining that the business entity meets the eligibility criteria as\\nset forth in this title, the office may issue to that business entity a\\ncertificate of tax credit, which shall set forth the amount of the\\ncredit that may be claimed and the service year.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394-D", "title" : "Child care creation and expansion tax credit", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394-D", "activeDate" : "2023-05-19", "sequenceNo" : 522, "repealedDate" : null, "fromSection" : "394-D", "toSection" : "394-D", "text" : " § 394-d. Child care creation and expansion tax credit. 1. A business\\nentity in the child care creation and expansion tax credit program that\\nmeets the eligibility requirements of section three hundred\\nninety-four-b of this title may be eligible to claim a credit for the\\nportion of the service year in which the child care program was in\\noperation, equal to the sum of: (a) the product of the number of infant\\nchild care seats that have been created or expanded and twenty percent\\nof the child care rate for such infant child care seats and (b) the\\nproduct of the number of toddler child care seats that have been created\\nor expanded and twenty percent of the child care rate for such toddler\\nchild care seats; provided that such infant and toddler child care seats\\nare child care seats that are occupied. Notwithstanding the preceding\\nsentence, a credit shall not be allowed for more than twenty-five child\\ncare seats that are occupied, and the amount of such credit may be\\nreduced as a result of an allocation of available funds, as described in\\nsection three hundred ninety-four-e of this title.\\n 2. The credit shall be allowed as provided in section forty-eight,\\nsubdivision fifty-nine of section two hundred ten-B, subsection (ooo) of\\nsection six hundred six and subdivision (ee) of section fifteen hundred\\neleven of the tax law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394-E", "title" : "Allocation of credit", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394-E", "activeDate" : "2023-05-19", "sequenceNo" : 523, "repealedDate" : null, "fromSection" : "394-E", "toSection" : "394-E", "text" : " § 394-e. Allocation of credit. The aggregate amount of tax credits\\nallowed under this title, subdivision fifty-nine of section two hundred\\nten-B, subsection (ooo) of section six hundred six and subdivision (ee)\\nof section fifteen hundred eleven of the tax law shall be twenty-five\\nmillion dollars each year during the period two thousand twenty-three\\nand two thousand twenty-four. Such aggregate amount of credits shall be\\nallocated by the office on a pro rata basis to each business entity that\\ndemonstrates eligibility pursuant to section three hundred ninety-four-b\\nof this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394-F", "title" : "Powers and duties of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394-F", "activeDate" : "2023-05-19", "sequenceNo" : 524, "repealedDate" : null, "fromSection" : "394-F", "toSection" : "394-F", "text" : " § 394-f. Powers and duties of the commissioner. 1. The commissioner\\nmay promulgate regulations establishing an application process and\\neligibility criteria, which will be applied consistent with the purposes\\nof this title so as not to exceed the annual cap on tax credits set\\nforth in this title, that, notwithstanding any provisions to the\\ncontrary in the state administrative procedure act, may be adopted on an\\nemergency basis.\\n 2. The commissioner shall, in consultation with the department of\\ntaxation and finance, develop a certificate of tax credit that shall be\\nissued by the commissioner to eligible businesses. Such certificate\\nshall contain such information as required by the department of taxation\\nand finance.\\n 3. The commissioner shall solely determine the eligibility of any\\nbusiness entity applying for entry into the program and shall remove any\\nbusiness entity from the program for failing to meet any of the\\nrequirements set forth in section three hundred ninety-four-b of this\\ntitle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "394-G", "title" : "Maintenance of records", "docType" : "SECTION", "publishedDates" : [ "2023-05-19" ], "docLevelId" : "394-G", "activeDate" : "2023-05-19", "sequenceNo" : 525, "repealedDate" : null, "fromSection" : "394-G", "toSection" : "394-G", "text" : " § 394-g. Maintenance of records. Each business entity participating in\\nthe program shall keep all relevant records for the duration of their\\nparticipation in the program for at least three years.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T2", "title" : "Powers and Duties of Public Welfare Officials", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-01-30", "2026-02-20" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 526, "repealedDate" : null, "fromSection" : "395", "toSection" : "404", "text" : " TITLE 2\\n POWERS AND DUTIES OF PUBLIC WELFARE OFFICIALS\\nSection 395. Responsibility of public welfare districts for the\\n welfare of children.\\n 396. Health and welfare services to all children.\\n 397. Powers and duties of social services officials in\\n relation to children.\\n 398. Additional powers and duties of commissioners of public\\n welfare and certain city public welfare officers in\\n relation to children.\\n 398-a. Standards of payment for foster care.\\n 398-b. Transition to managed care.\\n 398-c. Powers and duties of the commissioner in relation to\\n children.\\n 398-d. Child welfare services community demonstration projects.\\n 398-e. Eligibility for protective services and residential\\n services for victims of domestic violence.\\n 399. Children discharged from state institutions.\\n 400. Removal of children.\\n 401. Births to inmates of public homes.\\n 402. Children forbidden in public homes.\\n 403. The religious faith of children and minors.\\n 404. Juvenile justice services close to home initiative.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "395", "title" : "Responsibility of public welfare districts for the welfare of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "395", "activeDate" : "2014-09-22", "sequenceNo" : 527, "repealedDate" : null, "fromSection" : "395", "toSection" : "395", "text" : " § 395. Responsibility of public welfare districts for the welfare of\\nchildren. A public welfare district shall be responsible for the\\nwelfare of children who are in need of public assistance and care,\\nsupport and protection, residing or found in its territory, insofar as\\nnot inconsistent with the jurisdiction of a family court. Such\\nassistance and care shall be administered either directly by the public\\nwelfare official charged therewith, or by another public welfare\\nofficial acting on his behalf by and pursuant to the provisions of this\\nchapter, or through an authorized agency as defined by this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "396", "title" : "Health and welfare services to all children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "396", "activeDate" : "2014-09-22", "sequenceNo" : 528, "repealedDate" : null, "fromSection" : "396", "toSection" : "396", "text" : " § 396. Health and welfare services to all children. All public\\nwelfare districts and towns, shall provide children who attend schools\\nother than public with all or any of the health and welfare services and\\nfacilities, including but not limited to health, surgical, medical,\\ndental and therapeutic care and treatment, and corrective aids and\\nappliances, authorized by law and now granted or hereafter made\\navailable by the public welfare district or districts and/or towns for\\nor to children in the public schools in so far as these services and\\nfacilities may be requested by the authorities of the schools other than\\npublic. Any such services or facilities shall be so provided\\nnotwithstanding any provision of any charter or other provision of law\\ninconsistent herewith.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "397", "title" : "Powers and duties of social services officials in relation to children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "397", "activeDate" : "2014-09-22", "sequenceNo" : 529, "repealedDate" : null, "fromSection" : "397", "toSection" : "397", "text" : " § 397. Powers and duties of social services officials in relation to\\nchildren. All social services officials responsible for the\\nadministration of safety net assistance to families shall, in relation\\nto all children in such families other than delinquent children, persons\\nin need of supervision, mentally disabled children, physically\\nhandicapped children and children born out of wedlock who shall be cared\\nfor under the provisions of the following section, have powers and\\nperform duties as follows:\\n 1. As to destitute children:\\n (a) Investigate the family circumstances of each child reported as\\ndestitute in order to determine what care, supervision or treatment, if\\nany, such child requires.\\n (b) Administer and supervise relief to families with destitute\\nchildren when such families are unable to care for such children and\\nrelief is necessary to prevent the separation of children from their\\nparents.\\n (c) Furnish children, whose parents or guardians are unable to do so,\\nwith suitable clothing, shoes, books, food and other necessaries to\\nenable them to attend upon instruction as required by law.\\n 2. As to neglected and abused children:\\n (a) Investigate complaints of neglect and abuse of children and offer\\nprotective social services to prevent injury to the child, to safeguard\\nhis welfare, and to preserve and stabilize family life wherever\\npossible.\\n (b) Bring such case when necessary before the family court for\\nadjudication.\\n (c) Institute proceedings in a court of competent jurisdiction against\\na parent or adult for neglect or abuse of a child.\\n 3. Provide any necessary medical or hospital care for such children\\nwhen responsible for the provision of such care under section\\nsixty-nine.\\n 4. The provisions of this section shall not be deemed to confer on\\nsocial services officials responsible only for the authorization of\\nsafety net assistance or of safety net assistance and hospital care, any\\npowers and duties in relation to destitute and neglected children except\\nas follows:\\n (a) As to destitute children:\\n (1) Authorize relief to families with destitute children when such\\nfamilies are unable to care for such children and relief is necessary to\\nprevent the separation of children from their parents.\\n (2) Furnish children, whose parents or guardians are unable to do so,\\nwith suitable clothing, shoes, books, food and other necessaries to\\nenable them to attend upon instruction as required by law.\\n (b) As to neglected and abused children:\\n Report to the county commissioner any complaint they may receive of\\nneglect and abuse of children.\\n (c) Provide any necessary medical care or hospital care for such\\nchildren when responsible for the provision of such care under section\\nsixty-nine.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "398", "title" : "Additional powers and duties of commissioners of public welfare and certain city public welfare officers in relation to children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2019-12-20", "2021-04-23", "2021-10-01", "2021-11-12", "2023-05-12" ], "docLevelId" : "398", "activeDate" : "2023-05-12", "sequenceNo" : 530, "repealedDate" : null, "fromSection" : "398", "toSection" : "398", "text" : " § 398. Additional powers and duties of commissioners of public welfare\\nand certain city public welfare officers in relation to children.\\nCommissioners of public welfare and city public welfare officers\\nresponsible under the provisions of a special or local law for the\\nchildren hereinafter specified shall have powers and perform duties as\\nfollows:\\n 1. As to destitute children:\\n (a) offer preventive services in accordance with section four hundred\\nnine-a of this article when necessary to avert an impairment or\\ndisruption of a family which could result in the placement of the child\\nin foster care;\\n (b) report to the local criminal justice agency and to the statewide\\ncentral register for missing children as described in section eight\\nhundred thirty-seven-e of the executive law such relevant information as\\nrequired on a form prescribed by the commissioner of the division of\\ncriminal justice services, in appropriate instances; and\\n (c) assume charge of and provide care and support for any child who is\\na destitute child pursuant to paragraph (a) of subdivision three of\\nsection three hundred seventy-one of this article who cannot be properly\\ncared for in his or her home, and if required, petition the family court\\nto obtain custody of the child in accordance with article ten-C of the\\nfamily court act.\\n 2. As to neglected, abused or abandoned children:\\n (a) Investigate the alleged neglect, abuse or abandonment of a child,\\noffer protective social services to prevent injury to the child, to\\nsafeguard his welfare, and to preserve and stabilize family life\\nwherever possible and, if necessary, bring the case before the family\\ncourt for adjudication and care for the child until the court acts in\\nthe matter and, in the case of an abandoned child, shall promptly\\npetition the family court to obtain custody of such child.\\n (b) Receive and care for any child alleged to be neglected, abused or\\nabandoned who is temporarily placed in his care by the family court\\npending adjudication by such court of the alleged neglect, abuse or\\nabandonment including the authority to establish, operate, maintain and\\napprove facilities for such purpose in accordance with the regulations\\nof the department; and receive and care for any neglected, abused or\\nabandoned child placed or discharged to his care by the family court.\\n (c) Any facility designated as of the effective date of this act shall\\nnot be disapproved except after consultation with the designating\\nappellate division.\\n (d) The local social services department shall list all facilities\\napproved under this article for the temporary custody and care of\\nchildren remanded by the family court and shall file a copy of that list\\nperiodically with the clerk of the family court in each county in the\\njudicial district in which the facility is located.\\n (e) Report to the local registrar of vital statistics of the district\\nin which the child was found the sex, color, approximate date of birth,\\nplace of finding, and the name assigned to any child who may be found\\nwhose parents are unknown, within ten days whenever possible after the\\nchild is found, on a form prescribed therefor by the state commissioner\\nof health, and report the subsequent identification of any such child to\\nthe state commissioner of health; provided, however, that in the city of\\nNew York such form shall be prescribed by, and such report shall be made\\nto, the department of health.\\n (f) Report to the local criminal justice agency and to the statewide\\ncentral register for missing children as described in section eight\\nhundred thirty-seven-e of the executive law such information as required\\non a form prescribed by the commissioner of the division of criminal\\njustice services within forty-eight hours after an abandoned child is\\nfound.\\n 3. As to delinquent children and persons in need of supervision:\\n (a) Investigate complaints as to alleged delinquency of a child.\\n (b) Bring such case of alleged delinquency when necessary before the\\nfamily court.\\n (c) Receive within fifteen days from the order of placement as a\\npublic charge any delinquent child committed or placed or person in need\\nof supervision placed in his or her care by the family court provided,\\nhowever, that the commissioner of the social services district with whom\\nthe child is placed may apply to the state commissioner or his or her\\ndesignee for approval of an additional fifteen days, upon written\\ndocumentation to the office of children and family services that the\\nyouth is in need of specialized treatment or placement and the diligent\\nefforts by the commissioner of social services to locate an appropriate\\nplacement.\\n * 3-a. As to delinquent children:\\n (a)(1) Conditionally release any juvenile delinquent placed with the\\ndistrict to aftercare whenever the district determines conditional\\nrelease to be consistent with the needs and best interests of such\\njuvenile delinquent, that suitable care and supervision can be provided,\\nand that there is a reasonable probability that such juvenile delinquent\\ncan be conditionally released without endangering public safety;\\nprovided, however, that such conditional release shall be made in\\naccordance with the regulations of the office of children and family\\nservices, and provided further that no juvenile delinquent while absent\\nfrom a facility or program without the consent of the director of such\\nfacility or program shall be conditionally released by the district\\nsolely by reason of the absence.\\n (2) It shall be a condition of such release that a juvenile delinquent\\nso released shall continue to be the responsibility of the social\\nservices district for the period provided in the order of placement.\\n (3) The social services district may provide clothing, services and\\nother necessities for any conditionally released juvenile delinquent, as\\nmay be required, including medical care and services not provided to\\nsuch juvenile delinquent as medical assistance for needy persons\\npursuant to title eleven of article five of this chapter.\\n (4) The social services district, pursuant to the regulations of the\\noffice of children and family services, may cause a juvenile delinquent\\nto be returned to a facility operated and maintained by the district, or\\nan authorized agency under contract with the district, at any time\\nwithin the period of placement, where there is a violation of the\\nconditions of release or a change of circumstances.\\n (5) Juvenile delinquents conditionally released by a social services\\ndistrict may be provided for as follows:\\n (i) If, in the opinion of the social services district, there is no\\nsuitable parent, relative or guardian to whom a juvenile delinquent can\\nbe conditionally released, and suitable care cannot otherwise be\\nsecured, the district may conditionally release such juvenile delinquent\\nto the care of any other suitable person; provided that where such\\nsuitable person has no legal relationship with the juvenile, the\\ndistrict shall advise such person of the procedures for obtaining\\ncustody or guardianship of the juvenile.\\n (ii) If a conditionally released juvenile delinquent is subject to\\narticle sixty-five of the education law or elects to participate in an\\neducational program leading to a high school diploma, he or she shall be\\nenrolled in a school or educational program leading to a high school\\ndiploma following release, or, if such release occurs during the summer\\nrecess, upon the commencement of the next school term. If a\\nconditionally released juvenile delinquent is not subject to article\\nsixty-five of the education law, and does not elect to participate in an\\neducational program leading to a high school diploma, steps shall be\\ntaken, to the extent possible, to facilitate his or her gainful\\nemployment or enrollment in a vocational program following release.\\n (b) When a juvenile delinquent placed with the social services\\ndistrict is absent from placement without consent, such absence shall\\ninterrupt the calculation of time for his or her placement. Such\\ninterruption shall continue until such juvenile delinquent returns to\\nthe facility or authorized agency in which he or she was placed.\\nProvided, however, that any time spent by a juvenile delinquent in\\ncustody from the date of absence to the date placement resumes shall be\\ncredited against the time of such placement provided that such custody:\\n (1) was due to an arrest or surrender based upon the absence; or\\n (2) arose from an arrest or surrender on another charge which did not\\nculminate in a conviction, adjudication or adjustment.\\n (c) In addition to the other requirements of this section, no juvenile\\ndelinquent placed with a social services district operating an approved\\njuvenile justice services close to home initiative pursuant to section\\nfour hundred four of this chapter pursuant to a restrictive placement\\nunder the family court act shall be released except pursuant to section\\n353.5 of the family court act.\\n * NB Repealed March 31, 2028\\n 4. As to mentally disabled and physically handicapped children:\\n (a) Obtain admission to state and other suitable schools, hospitals,\\nother institutions, or care in their own homes or in family free or\\nboarding homes or in agency boarding homes or group homes for such\\nchildren in accordance with the provisions of the mental hygiene law,\\neducation law and acts relating to the family court.\\n (b) Maintain supervision over such disabled or physically handicapped\\nchildren as are not in institutions, hospitals or schools or under the\\njurisdiction of the family court.\\n 5. As to children born out of wedlock:\\n (a) Provide care in a family free or boarding home, in an agency\\nboarding home or group home or in an institution for any child born out\\nof wedlock and for his mother as for any other person in need of public\\nassistance and care during pregnancy and during and after delivery, when\\nin the judgment of such social services official needed care cannot be\\nprovided in the mother's own home. However, nothing in this section or\\nelsewhere in this chapter contained shall be construed to make any such\\nchild or his mother ineligible for such care away from home, regardless\\nof ability or liability to pay therefor; provided, however, that except\\nas hereinafter provided, it shall rest in the discretion of the social\\nservices official, in view of all the facts and circumstances present in\\neach case, to determine whether or not to require such mother, or any\\nother person or persons liable by law to contribute to the support\\nthereof, to pay all or any part of such cost, pursuant to the provisions\\nof this section or any other section of this chapter. Any inconsistent\\nprovision of law notwithstanding, the acceptance by a private authorized\\nadoption agency of an absolute surrender of a child born out of wedlock\\nfrom the mother of such child shall relieve her from any and all\\nliability for the support of such child. When in the judgment of a\\nsocial services official needed care cannot be provided in the home of a\\nminor pregnant with an out of wedlock child, and he has made a\\ndetermination pursuant to subdivision one of section one hundred\\nthirty-two of this chapter not to make an investigation of the\\ncircumstances of such minor and not to require support from persons\\nliable therefor, the authorization of such social services official of\\nnecessary medical care for such minor shall have the same force and\\neffect as a consent executed by a parent or guardian of such minor.\\n (b) Institute proceedings to establish paternity and secure the\\nsupport and education of any child born out of wedlock or make a\\ncompromise with the father of such child, in accordance with the\\nprovisions of law, relating to children born out of wedlock.\\n (c) Hold and disburse the money received from such a compromise or pay\\nit to the mother if she gives security for the support of the child.\\n (d) When practicable, require the mother to contribute to the support\\nof the child.\\n 6. As to all foregoing classes of children:\\n (a) Investigate the family circumstances of each child reported to him\\nas destitute, neglected, abused, delinquent, disabled or physically\\nhandicapped in order to determine what assistance and care, supervision\\nor treatment, if any, such child requires.\\n (b) Provide for expert mental and physical examination of any child\\nwhom he has reason to suspect of mental or physical disability or\\ndisease and pay for such examination from public funds, if necessary.\\n (c) Provide necessary medical or surgical care in a suitable hospital,\\nsanatorium, preventorium or other institution or in his own home for any\\nchild needing such care and pay for such care from public funds, if\\nnecessary. However, in the case of a child or minor who is eligible to\\nreceive care as medical assistance for needy persons pursuant to title\\neleven of article five of this chapter, such care shall be provided\\npursuant to the provisions of that title.\\n (d) Ascertain the financial ability of the parents of children who\\nbecome public charges and collect toward the expense of such child's\\ncare such sum as the parents are able to pay.\\n (e) Collect from parents whose children have been discharged to his\\ncare by the family court such sums as they are ordered to pay for the\\nmaintenance of such children and report any failure to comply with such\\norder to such court.\\n (f) When in his judgment it is advisable for the welfare of the child,\\naccept the surrender of a child by an instrument in writing in\\naccordance with the provisions of this chapter. Any inconsistent\\nprovision of law notwithstanding, the acceptance by the social services\\nofficial of a surrender of a child born out of wedlock from the mother\\nor father of such child shall relieve the parent executing such\\nsurrender from any and all liability for the support of such child.\\n (g) (1) Place children in its care and custody or its custody and\\nguardianship, in suitable instances, in supervised settings, family\\nhomes, agency boarding homes, group homes or institutions under the\\nproper safeguards. Such placements can be made either directly, or\\nthrough an authorized agency, except that, direct placements in agency\\nboarding homes or group homes may be made by the social services\\ndistrict only if the office of children and family services has\\nauthorized the district to operate such homes in accordance with the\\nprovisions of section three hundred seventy-four-b of this article and\\nonly if suitable care is not otherwise available through an authorized\\nagency under the control of persons of the same religious faith as the\\nchild. Where such district places a child in a supervised setting,\\nagency boarding home, group home or institution, either directly, or\\nthrough an authorized agency, the district shall certify in writing to\\nthe office of children and family services, that such placement was made\\nbecause it offers the most appropriate and least restrictive level of\\ncare for the child, and, is more appropriate than a family foster home\\nplacement, or, that such placement is necessary because there are no\\nqualified foster families available within the district who can care for\\nthe child. If placements in agency boarding homes, group homes or\\ninstitutions are the result of a lack of foster parents within a\\nparticular district, the office of children and family services shall\\nassist such district to recruit and train foster parents. Placements\\nshall be made only in institutions visited, inspected and supervised in\\naccordance with title three of article seven of this chapter and\\nconducted in conformity with the applicable regulations of the\\nsupervising state agency in accordance with title three of article seven\\nof this chapter. With the approval of the office of children and family\\nservices, a social services district may place a child in its care and\\ncustody or its custody and guardianship in a federally funded job corps\\nprogram and may receive reimbursement for the approved costs of\\nappropriate program administration and supervision pursuant to a plan\\ndeveloped by the department and approved by the director of the budget.\\n (2) A social services district may place a child in its care and\\ncustody or its custody and guardianship in a home or facility operated\\nor licensed by any office of the department of mental hygiene, subject\\nto the relevant provisions of the mental hygiene law and the admission\\ncriteria of the facility. The director of the budget may authorize such\\ntransfers of appropriations under the provisions of section fifty of the\\nstate finance law as may be necessary to secure federal reimbursement\\nfor such placements.\\n (3) (i) Effective sixty days after the enactment of this subparagraph,\\nthere is hereby established within a social services district with a\\npopulation in excess of two million a two-year demonstration project\\nwhich affords authorized agencies with which foster children are placed\\nenhanced administrative flexibility. Pursuant to such demonstration\\nproject, an authorized agency with which the social services district\\nhas placed a child shall have the authority to:\\n (A) give all necessary consents to the discharge of the child from\\nfoster care when such authorized agency has submitted a written request\\nfor approval of such discharge to the social services official and the\\nsocial services official has not disapproved such discharge within\\nthirty days of receiving such request;\\n (B) change a goal for the child when such authorized agency has\\nsubmitted a written request for approval of such change of goal to the\\nsocial services official and the social services official has not\\ndisapproved such goal within thirty days of receiving such request;\\n (C) commence a proceeding to free the child for adoption when such\\nauthorized agency has submitted a written request for approval of the\\ncommencement of such proceeding to the social services official, if the\\nsocial services official has not disapproved such commencement within\\nthirty days of receiving such request, in which case such a request\\nshall be deemed approved; and\\n (D) consent to the adoption of a child whose custody and guardianship,\\nor of a child where such child's parents are both deceased, or where one\\nparent is deceased and the other parent is not entitled to notice\\npursuant to sections one hundred eleven and one hundred eleven-a of the\\ndomestic relations law, and whose care and custody, has been transferred\\nto a social services district and who has been placed by the social\\nservices official with the authorized agency when the authorized agency\\nhas submitted a written request for approval to consent to the adoption,\\nif the social services district has not disapproved the request to\\nconsent to adoption within sixty days after its submission, in which\\ncase such request shall be deemed approved and the authorized agency may\\ngive all necessary consent to the adoption of the child.\\n (ii) Nothing herein shall result in the transfer of care and custody\\nor custody and guardianship of a child from the social services official\\nto the authorized agency.\\n (iii) Within three months of the conclusion of the demonstration\\nproject, such social services district shall issue a report to the\\ndepartment regarding the effectiveness of the demonstration project.\\nSuch report shall include recommendations for possible statutory and\\nregulatory amendments in relation to the administration of foster care.\\n (4) A social services district may place a child in its care and\\ncustody or its custody and guardianship in a family home certified by\\nthe division for youth, which shall not include a group home. Such\\nplacements shall be subject to the relevant provisions of this chapter,\\nthe executive law and the admission criteria of the home.\\n (h) Supervise children who have been cared for away from their\\nfamilies until such children become twenty-one years of age or until\\nthey are discharged to their own parents, relatives within the third\\ndegree or guardians, or adopted, provided, however, that in the case of\\na child who is developmentally disabled as such term is defined in\\nsection 1.03 of the mental hygiene law, emotionally disturbed or\\nphysically handicapped, and who is receiving care in a group home,\\nagency boarding home or any child care facility operated by an\\nauthorized agency with a capacity of thirteen or more children, and who\\nis in receipt of educational services and under the care and custody of\\na local department of social services, the commissioner of the office of\\nchildren and family services shall allow such child who reaches the age\\nof twenty-one during the period commencing on the first day of September\\nand ending on the thirtieth day of June to be entitled to continue in\\nsuch program until the thirtieth day of June or until the termination of\\nthe school year, whichever shall first occur.\\n (j) Permit children and minors who are being cared for away from their\\nown homes as public charges to retain the maximum amount of their\\nmonthly earned income for future identifiable needs in accordance with\\nthe regulations of the department and consistent with the federal law\\napplicable to the treatment of income and resources under the aid to\\nfamilies with dependent children program.\\n (k) In accordance with regulations of the department, provide suitable\\nvocational training through any institution licensed or approved by the\\nstate education department, for any minor in his care who demonstrates\\nto his satisfaction the possession of talent, aptitude and ability\\nnecessary to benefit therefrom, provided such minor could not otherwise\\nobtain such training. Expenditures may be made for tuition, books,\\nsupplies, and all other necessary items to enable such minor to obtain\\nsuch training.\\n (l) In accordance with regulations of the department, provide\\nmaintenance in a summer camp for children and minors who are being cared\\nfor away from their own homes as public charges, when in his judgment it\\nis advisable for the welfare of such children and minors.\\n (n) When it is in the best interest of the child, place a child who is\\nbeing returned to foster care, following an interruption in care, or a\\nchild who is being returned to a family boarding home following\\nplacement in a foster care facility with the foster care parents with\\nwhom that child was last placed, notwithstanding the provisions of\\nsubdivisions three and four of section three hundred seventy-eight of\\nthis chapter. When it is in the best interests of the minor parent and\\nthe minor parent's child or children, place the minor parent who is\\nbeing returned to foster care following an interruption in care, and the\\nminor parent's child or children or the minor parent who is being\\nreturned to a family boarding home following placement in a foster care\\nfacility and the minor parent's child or children with the foster care\\nparents with whom the minor parent was last placed, notwithstanding the\\nprovisions of subdivisions three and four of section three hundred\\nseventy-eight of this chapter.\\n (o) Compliance with a court order enforcing visitation rights of a\\nnon-custodial parent or grandparent pursuant to part eight of article\\nten of the family court act, subdivision ten of section three hundred\\nfifty-eight-a or paragraph (d) of subdivision two of section three\\nhundred eighty-four-a of this chapter, and responsibility for the return\\nof such child after visitation so ordered.\\n * (p) Provide respite care for children who have special needs as\\ndescribed in subdivision fifteen of this section including, but not\\nlimited to, those children who are diagnosed as having AIDS or HIV\\nrelated disease. For the purposes of this paragraph, respite care shall\\nmean the provision of temporary care and supervision of children on\\nbehalf of a foster parent of a child with such special needs. Such care\\nmay be provided by a foster family boarding home, an agency operated\\nboarding home, a group home, an institution or by an authorized staff\\nmember of such programs or other provider approved by the local district\\nbased on the individual circumstances of the caregiver and the needs of\\nthe child, for up to three consecutive weeks but no more than seven\\nweeks in a calendar year. The department shall, by regulation, establish\\nstandards for respite care and training for the providers of such care.\\n * NB There are 2 par (p)'s\\n * (p) Consistent with the provisions of this chapter, provide\\nnecessary care, services and supervision including medical care, to a\\nchild placed in foster care pursuant to subparagraph (ii) of paragraph\\n(a) of subdivision two of section ten hundred seventeen of the family\\ncourt act, and reimbursement therefor to relatives of such child as\\napproved foster parents with whom such child is residing.\\n * NB There are 2 par. (p)'s\\n 7. Notwithstanding any inconsistent provisions of law, no city forming\\npart of a county public welfare district may hereafter assume any of the\\npowers, duties and responsibilties mentioned in this section. However,\\nthis subdivision shall not be deemed or construed to prohibit a public\\nwelfare officer of a city forming part of a county public welfare\\ndistrict from exercising and performing on behalf of the county\\ncommissioner of public welfare, pursuant to the provisions of title\\nthree-a of article three, any of the powers and duties mentioned in this\\nsection. A city forming part of a county public welfare district which\\nheretofore assumed or upon which was heretofore imposed the\\nresponsibility for providing any or all of the assistance, care and\\nservice mentioned in this section, shall hereafter continue to have such\\nresponsibility, provided, however, that the continuance of such\\nresponsibility shall be consistent with the powers, duties and\\nresponsibilities of such city under and pursuant to the provisions of\\ntitle three-a of article three.\\n 8. A public welfare official who is authorized to place children or\\nminors in homes or institutions pursuant to provisions of this section\\nshall have the power to place children or minors in a public institution\\nfor children.\\n 9. A social services official shall have the same authority as a peace\\nofficer to remove a child from his home without an order of the family\\ncourt and without the consent of the parent or person responsible for\\nsuch child's care if the child is in such condition that his continuing\\nin the home presents an imminent danger to the child's life or health.\\nWhen a child is removed from his home pursuant to the provisions of this\\nsubdivision, the social services official shall promptly inform the\\nparent or person responsible for such child's care and the family court\\nof his action.\\n 10. Any provision of this chapter or any other law notwithstanding,\\nwhere a foster child for whom a social services official has been making\\nfoster care payments is in attendance at a college or university away\\nfrom his or her foster family boarding home, group home, agency boarding\\nhome or institution, and residing in a supervised setting or other\\napproved location, a social services official may make foster payments,\\nat a rate to be developed by the office of children and family services,\\nto such college or university, provider of room and board, or youth, as\\nappropriate, in lieu of payment to the foster parents or authorized\\nagency, for the purpose of room and board, if not otherwise provided.\\nSuch rate shall be no lower than the rate paid for a child's care in a\\nfoster family boarding home.\\n 11. In the case of a child who is adjudicated a person in need of\\nsupervision or a juvenile delinquent and is placed by the family court\\nwith the division for youth and who is placed by the division for youth\\nwith an authorized agency pursuant to court order, the social services\\nofficial shall make expenditures in accordance with the regulations of\\nthe department for the care and maintenance of such child during the\\nterm of such placement subject to state reimbursement pursuant to this\\ntitle, or article nineteen-G of the executive law in applicable cases.\\n 12. A social services official shall be permitted to place persons\\nadjudicated in need of supervision or delinquent, and alleged persons to\\nbe in need of supervision in detention pending transfer to a placement,\\nin the same foster care facilities as are providing care to destitute,\\nneglected, abused or abandoned children. Such foster care facilities\\nshall not provide care to a youth in the care of a social services\\nofficial as a convicted juvenile offender.\\n 13. (a) In the case of a child with a handicapping condition who is\\nplaced, pursuant to this chapter, in a foster care agency or institution\\nlocated outside the state, and who attains the age of eighteen, the\\nsocial services official shall:\\n (i) determine whether such child will need services after the age of\\ntwenty-one, and, if such need exists;\\n (ii) assess the nature of the services required;\\n (iii) notify the parent or guardian of such child's need for services;\\nand\\n (iv) upon the written consent of the parent or guardian, and\\nnotwithstanding section three hundred seventy-two of this article,\\nsubmit a report on the child's need for services after age twenty-one to\\nthe department for planning purposes.\\n (b) Upon the written consent of the parent or guardian, the department\\nshall submit the report received pursuant to paragraph (a) of this\\nsubdivision to the council on children and families.\\n (c) When a child's report is submitted to the council on children and\\nfamilies pursuant to this subdivision, the council shall cooperate with\\nadult service providers, such as the department of social services, the\\noffice for people with and developmental disabilities, the office of\\nmental health and the office of vocational rehabilitation of the\\neducation department in planning and coordinating such child's return to\\nNew York state for adult services. The council shall arrange with the\\nappropriate state agency for the development of a recommendation of all\\nappropriate in-state programs operated, licensed, certified or\\nauthorized by such agency and which may be available when such child\\nattains the age of twenty-one. Such recommendation of all programs shall\\nbe made available to the parent or guardian of such child at least six\\nmonths before such child attains the age of twenty-one. All records,\\nreports and information received, compiled or maintained by the council\\npursuant to this subdivision shall be subject to the confidentiality\\nrequirements of the department.\\n 14. (a) In the case of a child who is developmentally disabled as such\\nterm is defined in section 1.03 of the mental hygiene law, emotionally\\ndisturbed or physically handicapped and who is receiving care in a group\\nhome, agency boarding home, or any child care facility operated by an\\nauthorized agency with a capacity of thirteen or more children, who\\nattains the age of eighteen and who will continue in such care after the\\nage of eighteen, or who is placed in such care after the age of\\neighteen, the social services official shall notify the parent or\\nguardian of such child that such care will terminate when such child\\nattains the age of twenty-one provided, however, that any such child in\\nreceipt of educational services and under the care and custody of a\\nlocal department of social services who reaches the age of twenty-one\\nduring the period commencing on the first day of September and ending on\\nthe thirtieth day of June shall be entitled to continue in such program\\nuntil the thirtieth day of June or until the termination of the school\\nyear, whichever shall first occur. Such notice shall be in writing and\\nshall describe in detail the parent's or guardian's opportunity to\\nconsent to having such child's name and other information forwarded in a\\nreport to the commissioner of mental health, commissioner of the office\\nfor people with developmental disabilities, commissioner of education or\\ncommissioner of the office of children and family services or their\\ndesignees for the purpose of determining whether such child will likely\\nneed services after the age of twenty-one and, if so, recommending\\npossible adult services.\\n (b) Upon the written consent of the parent or guardian, and\\nnotwithstanding section three hundred seventy-two of this article, the\\nsocial services official shall submit a report on such child's possible\\nneed for services after age twenty-one to the commissioner of mental\\nhealth, commissioner of the office for people with developmental\\ndisabilities, commissioner of social services or commissioner of\\neducation or their designees for the development of a recommendation\\npursuant to section 7.37 or 13.37 of the mental hygiene law, section\\nthree hundred ninety-eight-c of this title or subdivision ten of section\\nfour thousand four hundred three of the education law. The social\\nservices official shall determine which commissioner shall receive the\\nreport by considering the child's handicapping condition. If the social\\nservices official determines that the child will need adult services\\nfrom the department and such social services official is the\\ncommissioner's designee pursuant to this subdivision and section three\\nhundred ninety-eight-c of this title, such social services official\\nshall perform the services described in section three hundred\\nninety-eight-c of this title.\\n (c) A copy of such report shall also be submitted to the department at\\nthe same time that such report is submitted to the commissioner of\\nmental health, commissioner of the office for people with developmental\\ndisabilities or commissioner of education or their designees.\\n (d) When the social services official is notified by the commissioner\\nwho received the report that such state agency is not responsible for\\ndetermining and recommending adult services for the child, the social\\nservices official shall forward the report to another commissioner; or,\\nif the social services official determines that there exists a dispute\\nbetween state agencies as to which state agency has the responsibility\\nfor determining and recommending adult services, the social services\\nofficial may forward the report to the council on children and families\\nfor a resolution of such dispute.\\n (e) The social services official shall prepare and submit an annual\\nreport to the department on October first, nineteen hundred eighty-four\\nand thereafter on or before October first of each year. Such annual\\nreport shall contain the number of cases submitted to each commissioner\\npursuant to paragraph (b) of this subdivision, the type and severity of\\nthe handicapping condition of each such case, the number of notices\\nreceived which deny responsibility for determining and recommending\\nadult services, and other information necessary for the department and\\nthe council on children and families to monitor the need for adult\\nservices, but shall not contain personally identifying information. The\\ndepartment shall forward copies of such annual reports to the council on\\nchildren and families. All information received by the council on\\nchildren and families pursuant to this paragraph shall be subject to the\\nconfidentiality requirements of the department.\\n 15. (a) In the case of a child who has special needs due to a high\\nlevel of disturbed behavior, emotional disturbance or physical or health\\nneeds as determined by the district in accordance with the rules and\\nregulations of the department and who has been placed with a therapeutic\\nfoster parent, the social services official shall make available\\nperiodic respite care services for such parent, necessary consultation\\nservices between the therapeutic foster care parent and professionals\\nfamiliar with the special needs of the child and such other support\\nservices as are reasonably necessary to prevent placement of the child\\nin a group home, an agency operated boarding home or an institution.\\n (b) Prior to placement of a child who has been determined to have\\nspecial needs with a therapeutic foster parent, the social services\\nofficial shall require such foster parent to complete an approved\\ntraining program. The department shall not provide enhanced\\nreimbursement for such placement unless the social services official\\ncertifies that the foster parent has successfully completed an approved\\ntraining program.\\n (c) A social services official shall require that the family services\\nplan developed pursuant to section four hundred nine-e of this article\\nfor a child placed with a therapeutic foster parent include a treatment\\nplan prepared in consultation with the therapeutic foster parent and\\napproved by the social services official.\\n 16. Notwithstanding any provision of law to the contrary, with regard\\nto the placement of all categories of foster children, the social\\nservices official or the voluntary authorized agency under contract with\\nsuch official must consider giving preference to placement of a child\\nwith an adult relative over a non-related caregiver, provided that the\\nrelative caregiver meets relevant child welfare standards.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "398-A", "title" : "Standards of payment for foster care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2021-04-23", "2022-04-15" ], "docLevelId" : "398-A", "activeDate" : "2022-04-15", "sequenceNo" : 531, "repealedDate" : null, "fromSection" : "398-A", "toSection" : "398-A", "text" : " § 398-a. Standards of payment for foster care. (1) For purposes of\\nthis section, notwithstanding any other provisions of law, the term\\nfoster child shall mean a person who is cared for away from his or her\\nhome under conditions prescribed by regulations of the department and\\nwho is: (a) under the age of eighteen years, (b) under the age of\\ntwenty-one years if a student attending a school, college or university\\nor regularly attending a course of vocational or technical training\\ndesigned to fit him or her for gainful employment or (c) between the\\nages of eighteen and twenty-one who lacks the skills or ability to live\\nindependently and consents to continue in care.\\n * (2) The office of children and family services shall promulgate,\\nsubject to consultation with appropriate state agencies, the approval of\\nthe director of the budget and certification to the chairmen of the\\nsenate finance and assembly ways and means committees, regulations\\nestablishing standards of payment for care provided foster children when\\nthe care of such children is subject to public financial support, when\\nsuch care is provided by relatives, authorized agencies, family boarding\\nhomes, or state agencies. Such standards of payment shall include the\\ncare required to be provided for foster children and the cost of such\\ncare. When the office of children and family services has established\\nsuch standards, reimbursement under subdivision two of section one\\nhundred fifty-three-k of this chapter, for the care of foster children\\nshall be limited in accordance with such standards.\\n * NB Effective until June 30, 2027\\n * (2) The department shall promulgate, subject to consultation with\\nappropriate state agencies, the approval of the director of the budget\\nand certification to the chairmen of the senate finance and assembly\\nways and means committees, regulations establishing standards of payment\\nfor care provided foster children when the care of such children is\\nsubject to public financial support, when such care is provided by\\nrelatives, authorized agencies, family boarding homes, or state\\nagencies. Such standards of payment shall include the care required to\\nbe provided for the foster child and the cost of such care. When the\\ndepartment has established such standards, reimbursement under section\\none hundred fifty-three of this chapter, for the care of foster children\\nshall be limited in accordance with such standards.\\n * NB Effective June 30, 2027\\n (2-a) Those social services districts that as of January first, two\\nthousand five were paying at least one hundred percent of the applicable\\nrates published by the office of children and family services for the\\ntwo thousand four--two thousand five rate year for care provided to\\nfoster children in institutions, group residences, group homes and\\nagency boarding homes and/or the applicable administrative/services\\nrates published by the office for the operations of authorized agencies\\nfor care provided to foster children in therapeutic, special needs and\\nemergency foster boarding homes must pay for the two thousand five--two\\nthousand six rate year and for each subsequent rate year thereafter at\\nleast one hundred percent of the applicable rates published by the\\noffice for that rate year. Those social services districts that as of\\nJanuary first, two thousand five were paying less than the applicable\\nrates published by the office for the two thousand four--two thousand\\nfive rate year for care provided to foster children in institutions,\\ngroup residences, group homes and agency boarding homes and/or the\\napplicable administrative/services rates published by the office for the\\noperations of authorized agencies for care provided to foster children\\nin therapeutic, special needs and emergency foster boarding homes must\\nincrease their rates of payment so that: effective July first, two\\nthousand five, the difference between the percentage of the applicable\\nrates published by the office for the two thousand five--two thousand\\nsix rate year and the rates such districts are paying is at least\\ntwo-thirds less than the difference between the percentage of the\\napplicable rates published by the office for the two thousand four--two\\nthousand five rate year and the rates that such districts were paying\\nfor such programs on January first, two thousand five; and effective\\nJuly first, two thousand six for the two thousand six--two thousand\\nseven rate year and for each subsequent year thereafter all social\\nservices districts shall pay at least one hundred percent of the\\napplicable rates published by the office for the applicable rate year.\\n (2-b) Payments made directly by social services districts to foster\\nboarding homes for foster care pursuant to this section may be made by\\ndirect deposit or debit card, as elected by the recipient, and\\nadministered electronically, and in accordance with such guidelines as\\nmay be set forth by regulation of the office of children and family\\nservices. The office of children and family services may enter into\\ncontracts on behalf of social services districts for such direct deposit\\nor debit card services in accordance with section twenty-one-a of this\\nchapter.\\n (2-c) Those social services districts that as of July first, two\\nthousand twenty-two were paying at least one hundred percent of the\\napplicable rates published by the office of children and family services\\nfor the two thousand twenty-two--two thousand twenty-three rate year for\\ncare provided to foster children in regular, therapeutic, special needs,\\nand emergency foster boarding homes shall pay for the two thousand\\ntwenty-two--two thousand twenty-three rate year and for each subsequent\\nrate year thereafter at least one hundred percent of the applicable\\nrates published by the office of children and family services for that\\nrate year. Those social services districts that as of July first, two\\nthousand twenty-two were paying less than the applicable rates published\\nby the office of children and family services for the two thousand\\ntwenty-two--two thousand twenty-three rate year for care provided to\\nfoster children in regular, therapeutic, special needs and emergency\\nfoster boarding homes shall increase their rates of payment so that:\\neffective July first, two thousand twenty-two the difference between the\\npercentage of the applicable rates published by the office of children\\nand family services for the two thousand twenty-two--two thousand\\ntwenty-three rate year and the rates such districts are paying is at\\nleast one-half less than the difference between the percentage of the\\napplicable rates published by the office of children and family services\\nfor the two thousand twenty-two--two thousand twenty-three rate year and\\nthe rates that such districts were paying for such programs on July\\nfirst, two thousand twenty-two; and effective July first, two thousand\\ntwenty-three for the two thousand twenty-three--two thousand twenty-four\\nrate year and for each subsequent year thereafter all social services\\ndistricts shall pay at least one hundred percent of the applicable rates\\npublished by the office of children and family services for the\\napplicable rate year.\\n (3) If the commissioner finds that a social services district or a\\ncity containing a social services district has adopted regulations\\nestablishing standards of payment for care provided foster children by\\nrelatives, authorized agencies or family boarding homes, when the care\\nof such children is subject to public financial support, which standards\\nare substantially equivalent to those promulgated by the department,\\nsuch department standards shall not be applicable in such district or\\ncity.\\n (4) If and so long as federal aid is available therefor and subject to\\nthe approval of the director of the budget, the department is authorized\\nto conduct a three year demonstration project to test the effectiveness\\nof establishing capitated rates for foster care. The demonstration\\nproject shall be entitled the homerebuilders demonstration project. The\\ngoal of the project shall be to demonstrate how innovative methods to\\nfund foster care programs may result in the discharge of children from\\nfoster care to suitable, permanent homes in a more timely manner, at no\\nadditional costs to state and local governments, through service\\ncontinuity, intensified discharge planning, pre-adoption services,\\nafter-care services and/or post-adoption services. Notwithstanding any\\ninconsistent provision of law, in order to implement a demonstration\\nproject relating to the effectiveness of establishing capitated rates\\nfor foster care, the department may waive provisions set forth in: (a)\\nsection one hundred fifty-three and this section, with regard to\\nlimitations on capitated reimbursement to a social services district for\\nafter-care or post-adoption services to children and families\\nparticipating in the homerebuilders demonstration project, where the\\nchild is no longer in the care and custody or custody and guardianship\\nof the local commissioner of social services; and (b) subparagraph (ii)\\nof paragraph (e) of subdivision five of section four hundred nine-a of\\nthis title, with regard to limitations on reimbursement for intensive\\nhome based family preservation services to children participating in the\\nhomerebuilders demonstration project who are in the care and custody or\\ncustody and guardianship of a local commissioner of social services; and\\n(c) the regulations promulgated implementing such provisions of law. The\\nauthority of the department to waive such provisions shall be limited to\\nthe purpose of implementing such demonstration project and shall expire\\nwith the completion of the demonstration project, unless otherwise\\nauthorized by law. The department shall report to the governor and the\\nlegislature on the status of the homerebuilders demonstration project at\\nleast annually after its commencement and shall submit a final report\\nthereon to the governor and the legislature no later than July first,\\nnineteen hundred ninety-seven. Such final report shall set forth the\\nfindings of the homerebuilders demonstration project and any\\nrecommendations for statutory or regulatory changes.\\n (5) (a) The office of children and family services shall establish,\\nsubject to consultation with appropriate state agencies, the approval of\\nthe director of the budget and federal approval, standards of payment\\nfor the capital costs of approved projects for residential institutions\\nfor children which enter into a lease, sublease or other agreement with\\nthe dormitory authority pursuant to subdivision forty of section sixteen\\nhundred eighty of the public authorities law. The maintenance rate\\nestablished by the commissioner of the office of children and family\\nservices for such residential institutions for children shall be\\nestablished in two parts, one part of which will be the capital\\nfinancing add on rate, which shall be the cost per child of the annual\\npayment pursuant to such lease, sublease or other agreement. The\\napplicable social services district or school district responsible for\\nthe maintenance cost of a child placed in such residential institution\\nfor children, must agree to pay and is responsible for paying the\\nresidential institution for children one hundred percent of the capital\\nfinancing add-on rate for each such child placed in such institution. To\\nthe extent permissible under federal law and regulation, the capital\\nfinancing add-on rate shall not be subject to any cost screens, caps or\\nparameters limiting or reducing the amount of such cost required by this\\nsubdivision.\\n (b) The expenditures made by a social services district or school\\ndistrict for the capital financing add on rate for children placed by a\\ncommittee on special education of a school district in a residential\\ninstitution for children which has a lease, sublease or other agreement\\nwith the dormitory authority pursuant to subdivision forty of section\\nsixteen hundred eighty of the public authorities law, shall be subject\\nto state reimbursement in accordance with subdivision ten of section one\\nhundred fifty-three of this chapter or article eighty-nine of the\\neducation law, as applicable.\\n (c) The expenditures of a social services district for the capital\\nfinancing add-on rate for foster children placed in a residential\\ninstitution for children which has a lease, sublease or other agreement\\nwith the dormitory authority pursuant to subdivision forty of section\\nsixteen hundred eighty of the public authorities law shall be subject to\\nfifty percent state reimbursement from the office of children and family\\nservices, net of any available federal funds, for the portion of the\\ncosts that exceed the district's foster care block grant allocation.\\n * (6) (a) Any federal paycheck protection program loan forgiveness\\nfunding or other extraordinary federal funding, as determined by the\\noffice of children and family services, received by an authorized agency\\nas defined in subdivision ten of section three hundred seventy-one of\\nthis article, to the extent consistent with federal law, shall be\\ndisregarded when calculating the maximum state aid rate when such\\nfunding is utilized for allowable costs or expenses incurred due to the\\nstate of emergency that was declared in executive order two hundred two\\non March seventh, two thousand twenty. Allowable costs or expenses shall\\ninclude costs incurred due to the pandemic, as allowable pursuant to the\\nprogram through which such funding was received or, to the extent\\npermitted by federal law, expenses related to offsetting lost revenue\\ndue to a reduction in placements that can be directly attributed to the\\nnovel coronavirus (COVID-19) pandemic.\\n (b) The office of children and family services shall hold harmless the\\nprospective maximum state aid rate to the extent that extraordinary\\nfederal revenue was disregarded in accordance with paragraph (a) of this\\nsubdivision for the two thousand twenty-one--two thousand twenty-two\\nrate year and subsequent applicable rate years.\\n * NB Repealed April 16, 2026\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "398-B", "title" : "Transition to managed care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01" ], "docLevelId" : "398-B", "activeDate" : "2015-05-01", "sequenceNo" : 532, "repealedDate" : null, "fromSection" : "398-B", "toSection" : "398-B", "text" : " § 398-b. Transition to managed care. 1. Notwithstanding any\\ninconsistent provision of law to the contrary and subject to the\\navailability of federal financial participation, the commissioner is\\nauthorized to make grants up to a gross amount of five million dollars\\nfor state fiscal year two thousand fourteen--fifteen and up to a gross\\namount of fifteen million dollars for state fiscal year two thousand\\nfifteen--sixteen to facilitate the transition of foster care children\\nplaced with voluntary foster care agencies to managed care. The use of\\nsuch funds may include providing training and consulting services to\\nvoluntary agencies to assess readiness and make necessary infrastructure\\nand organizational modifications, collecting service utilization and\\nother data from voluntary agencies and other entities, and making\\ninvestments in health information technology, including the\\ninfrastructure necessary to establish and maintain electronic health\\nrecords. Such funds shall be distributed pursuant to a formula to be\\ndeveloped by the commissioner of health, in consultation with the\\ncommissioner of the office of children and family services. In\\ndeveloping such formula the commissioners may take into account size and\\nscope of provider operations as a factor relevant to eligibility for\\nsuch funds. Each recipient of such funds shall be required to document\\nand demonstrate the effective use of funds distributed herein. If\\nfederal financial participation is unavailable, then the nonfederal\\nshare of payments pursuant to this subdivision may be made as state\\ngrants.\\n 2. Data provided by voluntary foster care agencies shall be compliant\\nwith the health insurance portability and accountability act, and shall\\nbe transmitted securely using eMEDS or other mechanism to be determined\\nby the department of health. Such data may be used by the department of\\nhealth to establish rates of payment for managed care organizations for\\nservices provided to children in foster care. In establishing such rates\\nthe commissioner of health shall also take into account care\\ncoordination services that will continue to be provided by the voluntary\\nfoster care agencies.\\n 3. The commissioner of health shall issue a report to be made public\\non the department of health's website. Such report shall conform to the\\nrequirements of subdivision five of section ninety-two of part H of\\nchapter fifty-nine of the laws of two thousand eleven.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "398-C", "title" : "Powers and duties of the commissioner in relation to children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398-C", "activeDate" : "2014-09-22", "sequenceNo" : 533, "repealedDate" : null, "fromSection" : "398-C", "toSection" : "398-C", "text" : " § 398-c. Powers and duties of the commissioner in relation to\\nchildren. 1. The commissioner shall determine whether a child, whose\\nreport is submitted to the department pursuant to subparagraph five of\\nparagraph b of subdivision one of section forty-four hundred two of the\\neducation law or subdivision thirteen of section three hundred\\nninety-eight of this article, will likely need adult services and, if\\nsuch need will likely exist, develop a recommendation of all appropriate\\nprograms authorized or operated by the department which may be available\\nwhen the child attains the age of twenty-one. If necessary and\\nappropriate, the commissioner may conduct an evaluation of the child to\\ndetermine if adult services will be necessary. Such recommendation of\\nall programs shall be made available to the parent or guardian of such\\nchild as soon as practicable but no later than six months before such\\nchild attains the age of twenty-one.\\n 2. If the commissioner determines pursuant to subdivision one of this\\nsection, that such child will not require adult services, the\\ncommissioner shall notify the child's parent or guardian in writing of\\nsuch determination. Such notice shall be given as soon as practicable\\nbut no later than six months before the child attains the age of\\ntwenty-one.\\n 3. Notwithstanding subdivisions one and two of this section, the\\ncommissioner may determine that the department is not responsible for\\ndetermining and recommending adult services for such child. When such a\\ndetermination is made it shall be made as soon as practicable after\\nreceiving the report and the commissioner shall promptly notify in\\nwriting the committee on special education, multidisciplinary team or\\nsocial services official who sent the report that such determination has\\nbeen made. Such notice shall state the reasons for the determination and\\nmay recommend a state agency which may be responsible for determining\\nand recommending adult services.\\n 4. Nothing in this section shall be construed to create an entitlement\\nto adult services.\\n 5. A designee of the commissioner may carry out the functions of the\\ncommissioner described in this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "398-D", "title" : "Child welfare services community demonstration projects", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "398-D", "activeDate" : "2014-09-22", "sequenceNo" : 534, "repealedDate" : null, "fromSection" : "398-D", "toSection" : "398-D", "text" : " § 398-d. Child welfare services community demonstration projects. 1.\\nThe legislature finds that the centralized delivery of child protective\\nservices, preventive services, adoption services and foster care\\nservices in a social service district with a population of more than two\\nmillion hinders their effective delivery and adds unnecessary costs.\\nNumerous studies have recommended that such services serve small areas,\\nbe located in such areas, and be integrated. Such relocation will: give\\ncaseworkers greater knowledge of their assigned community, the residents\\nof that community and the availability of community-based services;\\nincrease the availability of caseworkers; reduce travel time for\\ncaseworkers; enable children in foster care to remain in their own\\ncommunities and schools and maintain their friendships; enable children\\nin foster care to have greater visitation with their parents; provide\\nfor more effective delivery of preventive services; and expedite\\nadoptions and otherwise reduce the amount of time children spend in\\nfoster care.\\n The relocation of child welfare service delivery to the community\\nsites will strengthen efforts to provide a wide range of community-based\\nearly intervention programs including, but not limited to, school-based\\nhealth clinics and community schools, thereby ensuring the continued\\ndevelopment of a critical mass of community services.\\n 2. No later than March first, nineteen hundred ninety-six, a social\\nservice district with a population in excess of two million shall\\nimplement at least three demonstration projects for a period of at least\\ntwo years to provide child welfare services on a community level to\\nimprove the delivery of child welfare services, increase adoptions and\\nreduce the rate of foster care placements. These projects shall be\\nlocated in and serve community school districts which have high rates\\nof: children at risk of becoming a part of the foster care system,\\npoverty, households on public assistance, juvenile delinquency, and\\nunemployment. Such projects shall provide foster care, preventive,\\nadoption and child protective services as required by this article.\\n 3. In proposed demonstration areas, child welfare services must be\\ncoordinated with community schools, school health clinics, and other\\nrelevant programs to provide and administer the most efficient services.\\nIn one demonstration area, the district shall use a caseworker to client\\nratio equal to the preferred national average of one to fourteen.\\n 4. A report evaluating such projects shall be presented no later than\\nJune first, nineteen hundred ninety-eight, to the governor, the\\ndepartment and the respective chairpersons of the assembly children and\\nfamilies committee, the senate children and families committee, the\\nassembly ways and means committee, and the senate finance committee.\\nSuch report shall include:\\n (a) the number of children and families who received preventive\\nservices, child protective services and foster care, (b) the number of\\ndelinquent and incarcerated youth in the demonstration projects, (c) the\\nlength of an average foster care placement, (d) the number of completed\\nadoptions for youth residing within the demonstration area, including\\ntheir age, gender, race, ethnicity and religion, (e) the gross\\nexpenditures for foster care, compared to the gross expenditures for\\nchild protective, preventive and adoption services, (f) changes in the\\nquality and quantity of time spent by caseworkers with clients, (g)\\nstaffing ratios of foster care, preventive and child protective\\nservices, (h) the perspective (attitude, viewpoint, outlook) of\\ncaseworkers serving and clients served in the demonstration project, and\\n(i) recommendations for expansion of community-based provisions for\\nchild welfare services. For purposes of the report, the data described\\nabove should be compared to the extent possible with non-demonstration\\nareas.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "398-E", "title" : "Eligibility for protective services, foster care services, and residential services for victims of domestic violence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-16" ], "docLevelId" : "398-E", "activeDate" : "2022-12-16", "sequenceNo" : 535, "repealedDate" : null, "fromSection" : "398-E", "toSection" : "398-E", "text" : " § 398-e. Eligibility for protective services, foster care services,\\nand residential services for victims of domestic violence. A noncitizen,\\nincluding a non-qualified alien, as determined by applicable federal\\nstatute and regulation, is eligible for protective services for adults\\nand children, foster care services, and residential services for victims\\nof domestic violence, to the extent such person is otherwise eligible\\npursuant to this chapter and the regulations of the office of children\\nand family services and the office of temporary and disability\\nassistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "399", "title" : "Children discharged from state institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "399", "activeDate" : "2014-09-22", "sequenceNo" : 536, "repealedDate" : null, "fromSection" : "399", "toSection" : "399", "text" : " § 399. Children discharged from state institutions. The\\ncommissioner of social services shall co-operate with the state\\ninstitutions for delinquent, mentally disabled and physically\\nhandicapped children to ascertain the conditions of the home and the\\ncharacter and habits of the parents of a child before his discharge from\\na state institution, and make recommendations as to the advisability of\\nreturning said child to his home. In case the commissioner of social\\nservices shall deem it unwise to have any such child returned to his\\nformer home, such state institution may, with the consent of the\\ncommissioner, place such child into the care of said commissioner of\\nsocial services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "400", "title" : "Removal of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "400", "activeDate" : "2014-09-22", "sequenceNo" : 537, "repealedDate" : null, "fromSection" : "400", "toSection" : "400", "text" : " § 400. Removal of children. 1. When any child shall have been placed\\nin an institution or in a family home by a social services official,\\nthe social services official may remove such child from such institution\\nor family home and make such disposition of such child as is provided by\\nlaw, provided however, that in the case of a child who is a patient in a\\nhospital licensed or operated by the office of mental health, such\\nsocial services official may remove such child only upon the written\\nauthorization of the medical director of the facility in which the child\\nis a patient. A medical director may only refuse to authorize the\\nremoval of a child if involuntary care and treatment of the child is\\nwarranted. In such case the director shall institute necessary civil\\ncommitment proceedings in accordance with article nine of the mental\\nhygiene law.\\n 2. Any person aggrieved by such decision of a social services\\nofficial may appeal to the department pursuant to the provisions of\\nsection twenty-two of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "401", "title" : "Births to inmates of public homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "401", "activeDate" : "2014-09-22", "sequenceNo" : 538, "repealedDate" : null, "fromSection" : "401", "toSection" : "401", "text" : " § 401. Births to inmates of public homes. No commissioner of public\\nwelfare shall provide care in a public home for any pregnant woman\\nduring confinement unless such public home has adequate hospital or\\ninfirmary facilities, is equipped to give the necessary medical and\\nnursing care and has a certificate from the department authorizing such\\npublic home to care for maternity cases. Certificates authorizing a\\npublic home to care for maternity cases may be issued by the department\\nfor a one-year period, subject to renewal, but may be revoked at any\\ntime by the department. If the public home is not so certified, a\\ncommissioner of public welfare shall, a reasonable time before the\\nexpected confinement of any pregnant woman inmate, provide suitable\\nmaintenance and medical care for her in a hospital or some other place\\nequipped to give adequate care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "402", "title" : "Children forbidden in public homes", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "402", "activeDate" : "2014-09-22", "sequenceNo" : 539, "repealedDate" : null, "fromSection" : "402", "toSection" : "402", "text" : " § 402. Children forbidden in public homes. No public welfare\\nofficial shall send a child to be cared for in a public home, and no\\ncommissioner of public welfare and no superintendent of a public home\\nshall receive a child in a public home, except that a child under the\\nage of two years may be cared for with his mother in a public home.\\nSuch child shall not remain in the public home after he becomes two\\nyears of age. Provided, however, that when so authorized by the\\ndepartment a child may be sent to a general hospital connected with a\\npublic home or to a separate institution located in the grounds of a\\npublic home used only for special or temporary care of children.\\nProvided, further, that the provisions of this section shall not be\\ndeemed to prohibit the placement of a child or minor in a public\\ninstitution for children, as defined in section three hundred\\nseventy-one of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "403", "title" : "The religious faith of children and minors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "403", "activeDate" : "2014-09-22", "sequenceNo" : 540, "repealedDate" : null, "fromSection" : "403", "toSection" : "403", "text" : " § 403. The religious faith of children and minors. The religious\\nfaith of children and minors between sixteen and eighteen years of age\\ncoming under the jurisdiction of public welfare officials shall be\\npreserved and protected in accordance with section three hundred\\nseventy-three.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "404", "title" : "Juvenile justice services close to home initiative", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2023-05-12" ], "docLevelId" : "404", "activeDate" : "2023-05-12", "sequenceNo" : 541, "repealedDate" : null, "fromSection" : "404", "toSection" : "404", "text" : " * § 404. Juvenile justice services close to home initiative. 1. A\\nsocial services district in a city with a population in excess of one\\nmillion may implement a close to home initiative to provide juvenile\\njustice services to all adjudicated juvenile delinquents determined by a\\nfamily court in such district as needing placement other than in a\\nsecure facility and to enter into contracts with any authorized agency,\\nas defined by section three hundred seventy-one of this chapter, to\\noperate and maintain non-secure and limited secure facilities. Such a\\nsocial services district shall have sufficient capacity to serve all\\nadjudicated juvenile delinquents needing residential placements within\\nthe district within twenty-four months of approval of a plan for each\\nsetting level except for those juvenile delinquents who need specialized\\nservices that are not available within the district.\\n 2. A social services district shall obtain prior approval from the\\noffice of children and family services of its plan for establishing and\\nimplementing such an initiative in accordance with guidelines\\nestablished and in the format, and including the information required,\\nby such office. Such district shall submit separate plans for how the\\ndistrict will implement initiatives for juvenile delinquents placed in\\nnon-secure settings and in limited secure settings. Any such plan shall\\nspecify, in detail, as applicable:\\n (a) how the district will provide a continuum of evidence informed,\\nhigh-quality community-based and residential programming that will\\nprotect community safety and provide appropriate services to youth,\\nincluding the operation of non-secure and limited secure facilities, in\\nsufficient capacity and in a manner designed to meet the needs of\\njuvenile delinquents cared for under the initiative. Such programming\\nshall be based on an analysis of recent placement trends of youth from\\nwithin such district, including the number of youth who have been placed\\nin the custody of the office of children and family services for\\nplacement in other than a secure facility;\\n (b) the anticipated start-up and on-going services and administrative\\ncosts of the initiative;\\n (c) the readiness of the district to establish the initiative and the\\navailability of all needed resources, including the location of services\\nand availability of the providers that will provide all necessary\\nservices under the initiative including, but not limited to,\\nresidential, non-residential, educational, medical, substance abuse,\\nmental health and after care services and community supervision;\\n (d) the proposed effective date of the plan and documentation of the\\ndistrict's readiness to begin accepting and appropriately serving\\njuvenile delinquents under the plan;\\n (e) how the district will provide necessary and appropriate staffing\\nto implement the initiative;\\n (f) how the district will monitor the quality of services provided to\\nyouth, including how the district will provide case management services;\\n (g) how, throughout the initiative, the district will seek and receive\\non-going community and stakeholder input relating to the implementation\\nand effectiveness of the initiative;\\n (h) how the district will ensure that all staff working directly with\\nyouth served under the initiative have received necessary and\\nappropriate training;\\n (i) how the district will monitor the use of restraints on youth,\\nincluding, but not limited to, the use of mechanical restraints;\\n (j) how the district will develop and implement programs and policies\\nto ensure program safety and that youth receive appropriate services\\nbased on their needs, including, but not limited to, educational,\\nbehavioral, mental health and substance abuse services in accordance\\nwith individualized treatment plans developed for each youth;\\n (k) how the district will develop and implement gender specific\\nprogramming and policies to meet the specialized needs of lesbian, gay,\\nbisexual and transgender youth;\\n (l) how the district will develop and implement programming that is\\nculturally competent to meet the diverse needs of the youth;\\n (m) how the district will develop and implement local programs that\\nwill seek to reduce the disproportionate placement of minority youth in\\nresidential programs in the juvenile justice system;\\n (n) how the district will develop and implement a plan to reduce the\\nnumber of youth absent without leave from placement;\\n (o) how the district will develop and implement policies to serve\\nyouth in the least restrictive setting consistent with the needs of\\nyouth and public safety, and to avoid modifications of placements to the\\noffice of children and family services;\\n (p) how the district will engage in permanency and discharge planning\\nfor juvenile delinquents placed in its custody including, but not\\nlimited to, securing adequate housing and health insurance and education\\nand employment, as appropriate;\\n (q) how the district will develop and implement a comprehensive after\\ncare program to provide services and supports for youth who have\\nre-entered the community following a juvenile justice placement with the\\ndistrict;\\n (r) how the district will develop and implement policies focused on\\nreducing recidivism of youth who leave the program;\\n (s) how the local probation department will implement a comprehensive\\npredisposition investigation process that includes, at least, the use of\\nappropriate assessments to determine the cognitive,\\neducational/vocational, and substance abuse needs of the youth and the\\nuse of a validated risk assessment instrument, approved by the office of\\nchildren and family services; and how the district will implement an\\nintake process for youth placed in residential care that includes the\\nuse of appropriate assessments to determine the medical, dental, mental\\nand behavioral health needs of the youth; and\\n (t) how the district will provide for the restrictive setting and\\nprograms necessary to serve youth who need placement in a limited secure\\nsetting consistent with the necessity for the protection of the health\\nand safety of the juvenile delinquents in the facility and the\\nsurrounding community.\\n 3. (a) Prior to submitting any plan pursuant to subdivision two of\\nthis section to implement a juvenile justice services close to home\\ninitiative for juvenile delinquents placed in non-secure settings, the\\nsocial services district shall conduct at least one public hearing on\\nthe proposed plan. Any such public hearings shall only be held after\\nthirty days notice has been provided in a newspaper of general\\ncirculation within the jurisdiction for which the social services\\ndistrict is located. The notice shall specify the times of the public\\nhearing and provide information on how written comments on the plan may\\nbe submitted to the district for consideration. Additionally, for a\\nperiod of at least thirty days prior to a hearing, the district shall\\npost on its website a notice of the hearing, a copy of the proposed\\nplan, and information on how written comments on the plan may be\\nsubmitted to the district for consideration.\\n (b) Prior to submitting a plan pursuant to subdivision two of this\\nsection to implement a juvenile justice services close to home\\ninitiative for juvenile delinquents placed in limited secure settings,\\nthe social services district shall:\\n (i) hold at least one forum in each of the five boroughs within the\\ndistrict for community members and relevant stakeholders including\\npotential provider agencies to discuss, in general, the manner in which\\nthe district intends to provide the residential and aftercare services\\nto youth who need placement in limited secure settings in a manner to\\nprotect community safety and provide appropriate services to such youth,\\nand to respond to concerns and receive suggested alternatives;\\n (ii) conduct at least one public hearing in each of the five boroughs\\nwithin the district on the proposed plan. Such public hearings shall\\nonly be held after thirty days notice has been provided in a newspaper\\nof general circulation in the respective borough. The notice shall\\nspecify the time of the hearing in the respective borough and provide\\ninformation on how written comments on the plan may be submitted to the\\ndistrict for consideration. Additionally, for a period of at least\\nthirty days prior to each such hearing, the district shall post on its\\nwebsite a notice of the hearing, a copy of the proposed plan, and\\ninformation on how written comments on the plan may be submitted to the\\ndistrict for consideration.\\n 4. The social services district shall submit, with any such plan, an\\nassessment of any written comments received, and any comments presented\\nat the public hearing. At a minimum, such assessment shall contain:\\n (a) a summary and analysis of the issues raised and significant\\nalternatives suggested;\\n (b) a statement of the reasons why any significant alternatives were\\nnot incorporated into the plan; and\\n (c) a description of any changes made to the plan as a result of such\\ncomments.\\nAt the time of, or prior to, the submission of each such plan to the\\noffice, the social services district shall post on its website the plan\\nand the assessment of comments. At the time it submits its plan to the\\noffice, the social services district shall provide a copy of the plan\\nand assessment of comments to the temporary president of the senate and\\nthe speaker of the assembly.\\n 5. The office of children and family services, in consultation with\\nthe office of mental health and the office of alcoholism and substance\\nabuse services, shall be authorized to request amendments to any plan\\nprior to approval. For any plan that only covers juvenile delinquents\\nplaced in non-secure settings, the office shall, within thirty days of\\nreceiving the plan, either approve or disapprove the plan or request\\namendments to the plan. If any amendments are requested to the plan, the\\noffice shall approve or disapprove the plan within fifteen days of its\\nresubmission with the requested amendments. For any plan that covers\\njuvenile delinquents placed in limited secure settings, the office\\nshall, within sixty days of receiving the plan, either approve or\\ndisapprove the plan or request amendments to the plan. If any amendments\\nare requested to the plan, the office shall approve or disapprove the\\nplan within fifteen days of its resubmission with the requested\\namendments. In no event shall the office approve such a plan for limited\\nsecure settings prior to April first, two thousand thirteen.\\n 6. (a) Notwithstanding any other provision of law to the contrary, if\\nthe office of children and family services approves a social services\\ndistrict's plan to implement a juvenile justice services close to home\\ninitiative for juvenile delinquents placed in non-secure settings, such\\noffice shall work with such district to identify those juvenile\\ndelinquents in the office's custody residing in non-secure placements\\nand those conditionally released from a facility who were placed by a\\nfamily court within the jurisdiction of said social services district.\\nThe office shall evaluate the placement length and the needs of such\\njuvenile delinquents and, where appropriate, file a petition pursuant to\\nsection 355.1 of the family court act to transfer custody of such youth\\nto said social services district on the effective date of the plan, or\\nas soon as appropriate thereafter, but in no event later than ninety\\ndays after such effective date; provided, however, if the office\\ndetermines, on a case-by-case basis, for reasons documented in writing\\nsubmitted to the social services district, that a transfer within ninety\\ndays of the effective date of the plan would be detrimental to the\\neducation or the emotional, mental or physical health of a youth, or\\nwould seriously interfere with the youth's interstate transfer or\\nimminent discharge, the office shall provide an estimated time by which\\nthe office expects to be able to petition for the transfer of such youth\\nor to release such youth from its care, and shall notify the district\\nand the attorney for the respondent of any delay of that expected date\\nand the reasons for such a delay.\\n (b) Notwithstanding any other provision of law to the contrary, if the\\noffice approves a social services district's plan to implement a\\njuvenile justice services close to home initiative for juvenile\\ndelinquents placed in limited-secure settings, such office shall work\\nwith such district to identify juvenile delinquents in the office's\\ncustody residing in limited secure placements who were placed by a\\nfamily court in the social services district. The office of children and\\nfamily services shall evaluate the placement length and needs of such\\njuvenile delinquents and, where appropriate, file a petition pursuant to\\nsection 355.1 of the family court act to transfer custody of such youth\\nto said social services district on the effective date of the plan or as\\nsoon as appropriate thereafter, but in no event later than ninety days\\nafter such effective date; provided, however, if the office determines,\\non a case-by-case basis, for reasons documented in writing submitted to\\nthe social services district, that a transfer within ninety days of the\\neffective date of the plan would be detrimental to the education or the\\nemotional, mental or physical health of a youth, or would seriously\\ninterfere with the youth's interstate transfer or imminent discharge,\\nthe office shall provide an estimated time by which the office expects\\nto be able to petition for the transfer of such youth or to release such\\nyouth from its care, and shall notify the district and the attorney for\\nthe respondent of any delay of that expected date and the reasons for\\nsuch a delay.\\n 7. (a) Notwithstanding the provisions of paragraph (c) of subdivision\\nfifteen of section five hundred one of the executive law, or any other\\nlaw to the contrary, if the office of children and family services\\napproves a social services district's plan for a juvenile justice\\nservices close to home initiative to implement services for juvenile\\ndelinquents placed in non-secure or limited secure settings, such office\\nshall be authorized, for up to a year after the effective date of the\\nfirst of any such approved plan for a district to implement services for\\neach setting level, but in no event later than September first, two\\nthousand fourteen: (1) to close any of its facilities in the\\ncorresponding setting levels covered by the approved plan and to make\\nsignificant associated service reductions and public employee staffing\\nreductions and transfer operations for those setting levels to a private\\nor not-for-profit entity, as determined by the commissioner of the\\noffice of children and family services solely to reflect the decrease in\\nthe number of juvenile delinquents placed with such office from such\\nsocial services district; (2) to reduce costs to the state and other\\nsocial services districts resulting from such decrease; and (3) to\\nadjust services to provide regionally-based care to juvenile delinquents\\nfrom other parts of the state needing services in those levels of\\nresidential services. At least sixty days prior to taking any such\\naction, the commissioner of the office shall provide notice of such\\naction to the speaker of the assembly and the temporary president of the\\nsenate and shall post such notice upon its public website. Such notice\\nmay be provided at any time on or after the date the office approves a\\nplan authorizing a social services district to implement programs for\\njuvenile delinquents placed in the applicable setting level. Such\\ncommissioner shall be authorized to conduct any and all preparatory\\nactions which may be required to effectuate such closures or significant\\nservice or staffing reductions and transfer of operations during such\\nsixty day period. In assessing which of such facilities to close, or at\\nwhich to implement any significant service reductions, public employee\\nstaffing reductions and/or transfer of operations to a private or\\nnot-for-profit entity, the commissioner shall consider the following\\nfactors: (1) ability to provide a safe, humane and therapeutic\\nenvironment for placed youth; (2) ability to meet the educational,\\nmental health, substance abuse and behavioral health treatment needs of\\nplaced youth; (3) community networks and partnerships that promote the\\nsocial, mental, economic and behavioral development of placed youth; (4)\\nfuture capacity requirements for the effective operation of youth\\nfacilities; (5) the physical characteristics, conditions and costs of\\noperation of the facility; and (6) the location of the facility in\\nregards to costs and ease of transportation of placed youth and their\\nfamilies.\\n (b) Any transfers of capacity or any resulting transfer of functions\\nshall be authorized to be made by the commissioner of the office of\\nchildren and family services and any transfer of personnel upon such\\ntransfer of capacity or transfer of functions shall be accomplished in\\naccordance with the provisions of section seventy of the civil service\\nlaw.\\n 8. (a) Notwithstanding any other provision of law to the contrary,\\neligible expenditures during the applicable time periods made by a\\nsocial services district for an approved juvenile justice services close\\nto home initiative shall, if approved by the department of family\\nassistance, be subject to reimbursement with state funds only up to the\\nextent of an annual appropriation made specifically therefor, after\\nfirst deducting therefrom any federal funds properly received or to be\\nreceived on account thereof; provided, however, that when such funds\\nhave been exhausted, a social services district may receive state\\nreimbursement from other available state appropriations for that state\\nfiscal year for eligible expenditures for services that otherwise would\\nbe reimbursable under such funding streams. Any claims submitted by a\\nsocial services district for reimbursement for a particular state fiscal\\nyear for which the social services district does not receive state\\nreimbursement from the annual appropriation for the approved close to\\nhome initiative may not be claimed against that district's appropriation\\nfor the initiative for the next or any subsequent state fiscal year.\\n (b) The department of family assistance is authorized, in its\\ndiscretion, to make advances to a social services district in\\nanticipation of the state reimbursement provided for in this section.\\n (c) A social services district shall conduct eligibility\\ndeterminations for federal and state funding and submit claims for\\nreimbursement in such form and manner and at such times and for such\\nperiods as the department of family assistance shall determine.\\n (d) Notwithstanding any inconsistent provision of law or regulation of\\nthe department of family assistance, state reimbursement shall not be\\nmade for any expenditure made for the duplication of any grant or\\nallowance for any period.\\n (e) Claims submitted by a social services district for reimbursement\\nshall be paid after deducting any expenditures defrayed by fees, third\\nparty reimbursement, and any non-tax levy funds including any donated\\nfunds.\\n (f) The office of children and family services shall not reimburse any\\nclaims for expenditures for residential services that are submitted more\\nthan twenty-two months after the calendar quarter in which the\\nexpenditures were made.\\n (g) Notwithstanding any other provision of law, the state shall not be\\nresponsible for reimbursing a social services district and a district\\nshall not seek state reimbursement for any portion of any state\\ndisallowance or sanction taken against the social services district, or\\nany federal disallowance attributable to final federal agency decisions\\nor to settlements made, when such disallowance or sanction results from\\nthe failure of the social services district to comply with federal or\\nstate requirements, including, but not limited to, failure to document\\neligibility for the federal or state funds in the case record. To the\\nextent that the social services district has sufficient claims other\\nthan those that are subject to disallowance or sanction to draw down the\\nfull annual appropriation, such disallowance or sanction shall not\\nresult in a reduction in payment of state funds to the district unless\\nthe district requests that the department use a portion of the\\nappropriation toward meeting the district's responsibility to repay the\\nfederal government for the disallowance or sanction and any related\\ninterest payments.\\n (h) Rates for residential services. (i) The office shall establish the\\nrates, in accordance with section three hundred ninety-eight-a of this\\nchapter, for any non-secure facilities established under an approved\\njuvenile justice services close to home initiative. For any such\\nnon-secure facility that will be used primarily by the social services\\ndistrict with an approved close to home initiative, final authority for\\nestablishment of such rates and any adjustments thereto shall reside\\nwith the office, but such rates and any adjustments thereto shall be\\nestablished only upon the request of, and in consultation with, such\\nsocial services district.\\n (ii) A social services district with an approved juvenile justice\\nservices close to home initiative for juvenile delinquents placed in\\nlimited secure settings shall have the authority to establish and\\nadjust, on an annual or regular basis, maintenance rates for limited\\nsecure facilities providing residential services under such initiative.\\nSuch rates shall not be subject to the provisions of section three\\nhundred ninety-eight-a of this chapter but shall be subject to maximum\\ncost limits established by the office of children and family services.\\n 9. Upon approval of a social services district's plan, the office of\\nchildren and family services shall notify the supervising family court\\njudge responsible for the family courts serving such district of the\\neffective date and placement settings covered by the plan.\\n (a) Beginning on the effective date of a district's approved plan that\\nonly covers juvenile delinquents placed in non-secure settings, a family\\ncourt judge serving in a county where such social services district is\\nlocated shall only be authorized to place an adjudicated juvenile\\ndelinquent in the custody of the commissioner of the office of children\\nand family services for placement in a secure or limited secure facility\\npursuant to section 353.3 or 353.5 of the family court act.\\n (b) Beginning on the effective date of a district's approved plan to\\nimplement programs for juvenile delinquents placed in limited secure\\nsettings, a family court judge serving in a county where such social\\nservices district is located shall only be authorized to place an\\nadjudicated juvenile delinquent in the custody of the commissioner of\\nthe office of children and family services for placement in a secure\\nfacility pursuant to section 353.3 or 353.5 of the family court act.\\n 10. If the social services district receives the necessary approval to\\nimplement a close to home initiative, the district shall implement the\\ninitiative in accordance with all applicable federal and state laws and\\nregulations. If the social services district receives the necessary\\napproval of a plan for juvenile delinquents placed in limited secure\\nsettings, the office shall promulgate regulations governing the\\noperation of such limited secure facilities. If such regulations are not\\nadopted prior to the date that an authorized agency applies for a\\nlicense to operate such a facility, the facility shall be subject to the\\nexisting regulations of the office that would apply to the operation of\\na foster care facility of the same size; provided, however, that the\\noffice shall be authorized to grant an exception to the authorized\\nagency, until such limited secure regulations are adopted, to any such\\nexisting regulation that the office determines would impede the ability\\nof the authorized agency to provide the restrictive setting and programs\\nnecessary to serve youth who need placement in a limited secure setting\\nin accordance with the approved plan. Any limited secure facility that\\nis granted such a waiver shall comply with any alternate requirements\\nthe office may consider necessary for the protection of the health or\\nsafety of the juvenile delinquents in the facility or the surrounding\\ncommunity. The office shall take all reasonable steps available to\\nfinalize the adoption of regulations governing the operation of such\\nlimited secure facilities no later than six months after it issues the\\nfirst license for a program to provide services to juvenile delinquents\\nplaced in limited secure settings but in no event shall such regulations\\nbe adopted on an emergency basis.\\n (a) The initiative shall be subject to the office of children and\\nfamily services' ongoing oversight and monitoring including, but not\\nlimited to: case record reviews; staff, family, and client interviews;\\non-site inspections; review of data regarding provider performance,\\nyouth and staff safety, and quality of care, which must be provided to\\nthe office in order to carry out its responsibilities, in the form and\\nmanner and at such times as required by the office; and continued\\nlicensing and monitoring of the authorized agencies providing services\\nunder the plan pursuant to this chapter.\\n (b) The social services district shall provide each juvenile\\ndelinquent with an appropriate level of services designed to meet his or\\nher individual needs and to enhance public safety and shall provide the\\noffice of children and family services with specific information as\\nrequired by the office, in the format and at such times as required by\\nsuch office, on the youth participating in the initiative and the\\nprograms serving such youth. Such information shall be provided to the\\noffice of children and family services on a monthly basis for the first\\ntwelve months immediately following the implementation of the programs\\nfor each level of care and shall be provided to such office on a\\nquarterly basis thereafter.\\n 11. The social services district shall submit an annual report to the\\noffice of children and family services, the temporary president of the\\nsenate and the speaker of the assembly, in the format required by such\\noffice, detailing overall initiative performance. Such report shall\\ninclude, but not be limited to:\\n (a) number of juvenile delinquents placed with the local social\\nservices district;\\n (b) number of juvenile delinquents placed in a non-secure facility\\nwith the social services district;\\n (c) number of juvenile delinquents placed in a limited secure facility\\nwith the social services district, as applicable;\\n (d) demographic information about juvenile delinquents in care;\\n (e) number of specialized beds in each category of specialized\\nprogram;\\n (f) number and nature of incident reports;\\n (g) number of juvenile delinquents absent without leave per facility;\\n (h) average length of stay;\\n (i) number of conditionally released juvenile delinquents;\\n (j) number of discharged juvenile delinquents who are subsequently\\nplaced with the district;\\n (k) number and nature of corrective action plans and resolutions;\\n (l) number of juvenile delinquents transferred between facilities,\\nincluding the number of juvenile delinquents transferred between\\nnon-secure and limited-secure facilities, as applicable; and\\n (m) number of petitions filed to transfer juvenile delinquents between\\nthe custody of the office and the social services district.\\n 12. If the office of children and family services determines that the\\nsocial services district is failing to adequately provide for the\\njuvenile delinquents placed under an approved plan, such office may\\nrequire the social services district to submit a corrective action plan,\\nfor such office's approval, demonstrating how it will rectify the\\ninadequacies in the time specified by the office, but no later than\\nthirty days from such request. If the office determines that the social\\nservices district is failing to make sufficient progress towards\\nimplementing the corrective action plan in the time and manner approved\\nby the office but no later than sixty days from the date of submission\\nof the corrective action plan, the office shall provide the district\\nwritten notice of such determination and the basis therefor, and mandate\\nthat the district take all necessary actions to implement the plan. If a\\ndistrict has failed, within a reasonable time thereafter as specified by\\nthe office based on the nature of the failure, which shall in no event\\nexceed sixty days, to make progress implementing any regulation, or any\\nother portion of such plan that is intended to prevent imminent danger\\nto the health, safety or welfare of the youth being served under the\\nplan, the office may withhold or set aside a portion of the funding due\\nunder subdivision eight of this section until the district demonstrates\\nthat sufficient progress is being made; or terminate the district's\\nauthority to operate all or a portion of the juvenile justice services\\nclose to home initiative, take all necessary steps to assume custody\\nfor, and provide services to, the applicable juvenile delinquents being\\nserved under the initiative, and discontinue funds provided to the\\ndistrict for such services. The office shall not withhold, set aside or\\ndiscontinue state aid to a district until written notice is given to the\\ncommissioner of the district, and in the event funding is withheld, set\\naside or discontinued, the district may appeal to the office, which\\nshall hold a fair hearing thereon in accordance with the provisions of\\nsection twenty-two of this chapter relating to fair hearings. The\\ndistrict may institute a proceeding for a review of the determination of\\nthe office following the fair hearing pursuant to article seventy-eight\\nof the civil practice law and rules. Any funds withheld, set aside or\\ndiscontinued pursuant to this provision shall be applied to address the\\nproblem which was the basis for such sanction. If the office terminates\\na district's authority to operate any portion of a juvenile justice\\nservices close to home initiative in accordance with this subdivision,\\nthe office shall notify the supervising family court judge responsible\\nfor the family courts serving such district of such termination and the\\neffective date of such termination.\\n 13. Once a plan becomes operative pursuant to this section, the social\\nservices district shall carry out the following functions, powers and\\nduties with respect to placements of juvenile delinquents in accordance\\nwith the provisions of such plan and all applicable federal and state\\nlaws and regulations:\\n (a) to enter into contracts with authorized agencies, as defined in\\nsection three hundred seventy-one of this chapter, to operate and\\nmaintain facilities authorized under such plan; such contracts may\\ninclude such program requirements as deemed necessary by the district;\\n (b) to determine the particular facility or program in which a\\njuvenile delinquent placed with the district shall be cared for, based\\nupon any applicable court order, pursuant to subdivision two of section\\n353.3 of the family court act, and an evaluation of such juvenile\\ndelinquent;\\n (c) to transfer a juvenile delinquent from one facility to any other\\nfacility, when the interests of such juvenile delinquent require such\\naction, upon prior notice to the respondent, the attorney for the\\nrespondent and the respondent's parent or legal guardian, unless an\\nimmediate change of placement is necessary, in which case such notice\\nshall be transmitted on the next business day; provided that, if the\\ndistrict has an approved plan to implement services for juvenile\\ndelinquents placed in limited secure settings, a juvenile delinquent\\ntransferred to a non-secure facility from a limited secure facility may\\nbe returned to a limited secure facility upon a determination by the\\ndistrict that, for any reason, care and treatment at the non-secure\\nfacility is no longer suitable;\\n (d) to cause a juvenile delinquent under the jurisdiction of the\\ndistrict who has run away from a facility run by the district or an\\nauthorized agency; or is conditionally released and has violated a\\ncondition of release therefrom, or if there is a change in circumstances\\nand the district determines that it would be consistent with the needs\\nand best interests of said juvenile delinquent and the need to protect\\nthe community; to be apprehended and returned to the district, detention\\nfacility, authorized agency, or program pursuant to regulations of the\\noffice of children and family services; provided further that:\\n (i) a social services official shall give immediate written notice to\\nboth the office and the family court when any juvenile delinquent placed\\nwith the social services district is absent from such placement without\\nconsent;\\n (ii) an authorized agency shall give immediate written notice to the\\noffice, the district and the family court when any juvenile delinquent\\nplaced by the district for care in such authorized agency is absent from\\nsuch placement without consent;\\n (iii) a magistrate may cause a runaway or conditionally released\\njuvenile delinquent to be held in custody until returned to the\\ndistrict;\\n (e) to issue a warrant for the apprehension and return of a juvenile\\ndelinquent under the jurisdiction of the district who has run away from\\na facility run by the district or an authorized agency; or is\\nconditionally released and has violated a condition of release\\ntherefrom, or if there is a change in circumstances and the district\\ndetermines that it would be consistent with the needs and best interest\\nof said juvenile delinquent and the need to protect the community;\\npursuant to regulations of the office of children and family services;\\nprovided that:\\n (i) a social services official, pursuant to the regulations of the\\noffice of children and family services, shall issue a warrant directed\\ngenerally to any peace officer, acting pursuant to such officer's\\nspecial duties, or police officer in the state for the apprehension and\\nreturn of any runaway or conditionally released juvenile delinquent\\nunder the jurisdiction of the district and such warrant shall be\\nexecuted by any peace officer, acting pursuant to such officer's special\\nduties, or police officer to whom it may be delivered; the social\\nservices district also shall provide relevant law enforcement agencies\\nwithin forty-eight hours with any photographs of any runaway or\\nconditionally released juvenile delinquent for whom a warrant is issued,\\ntogether with any pertinent information relative to such juvenile\\ndelinquent; such photographs shall remain the property of the social\\nservices district and shall be kept confidential for use solely in the\\napprehension of such juvenile delinquent and shall be returned promptly\\nto the district upon apprehension of such juvenile delinquent, or upon\\nthe demand of the district;\\n (f) to authorize an employee designated by the social services\\ndistrict, without a warrant, to apprehend a runaway or conditionally\\nreleased juvenile delinquent under the jurisdiction of the district who\\nhas run away from a facility run by the district or an authorized\\nagency; or is conditionally released and has violated a condition of\\nrelease therefrom, or if there is a change in circumstances and the\\ndistrict determines that it would be consistent with the needs and best\\ninterests of said juvenile delinquent and the need to protect the\\ncommunity; in any county in this state whose return has been ordered by\\nthe district pursuant to the regulations of the office, and return said\\njuvenile delinquent to any appropriate social services district,\\ndetention facility, authorized agency or program;\\n (g) pursuant to the regulations of the office of children and family\\nservices, to develop and operate programs for youth placed or referred\\nto the district or in conjunction with an order provided in accordance\\nwith section 353.6 of the family court act;\\n (h) upon the placement of any juvenile delinquent eighteen years of\\nage or older, or upon the eighteenth birthday of any youth placed in the\\ncustody of the social services district for an adjudication of juvenile\\ndelinquency for having committed an act which if committed by an adult\\nwould constitute a felony, and still in the custody of the social\\nservices district, to notify the division of criminal justice services\\nof such placement or birthday. Provided, however, in the case of a youth\\neleven or twelve years of age at the time the act or acts were\\ncommitted, the division of criminal justice services shall not be\\nprovided with the youth's name, unless the acts committed by such youth\\nwould constitute a class A or B felony. Upon the subsequent discharge it\\nshall be the duty of the social services district to notify the division\\nof criminal justice services of that fact and the date of discharge. For\\nthe purposes of this paragraph, a youth's age shall be determined to be\\nthe age stated in the placement order;\\n (i) to provide juvenile delinquents in residential placements with\\nreasonable and appropriate visitation by family members and consultation\\nwith their legal representative in accordance with the regulations of\\nthe office of children and family services; and\\n (j) to provide residential care in programs subject to the regulations\\nof the office of children and family services, for infants born to or\\nbeing nursed by female juvenile delinquents placed with the district;\\nresidential care for such an infant may be provided for such period of\\ntime as is deemed desirable for the welfare of the mother or infant.\\n 14. The following persons shall be authorized to visit, at their\\npleasure, all programs operated by a social services district pursuant\\nto, or in accordance with this section: the governor; lieutenant\\ngovernor; comptroller; attorney general; members of the legislature;\\njudges of the court of appeals; judges from supreme court, family court\\nand county courts and district attorneys, county attorneys and attorneys\\nemployed in the office of the corporation counsel having jurisdiction\\nwithin the applicable social services district or county where a program\\nis located; and any person or agency otherwise authorized by statute.\\n 15. A juvenile delinquent in the care of the social services district\\nwho attends public school while in residence at a facility shall be\\ndeemed a resident of the school district where the youth's parent or\\nguardian resides at the commencement of each school year for the purpose\\nof determining which school district shall be responsible for the\\nyouth's tuition.\\n 16. The social services district shall be permitted to appear as\\namicus in any action involving an appeal from a decision of any court of\\nthis state that relates to programs, conditions or services provided by\\nsuch district or any authorized agency with which the district has\\nplaced a juvenile delinquent pursuant to this section. Written notice\\nshall be given by the corporation counsel of the city of New York, or\\ncounty attorney, as applicable, to the parties to the appeal when such\\namicus status is requested.\\n 17. Notwithstanding any provision of law to the contrary, the social\\nservices district may delay acceptance of a juvenile delinquent in\\ndetention who is placed in the district's custody in accordance with the\\nregulations of the office of children and family services; provided,\\nhowever, that where the juvenile delinquent is in detention, such delay\\nmay not exceed fifteen days from the date the placement was made except\\nas provided for in subdivision three of section three hundred\\nninety-eight of this article.\\n 18. No order that places a juvenile delinquent in the custody of the\\nsocial services district that recites the facts upon which it is based\\nshall be deemed or held to be invalid by reason of any imperfection or\\ndefect in form.\\n * NB Repealed March 31, 2028\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 15 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T3", "title" : "Child Welfare Services", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 542, "repealedDate" : null, "fromSection" : "406", "toSection" : "408", "text" : " TITLE 3\\n CHILD WELFARE SERVICES\\nSection 406. Department of social welfare designated as state agency.\\n 407. Powers of department of social welfare.\\n 408. Custodian of funds.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "406", "title" : "Department of social welfare designated as state agency", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "406", "activeDate" : "2014-09-22", "sequenceNo" : 543, "repealedDate" : null, "fromSection" : "406", "toSection" : "406", "text" : " § 406. Department of social welfare designated as state agency. The\\ndepartment is hereby designated as the agency of the state to administer\\nand expend any and all grants of moneys allocated or made available to\\nthe state under the provisions of the federal social security act for\\nchild welfare services as defined in such act, subject to the provisions\\nof such act and rules and regulations established thereunder and to the\\nlaws of the state and rules and regulations established by the state\\ncomptroller.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "407", "title" : "Powers of department of social welfare", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "407", "activeDate" : "2014-09-22", "sequenceNo" : 544, "repealedDate" : null, "fromSection" : "407", "toSection" : "407", "text" : " § 407. Powers of department of social welfare. The department is\\nhereby authorized and required:\\n 1. to prepare a plan or plans for such child welfare services and\\nupon their approval by such federal authority to execute the same. Such\\nplans shall make provision for coordination between the services\\nprovided under such plans and the services provided as family assistance\\nunder title ten of article five with the view of providing welfare and\\nrelated services which will best promote the welfare of children and\\ntheir families.\\n 2. to allocate and disburse to districts, counties or other local\\nsubdivisions of the state such amounts from moneys received by the state\\nunder the provisions of this title as are available for payment of part\\nof the cost of district, county or other local child welfare services in\\naccordance with such approved plans. Such district, county and other\\nlocal subdivisions of the state are hereby authorized to receive and\\nexpend such allotments but only for the purposes of such plans and\\nsubject to the supervision and general direction of the department.\\nSuch district, county and other local subdivisions shall, when required\\nby the department to comply with the provisions of such approved plan,\\nperform the functions required.\\n 3. to develop within the department services for the encouragement\\nand assistance of adequate methods of community child welfare\\norganization in accordance with such approved plans.\\n 4. to establish and to alter and amend such regulations as may be\\nnecessary for the administration of such plans and the provisions of\\nthis title.\\n 5. to prepare for inclusion in the annual report required by\\nsubdivision (d) of section seventeen of this chapter to be filed with\\nthe governor and the legislature prior to the fifteenth day of December\\nof each year, a written evaluation report of the delivery of child\\nwelfare services in the state. Such evaluation report shall include,\\nbut need not be limited to, supervision of foster care and the agencies\\nproviding such care, information on the types of problems creating the\\nneed for foster care placements, preventive and protective services, the\\ntransfer of children in care and the reasons therefor, identification of\\ntarget groups not receiving adequate services, and projected plans for\\nproviding services to such groups. Such report shall include progress\\nmade and problems encountered in the implementation of \"the child\\nwelfare reform act of 1979\", and amendments thereto. Such report shall\\nalso include aggregate expenditures; persons receiving services; cost\\ncomparisons among social services districts, among types of services and\\nservices programs, and among fiscal periods; unit costs; and\\ncost-effectiveness of the provision of preventive services pursuant to\\ntitle four of this chapter. In developing such evaluation, the\\ndepartment shall consult and coordinate with the board of social\\nwelfare, the division for youth, and the departments of mental hygiene,\\nhealth and education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "408", "title" : "Custodian of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "408", "activeDate" : "2014-09-22", "sequenceNo" : 545, "repealedDate" : null, "fromSection" : "408", "toSection" : "408", "text" : " § 408. Custodian of funds. The department of taxation and finance is\\nhereby authorized to accept and receive on behalf of the state any and\\nall grants or allotments of money made available to the state by or\\npursuant to the federal social security act for such child welfare\\nservices. All moneys so accepted and received shall be deposited by the\\ndepartment of taxation and finance to the credit of a special fund for\\nuse exclusively for the purposes for which such grants or allotments\\nwere made. The department shall certify to the comptroller all\\nexpenditures to be made from such special fund for payment of the part\\nof the cost of district, county or other local child welfare services\\nand for developing state services for the encouragement and assistance\\nof adequate methods of community child welfare organization. Such\\nexpenditures may be made for personal service and for administrative and\\nother costs of operation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T4", "title" : "Preventive Services For Children and Their Families", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 546, "repealedDate" : null, "fromSection" : "409", "toSection" : "409-A", "text" : " TITLE 4\\n PREVENTIVE SERVICES FOR CHILDREN AND THEIR FAMILIES\\nSection 409. Preventive services; definition.\\n 409-a. Preventive services; provision by social services\\n officials.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409", "title" : "Preventive services; definition", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409", "activeDate" : "2014-09-22", "sequenceNo" : 547, "repealedDate" : null, "fromSection" : "409", "toSection" : "409", "text" : " § 409. Preventive services; definition. As used in this title,\\n\"preventive services\" shall mean supportive and rehabilitative services\\nprovided, in accordance with the provisions of this title and\\nregulations of the department, to children and their families for the\\npurpose of: averting an impairment or disruption of a family which will\\nor could result in the placement of a child in foster care; enabling a\\nchild who has been placed in foster care to return to his family at an\\nearlier time than would otherwise be possible; or reducing the\\nlikelihood that a child who has been discharged from foster care would\\nreturn to such care.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-A", "title" : "Preventive services; provision by social services officials", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2019-12-20", "2020-12-18", "2021-01-29", "2022-01-07", "2022-03-04", "2022-04-15", "2022-06-24", "2023-01-06", "2023-05-12", "2023-05-19", "2024-01-05", "2024-08-30" ], "docLevelId" : "409-A", "activeDate" : "2023-05-19", "sequenceNo" : 548, "repealedDate" : null, "fromSection" : "409-A", "toSection" : "409-A", "text" : " § 409-a. Preventive services; provision by social services officials.\\n1. (a) A social services official shall provide preventive services to\\na child and his or her family, in accordance with the family's service\\nplan as required by section four hundred nine-e of this chapter and the\\nsocial services district's child welfare services plan submitted and\\napproved pursuant to section four hundred nine-d of this chapter, upon a\\nfinding by such official that (i) the child will be placed, returned to\\nor continued in foster care unless such services are provided and that\\nit is reasonable to believe that by providing such services the child\\nwill be able to remain with or be returned to his or her family, and for\\na former foster care youth under the age of twenty-one who was\\npreviously placed in the care and custody or custody and guardianship of\\nthe local commissioner of social services or other officer, board or\\ndepartment authorized to receive children as public charges where it is\\nreasonable to believe that by providing such services the former foster\\ncare youth will avoid a return to foster care or * (ii) the child is the\\nsubject of a petition under article seven of the family court act or by\\nthe probation service, to be at risk of being the subject of such a\\npetition, and the social services official determines that the child is\\nat risk of placement into foster care or\\n * NB Effective until June 30, 2027\\n* (ii) the child is the subject of a petition under article seven of the\\nfamily court act, or has been determined by the assessment service\\nestablished pursuant to section two hundred forty-three-a of the\\nexecutive law, or by the probation service where no such assessment\\nservice has been designated, to be at risk of being the subject of such\\na petition, and the social services official determines according to\\nstandards promulgated pursuant to section three hundred ninety-eight-b\\nof this chapter that the child is at risk of placement into foster care.\\nSuch finding shall be entered in the child's uniform case record\\nestablished and maintained pursuant to section four hundred nine-f of\\nthis chapter. The commissioner shall promulgate regulations to assist\\nsocial services officials in making determinations of eligibility for\\nmandated preventive services pursuant to clause (ii) of this paragraph.\\n * NB Effective June 30, 2027\\n(iii) the child is under the age of twelve, the child does not fall\\nunder the definition of a juvenile delinquent pursuant to subparagraph\\n(iii) of paragraph (a) of subdivision one of section 301.2 of the family\\ncourt act and but for their age, their behavior would bring them within\\nthe jurisdiction of the family court pursuant to article three of the\\nfamily court act, and the social services official determines that the\\nchild is at risk of placement into foster care. Such finding shall be\\nentered in the child's uniform case record established and maintained\\npursuant to section four hundred nine-f of this article. The\\ncommissioner shall promulgate regulations to assist social services\\nofficials in making determinations of eligibility for mandated\\npreventive services pursuant to this subparagraph.\\n (b) When a child and his family have received preventive services for\\na period of six months pursuant to this subdivision, the social services\\nofficial shall continue to provide such services only upon making a new\\nfinding that the child will be placed or continued in foster care unless\\nsuch services are provided and that it is reasonable to believe that by\\nproviding such services, the child will be able to remain with or be\\nreturned to his family. Such new finding shall be entered in the child's\\nuniform case record established and maintained pursuant to section four\\nhundred nine-f of this chapter.\\n 2. A social services official is authorized to provide preventive\\nservices to a child and his family to accomplish the purposes set forth\\nin section four hundred nine of this chapter, when such services are not\\nrequired to be provided pursuant to subdivision one of this section.\\n 3. * (a) A social services official is authorized to provide community\\npreventive services to communities likely to benefit from such services\\nto accomplish the purposes set forth in section four hundred nine of\\nthis chapter. Social services officials may apply to the office of\\nchildren and family services for waiver of eligibility and\\nadministrative requirements for preventive services to be provided\\npursuant to this subdivision. Such application shall include a plan\\nsetting forth the services to be provided, the persons or community that\\nwill receive the services and the estimated cost of such services. Upon\\napproval of the application by the office of children and family\\nservices, eligibility requirements established in statute or regulation\\nmay be waived for those persons and communities identified in the plan\\nas recipients of the services set forth in the plan. Where services are\\nadministered pursuant to a plan approved by the office of children and\\nfamily services, the office of children and family services may waive\\nthe requirements of section four hundred nine-f or four hundred\\nforty-two of this article.\\n * NB Effective until June 30, 2027\\n * (a) A social services official is authorized to provide community\\npreventive services to communities likely to benefit from such services\\nto accomplish the purposes set forth in section four hundred nine of\\nthis chapter. Social services officials may apply to the department for\\nwaiver of eligibility and administrative requirements for preventive\\nservices to be provided pursuant to this subdivision. Such application\\nshall include a plan setting forth the services to be provided, the\\npersons or community that will receive the services and the estimated\\ncost of such services. Upon approval of the application by the\\ndepartment, eligibility requirements established in statute or\\nregulation may be waived for those persons and communities identified in\\nthe plan as recipients of the services set forth in the plan. Where\\nservices are administered pursuant to a plan approved by the department,\\nthe department may waive the requirements of sections one hundred\\nfifty-three-d and three hundred ninety-eight-b of this chapter\\npertaining to denial or reimbursement. Where such a waiver is approved,\\nthe department approval must specify standards whereby services provided\\nwill be subject to denial of reimbursement. Where services are\\nadministered pursuant to a plan approved by the department, the\\ndepartment may waive the requirements of section four hundred nine-f or\\nfour hundred forty-two of this article.\\n * NB Effective June 30, 2027\\n (b) The department must inform social services districts of procedures\\ngoverning application for waivers of eligibility and administrative\\nrequirements and approval of waivers of eligibility and administrative\\nrequirements. Where such waivers are granted, the department shall have\\nthe authority to establish alternative standards to be followed by\\nsocial services officials who are granted waivers by the department.\\nUpon approval of an application for such waivers, the department\\napproval must specify the requirements being waived and any alternative\\nstandards established.\\n (c) Community preventive services may be provided pursuant to this\\nsubdivision through demonstration projects to the extent the department\\nmakes funds available for such projects.\\n (d) The department shall develop an evaluation plan no later than\\nApril first, nineteen hundred eighty-eight, for community service\\ndemonstration projects and, subject to the approval of the director of\\nthe budget, may use up to five percent of the amount annually\\nappropriated for project grants to conduct such evaluation which shall\\ninclude but need not be limited to: an assessment of the effectiveness\\nof various service delivery models in creating or enhancing linkages\\namong school, housing, health, and income support services available in\\nthe community; the effectiveness of various preventive services in\\naverting family disruption; the cost effectiveness of providing\\ncommunity focused preventive services; the impact of this service\\nprovision on requirements for more intensive mandated preventive\\nservices; and, the feasibility of replicating successful service models\\nin other communities throughout the state.\\n 4. Preventive services may be provided directly by the social services\\nofficial or through purchase of service, in accordance with regulations\\nof the department.\\n 5. (a) Regulations of the department, promulgated pursuant to and not\\ninconsistent with this section, shall contain program standards\\nincluding, but not limited to: specification of services to be\\nclassified as preventive services; appropriate circumstances and\\nconditions for the provision of particular services; appropriate\\nproviders and recipients of such services; and time limits, as may be\\nappropriate, for the provision of particular services. The department\\nshall, subject to the approval of the director of the budget, establish\\nreimbursement or charge limitations for particular services or groups of\\nservices to be provided. The department shall also promulgate\\nregulations to prevent social services districts from overutilizing\\nparticular forms or types of preventive services and to encourage\\ndistricts to provide balanced preventive services programs based on the\\nidentified needs of children and families residing in such districts.\\n (b) The program standards promulgated pursuant to this subdivision\\nshall be developed with the participation of the child welfare standards\\nadvisory council established pursuant to section four hundred nine-h of\\nthis chapter and in consultation with public and voluntary authorized\\nagencies, citizens' groups and concerned individuals and organizations,\\nincluding the state council on children and families.\\n * (c) Notwithstanding any other provision of this section, where a\\nsocial services official determines that a lack of adequate housing is\\nthe primary factor preventing the discharge of a child or children from\\nfoster care including, but not limited to, children with the goal of\\ndischarge to independent living, preventive services shall include, in\\naddition to any other payments or benefits received by the family,\\nspecial cash grants in the form of rent subsidies, including rent\\narrears, or any other assistance, sufficient to obtain adequate housing.\\nSuch rent subsidies or assistance shall not exceed the sum of three\\nhundred dollars per month, shall not be provided for a period of more\\nthan three years, and shall be considered a special grant. Nothing in\\nthis paragraph shall be construed to limit the ability of those using\\nsuch rent subsidy to live with roommates. The provisions of this\\nparagraph shall not be construed to limit such official's authority to\\nprovide other preventive services.\\n * NB Effective until January 1, 2024\\n * (c) Notwithstanding any other provision of this section, where a\\nsocial services official determines that a lack of adequate housing is\\nthe primary factor preventing the discharge of a child or children from\\nfoster care including, but not limited to, children with the goal of\\ndischarge to independent living, preventive services shall include, in\\naddition to any other payments or benefits received by the family,\\nspecial cash grants in the form of rent subsidies, including rent\\narrears, or any other assistance, sufficient to obtain adequate housing.\\nSuch rent subsidies or assistance shall not exceed the sum of seven\\nhundred twenty-five dollars per month, shall not be provided for a\\nperiod of more than three years, and shall be considered a special\\ngrant. Nothing in this paragraph shall be construed to limit the ability\\nof those using such rent subsidy to live with roommates. The provisions\\nof this paragraph shall not be construed to limit such official's\\nauthority to provide other preventive services.\\n * NB Effective January 1, 2024\\n (e) (i) A social services official is authorized to establish and\\noperate, or contract for the establishment and operation of, intensive,\\nhomebased, family preservation programs.\\n (ii) Notwithstanding any other provision of law, reimbursement for\\nintensive, homebased family preservation services shall be limited to\\nthose programs that reduce or avoid the need for foster care of children\\nwho are in imminent danger of placement. Such programs shall employ\\ncaseworkers trained in family preservation techniques and who provide at\\nleast half of their direct services in the client's residence or\\ntemporary home, work with no more than four families at any given time,\\nprovide direct therapeutic services for up to thirty days which may be\\nextended up to an additional thirty days per family and are available\\ntwenty-four hours a day. No program described herein shall receive\\nreimbursement unless such program agrees to collect and provide to the\\ndepartment information necessary to evaluate and assess the degree to\\nwhich such program results in lower costs to the state and to social\\nservices districts than those of foster care placement. Such information\\nshall be compiled in a manner that permits comparisons between families\\nserved by such programs and those families who meet eligibility criteria\\nbut who were not able to be served within available resources.\\n (f) Notwithstanding any other provision of law, where a social\\nservices official authorizes the provision of respite care, such care\\nshall mean the temporary care and supervision of a child to relieve\\nparents or other persons legally responsible for the care of such child\\nwhere immediate relief is needed to maintain or restore family\\nfunctioning.\\n 6. In accordance with regulations of the department, where the child's\\nfamily is able to pay all or part of the cost of such services, payments\\nof such fees as may be reasonable or other third party reimbursement as\\nmay be available in the light of such ability shall be required.\\nExpenditures subject to reimbursement pursuant to section four hundred\\nnine-b of this title shall be reduced by the sum of all fees received or\\nto be received pursuant to this subdivision.\\n * 7. Notwithstanding any other provision of this section, if a social\\nservices official determines that a lack of adequate housing is a factor\\nthat may cause the entry of a child or children into foster care and the\\nfamily has at least one service need other than lack of adequate\\nhousing, preventive services may include, in addition to any other\\npayments or benefits received by the family, special cash grants in the\\nform of rent subsidies, including rent arrears, or any other assistance,\\nsufficient to obtain adequate housing. Such rent subsidies or assistance\\nshall not exceed the sum of three hundred dollars per month, shall not\\nbe provided for a period of more than three years, and shall be\\nconsidered a special grant. Nothing in this subdivision shall be\\nconstrued to limit the ability of those using such rent subsidy to live\\nwith roommates. The provisions of this paragraph shall not be construed\\nto limit such official's authority to provide other preventive services.\\n * NB Effective until January 1, 2024\\n * 7. Notwithstanding any other provision of this section, if a social\\nservices official determines that a lack of adequate housing is a factor\\nthat may cause the entry of a child or children into foster care and the\\nfamily has at least one service need other than lack of adequate\\nhousing, preventive services may include, in addition to any other\\npayments or benefits received by the family, special cash grants in the\\nform of rent subsidies, including rent arrears, or any other assistance,\\nsufficient to obtain adequate housing. Such rent subsidies or assistance\\nshall not exceed the sum of seven hundred twenty-five dollars per month,\\nshall not be provided for a period of more than three years, and shall\\nbe considered a special grant. Nothing in this subdivision shall be\\nconstrued to limit the ability of those using such rent subsidy to live\\nwith roommates. The provisions of this paragraph shall not be construed\\nto limit such official's authority to provide other preventive services.\\n * NB There are two sub 7's\\n * NB Effective January 1, 2024\\n * 7. Notwithstanding any other provision of law, preventive services\\ninformation governed by this section may be released by the department,\\nsocial services district or other provider of preventive services to a\\nperson, agency or organization for purposes of a bona fide research\\nproject. Identifying information shall not be made available, however,\\nunless it is absolutely essential to the research purpose and the\\ndepartment gives prior approval. Information released pursuant to this\\nsubdivision shall not be re-disclosed except as otherwise permitted by\\nlaw and upon the approval of the department.\\n * NB There are 2 sub 7's\\n 8. In contracting for the provision of preventive services, social\\nservices districts shall, to the extent feasible, place such services in\\nareas with a high rate of child abuse and neglect and foster care\\nplacements. Social services districts shall, to the extent feasible,\\nconsider as a priority community-based organizations with a record of\\nproviding quality services to children and families in such communities.\\n 9. (a) Notwithstanding any provision of law to the contrary, records\\nrelating to children pursuant to this section shall be made available to\\nofficers and employees of the state comptroller, or of the city\\ncomptroller of the city of New York, or of the county officer designated\\nby law or charter to perform the auditing function in any county not\\nwholly contained within a city, for purposes of a duly authorized\\nperformance audit, provided, however that such comptroller or officer\\nshall have certified to the keeper of such records that he or she has\\ninstituted procedures developed in consultation with the department to\\nlimit access to client-identifiable information to persons requiring\\nsuch information for purposes of the audit, that such persons shall not\\nuse such information in any way except for purposes of the audit and\\nthat appropriate controls and prohibitions are imposed on the\\ndissemination of client-identifiable information obtained in the conduct\\nof the audit. Information pertaining to the substance or content of any\\npsychological, psychiatric, therapeutic, clinical or medical reports,\\nevaluations or like materials or information pertaining to such child or\\nthe child's family shall not be made available to such officers and\\nemployees unless disclosure of such information is absolutely essential\\nto the specific audit activity and the department gives prior written\\napproval.\\n (b) Any failure to maintain the confidentiality of client-identifiable\\ninformation shall subject such comptroller or officer to denial of any\\nfurther access to records until such time as the audit agency has\\nreviewed its procedures concerning controls and prohibitions imposed on\\nthe dissemination of such information and has taken all reasonable and\\nappropriate steps to eliminate such lapses in maintaining\\nconfidentiality to the satisfaction of the department. The department\\nshall establish the grounds for denial of access to records contained\\nunder this section and shall recommend as necessary a plan of\\nremediation to the audit agency, except as provided in this section,\\nnothing in this subdivision shall be construed as limiting the powers of\\nsuch comptroller or officer to records which he is otherwise authorized\\nto audit or obtain under any other applicable provision of law, any\\nperson given access to information pursuant to this subdivision who\\nreleased data or information to persons or agencies not authorized to\\nreceive such information shall be guilty of a class A misdemeanor.\\n 10. All sums received by the state under section 201 of Federal Public\\nLaw 105-89 shall be paid to the districts in proportion to the amount\\nearned by the district for federal adoption incentives and shall only be\\nused to provide preventive services to a child and his or her family as\\ndefined in paragraph (a) of subdivision five of this section, in\\naddition to those required by the maintenance of effort requirement\\ncontained in subdivision six of section one hundred fifty-three-i of\\nthis chapter, except that up to thirty percent of such sums may be used\\nto provide post-adoption services to children or families. Preventive\\nservices shall include substance abuse treatment services provided to\\npregnant women or a caretaker person in an outpatient, residential or\\nin-patient setting. Amounts expended by the state in accordance with\\nthis section shall be disregarded in determining the state's\\nexpenditures for purposes of federal matching payments under sections\\nfour hundred twenty-three, four hundred thirty-four and four hundred\\nseventy-four of this chapter.\\n * 11. (a) The office of children and family services shall collect the\\nfollowing data regarding preventive services, as defined in section four\\nhundred nine of this title, and compile an annual report on such data by\\nlocal social services district:\\n (i) the total number of children and families admitted to or receiving\\na new service authorization for preventive services during the preceding\\ncalendar year;\\n (ii) the total annual number of unduplicated children and families\\nreceiving one or more days of preventive services including how many new\\npreventive cases were opened during the preceding calendar year and to\\nthe extent such information is known and available after making all\\ndiligent efforts, the referral source for each new case;\\n (iii) the total number of children and families whose preventive\\nservices authorization was closed during the preceding calendar year;\\n (iv) a descriptive list of the services and their utilization rate, if\\npracticable, in each local social services district which utilize\\npreventive service funding as allowable under section one hundred\\nfifty-three-k of this chapter;\\n (v) a descriptive list and their utilization rate, if practicable, of\\nother preventive services provided by a local social services district\\nthat does not utilize preventive service funding pursuant to section one\\nhundred fifty-three-k of this chapter. For purposes of this paragraph,\\nother preventive services shall include but not be limited to primary\\npreventive services which may be funded through community optional\\npreventive services funding or home visiting funds;\\n (vi) the total number of children who entered foster care during the\\npreceding calendar year who had received preventive services at any\\npoint during the twelve-months prior to their entry into foster care;\\nand\\n (vii) any other information the commissioner may deem necessary to\\ninclude in said report.\\n (b) The office of children and family services shall submit such\\nreport to the governor, the speaker of the assembly, the temporary\\npresident of the senate, the chairpersons of the assembly and senate\\nchildren and families committees, the chairperson of the assembly ways\\nand means committee and the chairperson of the senate finance committee\\nstarting no later than September first, two thousand twenty-one. Such\\nreport shall include data and information required by paragraph (a) of\\nthis subdivision for the preceding calendar year, to the extent such\\ninformation is available. When practicable, such information shall be\\ndisaggregated by age, sex, race and ethnicity.\\n (c) The initial report shall include the aforementioned data from the\\npreceding two calendar years.\\n * NB Repealed September 1, 2024\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T4-A", "title" : "Child Welfare Services Planning and Administration", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-04-23" ], "docLevelId" : "4-A", "activeDate" : "2021-04-23", "sequenceNo" : 549, "repealedDate" : null, "fromSection" : "409-D", "toSection" : "409-H", "text" : " TITLE 4-A\\n CHILD WELFARE SERVICES PLANNING AND ADMINISTRATION\\nSection 409-d. District-wide child welfare services plan.\\n 409-e. Family service plan.\\n 409-f. Uniform case recording.\\n 409-g. Training of child welfare personnel.\\n 409-h. Assessment of appropriateness of placement in a qualified\\n residential treatment program.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-D", "title" : "District-wide child welfare services plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-D", "activeDate" : "2014-09-22", "sequenceNo" : 550, "repealedDate" : null, "fromSection" : "409-D", "toSection" : "409-D", "text" : " § 409-d. District-wide child welfare services plan. 1. Each social\\nservices district shall prepare and submit to the department, in such\\nform and manner and times as the department shall by regulation require,\\na district-wide child welfare services plan which shall be a component\\nof the district's multi-year consolidated services plan setting forth:\\nthe child welfare services needs of children and families for whom the\\nsocial services district is or may be responsible; historic program and\\nfiscal trends of the district in the level of care, maintenance and\\nservices provided to children and their families, including but not\\nlimited to expenditure trends, children and families served and costs of\\nservices provided; an assessment of projected program and fiscal\\nrequirements of the district in meeting identified needs in the next\\nstate fiscal year; and a description of the resources known to be\\navailable or likely to become available to meet those needs. Commencing\\nthe year following preparation of a multi-year consolidated services\\nplan, each social services district shall prepare an annual\\nimplementation report related to its child welfare services plan. As\\nused in this section \"services\" shall mean and include preventive\\nservices, foster care maintenance and services, and adoption services.\\nSuch regulations shall include but need not be limited to criteria and\\nmethodology for determining child welfare services needs and the\\nadequacy of the resources known to be available or likely to become\\navailable to meet those needs.\\n 2. The child welfare services plan and annual implementation reports\\nshall be developed by the district in consultation with other government\\nagencies concerned with the welfare of children residing in the\\ndistrict, authorized agencies, and other concerned individuals and\\norganizations. The plan as submitted to the department for approval and\\nas approved by the department shall be made available to such agencies,\\nindividuals and organizations upon request.\\n 3. (a) Each social services district shall submit its child welfare\\nservices plan and annual implementation reports pertaining to this plan\\nto the department as a component of the multi-year consolidated services\\nplan and subsequent annual implementation reports and the department\\nshall review and approve or disapprove the proposed plan in accordance\\nwith the procedures set forth in section thirty-four-a of this chapter.\\n (b) Such plan shall not be approved unless:\\n (i) it complies with the provisions of this section;\\n (ii) it demonstrates that child welfare services included in the plan\\nare appropriate to meet the assessed needs of the children and families\\nfor whom the social services district is or may be responsible;\\n (iii) it is consistent with applicable provisions of this chapter and\\nregulations of the department promulgated thereunder; and\\n (iv) it is in the format and includes such standardized information\\nand data as may be required by the department to effectively evaluate\\nsuch plans.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-E", "title" : "Family service plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-E", "activeDate" : "2014-09-22", "sequenceNo" : 551, "repealedDate" : null, "fromSection" : "409-E", "toSection" : "409-E", "text" : " § 409-e. Family service plan. 1. With respect to each child who is\\nidentified by a local social services district as being considered for\\nplacement in foster care as defined in section one thousand eighty-seven\\nof the family court act by a social services district, such district,\\nwithin thirty days from the date of such identification, shall perform\\nan assessment of the child and his or her family circumstances. Where a\\nchild has been removed from his or her home, within thirty days of such\\nremoval the local social services district shall perform an assessment\\nof the child and his or her family circumstances, or update any\\nassessment performed when the child was considered for placement. Any\\nassessment shall be in accordance with such uniform procedures and\\ncriteria as the office of children and family services shall by\\nregulation prescribe. Such assessment shall include the following:\\n (a) a statement of the specific immediate problems which appear to\\nrequire some intervention by the social services officials;\\n (b) a description of the long term family relationships, an assessment\\nof trends in the stability of the family unit, and of the likelihood\\nthat specific preventive services will increase family stabilization\\nsufficiently to prevent placement or to reduce the duration of a\\nnecessary placement;\\n (c) an estimate of the time period necessary to ameliorate the\\nconditions leading to a need for placement, and a description of any\\nimmediate actions that have been taken or must be taken during or\\nimmediately after the conclusion of the assessment; and\\n (d) where placement in foster care is determined necessary, the\\nreasonable efforts made to prevent or eliminate the need for placement\\nor the reason such efforts were not made, the kind and level of\\nplacement and the reasons therefor, whether the child will be placed\\nwith the child's siblings and half-siblings and, if not, the reasons\\ntherefor and the arrangements made for contact between the siblings and\\nhalf-siblings, identification of all available placement alternatives\\nand the specific reasons why they were rejected, an estimate of the\\nanticipated duration of placement, and plan for termination of services\\nunder appropriate circumstances, with specific explanation of the\\nreasons for such termination plan.\\n 2. Upon completion of any assessment provided for in subdivision one\\nof this section, and not later than thirty days after placement of a\\nchild in foster care pursuant to article three or seven of the family\\ncourt act or not later than thirty days after a child is removed from\\nhis or her home, the local social services district shall establish or\\nupdate and maintain a family service plan based on the assessment\\nrequired by subdivision one of this section. The plan shall be prepared\\nin consultation with the child's parent or guardian, unless such person\\nis unavailable or unwilling to participate, or such participation would\\nbe harmful to the child, and with the child if the child is ten years of\\nage or older, and, where appropriate, with the child's siblings. Such\\nconsultation shall be done in person, unless such a meeting is\\nimpracticable or would be harmful to the child. If it is impracticable\\nto hold such consultation in person, such consultation may be done\\nthrough the use of technology, including but not limited to,\\nvideoconferencing and teleconference technology. If the parent is\\nincarcerated or residing in a residential drug treatment facility, the\\nplan shall reflect the special circumstances and needs of the child and\\nthe family. The plan shall include at least the following:\\n (a) time frames for periodic reassessment of the care and maintenance\\nneeds of each child and the manner in which such reassessments are to be\\naccomplished;\\n (b) short term, intermediate and long range goals for the child and\\nfamily and actions planned to meet the need of the child and family and\\neach goal;\\n (c) identification of necessary and appropriate services and\\nassistance to the child and members of the child's family. The services\\nso identified shall, before being included in the family service plan,\\nbe assessed to determine the projected effectiveness of such plan\\nincluding but not limited to the following considerations:\\n (i) the family's concurrence with the plan;\\n (ii) the ability and motivation of the family to access services,\\nincluding geographic accessibility;\\n (iii) the relatedness of the services to the family's needs and its\\nsocio-economic and cultural circumstances; and\\n (iv) other factors which may impact upon the effectiveness of such\\nplan. The service plan shall also describe the availability of such\\nservices and the manner in which they are to be provided;\\n (d) any alternative plans for services where specific services are not\\navailable, and any viable options for services considered during the\\nplanning process;\\n (e) where placement in foster care is determined necessary,\\nspecification of the reasons for such determination, the kind and level\\nof placement, any available placement alternatives, an estimate of the\\nanticipated duration of placement, and plan for termination of services\\nunder appropriate circumstances.\\n 3. The plan shall be reviewed and revised, in accordance with the\\nprocedures and standards in subdivision two of this section, at least\\nwithin the first ninety days following the date the child was first\\nconsidered for placement in foster care, and, if the child has been\\nplaced in foster care pursuant to article three or seven of the family\\ncourt act or removed from his or her home, within the first ninety days\\nfollowing the date of placement or removal. The plan shall be further\\nreviewed and revised not later than one hundred twenty days from this\\ninitial review and at least every six months thereafter; provided,\\nhowever, that if a sibling or half-sibling of the child has previously\\nbeen considered for placement or removed from the home, the plan shall\\nbe further reviewed and revised on the schedule established for the\\nfamily based on the earliest of those events. Such revisions shall\\nindicate the types, dates and sources of services that have actually\\nbeen provided and an evaluation of the efficacy of such services, and\\nany necessary or desirable revisions in goals or planned services. The\\nreview and revision of the plan shall be prepared in consultation with\\nthe child's parent or guardian, unless such person is unavailable or\\nunwilling to participate, or such participation would be harmful to the\\nchild, and with the child if the child is ten years of age or older,\\nand, where appropriate, with the child's siblings. Such consultation\\nshall be done in person, unless such a meeting is impracticable or would\\nbe harmful to the child. If it is impracticable to hold such\\nconsultation in person, such consultation may be done through the use of\\ntechnology, including but not limited to, videoconferencing and\\nteleconference technology.\\n 4. In accordance with regulations of the department, relevant portions\\nof the assessment of the child and family circumstances, including but\\nnot limited to the material described in paragraph (d) of subdivision\\none of this section, and a complete copy of the family service plan,\\nestablished pursuant to subdivisions one and two, respectively, of this\\nsection shall be given to the child's parent or guardian, counsel for\\nsuch parent or guardian, and the child's attorney, if any, within ten\\ndays of preparation of any such plan.\\n 5. The family service plan developed in regard to a child in foster\\ncare pursuant to this section shall include the permanency plan provided\\nto the court in accordance with the family court act and this chapter.\\n 6. Nothing in this section shall require a social services district to\\ncomplete an assessment or service plan for a child who is in the custody\\nof the office of children and family services, unless the child is also\\nin the care and custody or custody and guardianship of the commissioner\\nof the social services district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-F", "title" : "Uniform case recording", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-F", "activeDate" : "2014-09-22", "sequenceNo" : 552, "repealedDate" : null, "fromSection" : "409-F", "toSection" : "409-F", "text" : " § 409-f. Uniform case recording. 1. With respect to each child\\ndescribed in subdivision one of section four hundred nine-e of this\\ntitle, the social services district shall establish and maintain a\\nuniform case record, consisting of the assessment, the family service\\nplan, descriptions of care, maintenance or services provided to such\\nchild and family and the dates provided, essential data relating to the\\nidentification and history of such child and family, all official\\ndocuments and records of any judicial or administrative proceedings\\nrelating to the district's contact with the child and family, and such\\nother records as the department may by regulation require to adequately\\nreview case management by the districts. The department shall by\\nregulation specify the format and contents of the uniform case record.\\nSuch regulation shall be developed in consultation with public and\\nvoluntary authorized agencies, citizens' groups and concerned\\nindividuals and organizations, including the state council on children\\nand families. The uniform case record shall be maintained by the\\ndistrict in a manner consistent with the confidential nature of such\\nrecords and shall be made available in accordance with applicable\\nprovisions of law. When a hearing has been requested in accordance with\\nsection twenty-two of this chapter, a copy of the portions of the record\\nrelevant to the hearing shall also be made available to the child's\\nparent or guardian, counsel for the parent or guardian, and, if\\nparticipating in the hearing, the child's attorney.\\n 2. Notwithstanding any other provision of law, uniform case record\\ninformation governed by this section may be released by the department,\\nsocial services district or other provider of child welfare services to\\na person, agency or organization for purposes of a bona fide research\\nproject. Identifying information shall not be made available, however,\\nunless it is absolutely essential to the research purpose and the\\ndepartment gives prior approval. Information released pursuant to this\\nsubdivision shall not be re-disclosed except as otherwise permitted by\\nlaw and upon the approval of the department.\\n 3. (a) Notwithstanding any inconsistent provision of law to the\\ncontrary, records relating to children pursuant to this section shall be\\nmade available to officers and employees of the state comptroller or of\\nthe city comptroller of the city of New York, or of the county officer\\ndesignated bylaw or charter to perform the auditing function in any\\ncounty not wholly contained within a city, for purposes of a duly\\nauthorized performance audit; provided, however, that such comptroller\\nor officer shall have certified to the keeper of such records that he or\\nshe has instituted procedures developed in consultation with the\\ndepartment to limit access to client-identifiable information to persons\\nrequiring such information for purposes of the audit, that such persons\\nshall not use such information in any way except for purposes of the\\naudit and that appropriate controls and prohibitions are imposed on the\\ndissemination of client-identifiable information obtained in the conduct\\nof the audit. Information pertaining to the substance or content of any\\npsychological, psychiatric, therapeutic, clinical or medical reports,\\nevaluations or like materials or information pertaining to such child or\\nthe child's family shall not be made available to such officers and\\nemployees unless disclosure of such information is absolutely essential\\nto the specific audit activity and the department gives prior written\\napproval.\\n (b) Any failure to maintain the confidentiality of client-identifiable\\ninformation shall subject such comptroller or officer to denial of any\\nfurther access to records until such time as the audit agency has\\nreviewed its procedures concerning controls and prohibitions imposed on\\nthe dissemination of such information and has taken all reasonable and\\nappropriate steps to eliminate such lapses in maintaining\\nconfidentiality to the satisfaction of the department. The department\\nshall establish the grounds for denial of access to records contained\\nunder this section and shall recommend as necessary a plan of\\nremediation to the audit agency. Except as provided in this section,\\nnothing in this subdivision shall be construed as limiting the powers of\\nsuch comptroller or officer to access records which he is otherwise\\nauthorized to audit or obtain under any other applicable provision of\\nlaw. Any person given access to information pursuant to this subdivision\\nwho releases data or information to persons or agencies not authorized\\nto receive such information shall be guilty of a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-G", "title" : "Training of child welfare personnel", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-G", "activeDate" : "2014-09-22", "sequenceNo" : 553, "repealedDate" : null, "fromSection" : "409-G", "toSection" : "409-G", "text" : " § 409-g. Training of child welfare personnel. Within the amounts\\nappropriated therefor, including all federal reimbursement received or\\nto be received on account thereof, the department shall develop and\\nimplement a plan for the training of social services district and other\\nauthorized agency personnel, including caseworkers involved in the\\nprovision or supervision of preventive services, foster care services\\nand adoption services. Such training shall include but need not be\\nlimited to:\\n 1. Permanence casework: casework methodologies focused on activities\\ndesigned to prevent placement in foster care or to shorten the length of\\nstay in care for those children who can be returned home or freed for\\nadoption;\\n 2. Development of skills to facilitate rehabilitation or restoration\\nof the family unit;\\n 3. Development of knowledge and skills in legally freeing children\\nfor adoption and providing adoption services;\\n 4. Development of knowledge and skills to prepare for court processes\\nnecessary in foster care and adoption; and\\n 5. Development of case management skills including planning for\\npermanence for each child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-H", "title" : "Assessment of appropriateness of placement in a qualified residential treatment program", "docType" : "SECTION", "publishedDates" : [ "2021-04-23", "2021-10-01", "2021-11-12" ], "docLevelId" : "409-H", "activeDate" : "2021-11-12", "sequenceNo" : 554, "repealedDate" : null, "fromSection" : "409-H", "toSection" : "409-H", "text" : " § 409-h. Assessment of appropriateness of placement in a qualified\\nresidential treatment program. 1. (a) Prior to a child's placement in a\\nqualified residential treatment program, as defined in subdivision four\\nof this section, but at least within thirty days of the start of a\\nplacement in a qualified residential treatment program of a child in the\\ncare and custody or the custody and guardianship of the commissioner of\\na local social services district or the office of children and family\\nservices that occurs on or after September twenty-ninth, two thousand\\ntwenty-one, a qualified individual as defined in subdivision five of\\nthis section shall complete an assessment as to the appropriateness of\\nsuch placement utilizing an age-appropriate, evidence-based, validated,\\nfunctional assessment tool approved by the federal government for such\\npurpose. Such assessment shall be in accordance with 42 United States\\nCode sections 672 and 675a and the state's approved title IV-E state\\nplan and shall include, but not be limited to: (i) an assessment of the\\nstrengths and needs of the child; and (ii) a determination of the most\\neffective and appropriate level of care for the child in the least\\nrestrictive setting, including whether the needs of the child can be met\\nwith family members or through placement in a foster family home, or in\\na setting specified in paragraph (c) of this subdivision, consistent\\nwith the short-term and long-term goals for the child as specified in\\nthe child's permanency plan. Such assessment shall be completed in\\nconjunction with the family and permanency team established pursuant to\\nparagraph (b) of this subdivision.\\n (b) The family and permanency team shall consist of all appropriate\\nbiological family members, relatives, and fictive kin of the child, as\\nwell as, as appropriate, professionals who are a resource to the family\\nof the child, including but not limited to, the attorney for the child\\nor the attorney for the parent if applicable, teachers, medical or\\nmental health providers who have treated the child, or clergy. In the\\ncase of a child who has attained the age of fourteen, the family and\\npermanency team shall include the members of the permanency planning\\nteam for the child in accordance with 42 United States Code section 675\\nand the state's approved title IV-E state plan.\\n (c) Where the qualified individual determines that the child may not\\nbe placed in a foster family home, the qualified individual must specify\\nin writing the reasons why the needs of the child cannot be met by the\\nchild's family or in a foster family home. A shortage or lack of foster\\nfamily homes shall not constitute circumstances warranting a\\ndetermination that the needs of the child cannot be met in a foster\\nfamily home. The qualified individual shall also include why such a\\nplacement is not the most effective and appropriate level of care for\\nsuch child. Such determination shall include whether the needs of the\\nchild can be met through placement in:\\n (i) An available supervised setting, as such term is defined in\\nsection three hundred seventy-one of this article;\\n (ii) If the child has been found to be, or is at risk of becoming, a\\nsexually exploited child as defined in subdivision one of section four\\nhundred forty-seven-a of this article, a setting providing residential\\ncare and supportive services for sexually exploited children;\\n (iii) A setting specializing in providing prenatal, post-partum or\\nparenting supports for youth; or\\n (iv) A qualified residential treatment program.\\n 2. The qualified individual or their designee shall promptly, but no\\nlater than five days following the completion of the assessment, provide\\nthe assessment, determination and documentation pursuant to subdivision\\none of this section to the court, the parent or guardian of the child,\\nand to the attorney for the child and the attorney for the parent, if\\napplicable, and a written summary detailing the assessment findings\\nrequired pursuant to subdivision one of this section to either the local\\nsocial services district or the office of children and family services\\nthat has care and custody or custody and guardianship of the child, as\\napplicable, and the parties to the proceeding, redacting any information\\nnecessary to comply with federal and state confidentiality laws.\\n 3. Where the qualified individual determines that the placement of the\\nchild in a qualified residential treatment program is not appropriate\\nafter the assessment conducted pursuant to subdivision one of this\\nsection, the child's placement shall continue until the court has an\\nopportunity to hold a hearing to consider the qualified individual's\\nassessment and make an independent determination required pursuant to\\nsection three hundred ninety-three of this article or sections 353.7,\\nseven hundred fifty-six-b, one thousand fifty-five-c, one thousand\\nninety-one-a or one thousand ninety-seven of the family court act, as\\napplicable. Provided however, nothing herein shall prohibit a motion\\nfrom being filed pursuant to sections 355.1, seven hundred sixty-four or\\none thousand eighty-eight of the family court act, as applicable. If the\\nappropriate party files such motion, the court shall hold a hearing, as\\nrequired, and also complete the assessment required pursuant to section\\nthree hundred ninety-three of this article or sections 353.7, seven\\nhundred fifty-six-b, one thousand fifty-five-c, one thousand\\nninety-one-a or one thousand ninety-seven of the family court act, as\\napplicable, at the same time. The court shall consider all relevant and\\nnecessary information as required and make a determination about the\\nappropriateness of the child's placement based on standards required\\npursuant to the applicable sections.\\n 4. \"Qualified residential treatment program\" means a program that is a\\nnon-foster family residential program in accordance with 42 United State\\nCode sections 672 and 675a and the state's approved title IV-E state\\nplan.\\n 5. \"Qualified individual\" shall mean a trained professional or\\nlicensed clinician acting within their scope of practice who shall have\\ncurrent or previous relevant experience in the child welfare field.\\nProvided however, such individual shall not be an employee of the office\\nof children and family services, nor shall such person have a direct\\nrole in case management or case planning decision making authority for\\nthe child for whom such assessment is being conducted, in accordance\\nwith 42 United States Code sections 672 and 675a and the state's\\napproved title IV-E state plan.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T4-B", "title" : "Services; Pregnant Adolescents", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4-B", "activeDate" : "2014-09-22", "sequenceNo" : 555, "repealedDate" : null, "fromSection" : "409-I", "toSection" : "409-N", "text" : " TITLE 4-B\\n SERVICES; PREGNANT ADOLESCENTS\\nSection 409-i. Short title; legislative findings; purpose.\\n 409-j. Case management.\\n 409-k. Case plan and service record.\\n 409-l. Advisory board.\\n 409-m. Reports.\\n 409-n. Implementation.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-I", "title" : "Short title; legislative findings; purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-I", "activeDate" : "2014-09-22", "sequenceNo" : 556, "repealedDate" : null, "fromSection" : "409-I", "toSection" : "409-I", "text" : " § 409-i. Short title; legislative findings; purpose. 1. This title\\nshall be known and may be cited and referred to as the \"teenage services\\nact\".\\n 2. The legislature finds that the rising incidence of adolescent\\npregnancy and teenage parenthood is the subject of a widespread and\\ngrowing concern. As a result of early pregnancy, the attainment of\\nneeded education and job skills is often curtailed. Coupled with the\\nadded responsibilities accompanying parenthood, these young families are\\noften locked into long term public dependency. Studies have confirmed\\nthat up to sixty percent of the current aid to families with dependent\\nchildren cases in New York state are headed by mothers who were\\nteenagers when they gave birth to their first child. In fact, the\\npredominant cause of welfare dependency in New York state may well be\\ndue to the result of teenage pregnancy and adolescent motherhood. The\\nobjective of this title is to increase the potential of these youths to\\nbecome financially independent by helping the teenager to complete her\\neducation, and receive sufficient manpower skills for participation in\\nthe labor market.\\n The department of social services is not only statutorily required to\\nprovide financial support to these dependent teenagers and their\\nchildren, but also has equal responsibility to provide personal\\ncounselling and support services needed to strengthen family life and\\nprovide opportunities for economic independence. In order to facilitate\\naccessibility to the full range of needed services, case management\\nresponsibilities should be assigned to appropriate local social services\\nstaff or to authorized agencies outside of the department. Any\\nreluctance or refusal on the part of the teenager to participate in a\\nprogram of services shall not carry any threat of fiscal sanctions as\\nregards public assistance benefits. In the event that a teenager refuses\\nto participate, it shall be the responsibility of the local social\\nservices district to make continued and repeated efforts to engage the\\nteenager in a counselling relationship which has as its result a\\nmutually agreed upon service plan which meets the objectives of this\\ntitle.\\n Therefore, this title provides for the establishment of a service case\\nmanagement system in order to strengthen the service role of the\\ndepartment of social services. Local social services districts shall be\\nrequired to separate public assistance cases involving pregnant\\nadolescents and teenage mothers under eighteen years of age, and assign\\nongoing case management services for such caseloads to appropriate staff\\nresponsible for service delivery. By defining such specialized\\ncaseloads, personal counselling and provision of needed community-based\\nsupport services will be facilitated. Such case management activities\\nshall also include the follow-up and evaluation of services rendered.\\n The enactment of the provisions of this title shall maximize the\\neffectiveness, efficiency and accountability of support services\\nprovided on behalf of pregnant adolescents and teenage parents under\\neighteen years of age, thereby reducing the long-term dependency needs\\nof this youthful population.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-J", "title" : "Case management", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-J", "activeDate" : "2014-09-22", "sequenceNo" : 557, "repealedDate" : null, "fromSection" : "409-J", "toSection" : "409-J", "text" : " § 409-j. Case management. 1. As used in this title, \"case management\"\\nshall refer to a method of providing necessary prevention and support\\nservices, directly or by purchase of services, to recipients of public\\nassistance and shall require the facilitating of such services for the\\npurpose of insuring family stability and assistance in achieving the\\ngreatest degree of economic independence.\\n 2. Appropriate local social services staff shall be designated as\\nresponsible on a case by case basis, for the assessment of services\\nneeded by the adolescent or teenage recipient to achieve defined service\\ngoals, and for the planning and referral of services and follow-up\\nactivities, including the monitoring and evaluation of services\\nprovided. Designated case management staff shall be responsible for\\nperforming such activities for a specified period prescribed pursuant to\\ndepartment regulations dependent on such factors as age, education and\\njob skills attainment of the individual, household size and stability of\\nthe family unit.\\n 3. When referrals to services are provided under other state-funded\\nprograms or are directly purchased by the social services district, the\\ndistrict may request that the provider obtain and transmit to the\\ndistrict the information necessary to perform the case management\\nfunction.\\n 4. The provisions of this title shall apply to those cases involving\\npregnant adolescents and teen parents in receipt of public assistance,\\nincluding any males and females under eighteen years of age who are\\ndesignated payees of their own cases, payees of their children's cases\\nor those public assistance recipients under eighteen years of age\\nidentified pursuant to rules and regulations as at-risk youth needing\\nprevention services, where appropriate. At local option, case management\\nservices may be provided to those cases headed by persons eighteen years\\nof age or older but under twenty-one years of age.\\n 5. In the event that an adolescent or teenage recipient refuses to\\naccept services identified by social services district staff as needed\\nby the adolescent or teenager, such refusal shall not carry any threat\\nof fiscal sanctions.\\n 6. Case records developed by social services districts and other\\nagencies for persons eligible for or receiving services pursuant to the\\nprovisions of this section shall be confidential and maintained in\\naccordance with the provisions of section one hundred thirty-six of this\\nchapter and the regulations of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-K", "title" : "Case plan and service record", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-K", "activeDate" : "2014-09-22", "sequenceNo" : 558, "repealedDate" : null, "fromSection" : "409-K", "toSection" : "409-K", "text" : " § 409-k. Case plan and service record. 1. With respect to each\\nindividual who is identified as requiring case management services\\npursuant to this title, the social services district shall, within\\nthirty days of such identification, perform or have performed an initial\\njoint assessment with the individual, and other persons where\\nappropriate, for the purpose of identifying those problems that have an\\nimpact on family stability and hinder the potential for economic\\nindependence. A social services district shall prior to implementing the\\nprovisions of this title submit a plan for a service case management\\nsystem to the commissioner for approval.\\n 2. Upon completion of the assessment provided in subdivision one of\\nthis section, the social services district shall, in consultation with\\nthe individual, establish and maintain or have established and\\nmaintained a case plan and service record prescribed pursuant to\\nregulations of the department which shall include at least the\\nfollowing:\\n (a) identification of short term and long range goals which will\\nameliorate the problems indicated in subdivision one of this section.\\nSuch identification shall also include an estimate of the time period\\nnecessary to meet these goals;\\n (b) identification of services needed by the client, and a description\\nof the available resources in the community to meet identified needs; if\\nservices are not available the record should reflect such;\\n (c) documentation of the arrangements made for the referral of the\\nclient to service providers;\\n (d) listing of all services rendered, both direct and those provided\\nby other public and private agencies in the community;\\n (e) follow-up action taken to assure clients are in receipt of\\nservices, and any actions taken to remove any existing barriers which\\nimpede the maximum efficiency of service delivery; and\\n (f) recordation of the types, cost and auspices of services provided.\\n 3. The case plan and service record shall be reviewed and may be\\nrevised, in consultation with the individual, at least once every six\\nmonths after the plan and record have been prepared. Such review shall\\ninclude an evaluation of the effectiveness of services rendered and any\\nnecessary revisions in goals or planned services as they meet the\\nobjectives indicated in paragraph (a) of subdivision two of this\\nsection.\\n 4. The case plan and service record shall include information for the\\npurpose of obtaining information regarding services rendered and the\\ncost of such services based on assessed values or the value of services\\nrendered, where no fees are charged as in other publicly financed\\nprograms together with such other information as may be required by\\nrules and regulations of the department.\\n 5. The department is authorized and directed to make such rules and\\nregulations as are necessary to carry out the provisions of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-L", "title" : "Advisory board", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-L", "activeDate" : "2014-09-22", "sequenceNo" : 559, "repealedDate" : null, "fromSection" : "409-L", "toSection" : "409-L", "text" : " § 409-l. Advisory board. An advisory board shall be established by the\\ncommissioner to assist in the development and implementation of the case\\nmanagement provisions. It will be the responsibility of this board to\\nassist in the development of various service models that local social\\nservices districts shall employ, assist in the formulation of\\nappropriate procedures for evaluating such case management services, and\\ndetermine the fiscal impact of such services as defined in section four\\nhundred nine-j of this title. Appointments to the advisory board shall\\nbe obtained from public and private organizations providing teenage and\\nchild welfare services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-M", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-M", "activeDate" : "2014-09-22", "sequenceNo" : 560, "repealedDate" : null, "fromSection" : "409-M", "toSection" : "409-M", "text" : " § 409-m. Reports. 1. The commissioner shall prepare, for inclusion in\\nthe annual report required by subdivision (d) of section seventeen of\\nthis chapter to be filed with the governor and the legislature prior to\\nDecember fifteenth of each year, a progress report on the planning and\\nimplementation of the provisions of this title.\\n 2. The report shall contain, but not be limited to, information\\nreported statewide and by districts, the number of individuals certified\\nas eligible for services under this title, and those for whom services\\nwere rendered and expenditures made for services identified by type,\\nprovider, and funding source. Such report shall also include progress\\nmade in implementing the provisions of this title with particular\\nreference to efforts made to insure the effectiveness of the case\\nmanagement provisions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "409-N", "title" : "Implementation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "409-N", "activeDate" : "2014-09-22", "sequenceNo" : 561, "repealedDate" : null, "fromSection" : "409-N", "toSection" : "409-N", "text" : " § 409-n. Implementation. 1. The department shall plan for the\\nimplementation of the services case management system during the period\\nfrom the first day of July, nineteen hundred eighty-four to the\\nthirty-first day of March, nineteen hundred eighty-five.\\n 2. Subject to the appropriation of funds, the provisions of this title\\nshall be implemented from the first day of October, nineteen hundred\\neighty-five in a select number of representative pilot social services\\ndistricts which shall be designated by the commissioner in consultation\\nwith the advisory board established pursuant to this title, in\\ncommunities with a higher than state average teen population applying\\nfor or receiving public assistance.\\n 3. Subject to the appropriation of funds, social services districts\\nwhich had not implemented the provisions of this title by the\\nthirty-first day of March, nineteen hundred eighty-seven shall be\\nrequired to implement the provisions of this title during the period\\nApril first, nineteen hundred eighty-seven through March thirty-first,\\nnineteen hundred ninety. The social services districts subject to the\\nprovisions of this subdivision shall implement this title in accordance\\nwith a schedule to be developed by the department which will ensure\\nstatewide implementation by the thirty-first day of March, nineteen\\nhundred eighty-eight.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T5", "title" : "Day Care For Certain Children", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2026-02-20" ], "docLevelId" : "5", "activeDate" : "2014-09-22", "sequenceNo" : 562, "repealedDate" : null, "fromSection" : "410", "toSection" : "410-CCC", "text" : " TITLE 5\\n DAY CARE FOR CERTAIN CHILDREN\\nSection 410. Day care; when public welfare official to furnish.\\n 410-a. Day care; when department to furnish.\\n 410-b. Federal grants.\\n 410-bb. Grants to not-for-profit facilities providing day care\\n for children for employee salary and benefit\\n enhancements.\\n 410-c. State reimbursement.\\n 410-cc. Start up grants for child day care.\\n 410-ccc. Child day care facility development.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410", "title" : "Day care; when public welfare official to furnish", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-12-23", "2023-03-17" ], "docLevelId" : "410", "activeDate" : "2023-03-17", "sequenceNo" : 563, "repealedDate" : null, "fromSection" : "410", "toSection" : "410", "text" : " § 410. Day care; when public welfare official to furnish. 1. A public\\nwelfare official of a county, city or town is authorized, provided funds\\nhave been made available therefor, to provide day care at public expense\\nfor children residing in his territory who are eligible therefor\\npursuant to provisions of this title. Such care may be provided only in\\ncases where it is determined, under criteria established by the office\\nof children and family services, that there is a need and that such care\\nis in the best interest of the child and parent; provided however that\\nthe public welfare official shall not be required to limit authorized\\nchild care services strictly based on the work, training, or educational\\nschedule of the parents or the number of hours the parents spend in\\nwork, training, or educational activities. Where the family is able to\\npay part or all of the costs of such care, payment of such fees as may\\nbe reasonable in the light of such ability shall be required.\\n 2. The furnishing of such care is hereby declared to be a proper\\nmunicipal purpose for which the monies of a county, city or town may be\\nraised and expended. A county, city or town may receive and expend\\nmonies from the state, the federal government or private individuals,\\ncorporations or associations for furnishing such care.\\n 3. (a) Day care under this title shall mean care in a group facility,\\nin a family home, in a group family day care home or in a day care\\ncenter project as defined in title five-a of this article for part of\\nthe day. Day care may be provided by a social services official either\\ndirectly or through purchase. Purchase of such care may be made only\\nfrom a private non-profit corporation or association except when the\\ncommissioner shall have approved the purchase of such care from private\\nproprietary facilities by a social services official who has\\ndemonstrated that conveniently accessible non-profit facilities are\\ninadequate to provide required care. Purchase of such care may also be\\nmade from a school district in accordance with state and federal\\nrequirements pursuant to a contract between the social services district\\nand the school district.\\n (b) Care under this title may be provided only in group facilities,\\nfamily homes, group family day care homes or in a day care center\\nproject as defined in title five-a which are operated in compliance with\\napplicable regulations of the office of children and family services. A\\ngroup facility shall include a public school which provides day care\\npursuant to this subdivision.\\n (c) Except as hereinafter provided, care under this title shall not\\ninclude care, supervision, training or participation in kindergartens,\\nnursery schools or other schools, classes or activities operated or\\nconducted by public or private schools. However such care shall include\\nday care provided by a school district pursuant to the provisions of\\nthis subdivision and subdivision thirty-three of section sixteen hundred\\nfour of the education law in accordance with a contract entered into\\nbetween such school district and a social services district.\\n (d) The commissioner shall encourage social services districts and day\\ncare providers to offer flexible hours of day care. Each provider may\\nprovide a flexible schedule in accordance with the rules and regulations\\nof the commissioner and an application for day care services shall not\\nbe denied solely by reason of the time of day or days that care will be\\nrequired provided that an available day care provider can accommodate\\nsuch hours or days of care in accordance with such regulations.\\n 4. The provisions of this title shall not apply to child care\\nassistance provided under title five-C of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-A", "title" : "Day care; when department to furnish", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-A", "activeDate" : "2014-09-22", "sequenceNo" : 564, "repealedDate" : null, "fromSection" : "410-A", "toSection" : "410-A", "text" : " § 410-a. Day care; when department to furnish. Any inconsistent\\nprovision of law notwithstanding, if and so long as federal funds are\\navailable for the care provided pursuant to the provisions of this\\nsection, and to the extent of such funds and state funds appropriated or\\nmade available therefor, the department shall be authorized to provide\\nday care, through appropriate arrangements and cooperative agreements\\nwith the state departments of education and agriculture and markets,\\napproved by the director of the budget, in public schools operated by\\nschool districts and in facilities operated by or for the state\\ndepartment of agriculture and markets for children who are receiving\\nfamily assistance or who are former or potential recipients of such\\naid in accordance with the regulations of the department, including only\\nsuch children who are in pre-kindergarten programs of such schools or\\nwho are children of migrant workers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-B", "title" : "Federal grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-B", "activeDate" : "2014-09-22", "sequenceNo" : 565, "repealedDate" : null, "fromSection" : "410-B", "toSection" : "410-B", "text" : " § 410-b. Federal grants. 1. The department of taxation and finance\\nis authorized to accept and receive from the federal government any\\nmoneys which the federal government shall offer to the state for or with\\nrespect to the construction, maintenance or operation of facilities for\\nday care for children, under or pursuant to any federal law heretofore\\nor hereafter enacted authorizing grants to the state for such purpose or\\nsimilar purposes, including payments to political subdivisions of, and\\nany public agencies in the state.\\n 2. The department of social welfare is hereby designated and\\nempowered to act as the agent of the state in carrying out the\\nprovisions of any such federal law with respect to such day care\\nfacilities in this state.\\n 3. Any and all such grants and moneys awarded for assistance to this\\nstate under or pursuant to any federal law shall be accepted and\\nreceived by the department of taxation and finance as custodian thereof\\nand such moneys, so received, shall be deposited by such department of\\ntaxation and finance in a special fund or funds and shall be used\\nexclusively for the purposes of any such federal law. Such moneys shall\\nbe paid from such fund or funds on the audit and warrant of the\\ncomptroller upon vouchers certified or approved by the commissioner of\\nwelfare.\\n 4. Any federal funds made available to the state for day care\\nfacilities shall be retained by the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-BB", "title" : "Grants to not-for-profit facilities providing day care for children for employee salary and benefit enhancements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-BB", "activeDate" : "2014-09-22", "sequenceNo" : 566, "repealedDate" : null, "fromSection" : "410-BB", "toSection" : "410-BB", "text" : " § 410-bb. Grants to not-for-profit facilities providing day care for\\nchildren for employee salary and benefit enhancements. 1. The\\nlegislature finds and declares that a crisis exists in the availability\\nand quality of child day care in New York state and that this crisis\\nposes a danger both to the welfare and safety of the children and to the\\nproductivity of this state's workforce; that inadequate salaries and in\\nmany cases nonexistent benefit packages have substantially contributed\\nto the existing crisis by precluding day care centers from recruiting\\nand retaining necessary teaching and supervisory staff; that an\\nextremely high turnover rate has interfered in many instances with the\\nability of day care centers to comply with regulatory requirements and\\nto properly serve the children in their care; and that because of these\\nextraordinary circumstances New York state must intervene and provide\\nassistance for recruitment and retention of child care workers. The\\nlegislature recognizes that a long-term solution to this crisis will\\nrequire cooperative efforts among the business community, local and\\nstate governments and families.\\n 2. Within amounts appropriated specifically therefor, and after\\ndeducting funds as specified in subdivision three of this section the\\ncommissioner shall allocate funds to local social services districts for\\ngrants to eligible not-for-profit day care centers for retention and\\nrecruitment of teaching and supervisory staff, as follows:\\n (a) a city social services district with a population in excess of one\\nmillion shall be allocated a portion of such funds based on an equal\\nweighting of:\\n (i) its proportion of the state population of children aged five and\\nunder, and\\n (ii) its proportion of total claims for reimbursement received by the\\ndepartment by May thirty-first, nineteen hundred eighty-eight for the\\nlow income, transitional and teen parent day care programs authorized by\\nchapter fifty-three of the laws of nineteen hundred eighty-seven.\\n (b) all other eligible local social services districts shall be\\nallocated the remaining portion of funds based on each district's\\nproportionate share of licensed not-for-profit day care capacity\\nrelative to the total capacity of all such other eligible districts.\\n 3. Five percent of the funds appropriated for such recruitment and\\nretention purposes shall be reserved for administration of the program\\nand allocated as follows:\\n (a) each local social services district shall be allocated an amount\\nequivalent to five percent of the funds it receives under paragraphs (a)\\nand (b) of subdivision two of this section, provided that no district\\nshall receive an amount less than twenty-five hundred dollars nor\\ngreater than one hundred fifty thousand dollars, and\\n (b) remaining funds shall be allocated to the department. In the event\\nthat a not-for-profit child care resource and referral agency or the\\ndepartment distributes funds in an eligible district, as provided\\nherein, such agency or department may retain the amount that otherwise\\nwould be available to the eligible district.\\n 4. Not later than thirty days following the effective date of this\\nsection, the commissioner shall notify local social services districts\\nof the amounts allocated to each district and provide forms for the\\ncollecting of information pursuant to this section.\\n 5. For the purposes of this section, an eligible district shall mean a\\nlocal social services district that is providing, as of the effective\\ndate of this section, or which shall agree to provide in such written\\nform and by such date as shall be acceptable to the department,\\nsubsidized day care services under the special day care services program\\nauthorized by chapter fifty-three of the laws of nineteen hundred\\neighty-eight.\\n 6. Eligible districts may apply on or before the ninetieth day\\nfollowing the effective date of this section to receive such allocated\\nfunds by submitting to the department a plan on forms provided by the\\ndepartment. Such plan shall be developed by the local social services\\ncommissioner in consultation with directors of participating eligible\\nday care centers, as such term is defined herein. Such plan shall\\ninclude: methods to increase the amount of day care provided for\\nfamilies having an income at or below two hundred percent of the federal\\nproverty level in such district; proposed steps to be taken to sustain\\ngains in recruitment and retention of staff achieved by funds provided\\nherein; information specified in paragraph (c) of subdivision seven of\\nthis section; and a proposed allocation of funds to eligible day care\\ncenters based on the following factors:\\n (a) forty percent of the funds allocated to such district shall be\\ndistributed to each eligible center based on such center's share of the\\ntotal full time equivalent teaching and supervisory staff of such\\ncenters in the district as a whole;\\n (b) forty percent of the funds allocated to such district shall be\\ndistributed to each eligible center based on such center's share of the\\nnumber of children from families having an income at or below two\\nhundred percent of the federal poverty level receiving day care services\\nin all such centers in the district, regardless of whether such children\\nare receiving subsidized care; and\\n (c) notwithstanding any other provision of this subdivision, twenty\\npercent of the funds allocated to such district shall be distributed to\\nsome or all eligible centers in a manner to further improve recruitment\\nand retention of qualified staff. Distributions under this paragraph\\nshall be based on factors including, but not be limited to seniority;\\neducational qualifications; worker income; benefit levels, vacancy and\\nturnover rates; or enhancement of distributions pursuant to paragraph\\n(a) or (b) of this subdivision.\\n The commissioner shall make copies of proposals available to the\\npublic upon request.\\n 7. For the purposes of this section, an eligible day care center means\\na not-for-profit center which provides services for children in single\\nor double sessions for six or more hours per day for five or more days\\nper week and holds a permit or certificate issued pursuant to (i) the\\nprovisions of section three hundred ninety of this article, or (ii) the\\nNew York city health code as authorized by section five hundred\\nfifty-eight of the New York city charter; provided, however, that:\\n (a) a center whose permit has been denied, suspended or revoked, or\\nwhich is found in any twelve month period preceding or following the\\ndate of the allocation of funds made pursuant to subdivision two of this\\nsection to be in violation of section three hundred ninety of this\\narticle after a hearing conducted as provided therein or after decision\\nby any court of competent jurisdiction, shall not be eligible to receive\\nfunds pursuant to this section;\\n (b) the existence of a current contract for purchase of day care\\nservices between an eligible district and a center may not be required\\nas a precondition to receive such funds, but such center shall agree to\\naccept children subsidized by the district in the next available space\\nafter receipt of a request from the district to place a child in such\\ncenter;\\n (c) each such center must provide to the local social services\\ndistrict the following information on forms provided by the department:\\n (i) child care capacity, by ages of children;\\n (ii) the number of children in such center, by ages, whose families\\nhave incomes at or below two hundred percent of the federal poverty\\nlevel, regardless of whether such children are receiving subsidized\\ncare;\\n (iii) the number of children specified in subparagraph (ii) of this\\nparagraph receiving subsidies and the type of subsidy;\\n (iv) a schedule of fees charged for services;\\n (v) the total annual revenue from all sources, including fees,\\ndonations, grants, revenue from local governments and revenue from state\\nagencies;\\n (vi) the total annual expenditures for rent or mortgage payments;\\nequipment, property, liability and other insurance; utilities; food;\\nsupplies and materials; and\\n (vii) total annual expenditures for salaries and benefits, including\\nthe number, title, qualifications and salary levels of existing staff\\nand types and amounts of benefits; and\\n (d) each eligible day care center must agree, to the maximum extent\\nfeasible, to enhance its future revenues to sustain the level of staff\\nsalary and benefits as provided herein.\\n 8. Should an eligible district not apply for such funds, the\\ncommissioner may contract with a not-for-profit child care resource and\\nreferral agency as such term is defined in title five-B of this article\\nwhich is serving such district to distribute such funds allocated to the\\ndistrict in the same manner as is required of an eligible district in\\naccordance with the other provisions of this section. If two or more\\nnot-for-profit child care resource and referral agencies are serving\\nsuch district, preference shall be given to the agency or agencies with\\nexisting contracts with the commissioner. If such agency does not exist\\nor declines to participate, the department shall disburse funds in the\\nmanner as is required of an eligible district pursuant to this section.\\n 9. A plan developed and submitted to the department pursuant to the\\nprovisions of this section shall be considered approved unless, within\\nthirty days of the receipt of such plan, the department notifies the\\neligible district or agency that the plan is not approved and specifies\\nin writing the basis for such disapproval. The commissioner shall make\\nallocated funds and administrative funds available as advances to\\neligible districts whose plans have been approved pursuant to this\\nsection.\\n 10. Eligible districts shall make allocated funds available as\\nadvances to eligible day care centers in accordance with the plan\\napproved by the department. Such districts shall notify the department\\nwhen all such funds have been disbursed but all such funds must be\\ndisbursed not later than October first, nineteen hundred eighty-nine.\\n 11. Any funds allocated to eligible districts or day care centers\\nwhich cannot be used in the manner as provided herein shall be\\nreallocated among other eligible districts as provided in paragraph (b)\\nof subdivision two of this section.\\n 12. Funds received by eligible day care centers shall be used solely\\nfor employee benefits and salary enhancements for teaching and\\nsupervisory staff, and shall not be used to supplant or substitute for\\nany other funding available for day care services, or to provide\\nservices which eligible day care centers are required to provide\\npursuant to contracts with the state, local social services districts,\\nauthorized agencies, individuals or other organizations.\\n 13. Nothing contained herein shall prevent an eligible district, or\\nany other person or entity, at its discretion, from contributing funds,\\nincluding administrative funds received pursuant to subdivision three of\\nthis section, to the program established pursuant to this section.\\n 14. The department shall: (a) provide or cause to be provided, to\\nthe maximum extent feasible, technical assistance to eligible day care\\ncenters and districts concerning employee benefit options, long-term\\nplanning, management of funds, responsibilities required pursuant to\\nthis section, maximization of the use of available subsidy funds\\nincluding Title XX and Title IV-A of the Federal Social Security Act\\nand such other matters as may be helpful to sustain the level of staff\\nsalary and benefits as provided herein;\\n (b) annually examine cost data concerning rates of payment for day\\ncare and establish appropriate recommended fee schedules as guidelines\\nfor use by local social services districts in developing comprehensive\\nannual social services program plans;\\n (c) promulgate regulations not later than July first, nineteen\\nhundred eighty-nine, to establish a maximum rate of payment for day care\\ncenters which shall reflect adjustments in the cost of care since the\\nestablishment of the maximum rate in effect on January first, nineteen\\nhundred eighty-six. Such maximum rate shall be calculated by applying\\nthereto increases in the cost of living since January first, nineteen\\nhundred eighty-six, updated by the department through December\\nthirty-first, nineteen hundred eighty-nine, and also to the extent\\npossible and based on the availability of such information, factors such\\nas changes in the costs of insurance, rent, utilities and labor and\\nbenefits and such other factors the department shall deem appropriate,\\nwhich exceed such increases in the cost of living, as updated through\\nDecember thirty-first, nineteen hundred eighty-nine; provided, however,\\nthat:\\n (i) actual payment for day care services rendered shall not exceed the\\nactual cost of such care;\\n (ii) nothing contained herein shall prevent the department from\\nestablishing a rate of payment for day care centers greater than that\\nrequired pursuant to this subdivision;\\n (iii) approved rates of payment in excess of the rate established\\npursuant to this paragraph in effect prior to July first, nineteen\\nhundred eighty-nine shall be continued;\\n (iv) nothing contained herein shall prevent the department from\\napproving exceptions to the rate of payment established herein to meet\\nspecific identified needs of a local social services district;\\n (v) such regulations may include a higher maximum rate of payment for\\ninfant care, or care of children with special needs.\\n d. Notwithstanding any other section of law to the contrary, by April\\nfirst, nineteen hundred eighty-nine, the department shall develop\\nguidelines and may, with the approval of the director of the division of\\nthe budget grant to local districts for one year waivers to income\\neligibility standards established pursuant to law for subsidized day\\ncare under the special day care services program. Such waivers shall be\\ngranted to increase eligibility standards up to twenty-five percent of\\nthe federal poverty level above the income eligibility standard\\nestablished by law as a percentage of the federal poverty level. Waivers\\nshall be granted only upon the submission of documentation establishing\\nthat:\\n (i) the local social services district is serving substantially all\\neligible families with incomes at or below the established income\\neligibility standard. A district shall be deemed to be serving\\nsubstantially all eligible families if it meets the following two\\ncriteria: (a) the percentage of eligible children served in the district\\nmeets or exceeds the percentage of eligible children served statewide\\nunder the special day care services program and (b) the district has\\nprovided day care services to any additional children whose families\\nhave been identified in such district's outreach program as described in\\nsubparagraph (ii) of this paragraph as eligible for and desiring\\nsubsidized day care services;\\n (ii) the local district has established a district-wide outreach\\nprogram which identifies eligible families who are not receiving\\nsubsidized child day care under the special day care services program,\\nand informs all such families of their availability, and assists such\\nfamilies desiring subsidized services to obtain them;\\n (iii) a family receiving a subsidy under the district's waiver\\nprovisions shall be required to contribute a greater amount towards the\\ncost of care than a family eligible under the established income\\neligibility standard;\\n (iv) the local district has included an estimate of the number of\\nchildren who will be served under the waiver provisions;\\n (v) the local district has submitted claims to income eligible day\\ncare expenses under Title XX of the federal Social Security Act;\\n (vi) the district has available to it a higher allocation in the\\ncurrent fiscal year than the amount of reimbursement received by such\\ndistrict in the previous fiscal year for subsidized care under the\\nspecial day care services program.\\n (e) submit a report to the governor and to the chairmen of the senate\\nfinance committee and the assembly ways and means committee not later\\nthan December thirty-first, nineteen hundred eighty-nine on the program\\nestablished pursuant to this section, including the number, amount and\\nrecipients of grants in each eligible district; the purposes and uses of\\nsuch grants; an evaluation of any resulting improvements in recruitment\\nand retention of qualified staff, current local eligibility standards,\\nany use of the waiver process, state cost of increasing the eligibility\\nstandards established by law up to twenty-five percent and fifty percent\\nof the federal poverty level on a county by county basis for subsidized\\nday care under the special day care services program and recommendations\\nfor long-term solutions to the problems of recruitment and retention of\\nteaching and supervisory staff.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-C", "title" : "State reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-C", "activeDate" : "2014-09-22", "sequenceNo" : 567, "repealedDate" : null, "fromSection" : "410-C", "toSection" : "410-C", "text" : " § 410-c. State reimbursement. 1. (a) Expenditures made by counties,\\ncities, and towns for day care and its administration, and day care\\ncenter projects, pursuant to the provisions of this title, shall, if\\napproved by the department, be subject to reimbursement by the state, in\\naccordance with the regulations of the department, as follows: There\\nshall be paid to each county, city or town (1) the amount of federal\\nfunds, if any, properly received or to be received on account of such\\nexpenditures; (2) fifty per centum of its expenditures for day care and\\nits administration and day care center projects, after first deducting\\ntherefrom any federal funds received or to be received on account\\nthereof, and any expenditures defrayed by fees paid by parents or by\\nother private contributions.\\n (b) For the purpose of this title, expenditures for administration of\\nday care shall include expenditures for compensation of employees in\\nconnection with the furnishing of day care, including but not limited to\\ncosts incurred for pensions, federal old age and survivors insurance and\\nhealth insurance for such employees; training programs for personnel,\\noperation, maintenance and service costs; and such other expenditures\\nsuch as equipment costs, depreciation and charges and rental values as\\nmay be approved by the department. It shall not include expenditures for\\ncapital costs. In the case of day care purchased from a non-profit\\ncorporation constituting an eligible borrower pursuant to title five-a\\nof this article, expenditures shall include an allocable proportion of\\nall operating costs of such facility as may be approved by the\\ndepartment including but not limited to the expenditures enumerated in\\nthis paragraph (b) and expenditures for amortization, interest and other\\nfinancing costs of any mortgage loan made to such non-profit\\ncorporation.\\n 2. (a) Claims for state reimbursement shall be made in such form and\\nmanner and at such times and for such periods as the department shall\\ndetermine.\\n (b) When certified by the department, state reimbursement shall be\\npaid from the state treasury upon the audit and warrant of the\\ncomptroller out of funds made available therefor.\\n 3. The department is authorized in its discretion to approve and\\ncertify to the comptroller for payment, advances to counties, cities or\\ntowns in anticipation of the state reimbursement provided for in this\\nsection.\\n 4. Payment of state reimbursement and advances shall be made to local\\nfiscal officers as in the case of state reimbursement for public\\nassistance and care under other provisions of this chapter.\\n 5. (a) As used in this subdivision \"school age child day care\\nprograms\" shall mean programs which offer care to school age children\\nunder the age of fourteen before or after the period when these children\\nare in school. Such programs may include, but are not limited to,\\nprograms provided in school buildings in accordance with paragraph (i)\\nof subdivision one of section four hundred fourteen of the education\\nlaw.\\n (b) The commissioner shall, within appropriations made available\\ntherefor, select proposed school age child day care programs which shall\\nbe eligible to receive an award of no more than twenty-five thousand\\ndollars for start up or expansion costs, including planning, rental,\\noperational and equipment costs, or minor renovations identified as\\nbeing necessary in order for the program to comply with applicable state\\nor local building, fire safety or licensing standards, based on plans\\nsubmitted to him. The commissioner shall give preference to those areas\\nof the state which are significantly underserved by existing school age\\nchild day care programs and to those programs which involve parents in\\nthe development and implementation of programs. The commissioner shall\\npublicize this availability of funds to be used for purposes of this\\nsubdivision in awarding grants. Plans may be submitted by private\\nnot-for-profit corporations, organizations or governmental subdivisions.\\n (c) Notwithstanding any other provisions of law, social services\\ndistricts shall be authorized to purchase services which are to be\\nprovided pursuant to this subdivision from programs which have been\\napproved by the commissioner to receive funds pursuant to this\\nsubdivision.\\n 6. Any other provision of law notwithstanding, and within amounts\\nappropriated therefor, the department shall have authority to make\\nstart-up grants to prospective programs that will provide child day\\ncare, as such term is defined in section three hundred ninety of this\\narticle, from any funds available for such purpose.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-CC", "title" : "Start up grants for child day care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-CC", "activeDate" : "2014-09-22", "sequenceNo" : 568, "repealedDate" : null, "fromSection" : "410-CC", "toSection" : "410-CC", "text" : " § 410-cc. Start up grants for child day care. The commissioner shall\\nprovide funds to start up grants to not-for-profit organizations or\\ncorporations for the development of new or expanded all day child day\\ncare programs including costs related to planning, renting, renovating,\\noperating, and purchasing equipment. The commissioner shall establish\\nguidelines including, but not limited to, allowable costs, and criteria\\nfor eligibility for grants giving preference to those child day care\\nproviders who will, to the maximum extent feasible, target services to\\nhouseholds having incomes up to two hundred percent of the federal\\npoverty standard. The commissioner shall publicize the availability of\\nfunds. No awards shall be granted which exceed twenty-five hundred\\ndollars for a new family day care provider or new group family day care\\nprovider, and one hundred thousand dollars for a new child day care\\ncenter. Child care resource and referral agencies may receive family day\\ncare start up grants not to exceed two thousand five hundred dollars per\\nnew provider if the agency trains such new family provider and thereby\\nexpands the supply of family day care programs in the community. The\\ncommissioner shall give preference to those communities which are\\nsignificantly underserved by existing programs and to those programs\\nwhich and those providers who will serve infants under two years of age.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-CCC", "title" : "Child day care facility development", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-CCC", "activeDate" : "2014-09-22", "sequenceNo" : 569, "repealedDate" : null, "fromSection" : "410-CCC", "toSection" : "410-CCC", "text" : " § 410-ccc. Child day care facility development. 1. Notwithstanding any\\nother provision of law, of the moneys appropriated to the department in\\nsection one of chapter fifty-four of the laws of nineteen hundred\\nninety-four, enacting the capital projects budget, four million seven\\nhundred fifty thousand dollars shall be available as follows: seven\\nhundred fifty thousand dollars for child care project development grants\\nand related administrative expenses; the remaining four million dollars\\nshall be available for the child care facilities construction program as\\ndefined in section sixteen-g of the urban development corporation act;\\nof this amount, no less than three million dollars shall be available\\nfor child care construction grants and related administrative expenses\\nand any remaining funds may be available for child care construction\\nrevolving loans and loan guarantees, and related administrative\\nexpenses. The amounts available for the child care facilities\\nconstruction program, as defined in section sixteen-g of the urban\\ndevelopment corporation act, shall be suballocated to the urban\\ndevelopment corporation pursuant to this section.\\n Up to five percent of the moneys available pursuant to this\\nsubdivision may be used for payments to the department or other state\\nagencies or authorities, and the urban development corporation for\\nadministrative expenses required to develop requests for proposals and\\nto approve contracts for child care construction projects pursuant to\\nthis section and/or section sixteen-g of the urban development\\ncorporation act. The director of the division of the budget shall\\napprove such payments.\\n 2. Child care project development grants. The department shall develop\\na request for proposals to provide grants to not-for-profit\\norganizations, including, but not limited to, child care resource and\\nreferral programs, local development corporations, neighborhood\\npreservation companies and rural preservation companies as defined in\\nsection nine hundred two of the private housing finance law, to support\\npre-development planning, management, and coordination of activities,\\nleading to the development of child day care centers in under-served\\nareas meeting the needs of low-income working families. Such activities\\nmay include: (a) design studies and services and other development or\\nredevelopment work in connection with the design and development of\\nchild day care centers; and (b) studies, surveys or reports, including\\npreliminary planning studies to assess a particular site or sites or\\nfacility or facilities for the development of child day care centers.\\n (c) In determining grants to be awarded, the department shall consider\\nthe following: (i) that a not-for-profit organization applying for a\\ngrant under this subdivision is a bonafide organization which shall have\\ndemonstrated by its immediate past and current activities its ability to\\nlead or to assist in the development of projects, such as child day care\\ncenters meeting the needs of low-income families; (ii) the need for day\\ncare centers in the area; (iii) the potential viability for a child day\\ncare center to succeed in the area; and (iv) such other matters as the\\ndepartment determines necessary.\\n (d) Grants shall be awarded to eligible entities where the department\\nidentifies an insufficient supply of child day care programs. Grants\\nawarded pursuant to the request for proposals shall not exceed\\nseventy-five thousand dollars per project.\\n 3. Child care construction grants. (a) The child care construction\\ngrants awarded pursuant to this section and section sixteen-g of the\\nurban development corporation act shall be available for not-for-profit\\nchild care facilities construction projects owned or to be owned by\\nnot-for-profit corporations for use as child day care centers that will\\nbe duly approved, licensed, inspected, supervised, and regulated as may\\nbe determined to be necessary and appropriate by the department, except\\nthat with respect to child day care centers located in the city of New\\nYork, such child day care centers will be duly approved, licensed,\\ninspected, supervised, and regulated as may be determined to be\\nnecessary and appropriate by the commissioner of the department of\\nhealth of the city of New York.\\n (b) Grants shall be made through contracts to not-for-profit\\ncorporations for child care facilities construction projects pursuant to\\na request for proposal process jointly developed by the department and\\nthe urban development corporation in consultation with the department of\\neconomic development. The department shall receive, initially review,\\nand assess applications to determine which projects should be referred\\nto the urban development corporation and to rank by groups, the referred\\nprojects according to the capacity of such projects to meet identified\\nneeds for child day care. In assessing such applications, the department\\nshall consider: (i) the need for day care services in the area; (ii) the\\npotential viability for a child day care center to succeed in the area;\\n(iii) the qualifications of the proposed provider to operate a child\\ncare center; (iv) the potential for meeting applicable regulatory\\nrequirements; (v) the appropriateness of the site for licensing as a day\\ncare center and (vi) such other matters as the department determines\\nnecessary.\\n (c) Upon the timely completion of the department's initial review and\\nselection of applications meeting criteria, the department shall\\nimmediately submit such selected applications and the group rankings of\\nsuch applications to the urban development corporation which, in\\nconsultation with the department of economic development, shall select\\naward recipients. No later than upon submission of the selected\\napplications, the department shall also suballocate all moneys\\nappropriated for such purposes to such corporation.\\n 4. Programs conducted pursuant to this section of law are limited to\\nthe amounts appropriated therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T5-A", "title" : "Youth Facilities Improvement Act", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5-A", "activeDate" : "2014-09-22", "sequenceNo" : 570, "repealedDate" : null, "fromSection" : "410-D", "toSection" : "410-O", "text" : " TITLE 5-A\\n YOUTH FACILITIES IMPROVEMENT ACT\\nSection 410-d. Short title: policy and purposes of title.\\n 410-e. Definitions.\\n 410-f. Regulation of eligible borrowers.\\n 410-g. Mortgage loans.\\n 410-h. Conditions and security for loans.\\n 410-i. Rates and admission of children.\\n 410-j. Transfer of real property.\\n 410-k. Supervision.\\n 410-l. Foreclosures and judgments.\\n 410-m. Fees and charges.\\n 410-o. Separability.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-D", "title" : "Short title: policy and purposes of title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-D", "activeDate" : "2014-09-22", "sequenceNo" : 571, "repealedDate" : null, "fromSection" : "410-D", "toSection" : "410-D", "text" : " § 410-d. Short title: policy and purposes of title. This title shall\\nbe known, and may be cited and referred to, as the \"Youth Facilities\\nImprovement Act\".\\n There is a serious shortage throughout the state of facilities\\nsuitable for use for the care of children especially those of pre-school\\nage and primary school age whose parents are unable to provide such care\\nfor all or a substantial part of the day or post-school day. A similar\\nshortage of residential child care facilities also exists. Existing day\\ncare and residential child care facilities are overcrowded with long\\nwaiting lists. Many such facilities are so located that they are not\\naccessible to families in need of such services. The absence of\\nadequate day care and residential child care facilities is contrary to\\nthe interest of the people of the state, is detrimental to the health\\nand welfare of the child and his parents and prevents the gainful\\nemployment of persons, who are otherwise qualified, because of the need\\nto provide such care in their home.\\n It is the purpose of this article to encourage the timely construction\\nand equipment of such facilities with mortgage loan participation by the\\nNew York state housing finance agency. The provision of such facilities\\nis hereby declared to be a public purpose which it is the policy of the\\nstate to encourage.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-E", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-E", "activeDate" : "2014-09-22", "sequenceNo" : 572, "repealedDate" : null, "fromSection" : "410-E", "toSection" : "410-E", "text" : " § 410-e. Definitions. As used in this title the following words and\\nphrases shall have the following meanings unless a different meaning is\\nplainly required by the context:\\n 1. \"Board\". The state board of social welfare.\\n 2. \"Commissioner\". The commissioner of social services of the state\\nof New York.\\n 3. \"Department\". The state department of social services.\\n 4. \"Eligible borrower\". A non-profit corporation organized under the\\nlaws of the state of New York which is authorized to care for children\\nand which has entered into a regulatory agreement in accordance with the\\nprovisions of section four hundred ten-f of this title.\\n 5. \"Project.\" \"Youth facilities project.\" A specific work or\\nimprovement, including lands, buildings, improvements, fixtures and\\narticles of personal property acquired, constructed, rehabilitated,\\nmanaged, owned and operated by an eligible borrower to provide day care\\nin the manner prescribed by the department for children of pre-school\\nand primary school age or to provide residential child care in the\\nmanner prescribed by the rules of the board for children of pre-school,\\nprimary school or secondary school age, or to provide any combination of\\nthe foregoing, and for facilities incidental or appurtenant thereto.\\n 6. \"Project cost\". \"Youth facilities project cost\". The sum total\\nof all costs incurred by an eligible borrower as approved by the\\ncommissioner as reasonable and necessary for carrying out all works and\\nundertakings and providing all necessary equipment for the development\\nof a project exclusive of any private or federal, state or local\\nfinancial assistance available for and received by an eligible borrower\\nfor the payment of such project cost. These shall include but are not\\nnecessarily limited to the carrying charges during construction or\\nrehabilitation up to and including the occupancy date, working capital\\nnot exceeding three percentum of the estimated total cost or three\\npercentum of the actual total final cost, whichever is larger, the cost\\nof all necessary studies, surveys, plans and specifications,\\narchitectural, engineering, legal or other special services, the cost of\\nacquisition of land and any buildings and improvements thereon, site\\npreparation and development, construction, reconstruction and equipment,\\nincluding fixtures, equipment, and articles of personal property\\nrequired for the operation of the project, the reasonable cost of\\nfinancing incurred by the eligible borrower in the course of the\\ndevelopment of the project, up to and including the occupancy date, the\\nfees imposed by the commissioner and by the New York state housing\\nfinance agency; other fees charged, including any premium payments to\\nthe youth facilities project guarantee fund created by the youth\\nfacilities project guarantee fund act, and necessary expenses incurred\\nin connection with the initial occupancy of the project, and the cost of\\nsuch other items as the commissioner may determine to be reasonable and\\nnecessary for the development of a project, less any and all rents and\\nother net revenues from the operation of the real property, improvements\\nor personal property on the project site, or any part thereof, by the\\neligible borrower on and after the date on which the contract between\\nthe eligible borrower and the New York state housing finance agency was\\nentered into and prior to the occupancy date.\\n 7. \"Occupancy date\". The date defined in the documents providing for\\na mortgage loan between an eligible borrower and the New York state\\nhousing finance agency.\\n 8. \"Youth facilities development fund company\". A company\\nincorporated and organized pursuant to subdivision two of section four\\nhundred ten-n of this title.\\n 9. \"Youth Facilities Center\" means a facility suitable to provide day\\ncare for children of pre-school age and primary school age or to provide\\nresidential child care for children of pre-school, primary school or\\nsecondary school age or to provide any combination of the foregoing,\\nwhich has been approved by the state department of social services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-F", "title" : "Regulation of eligible borrowers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-F", "activeDate" : "2014-09-22", "sequenceNo" : 573, "repealedDate" : null, "fromSection" : "410-F", "toSection" : "410-F", "text" : " § 410-f. Regulation of eligible borrowers. 1. Every eligible\\nborrower, as a condition precedent to borrowing funds from the agency,\\nshall enter into a regulatory agreement with the commissioner which\\nshall provide:\\n (a) that the real property or other assets mortgaged or otherwise\\npledged to the agency shall not be sold, transferred, encumbered or\\nassigned until the eligible borrower shall have repaid in full all\\nobligations under the mortgage of the agency and has paid such other\\nobligations as may be required by the commissioner provided, however,\\nthe provisions of this paragraph (a) shall not apply to any actions\\ntaken pursuant to section four hundred ten-l of this article;\\n (b) that the eligible borrower will maintain books and records and a\\nsystem of accounts satisfactory to the commissioner and the agency\\nincluding but not limited to separate books, records and accounts for\\n(i) all monies advanced to the eligible borrower by the agency or from\\nany other source or sources, public or private, for the construction,\\nreconstruction, rehabilitation, improvement or equipment of the project\\nand (ii) all monies repaid in satisfaction of any indebtedness to the\\nagency or other indebtedness as required by the commissioner; and the\\neligible borrower agrees that all of its books, records and accounts\\nshall be open to examination by the commissioner and the agency at any\\ntime;\\n (c) that the eligible borrower shall file with the commissioner and\\nthe agency such financial statements including an annual report setting\\nforth such information as the commissioner may require;\\n (d) that the eligible borrower shall not acquire any real property or\\ninterest therein for the purpose of constructing, reconstructing,\\nrehabilitating or improving a project without first having obtained from\\nthe commissioner a certificate that such acquisition is consistent with\\nthe purposes of this article;\\n (e) that the eligible borrower shall not issue notes, bonds,\\ndebentures or other obligations other than for money or property\\nactually received for the use and lawful purposes of the eligible\\nborrower and no such note, bond, debenture or other obligation shall\\nconstitute a lien or encumbrance against the project, or any real\\nproperty or other asset mortgaged or otherwise pledged to the agency;\\n (f) that the eligible borrower shall not without first having\\nobtained the written consent of the commissioner:\\n (i) construct, reconstruct, rehabilitate, improve, alter or repair\\nthe project or enter into a contract therefor;\\n (ii) enter into contracts relating to the management or operation of\\nthe project;\\n (iii) make a guaranty of payment out of monies pledged to the agency\\nor pledge any or all of its assets, income or revenue pledged to the\\nagency to secure payment of its obligations;\\n (iv) lease a project or a portion thereof to a third party for the\\npurposes of operation;\\n (v) voluntarily dissolve;\\n (g) that no member, officer or employee of the corporation which is\\nan eligible borrower shall acquire any interest, direct or indirect, in\\nany property then or thereafter included or planned to be included in a\\nproject, nor retain any interest direct or indirect in any property\\nacquired subsequent to his appointment or employment which is later\\nincluded or planned to be included in a project. If any member, officer\\nor employee of a corporation which is an eligible borrower owns or\\ncontrols an interest, direct or indirect, in any property included in a\\nproject which was acquired prior to his appointment or employment, he\\nshall disclose such interest and the date of acquisition to the\\ncorporation and such disclosure shall be entered upon the minutes of\\nsuch corporation and a copy of such minutes shall be forwarded to the\\ncommissioner;\\n (h) that all income and earnings of the eligible borrower shall be\\nused exclusively for its corporate purposes;\\n (i) that no part of the net income or earnings of the corporation\\nshall inure to the benefit or profit of any private individual, firm or\\ncorporation;\\n j. That the eligible borrower, in the case of a residential child\\ncare center project, will be subject to the visitation, inspection and\\nsupervision of the department, and that the eligible borrower, in the\\ncase of a day care center project will be subject to the visitation,\\ninspection and supervision of the department, as to any and all acts in\\nrelation to the welfare of children to be performed pursuant to this\\ntitle;\\n (k) such other matters as the commissioner or the agency may require;\\n 2. This regulatory agreement shall terminate at any time after the\\nexpiration of ten years after the occupancy date upon the consent of the\\ncommissioner and upon the repayment in full of all obligations under the\\nmortgage of the agency and of such other obligations as the commissioner\\nmay require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-G", "title" : "Mortgage loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-G", "activeDate" : "2014-09-22", "sequenceNo" : 574, "repealedDate" : null, "fromSection" : "410-G", "toSection" : "410-G", "text" : " § 410-g. Mortgage loans. 1. Any eligible borrower may, subject to\\nthe approval of the commissioner, borrow funds from the agency and\\nsecure the repayment thereof by bond or note and mortgage which shall\\ncontain such terms and conditions as may be deemed necessary or\\ndesirable by the agency or required by any agreement between the agency\\nand the holders of its notes and bonds, including the right to\\nassignment of rates and charges and entry into possession in case of\\ndefault, but the operation of such project, in the event of such entry,\\nshall be subject to the regulations of the commissioner.\\n 2. The agency may make contracts to make loans to an eligible\\nborrower in an amount not to exceed the total project cost. Any such\\nloan shall be secured by a first mortgage lien upon all the real\\nproperty and improvements of which the project consists and may be\\nsecured by such a lien upon other real property owned by the eligible\\nborrower, and upon all fixtures and articles of personal property\\nattached to or used in connection with the operation of the project.\\n 3. Any inconsistent provision of law to the contrary notwithstanding,\\nmortgages of an eligible borrower shall be exempt from the mortgage\\nrecording taxes imposed by article eleven of the tax law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-H", "title" : "Conditions and security for loans", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-H", "activeDate" : "2014-09-22", "sequenceNo" : 575, "repealedDate" : null, "fromSection" : "410-H", "toSection" : "410-H", "text" : " § 410-h. Conditions and security for loans. No loan shall be made by\\nthe agency to an eligible borrower until the commissioner has approved\\nthe project and finds that:\\n 1. The eligible borrower has been approved by the commissioner and\\ncomplied with all the provisions of this title;\\n 2. The plans and specifications conform to the requirements of all\\nlaws and regulations applicable thereto and assure adequate light, air,\\nsanitation and fire protection and are satisfactory to him;\\n 3. The estimated revenue of the project or from other funds of the\\neligible borrower pledged, assigned or otherwise to be made available to\\nthe agency will be sufficient to cover all probable costs of operation\\nand maintenance, of fixed charges and such reserves as may be authorized\\nby the commissioner or required by the agency;\\n 4. Provision has been made for the purpose of providing for the\\npayment of the difference between the estimated project cost and the\\nmortgage loan; and in the event the final project cost shall exceed the\\nestimated project cost, the difference between such final project cost\\nand the mortgage loan;\\n 5. The eligible borrower has entered into a regulatory agreement\\npursuant to section four hundred ten-f of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-I", "title" : "Rates and admission of children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-I", "activeDate" : "2014-09-22", "sequenceNo" : 576, "repealedDate" : null, "fromSection" : "410-I", "toSection" : "410-I", "text" : " § 410-i. Rates and admission of children. 1. An eligible borrower\\nshall, with the approval of the commissioner, fix a schedule of rates to\\nbe charged parents, guardians or other persons having legal custody of\\nthe child and to social services officials or other authorized agencies\\nfor the facilities and services provided by the eligible borrower\\npursuant to this title. The commissioner upon his own motion, or upon\\napplication by the eligible borrower or lienholder may vary the amount\\nof such charge from time to time so as to secure, together with all\\nother income of the eligible borrower pledged, assigned or otherwise\\nmade available to the agency, sufficient income to meet, within\\nreasonable limits, all necessary payments by the said eligible borrower\\nof all expenses, including fixed charges, sinking funds and reserves.\\n 2. The facilities and services to be provided by the eligible\\nborrower pursuant to this title shall be available to all children in\\nneed thereof.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-J", "title" : "Transfer of real property", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-J", "activeDate" : "2014-09-22", "sequenceNo" : 577, "repealedDate" : null, "fromSection" : "410-J", "toSection" : "410-J", "text" : " § 410-j. Transfer of real property. Notwithstanding any requirement\\nof law to the contrary or any provision of any general, special or local\\nlaw, charter or ordinance, every executor, administrator, trustee,\\nguardian or other person holding trust funds or acting in a fiduciary\\ncapacity, unless the instrument under which such fiduciary is acting\\nexpressly forbids, and the state, its subdivisions, municipalities, all\\nother public bodies, all public officers, persons, partnerships and\\ncorporations owning or holding any real property, may grant, sell, lease\\nor otherwise transfer any such real property or interest therein to an\\neligible borrower and receive and hold any cash, exchange therefor by\\nsuch an eligible borrower and may execute such instruments and do such\\nacts as may be deemed necessary or desirable by them or it and by the\\neligible borrower in connection with a project or projects and such\\nsale, lease or transfer may be made without public auction or bidding;\\nproviding, however, that where such real property is within an urban\\nrenewal area the disposition thereof shall be in accordance with the\\nprovisions of paragraph (d) of subdivision two of section five hundred\\nseven of the general municipal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-K", "title" : "Supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-K", "activeDate" : "2014-09-22", "sequenceNo" : 578, "repealedDate" : null, "fromSection" : "410-K", "toSection" : "410-K", "text" : " § 410-k. Supervision. 1. The commissioner may from time to time\\nmake, alter, amend and repeal rules and regulations for the supervision,\\nexamination, regulation and audit of an eligible borrower and for\\ncarrying into effect this title, and each eligible borrower shall submit\\nan annual report of its operations to the commissioner and the agency\\nwho may examine and audit the books and records of the eligible borrower\\nat any time.\\n 2. The commissioner and the department shall have power to act for\\nand in behalf of the agency in servicing the project mortgage loans of\\nthe agency, and to perform such functions and services in connection\\nwith the making, servicing and collection of such loans as shall be\\nrequested by the agency.\\n 3. (a) The commissioner and the department may, with respect to any\\nproject of which the agency has acquired the fee or otherwise, enter\\ninto an agreement with said agency subject to the approval of the\\ndirector of the budget, for the department, as provided in paragraph (b)\\nhereof, to operate the said project in a manner consistent with the\\npurposes of this title. In such event, the commissioner, on behalf of\\nthe department, shall have the power to use any available funds to pay\\nall operating expenses and to comply with all the terms and provisions\\nof the mortgage, as though the mortgage had not been foreclosed, and to\\ncomply with the provisions of this title.\\n (b) Subject to the provisions of the agreement with said agency, the\\ncommissioner may contract with any person, firm or corporation which he\\ndeems qualified to operate and manage such project and to perform such\\nduties and functions as he may deem necessary.\\n 4. Whenever the commissioner shall be of the opinion that an eligible\\nborrower is failing or omitting, or is about to fail or omit to do\\nanything required of it by law or by order of the commissioner and is\\ndoing or is about to do anything, or permitting anything, or is about to\\npermit anything to be done, contrary to or in violation of law or of any\\norder of the commissioner, or which is improvident or prejudicial to the\\ninterest of the public, the lienholders, the shareholders, or the\\noccupants, the commissioner may, in addition to such other remedies as\\nmay be available, commence an action or proceeding in the supreme court\\nof the state of New York in the name of the commissioner, for the\\npurpose of having such violations or threatened violations stopped and\\nprevented, and in such action or proceeding, the court may appoint a\\ntemporary or permanent receiver or both. Such action or proceeding\\nshall be commenced by a petition to the supreme court, alleging the\\nviolation complained of and praying for appropriate relief. It shall\\nthereupon be the duty of the court to specify the time, not exceeding\\ntwenty days after service of a copy of the petition, within which the\\neligible borrowers complained of must answer the petition. In case of\\nany default or after answer the court shall immediately inquire into the\\nfacts and circumstances in such manner as the court shall direct in the\\ninterest of substantial justice without other or formal pleading. Such\\nother persons or corporations as it shall seem to the court necessary or\\nproper to join as parties in order to make its order or judgment\\neffective, may be joined as parties. The final judgment in any such\\naction or proceeding shall either dismiss the action or proceeding or\\ndirect that an order or an injunction, or both, issue, or provide for\\nthe appointment of a receiver as prayed for in the petition, or grant\\nsuch other relief as the court may deem appropriate.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-L", "title" : "Foreclosures and judgments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-L", "activeDate" : "2014-09-22", "sequenceNo" : 579, "repealedDate" : null, "fromSection" : "410-L", "toSection" : "410-L", "text" : " § 410-l. Foreclosures and judgments. 1. In any foreclosure action\\nthe commissioner shall be made a party defendant. He shall take all\\nsteps necessary to protect the interests of the public therein and no\\ncosts shall be awarded against him. Foreclosures shall not be decreed\\nunless the court to which application is made shall be satisfied that\\nthe interests of the lienholder or holders cannot be adequately assured\\nexcept by the sale of the property. In any such proceeding, the court\\nshall be authorized to appoint the commissioner as receiver of the\\nproperty, or to grant such other and further relief as may be reasonable\\nand proper.\\n 2. Notwithstanding the foregoing provisions of this section, wherever\\nit shall appear that the agency shall have loaned on a mortgage which is\\na first lien upon any such property, such agency shall have all the\\nremedies available to a mortgagee under the laws of the state of New\\nYork, free from any restrictions contained in this section, except that\\nthe commissioner shall be made a party defendant and that the\\ncommissioner shall take all steps necessary to protect the interests of\\nthe public and no costs shall be awarded against him.\\n 3. In the event of a judgment against an eligible borrower in any\\naction not pertaining to the collection of a mortgage indebtedness,\\nthere shall be no sale of any of the real property of such eligible\\nborrower except upon sixty days' written notice to the commissioner and\\nthe agency. Upon receipt of such notice the commissioner and the agency\\nshall take such steps as in their judgment may be necessary to protect\\nthe rights of all parties.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-M", "title" : "Fees and charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-M", "activeDate" : "2014-09-22", "sequenceNo" : 580, "repealedDate" : null, "fromSection" : "410-M", "toSection" : "410-M", "text" : " § 410-m. Fees and charges. The commissioner may, by regulation,\\nestablish and charge to eligible borrowers such fees and charges for\\ninspection, regulation, supervision and audit as to the commissioner may\\nappear just and reasonable in order to recover the departmental costs in\\nperforming these functions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-O", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-O", "activeDate" : "2014-09-22", "sequenceNo" : 581, "repealedDate" : null, "fromSection" : "410-O", "toSection" : "410-O", "text" : " § 410-o. Separability. If any clause, sentence, paragraph or part of\\nthis article shall be adjudged by any court of competent jurisdiction to\\nbe invalid, such judgment shall not affect, impair or invalidate the\\nremainder thereof, but shall be confined in its operation to the clause,\\nsentence, paragraph, section or part thereof directly involved in the\\ncontroversy in which such judgment shall have been rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 11 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T5-B", "title" : "Child Care Resource and Referral Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5-B", "activeDate" : "2014-09-22", "sequenceNo" : 582, "repealedDate" : null, "fromSection" : "410-P", "toSection" : "410-T", "text" : " TITLE 5-B\\n CHILD CARE RESOURCE AND REFERRAL PROGRAM\\nSection 410-p. Definitions.\\n 410-q. Child care resource and referral program services.\\n 410-r. Child care resource and referral programs.\\n 410-s. State reimbursement.\\n 410-t. Responsibilities of the commissioner.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-P", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-P", "activeDate" : "2014-09-22", "sequenceNo" : 583, "repealedDate" : null, "fromSection" : "410-P", "toSection" : "410-P", "text" : " § 410-p. Definitions. As used in this title, the term:\\n 1. \"Agency\" shall mean a not-for-profit corporation or group of\\nnot-for-profit corporations. With respect to any county for which no\\nappropriate not-for-profit corporation or group of corporations has\\nsubmitted a proposal, such term shall mean a statewide or regional\\nnot-for-profit corporation which establishes such a corporation or shall\\nmean a local governmental entity which provides the services authorized\\nby this title;\\n 2. \"Resource and referral program\" shall mean an agency funded\\npursuant to this title to provide services specified in section four\\nhundred ten-r of this title within a defined geographic area;\\n 3. \"Early childhood services\" shall mean services which include, but\\nare not limited to, registered, certified or licensed care in family day\\ncare homes, group family day care homes, school-age child care programs;\\nhead start programs, day care centers; child care which may be provided\\nwithout a permit, certificate or registration in accordance with this\\nstatute; early childhood education programs approved by the state\\neducation department; and care provided in a children's camp as defined\\nin section one thousand four hundred of the public health law;\\n 4. \"Required resource and referral services\" shall mean those services\\nlisted in subdivision one of section four hundred ten-q of this title\\nwhich must be provided by each child care resource and referral program\\nto parents and other guardians, child care and early childhood services\\nproviders, employers and communities within the geographic area served\\nby the program, to the extent funds are available for such services;\\n 5. \"Enhanced services\" shall mean additional or more intensive levels\\nof services as listed in subdivision two of section four hundred ten-q\\nof this title, which an agency agrees to provide in order to receive\\nadditional funding pursuant to this title;\\n 6. \"Parent\" or \"Parents\" shall mean and include biological and\\nadoptive parents, guardians or other persons in parental relationship to\\na child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-Q", "title" : "Child care resource and referral program services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-Q", "activeDate" : "2014-09-22", "sequenceNo" : 584, "repealedDate" : null, "fromSection" : "410-Q", "toSection" : "410-Q", "text" : " § 410-q. Child care resource and referral program services. 1. Each\\nagency approved to receive funding pursuant to this title shall, to the\\nextent funds are available for such purposes, provide the following:\\n (a) Information and referral services directed at educating parents\\nwho contact the agency regarding early childhood services options and\\nmethods of selecting the best option for his or her child; referring\\nparents or guardians to early childhood services providers; informing\\nparents about the availability of financial assistance and tax credits;\\nreferral for parents in coordinating part-day early childhood services\\nproviders and programs to meet the full-day care needs of parents;\\nreferrals for parents of preschool children with handicapping conditions\\npursuant to section forty-four hundred ten of the education law and\\nsection twenty-five hundred forty-two of the public health law;\\nproviding written information to those who contact the agency seeking\\ninformation about early childhood services; maintaining a provider\\nresource file and a file of parents currently seeking early childhood\\nservices; and publicizing child care resource and referral services as\\nnecessary to assure that the availability of those services are known to\\nthe community;\\n (b) Services directed at expanding the number of available family day\\ncare providers and recruiting potential providers; providing information\\non licensing and registration requirements and available funding sources\\nto potential early childhood services providers and programs; and\\nassisting individuals or organizations to qualify as legal early\\nchildhood services providers or programs by providing information on\\napplicable laws and regulations relating to zoning, taxes, insurance,\\ngovernment licensing or registration, and other matters of concern to\\nnew providers;\\n (c) Services directed at maintaining and providing information and\\nresources on early childhood training and other relevant programs for\\nprospective and current providers, including educating child care\\nproviders not requiring a license or registration pursuant to section\\nthree hundred ninety of this article with information on available\\ntraining opportunities at the time of enrollment and re-enrollment;\\n (d) Services directed at developing and maintaining provider data\\nbases to determine service utilization and unmet needs for additional\\nearly childhood services;\\n (e) Assuring access to the United States department of agriculture\\nchild care food program for providers in the service area;\\n (f) Services directed at providing written materials and conducting\\noutreach to employers to encourage their support of child care resource\\nand referral services and other early childhood services; and\\n (g) Each agency funded herein shall provide services in a manner\\nresponsive to the cultural, linguistic and economic characteristics of\\nthe community served.\\n 2. Enhanced services which an agency agrees to provide pursuant to a\\ncontract may include one or more of the following:\\n (a) Services directed at expanding the supply of regulated care in\\nareas where such care is not readily available;\\n (b) Services directed at enhancing the availability and quality of\\nearly childhood services which serve families with particular language,\\nethnic and cultural backgrounds;\\n (c) Services directed at meeting the early childhood services needs of\\nchildren with special needs;\\n (d) Training or technical assistance services targeted to meet\\nspecific local early childhood services needs; and\\n (e) Services directed at promoting, coordinating and assisting\\ncollaborative efforts between early childhood services providers and\\nprograms to meet the local need for full-day early childhood services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-R", "title" : "Child care resource and referral programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-R", "activeDate" : "2014-09-22", "sequenceNo" : 585, "repealedDate" : null, "fromSection" : "410-R", "toSection" : "410-R", "text" : " § 410-r. Child care resource and referral programs. 1. The\\ncommissioner shall solicit applications for available funds from\\nagencies pursuant to this title in a manner to ensure that agencies in\\nevery area of the state will have an opportunity to apply for funds. The\\ncommissioner shall designate areas to be served by child care resource\\nand referral services to ensure that services are accessible statewide\\nto the maximum extent feasible.\\n 2. (a) In reviewing the applications, the commissioner shall consider\\nthe ability of each applicant to provide the services delineated in\\nsection four hundred ten-q of this title. Each agency shall demonstrate\\nthat it has a viable plan to offer the required services to families in\\nthe area without regard to income, and to attract local support for\\nadditions to the required and enhanced services delineated in section\\nfour hundred ten-q of this title.\\n (b) In connection with the review of an application for funds pursuant\\nto this title, the commissioner shall consider requests from agencies\\nfor additional funding for the provision of enhanced services.\\n 3. In accordance with the provisions of this title and subject to\\nfunds appropriated specifically therefor, the commissioner is authorized\\nto award contracts for the operation of child care resource and referral\\nprograms.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-S", "title" : "State reimbursement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-S", "activeDate" : "2014-09-22", "sequenceNo" : 586, "repealedDate" : null, "fromSection" : "410-S", "toSection" : "410-S", "text" : " § 410-s. State reimbursement. 1. The commissioner shall allocate\\nannually any state funds, including any available federal funds,\\nappropriated for such purposes among the agencies approved for funding\\npursuant to this title. The commissioner shall allocate such funds\\npursuant to a statewide formula developed by the department, which shall\\nbe based upon the relative numbers of children, children in working\\nfamilies, and children in low income families in each county, as defined\\nby the department for this purpose. The commissioner shall notify the\\nlegislature prior to the implementation of any change or adjustment in\\nthe formula.\\n 2. As a condition of receiving funds pursuant to this section, the\\nchild care resource and referral program shall demonstrate that it is\\nreceiving or has an agreement to receive funds, from sources other than\\nthe department pursuant to this title. Funds other than those paid by\\nthe department pursuant to this title may come from any other source,\\nincluding but not limited to the department or other state agencies,\\nfederal programs such as the United States department of agriculture\\nchild care food program, local agencies, employers or community\\norganizations, so long as such funds are for reasonably related\\nservices. To continue to receive funds pursuant to this section, such\\nresource and referral program must demonstrate to the commissioner that\\nit has secured funds or commitments from other sources or that\\nextraordinary circumstances exist which preclude the securing of such\\nfunds.\\n 3. All applications approved by the commissioner shall include a\\ncommitment to use appropriate accounting and fiscal control procedures\\nwhich shall include the filing of an annual financial statement which\\nhas been audited as required by the department so as to ensure:\\n (a) the proper disbursement and accounting for funds received; and\\n (b) appropriate written records regarding the population served and\\ntype and extent of services rendered.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-T", "title" : "Responsibilities of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-T", "activeDate" : "2014-09-22", "sequenceNo" : 587, "repealedDate" : null, "fromSection" : "410-T", "toSection" : "410-T", "text" : " § 410-t. Responsibilities of the commissioner. 1. The commissioner\\nshall monitor the performance of agencies to assure that the terms of\\nthe contract are met, that the services are provided in accordance with\\nthe intent of this title and that funds are used as required by this\\ntitle.\\n 2. The commissioner may contract for technical support, planning,\\ncoordination and data collection services to assist agencies in offering\\nchild care resource services in unserved areas.\\n 3. Beginning July first, nineteen hundred ninety-four and biennially\\nthereafter, the commissioner shall submit a report to the governor and\\nthe legislature on the implementation of this title which shall include\\nbut not be limited to:\\n (a) the names of the agencies serving the counties and the counties\\nserved by a child care resources and referral agency;\\n (b) the awards made to each agency;\\n (c) the characteristics and number of children and families who have\\nreceived services;\\n (d) the improvements in the accessibility of early childhood services,\\nthe improvement in quality and the expanded supply;\\n (e) the nature of services contracted for and additional services the\\nagency is able to provide with other funding sources;\\n (f) the amount of state and federal funding available for services\\nprovided under this title; and\\n (g) the cost to the state to administer the programs funded under this\\ntitle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T5-C", "title" : "Block Grant For Child Care", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "5-C", "activeDate" : "2014-09-22", "sequenceNo" : 588, "repealedDate" : null, "fromSection" : "410-U", "toSection" : "410-Z", "text" : " TITLE 5-C\\n BLOCK GRANT FOR CHILD CARE\\nSection 410-u. Establishment of block grant for child care.\\n 410-v. Allocation of block grant funds.\\n 410-w. Eligible families.\\n 410-x. Use of funds.\\n 410-y. Maintenance of effort.\\n 410-z. Reporting requirements.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-U", "title" : "Establishment of block grant for child care", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-04-15", "2023-05-12", "2023-10-06" ], "docLevelId" : "410-U", "activeDate" : "2023-05-12", "sequenceNo" : 589, "repealedDate" : null, "fromSection" : "410-U", "toSection" : "410-U", "text" : " § 410-u. Establishment of block grant for child care. 1. The\\ndepartment shall establish a state block grant for child care comprised\\nof all of the federal funds appropriated for child care under title IV-A\\nof the federal social security act and under the federal child care and\\ndevelopment block grant act and any additional federal funds that the\\nstate chooses to transfer from the federal family assistance to needy\\nfamilies block grant to the child care and development block grant plus\\nany state funds appropriated for the provision by social services\\ndistricts of child care assistance to families in receipt of family\\nassistance and other low income families and for activities to increase\\nthe availability and/or quality of child care programs.\\n * 2. The state block grant for child care shall be divided into two\\nparts pursuant to a plan developed by the department and approved by the\\ndirector of the budget. One part shall be retained by the state to\\nprovide child care on a statewide basis to special groups and for\\nactivities to increase the availability and/or quality of child care\\nprograms, including, but not limited to, the start-up of child care\\nprograms, the operation of child care resource and referral programs,\\ntraining activities, the regulation and monitoring of child care\\nprograms, the development of computerized data systems, and consumer\\neducation, provided however, that child care resource and referral\\nprograms funded under title five-B of article six of this chapter shall\\nmeet additional performance standards developed by the department of\\nsocial services including but not limited to: increasing the number of\\nchild care placements for persons who are at or below two hundred\\npercent of the state income standard, or three hundred percent of the\\nstate income standard effective August first, two thousand twenty-two,\\nprovided such persons are at or below eighty-five percent of the state\\nmedian income, with emphasis on placements supporting local efforts in\\nmeeting federal and state work participation requirements, increasing\\ntechnical assistance to all modalities of legal child care to persons\\nwho are at or below two hundred percent of the state income standard, or\\nthree hundred percent of the state income standard effective August\\nfirst, two thousand twenty-two, provided such persons are at or below\\neighty-five percent of the state median income, including the provision\\nof training to assist providers in meeting child care standards or\\nregulatory requirements, and creating new child care opportunities, and\\nassisting social services districts in assessing and responding to child\\ncare needs for persons at or below two hundred percent of the state\\nincome standard, or three hundred percent of the state income standard\\neffective August first, two thousand twenty-two, provided such persons\\nare at or below eighty-five percent of the state median income. The\\ndepartment shall have the authority to withhold funds from those\\nagencies which do not meet performance standards. Agencies whose funds\\nare withheld may have funds restored upon achieving performance\\nstandards. The other part shall be allocated to social services\\ndistricts to provide child care assistance to families receiving family\\nassistance and to other low income families.\\n * NB Effective until October 1, 2023\\n * 2. The state block grant for child care shall be divided into two\\nparts pursuant to a plan developed by the department and approved by the\\ndirector of the budget. One part shall be retained by the state to\\nprovide child care on a statewide basis to special groups and for\\nactivities to increase the availability and/or quality of child care\\nprograms, including, but not limited to, the start-up of child care\\nprograms, the operation of child care resource and referral programs,\\ntraining activities, the regulation and monitoring of child care\\nprograms, the development of computerized data systems, and consumer\\neducation, provided however, that child care resource and referral\\nprograms funded under title five-B of article six of this chapter shall\\nmeet additional performance standards developed by the department of\\nsocial services including but not limited to: increasing the number of\\nchild care placements for persons who are at or below eighty-five\\npercent of the state median income, with emphasis on placements\\nsupporting local efforts in meeting federal and state work participation\\nrequirements, increasing technical assistance to all modalities of legal\\nchild care to persons who are at or below eighty-five percent of the\\nstate median income, including the provision of training to assist\\nproviders in meeting child care standards or regulatory requirements,\\nand creating new child care opportunities, and assisting social services\\ndistricts in assessing and responding to child care needs for persons at\\nor below eighty-five percent of the state median income. The department\\nshall have the authority to withhold funds from those agencies which do\\nnot meet performance standards. Agencies whose funds are withheld may\\nhave funds restored upon achieving performance standards. The other part\\nshall be allocated to social services districts to provide child care\\nassistance to families receiving family assistance and to other low\\nincome families.\\n * NB Effective October 1, 2023\\n 3. Notwithstanding any other provision of law, expenditures of funds\\nfrom the block grant shall be governed by this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-V", "title" : "Allocation of block grant funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "410-V", "activeDate" : "2014-09-22", "sequenceNo" : 590, "repealedDate" : null, "fromSection" : "410-V", "toSection" : "410-V", "text" : " § 410-v. Allocation of block grant funds. 1. The part of the block\\nthat is determined to be available to social services districts for\\nchild care assistance shall be apportioned among the social services\\ndistricts by the department according to an allocation plan developed by\\nthe department and approved by the director of the budget. The\\nallocation plan shall be based, at least in part, on historical costs\\nand on the availability and cost of, and the need for, child care\\nassistance in each social services district. Annual allocations shall\\nbe made on a federal fiscal year basis.\\n 2. Reimbursement under the block grant to a social services district\\nfor its expenditures for child care assistance shall be available for\\nseventy-five percent of the district's expenditures for child care\\nassistance provided to those families in receipt of public assistance\\nwhich are eligible for child care assistance under this title and for\\none hundred percent of the social services district's expenditures for\\nother eligible families; provided, however, that such reimbursement\\nshall be limited to the social services district's annual state block\\ngrant allocation.\\n 3. Any portion of a social services district's block grant allocation\\nfor a particular federal fiscal year that is not claimed by such\\ndistrict during that federal fiscal year shall be added to that social\\nservices district's block grant allocation for the next federal fiscal\\nyear.\\n 4. Any claims for child care assistance made by a social services\\ndistrict for services that occurred from October first, nineteen hundred\\nninety-six through September thirtieth, nineteen hundred ninety-seven,\\nother than claims made under title XX of the federal social security\\nact, shall be counted against the social services district's first block\\ngrant allocation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-W", "title" : "Eligible families", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-08-21", "2019-10-11", "2020-04-03", "2021-04-23", "2022-04-15", "2022-06-03", "2023-01-06", "2023-03-10", "2023-03-31", "2023-05-12", "2023-10-06", "2024-08-02", "2024-12-13", "2025-01-31", "2025-06-13" ], "docLevelId" : "410-W", "activeDate" : "2023-05-12", "sequenceNo" : 591, "repealedDate" : null, "fromSection" : "410-W", "toSection" : "410-W", "text" : " § 410-w. Eligible families. * 1. A social services district may use\\nthe funds allocated to it from the block grant to provide child care\\nassistance to:\\n (a) families receiving public assistance when such child care\\nassistance is necessary: to enable a parent or caretaker relative to\\nengage in work, participate in work activities or perform a community\\nservice pursuant to title nine-B of article five of this chapter; to\\nenable a teenage parent to attend high school or other equivalent\\ntraining program; because the parent or caretaker relative is physically\\nor mentally incapacitated; or because family duties away from home\\nnecessitate the parent or caretaker relative's absence; child day care\\nshall be provided during breaks in activities, for a period of up to two\\nweeks. Such child day care may be authorized for a period of up to one\\nmonth if child care arrangements shall be lost if not continued, and the\\nprogram or employment is scheduled to begin within such period;\\n (b) families with incomes up to two hundred percent of the state\\nincome standard, or three hundred percent of the state income standard\\neffective August first, two thousand twenty-two who are attempting\\nthrough work activities to transition off of public assistance when such\\nchild care is necessary in order to enable a parent or caretaker\\nrelative to engage in work provided such families' public assistance has\\nbeen terminated as a result of increased hours of or income from\\nemployment or increased income from child support payments or the family\\nvoluntarily ended assistance; provided that the family received public\\nassistance at least three of the six months preceding the month in which\\neligibility for such assistance terminated or ended or provided that\\nsuch family has received child care assistance under subdivision four of\\nthis section; and provided, the family income does not exceed\\neighty-five percent of the state median income;\\n (c) families with incomes up to two hundred percent of the state\\nincome standard, or three hundred percent of the state income standard\\neffective August first, two thousand twenty-two, which are determined in\\naccordance with the regulations of the department to be at risk of\\nbecoming dependent on family assistance; provided, the family income\\ndoes not exceed eighty-five percent of the state median income;\\n (d) families with incomes up to two hundred percent of the state\\nincome standard, or three hundred percent of the state income standard\\neffective August first, two thousand twenty-two, who are attending a\\npost secondary educational program; provided, the family income does not\\nexceed eighty-five percent of the state median income; and\\n (e) other families with incomes up to two hundred percent of the state\\nincome standard, or three hundred percent of the state income standard\\neffective August first, two thousand twenty-two, which the social\\nservices district designates in its consolidated services plan as\\neligible for child care assistance in accordance with criteria\\nestablished by the department; provided, the family income does not\\nexceed eighty-five percent of the state median income.\\n * NB Effective until October 1, 2023\\n * 1. A social services district may use the funds allocated to it from\\nthe block grant to provide child care assistance to:\\n (a) families receiving public assistance when such child care\\nassistance is necessary: to enable a parent or caretaker relative to\\nengage in work, participate in work activities or perform a community\\nservice pursuant to title nine-B of article five of this chapter; to\\nenable a teenage parent to attend high school or other equivalent\\ntraining program; because the parent or caretaker relative is physically\\nor mentally incapacitated; or because family duties away from home\\nnecessitate the parent or caretaker relative's absence; child day care\\nshall be provided during breaks in activities. Such child day care shall\\nbe authorized for the period designated by the regulations of the\\ndepartment;\\n (b) families with incomes up to eighty-five percent of the state\\nmedian income who are attempting through work activities to transition\\noff of public assistance when such child care is necessary in order to\\nenable a parent or caretaker relative to engage in work provided such\\nfamilies' public assistance has been terminated as a result of increased\\nhours of or income from employment or increased income from child\\nsupport payments or the family voluntarily ended assistance; provided\\nthat the family received public assistance at least three of the six\\nmonths preceding the month in which eligibility for such assistance\\nterminated or ended or provided that such family has received child care\\nassistance under subdivision four of this section;\\n (c) families with incomes up to eighty-five percent of the state\\nmedian income, which are determined in accordance with the regulations\\nof the department to be at risk of becoming dependent on family\\nassistance;\\n (d) families with incomes up to eighty-five percent of the state\\nmedian income, who are attending a post secondary educational program;\\nand\\n (e) other families with incomes up to eighty-five percent of the state\\nmedian income in accordance with criteria established by the department.\\n * NB Effective October 1, 2023\\n 2. For the purposes of this title, the term \"state income standard\"\\nmeans the most recent federal income official poverty line (as defined\\nand annually revised by the federal office of management and budget)\\nupdated by the department for a family size of four and adjusted by the\\ndepartment for family size.\\n * 3. A social services district shall guarantee child care assistance\\nto families in receipt of public assistance with children under thirteen\\nyears of age when such child care assistance is necessary for a parent\\nor caretaker relative to engage in work or participate in work\\nactivities pursuant to the provisions of title nine-B of article five of\\nthis chapter. Child care assistance shall continue to be guaranteed for\\nsuch a family for a period of twelve months or, upon approval by the\\noffice, may be provided by a social services district for a period up to\\ntwenty-four months, after the month in which the family's eligibility\\nfor public assistance has terminated or ended when such child care is\\nnecessary in order to enable the parent or caretaker relative to engage\\nin work, provided that the family's public assistance has been\\nterminated as a result of an increase in the hours of or income from\\nemployment or increased income from child support payments or because\\nthe family voluntarily ended assistance; that the family received public\\nassistance in at least three of the six months preceding the month in\\nwhich eligibility for such assistance terminated or ended or provided\\nthat such family has received child care assistance under subdivision\\nfour of this section; that the family's income does not exceed two\\nhundred percent of the state income standard, or three hundred percent\\nof the state income standard effective August first, two thousand\\ntwenty-two; and that the family income does not exceed eighty-five\\npercent of the state median income. Such child day care shall recognize\\nthe need for continuity of care for the child and a district shall not\\nmove a child from an existing provider unless the participant consents\\nto such move.\\n * NB Effective until October 1, 2023\\n * 3. A social services district shall guarantee child care assistance\\nto families in receipt of public assistance with children under thirteen\\nyears of age when such child care assistance is necessary for a parent\\nor caretaker relative to engage in work or participate in work\\nactivities pursuant to the provisions of title nine-B of article five of\\nthis chapter. Child care assistance shall continue to be guaranteed for\\nsuch a family for a period of twelve months or, upon approval by the\\noffice, may be provided by a social services district for a period up to\\ntwenty-four months, after the month in which the family's eligibility\\nfor public assistance has terminated or ended when such child care is\\nnecessary in order to enable the parent or caretaker relative to engage\\nin work, provided that the family's public assistance has been\\nterminated as a result of an increase in the hours of or income from\\nemployment or increased income from child support payments or because\\nthe family voluntarily ended assistance; that the family received public\\nassistance in at least three of the six months preceding the month in\\nwhich eligibility for such assistance terminated or ended or provided\\nthat such family has received child care assistance under subdivision\\nfour of this section; and that the family's income does not exceed\\neighty-five percent of the state median income. Such child day care\\nshall recognize the need for continuity of care for the child and a\\ndistrict shall not move a child from an existing provider unless the\\nparticipant consents to such move.\\n * NB Effective October 1, 2023\\n * 3-a. A local social services district may, upon notification to the\\noffice, utilize a presumptive eligibility standard to provide child care\\nassistance, in accordance with this subdivision. The office of children\\nand family services shall issue guidance regarding the preliminary\\neligibility criteria to be used by local social services districts\\nutilizing a presumptive eligibility standard.\\n (a) A local social services district opting to utilize a presumptive\\neligibility standard, shall, upon receipt of an application for child\\ncare assistance, including all completed documentation required by the\\ndistrict, complete a preliminary eligibility determination.\\n (b) If the family meets the preliminary eligibility criteria, the\\nfamily shall be presumed eligible for child care assistance for the\\nperiod from the date of the application to the date of the final\\neligibility determination.\\n (c) If, upon final determination, a family is determined to be\\neligible for child care assistance under subdivision one or four of this\\nsection, the social services district may utilize child care block grant\\nfunds for the presumptive eligibility period.\\n (d) If, upon final determination, a family is determined to be\\nineligible for child care assistance under subdivision one or four of\\nthis section, the social services district must utilize local funds for\\nthe presumptive eligibility period.\\n (e) If, upon final determination, the application for child care\\nservices is denied, the social services district shall send written\\nnotice to the applicant of the determination of ineligibility and of the\\napplicant's right to a fair hearing in accordance with the regulations\\nof the office.\\n * NB Effective May 3, 2024\\n 4. (a) Local social services districts shall guarantee applicants who\\nwould otherwise be eligible for, or are recipients of, public assistance\\nbenefits and who are employed, the option to choose to receive\\ncontinuing child day care subsidies in lieu of public assistance\\nbenefits, for such period of time as the recipient continues to be\\neligible for public assistance. For the purposes of this subdivision, an\\neligible applicant for, or recipient of, public assistance benefits and\\nwho is employed includes a person whose gross earnings equal, or are\\ngreater than, the required number of work hours times the state minimum\\nwage. Recipients of child care subsidies under this subdivision who are\\nno longer eligible for public assistance benefits, shall be eligible for\\ntransitional child care described in paragraph (b) of subdivision one of\\nthis section as if they had been recipients of public assistance.\\n (b) Nothing herein shall be construed to waive the right of an\\napplicant who chooses to receive continuing child day care subsidies\\npursuant to this section from applying for ongoing public assistance.\\n 5. (a) A family eligible for child care assistance pursuant to\\nsubdivision one of this section, unless such family voluntarily ends\\nsuch assistance, shall be deemed eligible for a period of no less than\\ntwelve months from the date of the eligibility determination for such\\nassistance, provided the family income does not exceed eighty-five\\npercent of the state median income. A social services district may\\nextend this period to up to twenty-four months, provided the family\\nincome does not exceed eighty-five percent of the state median income.\\n (b) A family eligible for child care assistance under paragraph (a) of\\nsubdivision one of this section shall suffer no break in child care\\nservices and shall not be required to reapply for such assistance so\\nlong as eligibility under subdivision three of this section continues.\\n 6. Notwithstanding any other provision of law, rule or regulation to\\nthe contrary, applicants for child care subsidy assistance shall be\\nencouraged to obtain a child support order and shall be advised of the\\nbenefits of obtaining such orders. Provided however, no applicant for,\\nor recipient of, child care assistance under this title shall be\\nrequired to pursue, or to obtain, a court order for child support as a\\ncondition of eligibility for child care assistance.\\n 7. For purposes of determining financial eligibility under this title,\\nthe earned income of a dependent child under the age of eighteen, who is\\nnot legally responsible for the child or children for which child care\\nassistance is sought, shall be disregarded when determining the\\neligibility of a household for a child care subsidy.\\n * 8. Notwithstanding any other provision of law, rule or regulations\\nto the contrary, a social services district that implements a plan\\namendment to the child care portion of its child and family services\\nplan, either as part of an annual plan update, or through a separate\\nplan amendment process, where such amendment reduces eligibility for, or\\nincreases the family share percentage of, families receiving child care\\nservices, or that implements the process for closing child care cases as\\nset forth in the district's approved child and family services plan, due\\nto the district determining that it cannot maintain its current caseload\\nbecause all of the available funds are projected to be needed for open\\ncases, shall provide all families whose eligibility for child care\\nassistance or family share percentage will be impacted by such action\\nwith at least thirty days prior written notice of the action. Provided,\\nhowever, that a family receiving assistance pursuant to this title shall\\nnot be required to contribute more than ten percent of their income\\nexceeding the federal poverty level.\\n * NB Effective until October 1, 2023\\n * 8. Notwithstanding any other provision of law, rule or regulations\\nto the contrary, a social services district that implements a plan\\namendment to the child care portion of its child and family services\\nplan, either as part of an annual plan update, or through a separate\\nplan amendment process, where such amendment reduces eligibility for, or\\nincreases the family share percentage of, families receiving child care\\nservices, or that implements the process for closing child care cases as\\nset forth in the district's approved child and family services plan, due\\nto the district determining that it cannot maintain its current caseload\\nbecause all of the available funds are projected to be needed for open\\ncases, shall provide all families whose eligibility for child care\\nassistance or family share percentage will be impacted by such action\\nwith at least thirty days prior written notice of the action. Provided,\\nhowever, that a family receiving assistance pursuant to this title shall\\nnot be required to contribute more than one percent of their income\\nexceeding the federal poverty level.\\n * NB Effective October 1, 2023\\n 9. Parents and caretakers who are otherwise eligible for child care\\nassistance, and provided with such assistance, shall be able to utilize\\nthe assistance when care is necessary to enable them to sleep because\\nthey work non-traditional hours and have a child who is under the age of\\nsix and not in school for a full school day. The authorization for child\\ncare assistance shall be sufficient to allow the parent to obtain up to\\neight hours of sleep, as needed.\\n * 10. For the purposes of this section, the term \"state median income\"\\nmeans the most recent state median income data published by the bureau\\nof the census, for a family of the same size, updated by the department\\nfor a family size of four and adjusted by the department for family\\nsize.\\n * NB Effective until October 1, 2023\\n * 10. For the purposes of this title, the term \"state median income\"\\nmeans the most recent state median income data published by the bureau\\nof the census, for a family of the same size, updated by the department\\nfor a family size of four and adjusted by the department for family\\nsize.\\n * NB Effective October 1, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-X", "title" : "Use of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-23", "2023-05-12", "2023-10-06", "2024-05-03", "2025-04-04" ], "docLevelId" : "410-X", "activeDate" : "2023-05-12", "sequenceNo" : 592, "repealedDate" : null, "fromSection" : "410-X", "toSection" : "410-X", "text" : " § 410-x. Use of funds. 1. A social services district shall expend its\\nallocation from the block grant in a manner that provides for equitable\\naccess to child care assistance funds to eligible families, and in\\naccordance with the applicable provisions in federal law regarding the\\nportion of the funds which must be spent on families in receipt of\\nfamily assistance, families who are attempting through work activities\\nto transition off of family assistance and families at-risk of becoming\\ndependent on family assistance and the portion which must be spent on\\nother working low-income families. Each social services district may\\nspend no more than five percent of its block grant allocation for\\nadministrative activities. The term \"administrative activities\" shall\\nnot include the costs of providing direct services.\\n 2. * (a) A social services district may establish priorities for the\\nfamilies which will be eligible to receive funding; provided that the\\npriorities provide that eligible families will receive equitable access\\nto child care assistance funds to the extent that these funds are\\navailable.\\n * NB Effective until October 1, 2023\\n * (a) The office of children and family services may establish\\npriorities for the families which will be eligible to receive funding;\\nprovided that the priorities provide that eligible families will receive\\nequitable access to child care assistance funds to the extent that these\\nfunds are available. The office of children and family services shall\\nensure that families in receipt of child care assistance as of September\\nthirtieth, two thousand twenty-three who were identified as a priority\\npopulation under a local social services district's consolidated\\nservices plan shall continue to be eligible for such assistance,\\nprovided they meet all other applicable eligibility requirements for\\nsuch assistance.\\n * NB Effective October 1, 2023\\n * (b) A social services district shall set forth its priorities for\\nchild care assistance in the district's consolidated services plan. The\\ncommissioner of the office of children and family services shall not\\napprove any plan that does not provide for equitable access to child\\ncare assistance funds.\\n * NB Repealed October 1, 2023\\n * (c) A social services district shall be authorized to set aside\\nportions of its block grant allocation to serve one or more of its\\npriority groups and/or to discontinue funding to families with lower\\npriorities in order to serve families with higher priorities; provided\\nthat the method of disbursement to priority groups provides that\\neligible families within a priority group will receive equitable access\\nto child care assistance funds to the extent that these funds are\\navailable.\\n * NB Repealed October 1, 2023\\n (d) Each social services district shall collect and submit to the\\ncommissioner of the office of children and family services in a manner\\nto be specified by the commissioner of the office of children and family\\nservices information concerning the disbursement of child care\\nassistance funds showing geographic distribution of children receiving\\nassistance within the district.\\n (e) The commissioner of the office of children and family services\\nshall submit a report to the governor, temporary president of the senate\\nand the speaker of the assembly on or before August thirty-first, two\\nthousand one concerning the implementation of this section. This report\\nshall include information concerning the disbursement of child care\\nassistance funds showing geographic distribution of children receiving\\nassistance within the state.\\n 3. Child care assistance funded under the block grant must meet all\\napplicable standards set forth in section three hundred ninety of this\\narticle or the administrative code of the city of New York, including\\nchild day care in a child day care center, family day care home, group\\nfamily day care home, school age child care program, or in home care\\nwhich is not subject to licensure, certification or registration, or any\\nother lawful form of care for less than twenty-four hours per day. The\\ndepartment also is required to establish, in regulation, minimum health\\nand safety requirements that must be met by those providers providing\\nchild care assistance funded under the block grant which are not\\nrequired to be licensed or registered under section three hundred ninety\\nof this article or to be licensed under the administrative code of the\\ncity of New York and to those public assistance recipients who are\\nproviding child care assistance as part of their work activities or as\\ncommunity service under title nine-B of article five of this chapter. A\\nsocial services district may submit to the department justification for\\na need to impose additional minimum health and safety requirements on\\nsuch providers and a plan to monitor compliance with such additional\\nrequirements. No such additional requirements or monitoring may be\\nimposed without the written approval of the department. Social services\\ndistricts shall provide, directly or through referral, technical\\nassistance and relevant health and safety information to all public\\nassistance recipients who voluntarily choose to provide child care\\nassistance as part of their work activities under title nine-B of\\narticle five of this chapter.\\n 4. The amount to be paid or allowed for child care assistance funded\\nunder the block grant shall be the actual cost of care but no more than\\nthe applicable market-related payment rate established by the department\\nin regulations. The payment rates established by the department shall be\\nsufficient to ensure equal access for eligible children to comparable\\nchild care assistance in the substate area that are provided to children\\nwhose parents are not eligible to receive assistance under any federal\\nor state programs. Such payment rates shall take into account the\\nvariations in the costs of providing child care in different settings\\nand to children of different age groups, and the additional costs of\\nproviding child care for children with special needs.\\n 5. The department shall promulgate regulations under which provision\\nfor child care assistance may be made by providing child care directly;\\nthrough purchase of services contracts; by providing cash, vouchers or\\nreimbursement to the providers of child care or to the parents or\\ncaretaker relatives; or through such other arrangement as the department\\nfinds appropriate. Such regulations shall require the use of at least\\none method by which child care arranged by the parent or caretaker\\nrelative can be paid.\\n * 6. Pursuant to department regulations, child care assistance shall\\nbe provided on a sliding fee basis based upon the family's ability to\\npay; provided, however, that a family receiving assistance pursuant to\\nthis title shall not be required to contribute more than ten percent of\\ntheir income exceeding the federal poverty level.\\n * NB Effective until October 1, 2023\\n * 6. Pursuant to department regulations, child care assistance shall\\nbe provided on a sliding fee basis based upon the family's ability to\\npay; provided, however, that a family receiving assistance pursuant to\\nthis title shall not be required to contribute more than one percent of\\ntheir income exceeding the federal poverty level.\\n * NB Effective October 1, 2023\\n 7. A social services district may suspend the eligibility of a\\nprovider who is not required to be licensed or registered under section\\nthree hundred ninety of this article to provide child care assistance\\nfunded under the block grant, where the provider is the subject of a\\nreport of child abuse or maltreatment that is under investigation by\\nchild protective services.\\n 8. Notwithstanding any provision of law to the contrary, child care\\nassistance payments made pursuant to this section may be made by direct\\ndeposit or debit card, as elected by the recipient, and administered\\nelectronically, and in accordance with such guidelines, as may be set\\nforth by regulation of the office of children and family services. The\\noffice of children and family services may enter into contracts on\\nbehalf of local social services districts for such direct deposit or\\ndebit card services in accordance with section twenty-one-a of this\\nchapter.\\n * 9. Reimbursement for payment on behalf of children who are\\ntemporarily absent from child care shall be paid for up to eighty days\\nper year. Reimbursement for additional absences may be allowable in the\\ncase of extenuating circumstances, as determined by the office of\\nchildren and family services.\\n * NB Effective October 1, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-Y", "title" : "Maintenance of effort", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-05-16", "2025-10-03" ], "docLevelId" : "410-Y", "activeDate" : "2014-09-22", "sequenceNo" : 593, "repealedDate" : null, "fromSection" : "410-Y", "toSection" : "410-Y", "text" : " § 410-y. Maintenance of effort. Each social services district shall\\nmaintain the amount of local funds spent for child care assistance under\\nthe child care block grant at a level equal to or greater than the\\namount the district spent for child care assistance during federal\\nfiscal year nineteen hundred ninety-five under title IV-A of the federal\\nsocial security act, the federal child care development block grant\\nprogram and the state low income child care program. If the state fails\\nto meet the level of state and local child care funding necessary to\\nmaintain the federal matching funds for child care assistance available\\nunder title IV-a of the federal social security act, the state shall\\nwithhold funding from those social services districts which spent a\\nlower amount of local funds for child care assistance than the amount\\nthey spent during federal fiscal year nineteen hundred ninety-five,\\nbased on a formula established in department regulations, equal to the\\namount of the matching funds which have been lost.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "410-Z", "title" : "Reporting requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2025-12-26", "2026-01-30", "2026-02-20" ], "docLevelId" : "410-Z", "activeDate" : "2014-09-22", "sequenceNo" : 594, "repealedDate" : null, "fromSection" : "410-Z", "toSection" : "410-Z", "text" : " § 410-z. Reporting requirements. Each social services district shall\\ncollect and submit to the department, in such form and at such times as\\nspecified by the department, such data and information regarding child\\ncare assistance provided under the block grant as the department may\\nneed to comply with federal reporting requirements.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T6", "title" : "Child Protective Services", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6", "activeDate" : "2014-09-22", "sequenceNo" : 595, "repealedDate" : null, "fromSection" : "411", "toSection" : "428", "text" : " TITLE 6\\n CHILD PROTECTIVE SERVICES\\nSection 411. Findings and purpose.\\n 412. General definitions.\\n 413. Persons and officials required to report cases of\\n suspected child abuse or maltreatment.\\n 414. Any person permitted to report.\\n 415. Reporting procedure.\\n 416. Obligations of persons required to report.\\n 417. Taking a child into protective custody.\\n 418. Mandatory reporting to and post-mortem investigation of\\n deaths by medical examiner or coroner.\\n 419. Immunity from liability.\\n 420. Penalties for failure to report.\\n 421. Responsibility of the office.\\n 422. Statewide central register of child abuse and\\n maltreatment.\\n 422-a. Child abuse and neglect investigations; disclosure.\\n 422-b. Local and regional fatality review teams.\\n 422-c. Establishment of the child abuse medical provider program\\n (CHAMP).\\n 423. Child protective service responsibilities and\\n organization; purchase of service and reimbursement of\\n cost; local plan.\\n 423-a. Child advocacy centers established.\\n 424. Duties of child protective service concerning reports of\\n abuse or maltreatment.\\n 424-a. Access to information contained in the statewide central\\n register of child abuse and maltreatment.\\n 424-b. Children in the care of certain public and private\\n agencies.\\n 425. Cooperation of other agencies.\\n 426. Annual reports.\\n 427. Regulations of the commissioner.\\n 427-a. Differential response programs for child protection\\n assessments or investigations.\\n 428. Separability.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "411", "title" : "Findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "411", "activeDate" : "2014-09-22", "sequenceNo" : 596, "repealedDate" : null, "fromSection" : "411", "toSection" : "411", "text" : " § 411. Findings and purpose. Abused and maltreated children in this\\nstate are in urgent need of an effective child protective service to\\nprevent them from suffering further injury and impairment. It is the\\npurpose of this title to encourage more complete reporting of suspected\\nchild abuse and maltreatment and to establish in each county of the\\nstate a child protective service capable of investigating such reports\\nswiftly and competently and capable of providing protection for the\\nchild or children from further abuse or maltreatment and rehabilitative\\nservices for the child or children and parents involved.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "412", "title" : "General definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-11-27", "2016-01-22", "2016-03-25", "2017-04-28", "2017-07-21", "2020-04-17", "2022-01-07" ], "docLevelId" : "412", "activeDate" : "2022-01-07", "sequenceNo" : 597, "repealedDate" : null, "fromSection" : "412", "toSection" : "412", "text" : " § 412. General definitions. When used in this title and unless the\\nspecific context indicates otherwise:\\n 1. An \"abused child\" means a child under eighteen years of age and who\\nis defined as an abused child by the family court act;\\n 2. A \"maltreated child\" includes a child under eighteen years of age:\\n (a) defined as a neglected child by the family court act, or\\n (b) who has had serious physical injury inflicted upon him or her by\\nother than accidental means;\\n 3. \"Person legally responsible\" for a child means a person legally\\nresponsible as defined by the family court act;\\n 4. \"Subject of the report\" means any parent of, guardian of, or other\\nperson eighteen years of age or older legally responsible for, as\\ndefined in subdivision (g) of section one thousand twelve of the family\\ncourt act, a child reported to the statewide central register of child\\nabuse and maltreatment who is allegedly responsible for causing injury,\\nabuse or maltreatment to such child or who allegedly allows such injury,\\nabuse or maltreatment to be inflicted on such child; or a director or an\\noperator of, or employee or volunteer in, a home operated or supervised\\nby an authorized agency, the office of children and family services, or\\nin a family day-care home, a day-care center, a group family day care\\nhome, a school-age child care program or a day-services program who is\\nallegedly responsible for causing injury, abuse or maltreatment to a\\nchild who is reported to the statewide central register of child abuse\\nor maltreatment or who allegedly allows such injury, abuse or\\nmaltreatment to be inflicted on such child;\\n 5. \"Other persons named in the report\" shall mean and be limited to\\nthe following persons who are named in a report of child abuse or\\nmaltreatment other than the subject of the report: the child who is\\nreported to the statewide central register of child abuse and\\nmaltreatment; and such child's parent, guardian, or other person legally\\nresponsible for the child who has not been named in the report as\\nallegedly responsible for causing injury, abuse or maltreatment to the\\nchild or as allegedly allowing such injury, abuse or maltreatment to be\\ninflicted on such child;\\n 6. An \"unfounded report\" means any report made pursuant to this title\\nunless an investigation: (i) commenced on or before December\\nthirty-first, two thousand twenty-one determines that some credible\\nevidence of the alleged abuse or maltreatment exists; or (ii) commenced\\non or after January first, two thousand twenty-two determines that a\\nfair preponderance of the evidence of the alleged abuse or maltreatment\\nexists;\\n 7. An \"indicated report\" means a report made pursuant to this title if\\nan investigation: (i) commenced on or before December thirty-first, two\\nthousand twenty-one determines that some credible evidence of the\\nalleged abuse or maltreatment exists; or (ii) commenced on or after\\nJanuary first, two thousand twenty-two determines that a fair\\npreponderance of the evidence of the alleged abuse or maltreatment\\nexists;\\n 8. \"Substance abuse counselor\" or \"alcoholism counselor\" means any\\nperson who has been issued a credential therefor by the office of\\nalcoholism and substance abuse services, pursuant to paragraphs one and\\ntwo of subdivision (d) of section 19.07 of the mental hygiene law.\\n 9. A \"publicly-funded emergency shelter for families with children\"\\nmeans any facility with overnight sleeping accommodations and that is\\nused to house recipients of temporary housing assistance and which\\nhouses or may house children and families with children.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "413", "title" : "Persons and officials required to report cases of suspected child abuse or maltreatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-07-03", "2017-04-28", "2017-07-21", "2018-04-20", "2021-04-23", "2022-04-08", "2023-11-26", "2023-12-29", "2024-02-09", "2024-11-22", "2025-12-26", "2026-01-30" ], "docLevelId" : "413", "activeDate" : "2022-04-08", "sequenceNo" : 598, "repealedDate" : null, "fromSection" : "413", "toSection" : "413", "text" : " § 413. Persons and officials required to report cases of suspected\\nchild abuse or maltreatment. 1. (a) The following persons and officials\\nare required to report or cause a report to be made in accordance with\\nthis title when they have reasonable cause to suspect that a child\\ncoming before them in their professional or official capacity is an\\nabused or maltreated child, or when they have reasonable cause to\\nsuspect that a child is an abused or maltreated child where the parent,\\nguardian, custodian or other person legally responsible for such child\\ncomes before them in their professional or official capacity and states\\nfrom personal knowledge facts, conditions or circumstances which, if\\ncorrect, would render the child an abused or maltreated child: any\\nphysician; registered physician assistant; surgeon; medical examiner;\\ncoroner; dentist; dental hygienist; osteopath; optometrist;\\nchiropractor; podiatrist; resident; intern; psychologist; registered\\nnurse; social worker; emergency medical technician; licensed creative\\narts therapist; licensed marriage and family therapist; licensed mental\\nhealth counselor; licensed psychoanalyst; licensed behavior analyst;\\ncertified behavior analyst assistant; hospital personnel engaged in the\\nadmission, examination, care or treatment of persons; a Christian\\nScience practitioner; school official, which includes but is not limited\\nto school teacher, school guidance counselor, school psychologist,\\nschool social worker, school nurse, school administrator or other school\\npersonnel required to hold a teaching or administrative license or\\ncertificate; full or part-time compensated school employee required to\\nhold a temporary coaching license or professional coaching certificate;\\nsocial services worker; employee of a publicly-funded emergency shelter\\nfor families with children; director of a children's overnight camp,\\nsummer day camp or traveling summer day camp, as such camps are defined\\nin section thirteen hundred ninety-two of the public health law; day\\ncare center worker; school-age child care worker; provider of family or\\ngroup family day care; employee or volunteer in a residential care\\nfacility for children that is licensed, certified or operated by the\\noffice of children and family services; or any other child care or\\nfoster care worker; mental health professional; substance abuse\\ncounselor; alcoholism counselor; all persons credentialed by the office\\nof alcoholism and substance abuse services; employees, who are expected\\nto have regular and substantial contact with children, of a health home\\nor health home care management agency contracting with a health home as\\ndesignated by the department of health and authorized under section\\nthree hundred sixty-five-l of this chapter or such employees who provide\\nhome and community based services under a demonstration program pursuant\\nto section eleven hundred fifteen of the federal social security act who\\nare expected to have regular and substantial contact with children;\\npeace officer; police officer; district attorney or assistant district\\nattorney; investigator employed in the office of a district attorney; or\\nother law enforcement official.\\n (b) Whenever such person is required to report under this title in his\\nor her capacity as a member of the staff of a medical or other public or\\nprivate institution, school, facility or agency, he or she shall make\\nthe report as required by this title and immediately notify the person\\nin charge of such institution, school, facility or agency, or his or her\\ndesignated agent. Such person in charge, or the designated agent of such\\nperson, shall be responsible for all subsequent administration\\nnecessitated by the report. Any report shall include the name, title and\\ncontact information for every staff person of the institution who is\\nbelieved to have direct knowledge of the allegations in the report.\\nNothing in this section or title is intended to require more than one\\nreport from any such institution, school or agency.\\n (c) A medical or other public or private institution, school, facility\\nor agency shall not take any retaliatory personnel action, as such term\\nis defined in paragraph (e) of subdivision one of section seven hundred\\nforty of the labor law, against an employee because such employee\\nbelieves that he or she has reasonable cause to suspect that a child is\\nan abused or maltreated child and that employee therefore makes a report\\nin accordance with this title. No school, school official, child care\\nprovider, foster care provider, residential care facility provider,\\nhospital, medical institution provider or mental health facility\\nprovider shall impose any conditions, including prior approval or prior\\nnotification, upon a member of their staff specifically required to\\nreport under this title. At the time of the making of a report, or at\\nany time thereafter, such person or official may exercise the right to\\nrequest, pursuant to paragraph (A) of subdivision four of section four\\nhundred twenty-two of this title, the findings of an investigation made\\npursuant to this title.\\n (d) Social services workers are required to report or cause a report\\nto be made in accordance with this title when they have reasonable cause\\nto suspect that a child is an abused or maltreated child where a person\\ncomes before them in their professional or official capacity and states\\nfrom personal knowledge facts, conditions or circumstances which, if\\ncorrect, would render the child an abused or maltreated child.\\n 2. Any person, institution, school, facility, agency, organization,\\npartnership or corporation which employs persons mandated to report\\nsuspected incidents of child abuse or maltreatment pursuant to\\nsubdivision one of this section shall provide consistent with section\\nfour hundred twenty-one of this chapter, all such current and new\\nemployees with written information explaining the reporting requirements\\nset out in subdivision one of this section and in sections four hundred\\nfifteen through four hundred twenty of this title. The employers shall\\nbe responsible for the costs associated with printing and distributing\\nthe written information.\\n 3. Any state or local governmental agency or authorized agency which\\nissues a license, certificate or permit to an individual to operate a\\nfamily day care home or group family day care home shall provide each\\nperson currently holding or seeking such a license, certificate or\\npermit with written information explaining the reporting requirements\\nset out in subdivision one of this section and in sections four hundred\\nfifteen through four hundred twenty of this title.\\n 4. Any person, institution, school, facility, agency, organization,\\npartnership or corporation, which employs persons who are mandated to\\nreport suspected incidents of child abuse or maltreatment pursuant to\\nsubdivision one of this section and whose employees, in the normal\\ncourse of their employment, travel to locations where children reside,\\nshall provide, consistent with section four hundred twenty-one of this\\ntitle, all such current and new employees with information on\\nrecognizing the signs of an unlawful methamphetamine laboratory.\\nPursuant to section 19.27 of the mental hygiene law, the office of\\nalcoholism and substance abuse services shall make available to such\\nemployers information on recognizing the signs of unlawful\\nmethamphetamine laboratories.\\n * 5. The office of children and family services shall update training\\nissued to persons and officials required to report cases of suspected\\nchild abuse or maltreatment to include protocols to reduce implicit bias\\nin the decision-making processes, strategies for identifying adverse\\nchildhood experiences as defined in paragraph (c) of subdivision one of\\nsection twenty-d of this chapter, and guidelines to assist in\\nrecognizing signs of abuse or maltreatment while interacting virtually.\\nSuch persons and officials shall have three years from the effective\\ndate of the chapter of the laws of two thousand twenty-one that added\\nthis subdivision to receive such updated mandated reported training.\\n * NB Repealed April 1, 2025\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "414", "title" : "Any person permitted to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "414", "activeDate" : "2014-09-22", "sequenceNo" : 599, "repealedDate" : null, "fromSection" : "414", "toSection" : "414", "text" : " § 414. Any person permitted to report. In addition to those persons\\nand officials required to report suspected child abuse or maltreatment,\\nany person may make such a report if such person has reasonable cause to\\nsuspect that a child is an abused or maltreated child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "415", "title" : "Reporting procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "415", "activeDate" : "2014-09-22", "sequenceNo" : 600, "repealedDate" : null, "fromSection" : "415", "toSection" : "415", "text" : " § 415. Reporting procedure. Reports of suspected child abuse or\\nmaltreatment made pursuant to this title shall be made immediately by\\ntelephone or by telephone facsimile machine on a form supplied by the\\ncommissioner of the office of children and family services. Oral reports\\nshall be followed by a report in writing within forty-eight hours after\\nsuch oral report. Oral reports shall be made to the statewide central\\nregister of child abuse and maltreatment unless the appropriate local\\nplan for the provision of child protective services provides that oral\\nreports should be made to the local child protective service. In those\\nlocalities in which oral reports are made initially to the local child\\nprotective service, the child protective service shall immediately make\\nan oral or electronic report to the statewide central register. Written\\nreports shall be made to the appropriate local child protective service\\nexcept that written reports involving children being cared for in a home\\noperated or supervised by an authorized agency or the office of children\\nand family services shall be made to the statewide central register of\\nchild abuse and maltreatment which shall transmit the reports to the\\nagency responsible for investigating the report, in accordance with\\nsection four hundred twenty-four-b of this title. Written reports shall\\nbe made in a manner prescribed and on forms supplied by the commissioner\\nof the office of children and family services and shall include the\\nfollowing information: the names and addresses of the child and his or\\nher parents or other person responsible for his or her care, if known,\\nand, as the case may be, the name and address of the program in which\\nthe child is receiving care; the child's age, sex and race; the nature\\nand extent of the child's injuries, abuse or maltreatment, including any\\nevidence of prior injuries, abuse or maltreatment to the child or, as\\nthe case may be, his or her siblings; the name of the person or persons\\nalleged to be responsible for causing the injury, abuse or maltreatment,\\nif known; family composition, where appropriate; the source of the\\nreport; the person making the report and where he or she can be reached;\\nthe actions taken by the reporting source, including the taking of\\nphotographs and x-rays, removal or keeping of the child or notifying the\\nmedical examiner or coroner; and any other information which the\\ncommissioner of the office of children and family services may, by\\nregulation, require, or the person making the report believes might be\\nhelpful, in the furtherance of the purposes of this title.\\nNotwithstanding the privileges set forth in article forty-five of the\\ncivil practice law and rules, and any other provision of law to the\\ncontrary, mandated reporters who make a report which initiates an\\ninvestigation of an allegation of child abuse or maltreatment are\\nrequired to comply with all requests for records made by a child\\nprotective service relating to such report, including records relating\\nto diagnosis, prognosis or treatment, and clinical records, of any\\npatient or client that are essential for a full investigation of\\nallegations of child abuse or maltreatment pursuant to this title;\\nprovided, however, that disclosure of substance abuse treatment records\\nshall be made pursuant to the standards and procedures for disclosure of\\nsuch records delineated in federal law. Written reports from persons or\\nofficials required by this title to report shall be admissible in\\nevidence in any proceedings relating to child abuse or maltreatment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "416", "title" : "Obligations of persons required to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "416", "activeDate" : "2014-09-22", "sequenceNo" : 601, "repealedDate" : null, "fromSection" : "416", "toSection" : "416", "text" : " § 416. Obligations of persons required to report. Any person or\\nofficial required to report cases of suspected child abuse and\\nmaltreatment may take or cause to be taken at public expense photographs\\nof the areas of trauma visible on a child who is subject to a report\\nand, if medically indicated, cause to be performed a radiological\\nexamination on the child. Any photographs or x-rays taken shall be sent\\nto the child protective service at the time the written report is sent,\\nor as soon thereafter as possible. Whenever such person is required to\\nreport under this title in his capacity as a member of the staff of a\\nmedical or other public or private institution, school, facility, or\\nagency, he shall immediately notify the person in charge of such\\ninstitution, school, facility or agency, or his designated agent, who\\nshall then take or cause to be taken at public expense color photographs\\nof visible trauma and shall, if medically indicated, cause to be\\nperformed a radiological examination on the child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "417", "title" : "Taking a child into protective custody", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "417", "activeDate" : "2014-09-22", "sequenceNo" : 602, "repealedDate" : null, "fromSection" : "417", "toSection" : "417", "text" : " § 417. Taking a child into protective custody. 1. (a) Pursuant to the\\nrequirements and provisions of the family court act, a peace officer,\\nacting pursuant to his or her special duties, a police officer, a law\\nenforcement official, or a designated employee of a city or county\\ndepartment of social services, or an agent or employee of an Indian\\ntribe that has entered into an agreement with the department pursuant to\\nsection thirty-nine of this chapter to provide child protective services\\nshall take all appropriate measures to protect a child's life and health\\nincluding, when appropriate, taking or keeping a child in protective\\ncustody without the consent of a parent or guardian if such person has\\nreasonable cause to believe that the circumstances or condition of the\\nchild are such that continuing in his or her place of residence or in\\nthe care and custody of the parent, guardian, custodian or other person\\nresponsible for the child's care presents an imminent danger to the\\nchild's life or health.\\n (b) Any physician shall notify the appropriate police authorities or\\nthe local child protective service to take custody of any child such\\nphysician is treating whether or not additional medical treatment is\\nrequired, if such physician has reasonable cause to believe that the\\ncircumstances or condition of the child are such that continuing in his\\nplace of residence or in the care and custody of the parent, guardian,\\ncustodian or other person responsible for the child's care presents an\\nimminent danger to the child's life or health.\\n 2. Notwithstanding any other provision of law, the person in charge of\\nany hospital or similar institution shall, where he has reasonable cause\\nto believe that the circumstances or conditions of the child are such\\nthat continuing in his place of residence or in the care and custody of\\nthe parent, guardian, custodian or other person responsible for the\\nchild's care presents an imminent danger to the child's life or health,\\ntake all necessary measures to protect the child including, where\\nappropriate, retaining custody of an abused or maltreated child, until\\nthe next regular week day session of the family court in which a child\\nprotection proceeding pursuant to article ten of the family court act\\nmay be commenced whether or not additional medical treatment is required\\nduring that period and whether or not a request is made by a parent or\\nguardian for the return of the child during that period. In all cases\\nwhere the person in charge of a hospital or similar institution has\\nretained custody of a child pursuant to this section, he shall\\nimmediately notify the appropriate local child protective service which\\nimmediately shall commence an investigation. In the case of a child in\\nresidential care, the child protective service shall notify the\\nappropriate state agency which shall immediately commence an\\ninvestigation. If no further medical treatment is necessary, the child\\nprotective service shall take all necessary measures to protect a\\nchild's life and health, including when appropriate, taking custody of a\\nchild. Such child protective service shall commence a child protective\\nproceeding in the family court at the next regular week day session of\\nthe appropriate family court or recommend to the court at that time that\\nthe child be returned to his parents or guardian.\\n 3. Whenever a child protective service takes a child into protective\\ncustody and the parent, guardian or custodian of the child is not\\npresent, the service shall immediately notify the local police station\\nclosest to the child's home of such removal, and shall provide them with\\na copy of the notice required pursuant to paragraph (iii) of subdivision\\n(b) of section one thousand twenty-four of the family court act. Upon\\nrequest by the parent, guardian or custodian of the child, the police\\nshall provide such person with a copy of the notice.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "418", "title" : "Mandatory reporting to and post-mortem investigation of deaths by medical examiner or coroner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "418", "activeDate" : "2014-09-22", "sequenceNo" : 603, "repealedDate" : null, "fromSection" : "418", "toSection" : "418", "text" : " § 418. Mandatory reporting to and post-mortem investigation of deaths\\nby medical examiner or coroner. Any person or official required to\\nreport cases of suspected child abuse or maltreatment, including workers\\nof the local child protective service who has reasonable cause to\\nsuspect that a child died as a result of child abuse or maltreatment\\nshall report that fact to the appropriate medical examiner or coroner.\\nThe medical examiner or coroner shall accept the report for\\ninvestigation and shall issue a preliminary written report of his or her\\nfinding within sixty days of the date of death, absent extraordinary\\ncircumstances, and his or her final written report promptly, absent\\nextraordinary circumstances, to the police, the appropriate district\\nattorney, the local child protective service, the office of children and\\nfamily services, and, if the institution making the report is a\\nhospital, the hospital. The office of children and family services shall\\npromptly provide a copy of the preliminary and final reports to the\\nstatewide central register of child abuse and maltreatment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "419", "title" : "Immunity from liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "419", "activeDate" : "2014-09-22", "sequenceNo" : 604, "repealedDate" : null, "fromSection" : "419", "toSection" : "419", "text" : " § 419. Immunity from liability. Any person, official, or institution\\nparticipating in good faith in the providing of a service pursuant to\\nsection four hundred twenty-four of this title, the making of a report,\\nthe taking of photographs, the removal or keeping of a child pursuant to\\nthis title, or the disclosure of child protective services information\\nin compliance with sections twenty, four hundred twenty-two and four\\nhundred twenty-two-a of this chapter shall have immunity from any\\nliability, civil or criminal, that might otherwise result by reason of\\nsuch actions. For the purpose of any proceeding, civil or criminal, the\\ngood faith of any such person, official, or institution required to\\nreport cases of child abuse or maltreatment or providing a service\\npursuant to section four hundred twenty-four or the disclosure of child\\nprotective services information in compliance with sections twenty, four\\nhundred twenty-two and four hundred twenty-two-a of this chapter shall\\nbe presumed, provided such person, official or institution was acting in\\ndischarge of their duties and within the scope of their employment, and\\nthat such liability did not result from the willful misconduct or gross\\nnegligence of such person, official or institution.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "420", "title" : "Penalties for failure to report", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "420", "activeDate" : "2014-09-22", "sequenceNo" : 605, "repealedDate" : null, "fromSection" : "420", "toSection" : "420", "text" : " § 420. Penalties for failure to report. 1. Any person, official or\\ninstitution required by this title to report a case of suspected child\\nabuse or maltreatment who willfully fails to do so shall be guilty of a\\nclass A misdemeanor.\\n 2. Any person, official or institution required by this title to\\nreport a case of suspected child abuse or maltreatment who knowingly and\\nwillfully fails to do so shall be civilly liable for the damages\\nproximately caused by such failure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "421", "title" : "Responsibility of the office", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-07-12", "2020-04-17", "2021-04-23", "2022-04-08", "2023-11-26", "2024-11-22", "2024-11-29", "2025-12-19", "2026-01-30", "2026-02-20" ], "docLevelId" : "421", "activeDate" : "2022-04-08", "sequenceNo" : 606, "repealedDate" : null, "fromSection" : "421", "toSection" : "421", "text" : " § 421. Responsibility of the office. The office shall: 1. in\\nconjunction with local departments, both jointly and individually,\\nwithin the appropriation available, conduct a continuing publicity and\\neducation program for local department staff, persons and officials\\nrequired to report including district attorneys, assistant district\\nattorneys, police officers, peace officers, investigators employed in\\nthe office of a district attorney, and any other appropriate persons to\\nencourage the fullest degree of reporting of suspected child abuse or\\nmaltreatment. Such program shall be developed and implemented in\\ncoordination with those established pursuant to section 31.06 of the\\nmental hygiene law, section twenty-eight hundred five-n of the public\\nhealth law, section thirty-two hundred nine-a of the education law,\\nsections two hundred fourteen-a and eight hundred forty of the executive\\nlaw and article eleven of this chapter. The program shall include but\\nnot be limited to responsibilities, obligations and powers under this\\ntitle and chapter as well as the diagnosis of child abuse and\\nmaltreatment, the procedures of the child protective service, the family\\ncourt and other duly authorized agencies and the prevention, treatment\\nand remediation of abuse and maltreatment of children in residential\\ncare.\\n 2. (a) provide technical assistance to local social services\\ndepartments regarding case planning and provision of services and\\nperformance of other responsibilities pursuant to this title. Such\\nassistance shall be provided on a regular, ongoing basis and shall also\\nbe made available as needed, upon request of any such local department.\\n (b) issue guidelines to assist local social services departments in\\nevaluating and establishing investigative priorities for reports\\ndescribing situations or events which may pose a clear and present\\ndanger to the life, health or safety of a child and which require\\nimmediate, personal contact between the local child protective service\\nand the subject of the report, the subject's family, or any other\\npersons named in the report.\\n (c) issue guidelines to assist local child protective services in the\\ninterpretation and assessment of reports of abuse and maltreatment made\\nto the statewide central register described in section four hundred\\ntwenty-two of this article. Such guidelines shall include information,\\nstandards and criteria for the identification of evidence of alleged\\nabuse and maltreatment as required to determine whether a report may be\\nindicated pursuant to this article. Provided further, the office of\\nchildren and family services shall update such guidelines, standards and\\ncriteria issued to the local child protective services to include\\nprotocols to reduce implicit bias in the decision-making processes,\\nstrategies for identifying adverse childhood experiences as defined in\\nparagraph (c) of subdivision one of section twenty-d of this chapter,\\nand guidelines to assist in recognizing signs of abuse or maltreatment\\nwhile interacting virtually. The office may utilize existing programs or\\nmaterials established pursuant to section twenty-d of this chapter.\\n 3. promulgate regulations setting forth requirements for the\\nperformance by local social services departments of the duties and\\npowers imposed and conferred upon them by the provisions of this title\\nand of article ten of the family court act. Such regulations shall\\nestablish uniform requirements for the investigation of reports of child\\nabuse or maltreatment under this title. The department shall also issue\\nguidelines which shall set forth the circumstances or conditions under\\nwhich:\\n (a) personal contact shall be made with the child named in the report\\nand any other children in the same household, including interviewing\\nsuch child or children absent the subject of the report whenever\\npossible and appropriate;\\n (b) photographs of visible physical injuries or trauma of children who\\nmay be the victims of abuse or maltreatment shall be taken or arranged\\nfor;\\n (c) medical examination of a child who may be a victim of abuse or\\nmaltreatment and documentation of findings of such examination, shall be\\nrequired.\\n The department shall promulgate regulations to establish standards for\\nintervention, criteria for case closings, criteria for determining\\nwhether or not to initiate a child protective proceeding, and criteria\\nfor the formulation of treatment plans and for the delivery of child\\nprotective services including specification of the services to be\\nclassified as child protective services, which shall also apply to any\\nsociety for the prevention of cruelty to children which has entered into\\na currently valid contract with a local department of social services to\\ninvestigate child abuse or maltreatment reports. The department shall\\npromulgate regulations establishing minimum standards and practices for\\nthe delivery of child protective services in connection with monitoring\\nand supervising respondents and their families as ordered by a family\\ncourt pursuant to section ten hundred thirty-nine and paragraphs (i),\\n(iii), (iv) and (v) of subdivision (a) of section ten hundred fifty-two\\nof the family court act. Such regulations shall also require local child\\nprotective services to comply with notification requirements of the\\nfamily court act in connection with such monitoring and supervisory\\nresponsibilities.\\n 4. (a) after consultation with the local child protective services,\\npromulgate regulations relating to staff qualifications for\\nnon-supervisory child protective services workers, prescribing any\\nbaccalaureate or equivalent college degree and/or relevant human service\\nexperience as requirements. Such requirements shall not apply to persons\\ncurrently employed by such child protective services who were hired\\nbefore January first, nineteen hundred eighty-six.\\n (b) after consultation with the local child protective services,\\npromulgate regulations relating to staff qualifications for those\\nassigned to be supervisors of child protective services, prescribing any\\nbaccalaureate or equivalent college degree and/or relevant human\\nservices experience as requirements. Provided, however, that such\\nregulations shall at a minimum provide that those assigned to be\\nsupervisors of child protective services have either a baccalaureate\\ndegree or three years of relevant work experience in a human services\\nfield. Such requirements shall not apply to persons currently assigned\\nto be a child protective services supervisor who were hired before\\nDecember first, two thousand six.\\n 5. (a) directly or through the purchase of services, implement,\\nsubject to the amounts appropriated therefor, an ongoing, statewide\\ntraining program for employees of the department and of each local\\ndepartment of social services employed in the provision and supervision\\nof child protective services or in other activities required in\\naccordance with the provisions of this title.\\n (b) promulgate regulations setting forth training requirements which\\nshall specify, among other things, that all persons hired by a child\\nprotective service on or after April first, nineteen hundred eighty-six\\nshall have satisfactorily completed a course approved by the department\\nwithin the first three months of employment, in the fundamentals of\\nchild protection. Such course shall include at least basic training in\\nthe principles and techniques of investigations, including relationships\\nwith other investigative bodies, legal issues in child protection, and\\nmethods of remediation, diagnosis, treatment and prevention. Such\\nregulations shall also specify that all persons employed by a child\\nprotective service on or after December first, two thousand six shall\\nsatisfactorily complete six hours of annual in service training,\\nbeginning in their second year of employment. Such annual in service\\ntraining shall include, but is not limited to, review of the protocols\\nfor identification and investigation of child abuse and maltreatment,\\nany developments in legal, treatment and prevention issues in child\\nprotection, and review and analysis of field experiences of child\\nprotective services workers.\\n (c) require all persons assigned to be a supervisor by a child\\nprotective service on or after April first, nineteen hundred eighty-six,\\nshall have satisfactorily completed, within the first three months of\\nemployment as a supervisor or within three months of the effective date\\nof this paragraph, whichever shall occur first, a course in the\\nfundamentals of child protection developed by the office of children and\\nfamily services. Such training course shall, among other things,\\nstrengthen and expand current training procedures for child protective\\nservice supervisors; provide the skills, knowledge and standards to\\npractice effective case planning and case management; provide\\ncomprehensive assessment tools needed in critical decision making;\\nrequire participation in the existing next generation training required\\nby child protective service caseworkers; strengthen recognition and\\nresponse to safety and risk indicators; improve skills to promote\\nconsistent implementation of training and practice; provide the\\nnecessary tools and assistance to build the ability to coach and monitor\\nchild protective service caseworkers and model effective investigation\\npractice; increase cultural competency and sensitivity; and establish an\\nannual in service training program specifically focused on child\\nprotective service supervisors.\\n (d) withhold reimbursement, otherwise payable to social services\\ndistricts, for the salaries of employees of child protective services\\nwho do not comply with the background review, educational, experience or\\ntraining requirements of this title.\\n 6. promulgate regulations which require social services districts to\\nmake local procedural manuals and service directories available to\\nemployees of a child protective service, service providers and other\\nprofessionals involved in the prevention of child abuse and\\nmaltreatment.\\n 7. take all reasonable and necessary actions to assure that the local\\ndepartments of social services are kept apprised on a current basis of\\nthe laws, regulations and policies of the department concerning child\\nabuse and maltreatment.\\n 8. monitor and supervise the performance of the local departments of\\nsocial services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "422", "title" : "Statewide central register of child abuse and maltreatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2014-09-26", "2015-04-24", "2015-11-27", "2016-01-22", "2016-03-25", "2016-05-27", "2019-04-19", "2019-07-05", "2019-09-06", "2020-04-17", "2020-05-01", "2021-04-09", "2021-04-23", "2022-01-07", "2022-04-08", "2025-12-26", "2026-01-30", "2026-02-27", "2026-06-19" ], "docLevelId" : "422", "activeDate" : "2022-04-08", "sequenceNo" : 607, "repealedDate" : null, "fromSection" : "422", "toSection" : "422", "text" : " § 422. Statewide central register of child abuse and maltreatment. 1.\\nThere shall be established in the office of children and family services\\na statewide central register of child abuse and maltreatment reports\\nmade pursuant to this title.\\n 2. (a) The central register shall be capable of receiving telephone\\ncalls alleging child abuse or maltreatment and of immediately\\nidentifying prior reports of child abuse or maltreatment and capable of\\nmonitoring the provision of child protective service twenty-four hours a\\nday, seven days a week. To effectuate this purpose, but subject to the\\nprovisions of the appropriate local plan for the provision of child\\nprotective services, there shall be a single statewide telephone number\\nthat all persons, whether mandated by the law or not, may use to make\\ntelephone calls alleging child abuse or maltreatment and that all\\npersons so authorized by this title may use for determining the\\nexistence of prior reports in order to evaluate the condition or\\ncircumstances of a child. In addition to the single statewide telephone\\nnumber, there shall be a special unlisted express telephone number and a\\ntelephone facsimile number for use only by persons mandated by law to\\nmake telephone calls, or to transmit telephone facsimile information on\\na form provided by the commissioner of children and family services,\\nalleging child abuse or maltreatment, and for use by all persons so\\nauthorized by this title for determining the existence of prior reports\\nin order to evaluate the condition or circumstances of a child. When any\\nallegations contained in such telephone calls could reasonably\\nconstitute a report of child abuse or maltreatment, after utilizing\\nprotocols that would reduce implicit bias from the decision-making\\nprocess, such allegations and any previous reports to the central\\nregistry involving the subject of such report or children named in such\\nreport, including any previous report containing allegations of child\\nabuse and maltreatment alleged to have occurred in other counties and\\ndistricts in New York state shall be immediately transmitted orally or\\nelectronically by the office of children and family services to the\\nappropriate local child protective service for investigation. The\\ninability of the person calling the register to identify the alleged\\nperpetrator shall, in no circumstance, constitute the sole cause for the\\nregister to reject such allegation or fail to transmit such allegation\\nfor investigation. If the records indicate a previous report concerning\\na subject of the report, the child alleged to be abused or maltreated, a\\nsibling, other children in the household, other persons named in the\\nreport or other pertinent information, the appropriate local child\\nprotective service shall be immediately notified of the fact. If the\\nreport involves either (i) an allegation of an abused child described in\\nparagraph (i), (ii) or (iii) of subdivision (e) of section one thousand\\ntwelve of the family court act or sexual abuse of a child or the death\\nof a child or (ii) suspected maltreatment which alleges any physical\\nharm when the report is made by a person required to report pursuant to\\nsection four hundred thirteen of this title within six months of any\\nother two reports that were indicated, or may still be pending,\\ninvolving the same child, sibling, or other children in the household or\\nthe subject of the report, the office of children and family services\\nshall identify the report as such and note any prior reports when\\ntransmitting the report to the local child protective services for\\ninvestigation.\\n (b) Any telephone call made by a person required to report cases of\\nsuspected child abuse or maltreatment pursuant to section four hundred\\nthirteen of this chapter containing allegations, which if true would\\nconstitute child abuse or maltreatment shall constitute a report and\\nshall be immediately transmitted orally or electronically by the\\ndepartment to the appropriate local child protective service for\\ninvestigation.\\n (c) Whenever a telephone call to the statewide central register\\ndescribed in this section is received by the department, and the\\ndepartment finds that the person allegedly responsible for abuse or\\nmaltreatment of a child cannot be a subject of a report as defined in\\nsubdivision four of section four hundred twelve of this chapter, but\\nbelieves that the alleged acts or circumstances against a child\\ndescribed in the telephone call may constitute a crime or an immediate\\nthreat to the child's health or safety, the department shall convey by\\nthe most expedient means available the information contained in such\\ntelephone call to the appropriate law enforcement agency, district\\nattorney or other public official empowered to provide necessary aid or\\nassistance.\\n 3. The central register shall include but not be limited to the\\nfollowing information: all the information in the written report; a\\nrecord of the final disposition of the report, including services\\noffered and services accepted; the plan for rehabilitative treatment;\\nthe names and identifying data, dates and circumstances of any person\\nrequesting or receiving information from the register; and any other\\ninformation which the commissioner believes might be helpful in the\\nfurtherance of the purposes of this chapter.\\n 4. (A) Reports made pursuant to this title as well as any other\\ninformation obtained, reports written or photographs taken concerning\\nsuch reports in the possession of the office or local departments shall\\nbe confidential and shall only be made available to:\\n (a) a physician who has before him or her a child whom he or she\\nreasonably suspects may be abused or maltreated;\\n (b) a person authorized to place a child in protective custody when\\nsuch person has before him or her a child whom he or she reasonably\\nsuspects may be abused or maltreated and such person requires the\\ninformation in the record to determine whether to place the child in\\nprotective custody;\\n (c) a duly authorized agency having the responsibility for the care or\\nsupervision of a child who is reported to the central register of abuse\\nand maltreatment;\\n (d) any person who is the subject of the report or other persons named\\nin the report;\\n (e) a court, upon a finding that the information in the record is\\nnecessary for the determination of an issue before the court;\\n (f) a grand jury, upon a finding that the information in the record is\\nnecessary for the determination of charges before the grand jury;\\n (g) any appropriate state legislative committee responsible for child\\nprotective legislation;\\n (h) any person engaged in a bona fide research purpose provided,\\nhowever, that no information identifying the subjects of the report or\\nother persons named in the report shall be made available to the\\nresearcher unless it is absolutely essential to the research purpose and\\nthe department gives prior approval;\\n (i) a provider agency as defined by subdivision three of section four\\nhundred twenty-four-a of this chapter, or a licensing agency as defined\\nby subdivision four of section four hundred twenty-four-a of this\\nchapter, subject to the provisions of such section;\\n (j) the justice center for the protection of people with special needs\\nor a delegate investigatory entity in connection with an investigation\\nbeing conducted under article eleven of this chapter;\\n (k) a probation service conducting an investigation pursuant to\\narticle three or seven or section six hundred fifty-three of the family\\ncourt act where there is reason to suspect the child or the child's\\nsibling may have been abused or maltreated and such child or sibling,\\nparent, guardian or other person legally responsible for the child is a\\nperson named in an indicated report of child abuse or maltreatment and\\nthat such information is necessary for the making of a determination or\\nrecommendation to the court; or a probation service regarding a person\\nabout whom it is conducting an investigation pursuant to article three\\nhundred ninety of the criminal procedure law, or a probation service or\\nthe department of corrections and community supervision regarding a\\nperson to whom the service or department is providing supervision\\npursuant to article sixty of the penal law or article eight of the\\ncorrection law, where the subject of investigation or supervision has\\nbeen convicted of a felony under article one hundred twenty, one hundred\\ntwenty-five or one hundred thirty-five of the penal law or any felony or\\nmisdemeanor under article one hundred thirty, two hundred thirty-five,\\ntwo hundred forty-five, two hundred sixty or two hundred sixty-three of\\nthe penal law, or has been indicted for any such felony and, as a\\nresult, has been convicted of a crime under the penal law, where the\\nservice or department requests the information upon a certification that\\nsuch information is necessary to conduct its investigation, that there\\nis reasonable cause to believe that the subject of an investigation is\\nthe subject of an indicated report and that there is reasonable cause to\\nbelieve that such records are necessary to the investigation by the\\nprobation service or the department, provided, however, that only\\nindicated reports shall be furnished pursuant to this subdivision;\\n (l) a criminal justice agency, which for the purposes of this\\nsubdivision shall mean a district attorney, an assistant district\\nattorney or an investigator employed in the office of a district\\nattorney; a sworn officer of the division of state police, of the\\nregional state park police, of a county department of parks, of a city\\npolice department, or of a county, town or village police department or\\ncounty sheriff's office or department; or an Indian police officer,\\nwhen:\\n (i) such criminal justice agency requests such information stating\\nthat such information is necessary to conduct a criminal investigation\\nor criminal prosecution of a person, that there is reasonable cause to\\nbelieve that such person is the subject of a report, and that it is\\nreasonable to believe that due to the nature of the crime under\\ninvestigation or prosecution, such person is the subject of a report,\\nand that it is reasonable to believe that due to that nature of the\\ncrime under investigation or prosecution, such records may be related to\\nthe criminal investigation or prosecution; or\\n (ii) such criminal justice agency requests such information stating\\nthat: such agency is conducting an investigation of a missing child;\\nsuch agency has reason to suspect such child's parent, guardian or other\\nperson legally responsible for such child is or may be the subject of a\\nreport, or, such child or such child's sibling is or may be another\\nperson named in a report of child abuse or maltreatment and that any\\nsuch information is or may be needed to further such investigation;\\n (m) the New York city department of investigation provided however,\\nthat no information identifying the subjects of the report or other\\npersons named in the report shall be made available to the department of\\ninvestigation unless such information is essential to an investigation\\nwithin the legal authority of the department of investigation and the\\nstate department of social services gives prior approval;\\n (n) chief executive officers of authorized agencies, directors of day\\ncare centers and directors of facilities operated or supervised by the\\ndepartment of education, the office of children and family services, the\\noffice of mental health or the office for people with developmental\\ndisabilities, in connection with a disciplinary investigation, action,\\nor administrative or judicial proceeding instituted by any of such\\nofficers or directors against an employee of any such agency, center or\\nfacility who is the subject of an indicated report when the incident of\\nabuse or maltreatment contained in the report occurred in the agency,\\ncenter, facility or program, and the purpose of such proceeding is to\\ndetermine whether the employee should be retained or discharged;\\nprovided, however, a person given access to information pursuant to this\\nsubparagraph shall, notwithstanding any inconsistent provision of law,\\nbe authorized to redisclose such information only if the purpose of such\\nredisclosure is to initiate or present evidence in a disciplinary,\\nadministrative or judicial proceeding concerning the continued\\nemployment or the terms of employment of an employee of such agency,\\ncenter or facility who has been named as a subject of an indicated\\nreport and, in addition, a person or agency given access to information\\npursuant to this subparagraph shall also be given information not\\notherwise provided concerning the subject of an indicated report where\\nthe commission of an act or acts by such subject has been determined in\\nproceedings pursuant to article ten of the family court act to\\nconstitute abuse or neglect;\\n (o) a provider or coordinator of services to which a child protective\\nservice or social services district has referred a child or a child's\\nfamily or to whom the child or the child's family have referred\\nthemselves at the request of the child protective service or social\\nservices district, where said child is reported to the register when the\\nrecords, reports or other information are necessary to enable the\\nprovider or coordinator to establish and implement a plan of service for\\nthe child or the child's family, or to monitor the provision and\\ncoordination of services and the circumstances of the child and the\\nchild's family, or to directly provide services; provided, however, that\\na provider of services may include appropriate health care or school\\ndistrict personnel, as such terms shall be defined by the department;\\nprovided however, a provider or coordinator of services given access to\\ninformation concerning a child pursuant to this subparagraph (o) shall,\\nnotwithstanding any inconsistent provision of law, be authorized to\\nredisclose such information to other persons or agencies which also\\nprovide services to the child or the child's family only if the\\nconsolidated services plan prepared and approved pursuant to section\\nthirty-four-a of this chapter describes the agreement that has been or\\nwill be reached between the provider or coordinator of service and the\\nlocal district. An agreement entered into pursuant to this subparagraph\\nshall include the specific agencies and categories of individuals to\\nwhom redisclosure by the provider or coordinator of services is\\nauthorized. Persons or agencies given access to information pursuant to\\nthis subparagraph may exchange such information in order to facilitate\\nthe provision or coordination of services to the child or the child's\\nfamily;\\n (p) a disinterested person making an investigation pursuant to section\\none hundred sixteen of the domestic relations law, provided that such\\ndisinterested person shall only make this information available to the\\njudge before whom the adoption proceeding is pending;\\n (s) a child protective service of another state when such service\\ncertifies that the records and reports are necessary in order to conduct\\na child abuse or maltreatment investigation within its jurisdiction of\\nthe subject of the report and shall be used only for purposes of\\nconducting such investigation and will not be redisclosed to any other\\nperson or agency;\\n (t) an attorney for a child, appointed pursuant to the provisions of\\nsection one thousand sixteen of the family court act, at any time such\\nappointment is in effect, in relation to any report in which the\\nrespondent in the proceeding in which the attorney for a child has been\\nappointed is the subject or another person named in the report, pursuant\\nto sections one thousand thirty-nine-a and one thousand fifty-two-a of\\nthe family court act;\\n (u) a child care resource and referral program subject to the\\nprovisions of subdivision six of section four hundred twenty-four-a of\\nthis title;\\n (v)(i) officers and employees of the state comptroller or of the city\\ncomptroller of the city of New York, or of the county officer designated\\nby law or charter to perform the auditing function in any county not\\nwholly contained within a city, for purposes of a duly authorized\\nperformance audit, provided that such comptroller shall have certified\\nto the keeper of such records that he or she has instituted procedures\\ndeveloped in consultation with the department to limit access to\\nclient-identifiable information to persons requiring such information\\nfor purposes of the audit and that appropriate controls and prohibitions\\nare imposed on the dissemination of client-identifiable information\\ncontained in the conduct of the audit. Information pertaining to the\\nsubstance or content of any psychological, psychiatric, therapeutic,\\nclinical or medical reports, evaluations or like materials or\\ninformation pertaining to such child or the child's family shall not be\\nmade available to such officers and employees unless disclosure of such\\ninformation is absolutely essential to the specific audit activity and\\nthe department gives prior written approval.\\n (ii) any failure to maintain the confidentiality of\\nclient-identifiable information shall subject such comptroller or\\nofficer to denial of any further access to records until such time as\\nthe audit agency has reviewed its procedures concerning controls and\\nprohibitions imposed on the dissemination of such information and has\\ntaken all reasonable and appropriate steps to eliminate such lapses in\\nmaintaining confidentiality to the satisfaction of the office of\\nchildren and family services. The office of children and family services\\nshall establish the grounds for denial of access to records contained\\nunder this section and shall recommend as necessary a plan of\\nremediation to the audit agency. Except as provided in this section,\\nnothing in this subparagraph shall be construed as limiting the powers\\nof such comptroller or officer to access records which he or she is\\notherwise authorized to audit or obtain under any other applicable\\nprovision of law. Any person given access to information pursuant to\\nthis subparagraph who releases data or information to persons or\\nagencies not authorized to receive such information shall be guilty of a\\nclass A misdemeanor;\\n (w) members of a local or regional fatality review team approved by\\nthe office of children and family services in accordance with section\\nfour hundred twenty-two-b of this title;\\n (x) members of a local or regional multidisciplinary investigative\\nteam as established pursuant to subdivision six of section four hundred\\ntwenty-three of this title;\\n (y) members of a citizen review panel as established pursuant to\\nsection three hundred seventy-one-b of this article; provided, however,\\nmembers of a citizen review panel shall not disclose to any person or\\ngovernment official any identifying information which the panel has been\\nprovided and shall not make public other information unless otherwise\\nauthorized by statute;\\n (z) an entity with appropriate legal authority in another state to\\nlicense, certify or otherwise approve prospective foster parents,\\nprospective adoptive parents, prospective relative guardians,\\nprospective successor guardians or child care program where disclosure\\nof information regarding such prospective foster or prospective adoptive\\nparents or prospective relative or prospective successor guardians and\\nother persons over the age of eighteen residing in the home of such\\npersons or where child care is provided, as required under either title\\nIV-E of the federal social security act or the federal child care and\\ndevelopment block grant act (section nine thousand eight hundred\\nfifty-eight, et seq. of title forty-two of the United States Code); and\\n (aa) a social services official who is investigating whether an adult\\nis in need of protective services in accordance with the provisions of\\nsection four hundred seventy-three of this chapter, when such official\\nhas reasonable cause to believe such adult may be in need of protective\\nservices due to the conduct of an individual or individuals who had\\naccess to such adult when such adult was a child and that such reports\\nand information are needed to further the present investigation.\\n (bb) an entity with appropriate legal authority in another state to\\nlicense, certify or otherwise approve residential programs for foster\\nchildren where disclosure of information regarding any prospective or\\ncurrent employee of such program is required by paragraph twenty of\\nsubdivision (a) of section six hundred seventy-one of title forty-two of\\nthe United States code.\\n After a child, other than a child in residential care, who is reported\\nto the central register of abuse or maltreatment reaches the age of\\neighteen years, access to a child's record under subparagraphs (a) and\\n(b) of this paragraph shall be permitted only if a sibling or off-spring\\nof such child is before such person and is a suspected victim of child\\nabuse or maltreatment. In addition, a person or official required to\\nmake a report of suspected child abuse or maltreatment pursuant to\\nsection four hundred thirteen of this chapter shall receive, upon\\nrequest, the findings of an investigation made pursuant to this title.\\nHowever, no information may be released unless the person or official's\\nidentity is confirmed by the office. If the request for such information\\nis made prior to the completion of an investigation of a report, the\\nreleased information shall be limited to whether the report is\\n\"indicated\", \"unfounded\" or \"under investigation\", whichever the case\\nmay be. If the request for such information is made after the completion\\nof an investigation of a report, the released information shall be\\nlimited to whether the report is \"indicated\" or \"unfounded\", whichever\\nthe case may be. A person given access to the names or other information\\nidentifying the subjects of the report, or other persons named in the\\nreport, except the subject of the report or other persons named in the\\nreport, shall not divulge or make public such identifying information\\nunless he or she is a district attorney or other law enforcement\\nofficial and the purpose is to initiate court action or the disclosure\\nis necessary in connection with the investigation or prosecution of the\\nsubject of the report for a crime alleged to have been committed by the\\nsubject against another person named in the report. Nothing in this\\nsection shall be construed to permit any release, disclosure or\\nidentification of the names or identifying descriptions of persons who\\nhave reported suspected child abuse or maltreatment to the statewide\\ncentral register or the agency, institution, organization, program or\\nother entity where such persons are employed or the agency, institution,\\norganization or program with which they are associated without such\\npersons' written permission except to persons, officials, and agencies\\nenumerated in subparagraphs (e), (f), (h), (j), (l), (m) and (v) of this\\nparagraph.\\n To the extent that persons or agencies are given access to information\\npursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m), (o) and (q)\\nof this paragraph, such persons or agencies may give and receive such\\ninformation to each other in order to facilitate an investigation\\nconducted by such persons or agencies.\\n (B) Notwithstanding any inconsistent provision of law to the contrary,\\na city or county social services commissioner may withhold, in whole or\\nin part, the release of any information which he or she is authorized to\\nmake available to persons or agencies identified in subparagraphs (a),\\n(k), (l), (m), (n), (o), (p) and (q) of paragraph (A) of this\\nsubdivision if such commissioner determines that such information is not\\nrelated to the purposes for which such information is requested or when\\nsuch disclosure will be detrimental to the child named in the report.\\n (C) A city or county social services commissioner who denies access by\\npersons or agencies identified in subparagraphs (a), (k), (l), (m), (n),\\n(o), (p) and (q) of paragraph (A) of this subdivision to records,\\nreports or other information or parts thereof maintained by such\\ncommissioner in accordance with this title shall, within ten days from\\nthe date of receipt of the request fully explain in writing to the\\nperson requesting the records, reports or other information the reasons\\nfor the denial.\\n (D) A person or agency identified in subparagraphs (a), (k), (l), (m),\\n(n), (o), (p) and (q) of paragraph (A) of this subdivision who is denied\\naccess to records, reports or other information or parts thereof\\nmaintained by a local department pursuant to this title may bring a\\nproceeding for review of such denial pursuant to article seventy-eight\\nof the civil practice law and rules.\\n 5. (a) Unless an investigation of a report conducted pursuant to this\\ntitle that is commenced on or before December thirty-first, two thousand\\ntwenty-one determines that there is some credible evidence of the\\nalleged abuse or maltreatment or unless an investigation of a report\\nconducted pursuant to this title that is commenced on or after January\\nfirst, two thousand twenty-two determines that there is a fair\\npreponderance of the evidence that the alleged abuse or maltreatment\\noccurred, all information identifying the subjects of the report and\\nother persons named in the report shall be legally sealed forthwith by\\nthe central register and any local child protective services which\\ninvestigated the report. Such unfounded reports may only be unsealed and\\nmade available:\\n (i) to the office of children and family services for the purpose of\\nsupervising a social services district;\\n (ii) to the office of children and family services and local or\\nregional fatality review team members for the purpose of preparing a\\nfatality report pursuant to section twenty or four hundred twenty-two-b\\nof this chapter;\\n (iii) to a local child protective service, the office of children and\\nfamily services, or all members of a local or regional multidisciplinary\\ninvestigative team or the justice center for the protection of people\\nwith special needs when investigating a subsequent report of suspected\\nabuse, neglect or maltreatment involving a subject of the unfounded\\nreport, a child named in the unfounded report, or a child's sibling\\nnamed in the unfounded report pursuant to this article or article eleven\\nof this chapter;\\n (iv) to the subject of the report; and\\n (v) to a district attorney, an assistant district attorney, an\\ninvestigator employed in the office of a district attorney, or to a\\nsworn officer of the division of state police, of a city, county, town\\nor village police department or of a county sheriff's office when such\\nofficial verifies that the report is necessary to conduct an active\\ninvestigation or prosecution of a violation of subdivision four of\\nsection 240.50 of the penal law.\\n (b) Persons given access to unfounded reports pursuant to subparagraph\\n(v) of paragraph (a) of this subdivision shall not redisclose such\\nreports except as necessary to conduct such appropriate investigation or\\nprosecution and shall request of the court that any copies of such\\nreports produced in any court proceeding be redacted to remove the names\\nof the subjects and other persons named in the reports or that the court\\nissue an order protecting the names of the subjects and other persons\\nnamed in the reports from public disclosure. The local child protective\\nservice or state agency shall not indicate the subsequent report solely\\nbased upon the existence of the prior unfounded report or reports.\\nNotwithstanding section four hundred fifteen of this title, section one\\nthousand forty-six of the family court act, or, except as set forth\\nherein, any other provision of law to the contrary, an unfounded report\\nshall not be admissible in any judicial or administrative proceeding or\\naction; provided, however, an unfounded report may be introduced into\\nevidence: (i) by the subject of the report where such subject is a\\nrespondent in a proceeding under article ten of the family court act or\\nis a plaintiff or petitioner in a civil action or proceeding alleging\\nthe false reporting of child abuse or maltreatment; or (ii) in a\\ncriminal court for the purpose of prosecuting a violation of subdivision\\nfour of section 240.50 of the penal law. Legally sealed unfounded\\nreports shall be expunged ten years after the receipt of the report.\\n (c) Notwithstanding any other provision of law, the office of children\\nand family services may, in its discretion, grant a request to expunge\\nan unfounded report where: (i) the source of the report was convicted of\\na violation of subdivision three of section 240.55 of the penal law in\\nregard to such report; or (ii) the subject of the report presents clear\\nand convincing evidence that affirmatively refutes the allegation of\\nabuse or maltreatment; provided however, that the absence of a fair\\npreponderance of the evidence supporting the allegation of abuse or\\nmaltreatment shall not be the sole basis to expunge the report. Nothing\\nin this paragraph shall require the office of children and family\\nservices to hold an administrative hearing in deciding whether to\\nexpunge a report. Such office shall make its determination upon\\nreviewing the written evidence submitted by the subject of the report\\nand any records or information obtained from the state or local agency\\nwhich investigated the allegations of abuse or maltreatment.\\n 5-a. Upon notification from a local social services district, that a\\nreport is part of the family assessment and services track pursuant to\\nsubparagraph (i) of paragraph (c) of subdivision four of section four\\nhundred twenty-seven-a of this title, the central register shall\\nforthwith identify the report as an assessment track case and legally\\nseal such report. Access to reports assigned to, and records created\\nunder the family assessment and services track and information\\nconcerning such reports and records is governed by paragraph (d) of\\nsubdivision five of section four hundred twenty-seven-a of this title.\\n 6. In all other cases, the record of the report to the statewide\\ncentral register shall be expunged ten years after the eighteenth\\nbirthday of the youngest child named in the report. In the case of a\\nchild in residential care the record of the report to the statewide\\ncentral register shall be expunged ten years after the reported child's\\neighteenth birthday. In any case and at any time, the commissioner of\\nthe office of children and family services may amend any record upon\\ngood cause shown and notice to the subjects of the report and other\\npersons named in the report. Provided however, any report indicated for\\nmaltreatment based solely on the purchase, possession or consumption of\\ncannabis, without a showing that the child's physical, mental or\\nemotional condition was impaired or was in imminent danger of becoming\\nimpaired in accordance with the definition of child maltreatment as\\nprovided for in section four hundred twelve of this title is established\\nby a fair preponderance of the evidence shall immediately be sealed upon\\na request pursuant to subdivision eight of this section or section four\\nhundred twenty-four-a of this title.\\n 7. At any time, a subject of a report and other persons named in the\\nreport may receive, upon request, a copy of all information contained in\\nthe central register; provided, however, that the commissioner is\\nauthorized to prohibit the release of data that would identify the\\nperson who made the report or who cooperated in a subsequent\\ninvestigation or the agency, institution, organization, program or other\\nentity where such person is employed or with which he is associated,\\nwhich he reasonably finds will be detrimental to the safety or interests\\nof such person.\\n 8. (a) (i) At any time subsequent to the completion of the\\ninvestigation but in no event later than ninety days after the subject\\nof the report is notified that the report is indicated the subject may\\nrequest the commissioner to amend the record of the report. If the\\ncommissioner does not amend the report in accordance with such request\\nwithin ninety days of receiving the request, the subject shall have the\\nright to a fair hearing, held in accordance with paragraph (b) of this\\nsubdivision, to determine whether the record of the report in the\\ncentral register should be amended on the grounds that it is inaccurate\\nor it is being maintained in a manner inconsistent with this title.\\n (ii) Upon receipt of a request to amend the record of a child abuse\\nand maltreatment report the office of children and family services shall\\nimmediately send a written request to the child protective service which\\nwas responsible for investigating the allegations of abuse or\\nmaltreatment for all records, reports and other information maintained\\nby the service pertaining to such indicated report. Where a proceeding\\npursuant to article ten of the family court act based on the same\\nallegations that were indicated is pending, the request to amend shall\\nbe stayed until the disposition of such family court proceeding. The\\nservice shall as expeditiously as possible but within no more than\\ntwenty working days of receiving such request, forward all records,\\nreports and other information it maintains on such indicated report to\\nthe office of children and family services, including a copy of any\\npetition or court order based on the allegations that were indicated.\\nUnless such request to amend has been stayed, the office of children and\\nfamily services shall as expeditiously as possible but within no more\\nthan fifteen working days of receiving such materials from the child\\nprotective service or state agency, review all such materials in its\\npossession concerning the indicated report and determine, after\\naffording such service a reasonable opportunity to present its views,\\nwhether there is a fair preponderance of the evidence to find that the\\nsubject committed the act or acts of child abuse or maltreatment giving\\nrise to the indicated report and whether, based on guidelines developed\\nby the office of children and family services pursuant to subdivision\\nfive of section four hundred twenty-four-a of this title, such act or\\nacts could be relevant and reasonably related to employment of the\\nsubject of the report by a provider agency, as defined by subdivision\\nthree of section four hundred twenty-four-a of this title, or relevant\\nand reasonably related to the subject of the report being allowed to\\nhave regular and substantial contact with children who are cared for by\\na provider agency, or relevant and reasonably related to the approval or\\ndisapproval of an application submitted by the subject of the report to\\na licensing agency, as defined by subdivision four of section four\\nhundred twenty-four-a of this title.\\n (iii) If it is determined at the review held pursuant to this\\nparagraph that there is not a fair preponderance of the evidence in the\\nrecord to find that the subject committed an act or acts of child abuse\\nor maltreatment, the office of children and family services shall amend\\nthe record to indicate that the report is \"unfounded\" and notify the\\nsubject forthwith.\\n (iv) If it is determined at the review held pursuant to this paragraph\\nthat there is a fair preponderance of the evidence in the record to find\\nthat the subject committed such act or acts but that such act or acts\\ncould not be relevant and reasonably related to the employment of the\\nsubject by a provider agency or to the subject being allowed to have\\nregular and substantial contact with children who are cared for by a\\nprovider agency or the approval or disapproval of an application which\\ncould be submitted by the subject to a licensing agency, the office of\\nchildren and family services shall be precluded from informing a\\nprovider or licensing agency which makes an inquiry to such office\\npursuant to the provisions of section four hundred twenty-four-a of this\\ntitle concerning the subject that the person about whom the inquiry is\\nmade is the subject of an indicated report of child abuse or\\nmaltreatment. The office of children and family services shall notify\\nforthwith the subject of the report of such determinations and that a\\nfair hearing has been scheduled pursuant to paragraph (b) of this\\nsubdivision. The sole issue at such hearing shall be whether the subject\\nhas been shown by a fair preponderance of the evidence to have committed\\nthe act or acts of child abuse or maltreatment giving rise to the\\nindicated report.\\n (v) If it is determined at the review held pursuant to this paragraph\\nthat there is a fair preponderance of the evidence in the record to\\nprove that the subject committed an act or acts of child abuse or\\nmaltreatment and that such act or acts could be relevant and reasonably\\nrelated to the employment of the subject by a provider agency or to the\\nsubject being allowed to have regular and substantial contact with\\nchildren cared for by a provider agency or the approval or disapproval\\nof an application which could be submitted by the subject to a licensing\\nagency, the office of children and family services shall notify\\nforthwith the subject of the report of such determinations and that a\\nfair hearing has been scheduled pursuant to paragraph (b) of this\\nsubdivision.\\n (b) (i) If the department, within ninety days of receiving a request\\nfrom the subject that the record of a report be amended, does not amend\\nthe record in accordance with such request, the department shall\\nschedule a fair hearing and shall provide notice of the scheduled\\nhearing date to the subject, the statewide central register and, as\\nappropriate, to the child protective service or the state agency which\\ninvestigated the report.\\n (ii) The burden of proof in such a hearing shall be on the child\\nprotective service which investigated the report. In such a hearing,\\nwhere a family court proceeding pursuant to article ten of the family\\ncourt act has occurred and where the petition for such proceeding\\nalleges that a respondent in that proceeding committed abuse or neglect\\nagainst the subject child in regard to an allegation contained in a\\nreport indicated pursuant to this section: (A) where the court finds\\nthat such respondent did commit abuse or neglect there shall be an\\nirrebuttable presumption in a fair hearing held pursuant to this\\nsubdivision that said allegation is substantiated by a fair\\npreponderance of the evidence as to that respondent on that allegation;\\nand (B) where such child protective service withdraws such petition with\\nprejudice, where the family court dismisses such petition, or where the\\nfamily court finds on the merits in favor of the respondent, there shall\\nbe an irrebuttable presumption in a fair hearing held pursuant to this\\nsubdivision that said allegation as to that respondent has not been\\nproven by a fair preponderance of the evidence.\\n (c) (i) If it is determined at the fair hearing that there is not a\\nfair preponderance of the evidence in the record to find that the\\nsubject committed an act or acts of child abuse or maltreatment, the\\noffice of children and family services shall amend the record to reflect\\nthat such a finding was made at the administrative hearing, order any\\nchild protective service which investigated the report to similarly\\namend its records of the report, and shall notify the subject forthwith\\nof the determination.\\n (ii) Upon a determination made at a fair hearing scheduled pursuant to\\nthe provisions of subparagraph (v) of paragraph (a) of this subdivision\\nthat the subject has been shown by a fair preponderance of the evidence\\nto have committed the act or acts of child abuse or maltreatment giving\\nrise to the indicated report, the hearing officer shall determine, based\\non guidelines developed by the office of children and family services\\npursuant to subdivision five of section four hundred twenty-four-a of\\nthis title, whether such act or acts are relevant and reasonably related\\nto employment of the subject by a provider agency, as defined by\\nsubdivision three of section four hundred twenty-four-a of this title,\\nor relevant and reasonably related to the subject being allowed to have\\nregular and substantial contact with children who are cared for by a\\nprovider agency or relevant and reasonably related to the approval or\\ndisapproval of an application submitted by the subject to a licensing\\nagency, as defined by subdivision four of section four hundred\\ntwenty-four-a of this title.\\n Upon a determination made at a fair hearing that the act or acts of\\nabuse or maltreatment are relevant and reasonably related to employment\\nof the subject by a provider agency or the subject being allowed to have\\nregular and substantial contact with children who are cared for by a\\nprovider agency or the approval or denial of an application submitted by\\nthe subject to a licensing agency, the office of children and family\\nservices shall notify the subject forthwith. The office of children and\\nfamily services shall inform a provider or licensing agency which makes\\nan inquiry to such office pursuant to the provisions of section four\\nhundred twenty-four-a of this title concerning the subject that the\\nperson about whom the inquiry is made is the subject of an indicated\\nchild abuse or maltreatment report.\\n The failure to determine at the fair hearing that the act or acts of\\nabuse and maltreatment are relevant and reasonably related to the\\nemployment of the subject by a provider agency or to the subject being\\nallowed to have regular and substantial contact with children who are\\ncared for by a provider agency or the approval or denial of an\\napplication submitted by the subject to a licensing agency shall\\npreclude the office of children and family services from informing a\\nprovider or licensing agency which makes an inquiry to such office\\npursuant to the provisions of section four hundred twenty-four-a of this\\ntitle concerning the subject that the person about whom the inquiry is\\nmade is the subject of an indicated child abuse or maltreatment report.\\n (d) The commissioner or his or her designated agent is hereby\\nauthorized and empowered to make any appropriate order respecting the\\namendment of a record to make it accurate or consistent with the\\nrequirements of this title.\\n (e) Should the office of children and family services grant the\\nrequest of the subject of the report pursuant to this subdivision either\\nthrough an administrative review or fair hearing to amend an indicated\\nreport to an unfounded report, such report shall be legally sealed and\\nshall be released and expunged in accordance with the standards set\\nforth in subdivision five of this section.\\n 9. Written notice of any expungement or amendment of any record, made\\npursuant to the provisions of this title, shall be served forthwith upon\\neach subject of such record, other persons named in the report, the\\ncommissioner, and, as appropriate, the applicable local child protective\\nservice, the justice center for the protection of people with special\\nneeds, department of education, office of mental health, office for\\npeople with developmental disabilities, the local social services\\ncommissioner or school district placing the child, any attorney for the\\nchild appointed to represent the child whose appointment has been\\ncontinued by a family court judge during the term of a child's\\nplacement, and the director or operator of a residential care facility\\nor program. The local child protective service or the state agency which\\ninvestigated the report, upon receipt of such notice, shall take the\\nappropriate similar action in regard to its child abuse and maltreatment\\nregister and records and inform, for the same purpose, any other agency\\nwhich received such record.\\n 12. Any person who willfully permits and any person who encourages the\\nrelease of any data and information contained in the central register to\\npersons or agencies not permitted by this title shall be guilty of a\\nclass A misdemeanor.\\n 13. There shall be a single statewide telephone number for use by all\\npersons seeking general information about child abuse, maltreatment or\\nwelfare other than for the purpose of making a report of child abuse or\\nmaltreatment.\\n 14. The office shall refer suspected cases of falsely reporting child\\nabuse and maltreatment in violation of subdivision four of section\\n240.50 of the penal law to the appropriate law enforcement agency or\\ndistrict attorney.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "422-A", "title" : "Child abuse and neglect investigations; disclosure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "422-A", "activeDate" : "2014-09-22", "sequenceNo" : 608, "repealedDate" : null, "fromSection" : "422-A", "toSection" : "422-A", "text" : " § 422-a. Child abuse and neglect investigations; disclosure. 1.\\nNotwithstanding any inconsistent provision of law to the contrary, the\\ncommissioner or a city or county social services commissioner may\\ndisclose information regarding the abuse or maltreatment of a child as\\nset forth in this section, and the investigation thereof and any\\nservices related thereto if he or she determines that such disclosure\\nshall not be contrary to the best interests of the child, the child's\\nsiblings or other children in the household and any one of the following\\nfactors are present:\\n (a) the subject of the report has been charged in an accusatory\\ninstrument with committing a crime related to a report maintained in the\\nstatewide central register; or\\n (b) the investigation of the abuse or maltreatment of the child by the\\nlocal child protective service or the provision of services by such\\nservice has been publicly disclosed in a report required to be disclosed\\nin the course of their official duties, by a law enforcement agency or\\nofficial, a district attorney, any other state or local investigative\\nagency or official or by judge of the unified court system; or\\n (c) there has been a prior knowing, voluntary, public disclosure by an\\nindividual concerning a report of child abuse or maltreatment in which\\nsuch individual is named as the subject of the report as defined by\\nsubdivision four of section four hundred twelve of this title; or\\n (d) the child named in the report has died or the report involves the\\nnear fatality of a child. For the purposes of this section, \"near\\nfatality\" means an act that results in the child being placed, as\\ncertified by a physician, in serious or critical condition.\\n 2. For the purposes of this section, the following information may be\\ndisclosed:\\n (a) the name of the abused or maltreated child;\\n (b) the determination by the local child protective service or the\\nstate agency which investigated the report and the findings of the\\napplicable investigating agency upon which such determination was based;\\n (c) identification of child protective or other services provided or\\nactions, if any, taken regarding the child named in the report and his\\nor her family as a result of any such report or reports;\\n (d) whether any report of abuse or maltreatment regarding such child\\nhas been \"indicated\" as maintained by the statewide central register;\\n (e) any actions taken by the local child protective service and the\\nlocal social services district in response to reports of abuse or\\nmaltreatment of the child to the statewide central register including\\nbut not limited to actions taken after each and every report of abuse or\\nmaltreatment of such child and the dates of such reports;\\n (f) whether the child or the child's family has received care or\\nservices from the local social services district prior to each and every\\nreport of abuse or maltreatment of such child;\\n (g) any extraordinary or pertinent information concerning the\\ncircumstances of the abuse or maltreatment of the child and the\\ninvestigation thereof, where the commissioner or the local commissioner\\ndetermines such disclosure is consistent with the public interest.\\n 3. Information may be disclosed pursuant to this section as follows:\\n (a) information released prior to the completion of the investigation\\nof a report shall be limited to a statement that a report is \"under\\ninvestigation\";\\n (b) when there has been a prior disclosure pursuant to paragraph (a)\\nof this subdivision, information released in a case in which the report\\nhas been unfounded shall be limited to the statement that \"the\\ninvestigation has been completed, and the report has been unfounded\";\\n (c) if the report has been \"indicated\" then information may be\\nreleased pursuant to subdivision two of this section.\\n 4. Any disclosure of information pursuant to this section shall be\\nconsistent with the provisions of subdivision two of this section. Such\\ndisclosure shall not identify or provide an identifying description of\\nthe source of the report, and shall not identify the name of the abused\\nor maltreated child's siblings, the parent or other person legally\\nresponsible for the child or any other members of the child's household,\\nother than the subject of the report.\\n 5. In determining pursuant to subdivision one of this section whether\\ndisclosure will be contrary to the best interests of the child, the\\nchild's siblings or other children in the household, the commissioner or\\na city or county social services commissioner shall consider the\\ninterest in privacy of the child and the child's family and the effects\\nwhich disclosure may have on efforts to reunite and provide services to\\nthe family.\\n 6. Whenever a disclosure of information is made pursuant to this\\nsection, the city or county social services commissioner shall make a\\nwritten statement prior to disclosing such information to the chief\\ncounty executive officer where the incident occurred setting forth the\\nparagraph in subdivision one of this section upon which he or she is\\nbasing such disclosure.\\n 7. Except as it applies directly to the cause of the abuse or\\nmaltreatment of the child, nothing in this section shall be deemed to\\nauthorize the release or disclosure of the substance or content of any\\npsychological, psychiatric, therapeutic, clinical or medical reports,\\nevaluations or like materials or information pertaining to such child or\\nthe child's family. Prior to the release or disclosure of any\\npsychological, psychiatric or therapeutic reports, evaluations or like\\nmaterials or information pursuant to this subdivision, the city or\\ncounty social services commissioner shall consult with the local mental\\nhygiene director.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "422-B", "title" : "Local and regional fatality review teams", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "422-B", "activeDate" : "2014-09-22", "sequenceNo" : 609, "repealedDate" : null, "fromSection" : "422-B", "toSection" : "422-B", "text" : " § 422-b. Local and regional fatality review teams. 1. A fatality\\nreview team may be established at a local or regional level, with the\\napproval of the office of children and family services, for the purpose\\nof investigating the death of any child whose care and custody or\\ncustody and guardianship has been transferred to an authorized agency,\\nother than a vulnerable child as defined in article eleven of this\\nchapter, any child for whom child protective services has an open case,\\nany child for whom the local department of social services has an open\\npreventive services case, and in the case of a report made to the\\nstatewide central register of child abuse and maltreatment involving the\\ndeath of a child. A fatality review team may also investigate any\\nunexplained or unexpected death of any child under the age of eighteen.\\n 2. A local or regional fatality review team may exercise the same\\nauthority as the office of children and family services with regard to\\nthe preparation of a fatality report as set forth in paragraphs (b) and\\n(c) of subdivision five of section twenty of this chapter.\\nNotwithstanding any other provision of law to the contrary and to the\\nextent consistent with federal law, such local or regional fatality\\nreview team shall have access to those client-identifiable records\\nnecessary for the preparation of the report, as authorized in accordance\\nwith paragraph (d) of subdivision five of section twenty of this\\nchapter. A fatality report prepared by a local or regional fatality\\nreview team and approved by the office of children and family services\\nsatisfies the obligation to prepare a fatality report as set forth in\\nsubdivision five of section twenty of this chapter. Such report shall be\\nsubject to the same redisclosure provisions applicable to fatality\\nreports prepared by the office of children and family services.\\n 3. For the purposes of this section, a local or regional fatality\\nreview team must include, but need not be limited to, representatives\\nfrom the child protective service, office of children and family\\nservices, county department of health, or, should the locality not have\\na county department of health, the local health commissioner or his or\\nher designee or the local public health director or his or her designee,\\noffice of the medical examiner, or, should the locality not have a\\nmedical examiner, office of the coroner, office of the district\\nattorney, office of the county attorney, local and state law\\nenforcement, emergency medical services and a pediatrician or comparable\\nmedical professional, preferably with expertise in the area of child\\nabuse and maltreatment or forensic pediatrics. A local or regional\\nfatality review team may also include representatives from local\\ndepartments of social services, mental health agencies, domestic\\nviolence agencies, substance abuse programs, hospitals, local schools,\\nand family court.\\n 4. A local or regional fatality review team established pursuant to\\nthis section shall have access to all records, except those protected by\\nstatutory privilege, within twenty-one days of receipt of a request.\\n 5. Members of a local or regional fatality review team, persons\\nattending a meeting of a local or regional fatality review team, and\\npersons who present information to a local or regional fatality review\\nteam shall have immunity from civil and criminal liability for all\\nreasonable and good faith actions taken pursuant to this section, and\\nshall not be questioned in any civil or criminal proceeding regarding\\nany opinions formed as a result of a meeting of a local or regional\\nfatality review team. Nothing in this section shall be construed to\\nprevent a person from testifying as to information obtained\\nindependently of a local or regional fatality review team or which is\\npublic information.\\n 6. All meetings conducted and all reports and records made and\\nmaintained, and books and papers obtained, by a local or regional\\nfatality review team shall be confidential and not open to the general\\npublic except by court order and except for an annual report or a\\nfatality report, if the fatality review team chooses to complete such an\\nannual report or fatality report. The release of any fatality report\\nprepared by a local or regional fatality review team shall be governed\\nby the provisions of subdivision five of section twenty of this chapter.\\nAny such annual report or fatality report shall not contain any\\nindividually identifiable information and shall be provided to the\\noffice of children and family services upon completion. The office of\\nchildren and family services shall forward copies of any such report to\\nall other local or regional fatality review teams established pursuant\\nto this section, to all citizen review panels established pursuant to\\nsection three hundred seventy-one-b of this chapter, and to the\\ngovernor, the temporary president of the senate and the speaker of the\\nassembly.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "422-C", "title" : "Establishment of the child abuse medical provider program (CHAMP)", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "422-C", "activeDate" : "2014-09-22", "sequenceNo" : 610, "repealedDate" : null, "fromSection" : "422-C", "toSection" : "422-C", "text" : " § 422-c. Establishment of the child abuse medical provider program\\n(CHAMP). 1. The child abuse medical provider program shall be\\nestablished by the office of children and family services and operated\\nby the child abuse referral and evaluation (CARE) program of the SUNY\\nUpstate medical university, provided other similarly qualified\\norganizations may also operate a CHAMP program, to improve access to\\nquality medical care for suspected child abuse victims by providing\\ntraining in the assessment and diagnostic skills for medical providers\\nto identify and treat child abuse victims and by developing and\\nproviding continuing education and mentoring to certain persons mandated\\nto report suspected child abuse or maltreatment pursuant to section four\\nhundred thirteen of this title. CHAMP shall be a network of expert child\\nabuse medical professionals, that provides a comprehensive source of\\nchild abuse information that offers resources and educational tools\\ncreated to assist and educate mandated reporters in the identification\\nof child abuse and maltreatment.\\n 2. The CHAMP program shall provide information, training and mentoring\\non child abuse or neglect to certain persons mandated to report\\nsuspected child abuse or maltreatment pursuant to section four hundred\\nthirteen of this title, and may include, but not be limited to:\\n (a) distant learning;\\n (b) a web based curriculum;\\n (c) video conferencing;\\n (d) workshops;\\n (e) mailings;\\n (f) self-study courses;\\n (g) continued learning through case conferences and peer review; and\\n (h) direct training of medical providers.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "423", "title" : "Child protective service responsibilities and organization; purchase of service and reimbursement of cost; local plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "423", "activeDate" : "2014-09-22", "sequenceNo" : 611, "repealedDate" : null, "fromSection" : "423", "toSection" : "423", "text" : " § 423. Child protective service responsibilities and organization;\\npurchase of service and reimbursement of cost; local plan. 1. (a) Every\\nlocal department of social services shall establish a \"child protective\\nservice\" within such department. The child protective service shall\\nperform those functions assigned by this title to it and only such\\nothers that would further the purposes of this title. Local social\\nservices departments shall distribute the laws, regulations and policies\\nof the department pursuant to section four hundred twenty-one of this\\narticle to any society for the prevention of cruelty to children which\\nhas entered into a currently valid contract with a local department of\\nsocial services.\\n (b) Every local department of social services shall provide to the\\nchild protective service information available to the local department\\nwhich is relevant to the investigation of a report of child abuse or\\nmaltreatment or to the provision of protective services, where the\\nconfidentiality of such information is not expressly protected by law.\\n (c) The child protective service shall have a sufficient staff of\\nsufficient qualifications to fulfill the purposes of this title and be\\norganized in such a way as to maximize the continuity of responsibility,\\ncare and service of individual workers toward individual children and\\nfamilies. A social services district shall have flexibility in assigning\\nstaff to the child protective service provided that each staff assigned\\nto such service has the staff qualifications and has received the\\ntraining required by the department regulations promulgated pursuant to\\nsubdivisions four and five of section four hundred twenty-one of this\\ntitle.\\n (d) Consistent with appropriate collective bargaining agreements and\\napplicable provisions of the civil service law, every child protective\\nservice shall establish a procedure to review and evaluate the\\nbackgrounds of and information supplied by all applicants for\\nemployment. Such procedures shall include but not be limited to the\\nfollowing requirements: that the applicant set forth his or her\\nemployment history, provide personal and employment references and\\nrelevant experiential and educational information, and sign a sworn\\nstatement indicating whether the applicant, to the best of his or her\\nknowledge, has ever been convicted of a crime in this state or any other\\njurisdiction.\\n (e) For purposes of this title, a child protective service shall\\ninclude an Indian tribe that has entered into an agreement with the\\ndepartment pursuant to section thirty-nine of this chapter to provide\\nchild protective services to Indians residing upon the tribe's\\nreservation in the state. Notwithstanding any other provision of law,\\nfor the purposes of this title, a social services district or a local\\ndepartment of social services shall include an Indian tribe that has\\nentered into an agreement with the department pursuant to section\\nthirty-nine of this chapter to provide child protective services. Such\\nIndian tribe shall only be considered a child protective service while\\nsuch an agreement is in effect.\\n 2. Any other provision of law notwithstanding, but consistent with\\nsubdivision (1) of this section, the child protective service, based\\nupon the local plan of services as provided in subdivision (3) of this\\nsection, may purchase and utilize the services of any appropriate public\\nor voluntary agency including a society for the prevention of cruelty to\\nchildren. When services are purchased by the local department pursuant\\nto this section and title, they shall be reimbursed by the state to the\\nlocality in the same manner and to the same extent as if the services\\nwere provided directly by the local department.\\n 3. (a) Each social services district shall prepare and submit to the\\ncommissioner, after consultation with local law enforcement agencies,\\nthe family court and appropriate public or voluntary agencies including\\nsocieties for the prevention of cruelty to children and after a public\\nhearing, a district-wide plan, as prescribed by the commissioner, for\\nthe provision of child protective services which shall be a component of\\nthe district's multi-year consolidated services plan. This plan shall\\ndescribe the district's implementation of this title including the\\norganization, staffing, mode of operations and financing of the child\\nprotective service as well as the provisions made for purchase of\\nservice and inter-agency relations. Commencing the year following\\npreparation of a multi-year consolidated services plan, each local\\ndistrict shall prepare annual implementation reports including\\ninformation related to its child protective services plan. The social\\nservices district shall submit the child protective services plan to the\\ndepartment as a component of its multi-year consolidated services plan\\nand subsequent thereto as a component of its annual implementation\\nreports and the department shall review and approve or disapprove the\\nproposed plan and reports in accordance with the procedures set forth in\\nsection thirty-four-a of this chapter.\\n 4. As used in this section, \"service\" or \"services\" shall include the\\ncoordinating and monitoring of the activities of appropriate public or\\nvoluntary agencies utilized in the local plan.\\n 5. In accordance with the provisions of subdivisions one and two of\\nthis section, a local department of social services may submit to the\\ndepartment a plan for a special program for the purpose of (a) ensuring\\nthe delivery of services to children and their families by arranging for\\nthe purchase and utilization of the service of any appropriate public or\\nvoluntary agency to provide rehabilitative services to at least the\\nmajority of children and families assisted by the child protective\\nservice; and (b) strengthening the monitoring role of the child\\nprotective service.\\n Such program shall also include provisions for the training of\\nemployees of public and private agencies assigned functions of the child\\nprotective service, in the duties and responsibilities of the child\\nprotective service and in the provision of services to children and\\nfamilies, pursuant to this title. The department shall approve such a\\nplan in not more than six social services districts upon satisfactory\\ndemonstration that a local department of social services will\\neffectively discharge all responsibilities required by this title. Any\\nsuch plan must be submitted to the department as part of the multi-year\\nservices plan required pursuant to section thirty-four-a of this chapter\\nand, if approved, shall be operative for a period not to exceed three\\nyears. The department shall contract with an individual, partnership,\\ncorporation, institution or other organization for the performance of a\\ncomprehensive evaluation of the effectiveness of the implementation of\\nsuch plans. A report of such evaluations shall be submitted by the\\ndepartment to the governor and the legislature by January first,\\nnineteen hundred ninety. Nothing in this subdivision shall be deemed to\\nrelieve a child protective service from any responsibilities assigned to\\nit by this title.\\n 6. A social services district may establish a multidisciplinary\\ninvestigative team or teams and may establish or work as part of a child\\nadvocacy center established pursuant to section four hundred\\ntwenty-three-a of this title, at a local or regional level, for the\\npurpose of investigating reports of suspected child abuse or\\nmaltreatment. The social services district shall have discretion with\\nregard to the category or categories of suspected child abuse or\\nmaltreatment such team or teams may investigate, provided, however, the\\nsocial services district shall place particular emphasis on cases\\ninvolving the abuse of a child as described in paragraph (i), (ii) or\\n(iii) of subdivision (e) of section one thousand twelve of the family\\ncourt act, sexual abuse of a child or the death of a child. Members of\\nmultidisciplinary teams shall include but not be limited to\\nrepresentatives from the following agencies: child protective services,\\nlaw enforcement, district attorney's office, physician or medical\\nprovider trained in forensic pediatrics, mental health professionals,\\nvictim advocacy personnel and, if one exists, a child advocacy center.\\nMembers of the multidisciplinary team primarily responsible for the\\ninvestigation of child abuse reports, including child protective\\nservices, law enforcement and district attorney's office, shall\\nparticipate in joint interviews and conduct investigative functions\\nconsistent with the mission of the particular agency member involved. It\\nshall not be required that members of a multidisciplinary team not\\nresponsible for the investigation of reports participate in every\\ninvestigation. Such other members shall provide victim advocacy,\\nemotional support, and access to medical and mental health care, where\\napplicable. All members, consistent with their respective agency\\nmissions, shall facilitate efficient delivery of services to victims and\\nappropriate disposition of cases through the criminal justice system\\nand/or the family court system in a collaborative manner, however,\\nnon-investigative team members shall note their specific role in the\\nteam for reports covered under this title. Notwithstanding any other\\nprovision of law to the contrary, members of a multidisciplinary\\ninvestigative team or a child advocacy center may share with other team\\nmembers client-identifiable information concerning the child or the\\nchild's family to facilitate the investigation of suspected child abuse\\nor maltreatment. Nothing in this subdivision shall preclude the creation\\nof multidisciplinary teams or child advocacy centers which include more\\nthan one social services district. Each team shall develop a written\\nprotocol for investigation of child abuse and maltreatment cases and for\\ninterviewing child abuse and maltreatment victims. The social services\\ndistrict is encouraged to train each team member in risk assessment,\\nindicators of child abuse and maltreatment, and appropriate interview\\ntechniques.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "423-A", "title" : "Child advocacy centers established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "423-A", "activeDate" : "2014-09-22", "sequenceNo" : 612, "repealedDate" : null, "fromSection" : "423-A", "toSection" : "423-A", "text" : " § 423-a. Child advocacy centers established. 1. The office of children\\nand family services shall to the greatest extent practicable facilitate\\nthe establishment of child advocacy centers in every region of the state\\nso that child victims of sexual abuse or serious physical abuse have\\nreasonable access to such a center and so that their cases are handled\\nin an expert and timely manner, by a coordinated and cooperative effort\\nthat minimizes trauma to the children and their non-offending family\\nmembers. Child advocacy centers shall be established by either a\\ngovernmental entity or a private, nonprofit incorporated agency and\\nshall meet the state office of children and family services program\\nstandards for child advocacy centers approval and strive to co-locate\\nmembers of the local multi-disciplinary team at the child advocacy\\ncenter.\\n 2. Child advocacy centers may assist in the investigation of child\\nabuse and maltreatment cases and shall provide at a minimum for the\\nfollowing:\\n (a) a comfortable, private setting that is both physically and\\npsychologically safe for children;\\n (b) sound program, fiscal and administrative practices;\\n (c) policies, practices and procedures that are culturally competent;\\nfor the purpose of this paragraph \"culturally competent\" is defined as\\nthe capacity to function in more than one culture, requiring the ability\\nto appreciate, understand and interact with members of diverse\\npopulations within the local community;\\n (d) a multidisciplinary investigative team established pursuant to\\nsubdivision six of section four hundred twenty-three of this article;\\n (e) a written set of interagency protocols for an interdisciplinary\\nand coordinated approach to the investigation of child abuse;\\n (f) forensic interviews to be conducted in a manner which is neutral\\nand fact-finding and coordinated to avoid duplicative interviewing;\\n (g) specialized medical evaluation and treatment as part of the\\nmultidisciplinary investigative team response, either at the center or\\nthrough coordination with and referral to other appropriate treatment\\nproviders;\\n (h) specialized mental health services as part of the\\nmultidisciplinary investigative team response, either at the center or\\nthrough coordination with and referral to other appropriate treatment\\nproviders;\\n (i) victim support and advocacy as part of the multidisciplinary team\\ninvestigative team response, either at the center or through\\ncoordination with and referral to other appropriate treatment providers;\\n (j) a routine interdisciplinary case review process for purposes of\\ndecision making, problem solving, systems coordination and information\\nsharing concerning case status and services needed by the child and\\nfamily;\\n (k) a comprehensive tracking system for monitoring case process and\\ntracking case outcomes for team members; and\\n (l) a process for evaluating its effectiveness and its operation.\\n 3. Child advocacy centers may also provide space for medical\\nevaluation, therapeutic intervention, support services for child abuse\\nvictims and their families, community education about child abuse, and\\nany other services the center deems critical to the provision of service\\nto child victims and their families and the multidisciplinary\\ninvestigation of abuse allegations.\\n 4. Any child advocacy center established prior to the effective date\\nof this section shall, within six months of the effective date of this\\nsection, revise its policies and practices to comply with subdivision\\ntwo of this section. No organization shall refer to itself as a child\\nadvocacy center unless it complies with this section.\\n 5. (a) The files, reports, records, communications, working papers or\\nvideotaped interviews used or developed in providing services under this\\nsection are confidential. Provided, however, that disclosure may be made\\nto members of a multidisciplinary investigative team who are engaged in\\nthe investigation of a particular case and who need access to the\\ninformation in order to perform their duties for purposes consistent\\nwith this section and to other employees of a child advocacy center who\\nare involved in tracking cases for the child advocacy center. Disclosure\\nshall also be made for the purpose of investigation, prosecution and/or\\nadjudication in any relevant court proceeding or, upon written release\\nby any non-offending parent, for the purpose of counseling for the child\\nvictim.\\n (b) Any public or private department, agency or organization may share\\nwith a child advocacy center information that is made confidential by\\nlaw when it is needed to provide or secure services pursuant to this\\nsection. Confidential information shared with or provided to a center\\nremains the property of the providing organization.\\n (c) The office of children and family services shall have access to\\nall records created or maintained by a child advocacy center in order to\\ncarry out the responsibilities of that office pursuant to this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "424", "title" : "Duties of the child protective service concerning reports of abuse or maltreatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-05-27", "2017-09-15" ], "docLevelId" : "424", "activeDate" : "2017-09-15", "sequenceNo" : 613, "repealedDate" : null, "fromSection" : "424", "toSection" : "424", "text" : " § 424. Duties of the child protective service concerning reports of\\nabuse or maltreatment. Each child protective service shall:\\n 1. receive on a twenty-four hour, seven day a week basis all reports\\nof suspected child abuse or maltreatment in accordance with this title,\\nthe local plan for the provision of child protective services and the\\nregulations of the commissioner;\\n 2. maintain and keep up-to-date a local child abuse and maltreatment\\nregister of all cases reported under this title together with any\\nadditional information obtained and a record of the final disposition of\\nthe report, including services offered and accepted;\\n 3. upon the receipt of each written report made pursuant to this\\ntitle, transmit, forthwith, a copy thereof to the state central register\\nof child abuse and maltreatment. In addition, not later than seven days\\nafter receipt of the initial report, the child protective service shall\\nsend a preliminary written report of the initial investigation,\\nincluding evaluation and actions taken or contemplated, to the state\\ncentral register. Follow-up reports shall be made at regular intervals\\nthereafter in a manner and form prescribed by the commissioner by\\nregulation to the end that the state central register is kept fully\\ninformed and up-to-date concerning the handling of reports;\\n 4. give telephone notice and forward immediately a copy of reports\\nmade pursuant to this title which involve the death of a child to the\\nappropriate district attorney. In addition, telephone notice shall be\\ngiven and a copy of any or all reports made pursuant to this title shall\\nbe forwarded immediately by the child protective service to the\\nappropriate district attorney if a prior request in writing for such\\nnotice and copies has been made to the service by the district attorney.\\nSuch request shall specify the kinds of allegations concerning which the\\ndistrict attorney requires such notice and copies and shall provide a\\ncopy of the relevant provisions of law;\\n 5. forward an additional copy of each report to the appropriate duly\\nincorporated society for the prevention of cruelty to children or other\\nduly authorized child protective agency if a prior request for such\\ncopies has been made to the service in writing by the society or agency;\\n 5-a. give telephone notice and forward immediately a copy of reports\\nmade pursuant to this title which involve suspected physical injury as\\ndescribed in paragraph (i) of subdivision (e) of section ten hundred\\ntwelve of the family court act or sexual abuse of a child or the death\\nof a child to the appropriate local law enforcement. Investigations\\nshall be conducted by an approved multidisciplinary investigative team,\\nestablished pursuant to subdivision six of section four hundred\\ntwenty-three of this title provided that in counties without a\\nmultidisciplinary investigative team investigations shall be conducted\\njointly by local child protective services and local law enforcement.\\nProvided however, that co-reporting in these instances shall not be\\nrequired when the local social services district has an approved\\nprotocol on joint investigations of child abuse and maltreatment between\\nthe local district and law enforcement. Such protocol shall be submitted\\nto the office of children and family services for approval and the\\noffice shall approve or disapprove of such protocols within thirty days\\nof submission. Nothing in this subdivision shall prohibit local child\\nprotective services from consulting with local law enforcement on any\\nchild abuse or maltreatment report.\\n 5-b. shall make an assessment in a timely manner of each report made\\npursuant to this title which involves suspected maltreatment which\\nalleges any physical harm when the report is made by a person required\\nto report pursuant to section four hundred thirteen of this title within\\nsix months of any other two reports that were indicated or may still be\\npending involving the same child, sibling, or other children in the\\nhousehold or the subject of the report to determine whether it is\\nnecessary to give notice of the report to the appropriate local law\\nenforcement entity. If the local child protective services determines\\nthat local law enforcement shall be given notice, they shall give\\ntelephone notice and immediately forward a copy of the reports to local\\nlaw enforcement. If the report is shared with local law enforcement,\\ninvestigations shall be conducted by an approved multidisciplinary\\ninvestigative team, established pursuant to subdivision six of section\\nfour hundred twenty-three of this title provided that in counties\\nwithout a multidisciplinary investigative team investigations shall be\\nconducted jointly by local child protective services and local law\\nenforcement. Provided however, that co-reporting in these instances\\nshall not be required when the local social services district has an\\napproved protocol on joint investigations of child abuse and\\nmaltreatment between the local district and law enforcement. Such\\nprotocol shall be submitted to the office of children and family\\nservices for approval and the office shall approve or disapprove of such\\nprotocols within thirty days of submission. Nothing in this subdivision\\nshall modify the requirements of this section. Nothing in this\\nsubdivision shall prohibit local child protective services from\\nconsulting with local law enforcement on any child abuse or maltreatment\\nreport and nothing in this subdivision shall prohibit local child\\nprotective services and local law enforcement or a multidisciplinary\\nteam from agreeing to co-investigate any child abuse or maltreatment\\nreport.\\n 6. (a) upon receipt of such report, commence or cause the appropriate\\nsociety for the prevention of cruelty to children to commence, within\\ntwenty-four hours, an appropriate investigation which shall include an\\nevaluation of the environment of the child named in the report and any\\nother children in the same home and a determination of the risk to such\\nchildren if they continue to remain in the existing home environment, as\\nwell as a determination of the nature, extent and cause of any condition\\nenumerated in such report and the name, age and condition of other\\nchildren in the home, and, after seeing to the safety of the child or\\nchildren, forthwith notify the subjects of the report and other persons\\nnamed in the report in writing of the existence of the report and their\\nrespective rights pursuant to this title in regard to amendment;\\n (b) ascertain whether the child named in the report or any other child\\nin the same home is in the care, custody or guardianship of an\\nauthorized agency. Where such authorized agency is not the social\\nservices district in which the home is located, the report shall be\\nforwarded as soon as possible to such authorized agency and any other\\nsocial services district charged with the care, custody or guardianship\\nof the child or other children in the home. Such authorized agency and\\nlocal social services district shall also be notified as to whether such\\nreport is indicated or unfounded in accordance with subdivision seven of\\nthis section. Nothing in this subdivision shall require such social\\nservices district to investigate or participate in the investigation of\\nsuch report;\\n (c) subject to rules and regulations of the division of criminal\\njustice services, a manager of the child protective services unit, or a\\nperson with law enforcement background who is specifically designated by\\nthe commissioner of the local social services district for this purpose,\\nshall have access to conviction records maintained by state law\\nenforcement agencies pertaining to persons of or over the age of\\neighteen years who (1) are currently residing in the residence of any\\nchild who is alleged to be or suspected of being abused, maltreated, or\\nneglected or (2) are named in any report of suspected or alleged child\\nabuse, maltreatment, or neglect; provided that nothing in this\\nsubdivision shall be construed to contradict or modify section one\\nthousand forty-six of the family court act. Any criminal history record\\nprovided by the division of criminal justice services, and any summary\\nof the criminal history record provided by the office of children and\\nfamily services to the child protective services unit of a local social\\nservices district pursuant to this subdivision, shall be kept\\nconfidential and shall not be made available for public inspection.\\nChild protective services units shall not indicate a report solely based\\nupon the existence of a conviction record;\\n 6-a. upon receipt of such report and commencement of the appropriate\\ninvestigation, where the child protective service is not able to locate\\nthe child or has been denied access to the home or denied access to the\\nchild named in the report or to any children in the household, and where\\nthe child protective investigator has cause to believe a child or\\nchildren's life or health may be in danger immediately advise the parent\\nor person legally responsible for the child's care or with whom the\\nchild is residing that, when denied sufficient access to the child or\\nother children in the home, the child protective investigator may\\ncontact the family court to seek an immediate court order to gain access\\nto the home and/or the child named in the report or any children in the\\nhousehold without further notice and that while such request is being\\nmade to such court, law enforcement may be contacted and if contacted\\nshall respond and shall remain where the child or children are or are\\nbelieved to be present;\\n 6-b. should the parent or persons legally responsible for the child's\\ncare or with whom the child is residing continue to deny access to the\\nchild, children and/or home sufficient to allow the child protective\\ninvestigator to determine their safety and if a child protective\\ninvestigator seeks an immediate family court order to gain access to the\\nchild, children and/or home, law enforcement may be contacted and if\\ncontacted shall respond and shall remain where the child or children are\\nor are believed to be present while the request is being made;\\n 7. determine, within sixty days, whether the report is \"indicated\" or\\n\"unfounded\";\\n * 7-a. where a determination is not made within sixty days, document\\nin the record the reason or reasons the determination was not made\\nwithin sixty days, and determine within thirty days thereafter whether\\nthe report is \"indicated\" or \"unfounded\";\\n * NB Expired July 1, 1992\\n 8. refer suspected cases of falsely reporting child abuse and\\nmaltreatment in violation of subdivision four of section 240.50 of the\\npenal law to the appropriate law enforcement agency or district\\nattorney;\\n 9. take a child into protective custody to protect him from further\\nabuse or maltreatment when appropriate and in accordance with the\\nprovisions of the family court act;\\n 10. based on the investigation and evaluation conducted pursuant to\\nthis title, offer to the family of any child believed to be suffering\\nfrom abuse or maltreatment such services for its acceptance or refusal,\\nas appear appropriate for either the child or the family or both;\\nprovided, however, that prior to offering such services to a family,\\nexplain that it has no legal authority to compel such family to receive\\nsaid services, but may inform the family of the obligations and\\nauthority of the child protective service to petition the family court\\nfor a determination that a child is in need of care and protection;\\n 11. in those cases in which an appropriate offer of service is refused\\nand the child protective service determines or if the service for any\\nother appropriate reason determines that the best interests of the child\\nrequire family court or criminal court action, initiate the appropriate\\nfamily court proceeding or make a referral to the appropriate district\\nattorney, or both;\\n 12. assist the family court or criminal court during all stages of the\\ncourt proceeding in accordance with the purposes of this title and the\\nfamily court act;\\n 13. coordinate, provide or arrange for and monitor, as authorized by\\nthe social services law, the family court act and by this title,\\nrehabilitative services for children and their families on a voluntary\\nbasis or under a final or intermediate order of the family court.\\n 14. comply with provisions of sections ten hundred thirty-nine-a and\\nten hundred fifty-two-a of the family court act.\\n The provisions of this section shall not apply to a child protective\\nservice with respect to reports involving children in homes operated or\\nsupervised by the office of children and family services, the office of\\nmental health, or the office of people with developmental disabilities\\nsubject to the provisions of section four hundred twenty-four-b of this\\ntitle.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "424-A", "title" : "Access to information contained in the statewide central register of child abuse and maltreatment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-04-28", "2017-07-21", "2018-04-20", "2019-04-19", "2019-07-05", "2019-09-06", "2020-04-17", "2022-01-07", "2022-11-25" ], "docLevelId" : "424-A", "activeDate" : "2022-11-25", "sequenceNo" : 614, "repealedDate" : null, "fromSection" : "424-A", "toSection" : "424-A", "text" : " § 424-a. Access to information contained in the statewide central\\nregister of child abuse and maltreatment. 1. (a) (i) A licensing agency\\nshall inquire of the department and the department shall, subject to the\\nprovisions of paragraph (e) of this subdivision, inform such agency and\\nthe subject of the inquiry whether an applicant for a certificate,\\nlicense or permit, the director of a camp subject to the provisions of\\narticle thirteen-B of the public health law, a prospective successor\\nguardian when a clearance is conducted pursuant to paragraph (d) of\\nsubdivision two of section four hundred fifty-eight-b of this article,\\nand any person over the age of eighteen who resides in the home of a\\nperson who has applied to become an adoptive parent or a foster parent\\nor any person over the age of eighteen residing in the home of a\\nprospective successor guardian when a clearance is conducted of a\\nprospective successor guardian pursuant to this paragraph, has been or\\nis currently the subject of an indicated child abuse and maltreatment\\nreport on file with the statewide central register of child abuse and\\nmaltreatment.\\n (ii) A licensing agency shall inquire of the office whether an\\napplicant for a certificate, license or permit to operate a child care\\nprogram including a family day care home, group family day care home,\\nchild care center, school age child care program, or enrolled legally\\nexempt provider or an employee, volunteer or applicant to be an employee\\nor volunteer in such program who has potential for regular and\\nsubstantial contact with children in the program, is the confirmed\\nsubject of an indicated child abuse report maintained by the statewide\\ncentral register of child abuse and maltreatment. The office shall\\npromulgate regulations related to the process by which providers and\\napplicants will be informed whether the applicant is authorized or\\nunauthorized to care for children based on the outcome of such inquiry.\\n (iii) A licensing agency shall inquire of the office whether any\\nperson age eighteen or older who is not related in any way to all\\nchildren for whom care is provided that resides on the premises of where\\nchild care is provided in a setting that is not the child's own home by\\nan enrolled legally-exempt provider as such term is defined in\\nsubdivision one-a of section three hundred ninety-b of this chapter is\\nthe confirmed subject of an indicated child abuse report maintained by\\nthe statewide central register of child abuse and maltreatment. The\\noffice shall promulgate regulations related to the process by which\\nproviders and applicants will be informed whether the applicant is\\nauthorized or unauthorized to care for children based on the outcome of\\nsuch inquiry.\\n (iv) A licensing agency conducting inquiries pursuant to subparagraphs\\n(ii) and (iii) of this paragraph may inquire of the office whether any\\nperson who is to be hired as a consultant by such agency who has the\\npotential for regular and substantial contact with individuals who are\\ncared for by the agency is the subject of an indicated child abuse and\\nmaltreatment report on file with the statewide central register of child\\nabuse and maltreatment. The office shall promulgate regulations related\\nto the process by which providers and applicants will be informed\\nwhether the applicant is authorized or unauthorized to care for children\\nbased on the outcome of such inquiry.\\n (v) A licensing agency conducting inquiries pursuant to subparagraphs\\n(ii) and (iii) or this paragraph may inquire of the office whether any\\nperson who has volunteered his or her services to such agency and who\\nwill have the potential for regular and substantial contact with\\nindividuals who are cared for by the agency, is the subject of an\\nindicated child abuse and maltreatment report on file with the statewide\\ncentral register of child abuse and maltreatment. The office shall\\npromulgate regulations related to the process by which providers and\\napplicants will be informed whether the applicant is authorized or\\nunauthorized to care for children based on the outcome of such inquiry.\\n (b) (i) (A) Subject to the provisions of subdivision seven of this\\nsection, a provider agency shall inquire of the office and the office\\nshall, subject to the provisions of paragraph (e) of this subdivision,\\ninform such agency and the subject of the inquiry whether any person who\\nis actively being considered for employment and who will have the\\npotential for regular and substantial contact with individuals who are\\ncared for by the agency, is the subject of an indicated child abuse and\\nmaltreatment report on file with the statewide central register of child\\nabuse and maltreatment prior to permitting such person to have\\nunsupervised contact with such individuals. Such agency may inquire of\\nthe office and the office shall inform such agency and the subject of\\nthe inquiry whether any person who is currently employed and who has the\\npotential for regular and substantial contact with individuals who are\\ncared for by such agency is the subject of an indicated child abuse and\\nmaltreatment report on file with the statewide central register of child\\nabuse and maltreatment. A provider agency shall also inquire of the\\noffice and the office shall inform such agency and the subject of the\\ninquiry whether any person who is employed by an individual,\\ncorporation, partnership or association which provides goods or services\\nto such agency who has the potential for regular and substantial contact\\nwith individuals who are cared for by the agency, is the subject of an\\nindicated child abuse and maltreatment report on file with the statewide\\ncentral register of child abuse and maltreatment prior to permitting\\nsuch person to have unsupervised contact with such individuals.\\nInquiries made to the office pursuant to this subparagraph by a provider\\nagency on current employees shall be made no more often than once in any\\nsix month period.\\n (B) Notwithstanding clause (A) of this subparagraph, where the\\nprovider agency is an authorized agency that operates a residential\\nprogram for foster children that is licensed or certified by the office\\nof children and family services such agency shall inquire of the office\\nand the office shall, subject to the provisions of paragraph (e) of this\\nsubdivision, inform such agency and the subject of the inquiry whether:\\n (I) any person who is actively being considered for employment in such\\nprogram who is not already required to be cleared pursuant to clause (A)\\nof this subparagraph is the subject of an indicated child abuse and\\nmaltreatment report on file with the statewide central register of child\\nabuse and maltreatment; and\\n (II) Notwithstanding any other provision of law to the contrary, prior\\nto April first, two thousand twenty and in accordance with a schedule\\ndeveloped by the office of children and family services, whether any\\nperson who is employed in a residential foster care program that has not\\npreviously had a clearance conducted pursuant to this subparagraph in\\nconnection to such employment is the subject of an indicated child abuse\\nand maltreatment report on file with the statewide central register of\\nchild abuse and maltreatment.\\n (ii) A provider agency may inquire of the office and the office shall,\\nupon receipt of such inquiry and subject to the provisions of paragraph\\n(e) of this subdivision, inform such agency and the subject of the\\ninquiry whether any person who is to be hired as a consultant by such\\nagency who has the potential for regular and substantial contact with\\nindividuals who are cared for by the agency is the subject of an\\nindicated child abuse and maltreatment report on file with the statewide\\ncentral register of child abuse and maltreatment.\\n (iii) A provider agency may inquire of the office and the office\\nshall, upon receipt of such inquiry and subject to the provisions of\\nparagraph (e) of this subdivision, inform such agency and the subject of\\nthe inquiry whether any person who has volunteered his or her services\\nto such agency and who will have the potential for regular and\\nsubstantial contact with individuals who are cared for by the agency, is\\nthe subject of an indicated child abuse and maltreatment report on file\\nwith the statewide central register of child abuse and maltreatment.\\n (iv) The office shall promulgate regulations which effectuate the\\nprovisions of this paragraph.\\n (c) An authorized agency shall inquire of the department and the\\ndepartment shall inform such agency and the subject of the inquiry,\\nwhether any person who has applied to adopt a child is the subject of an\\nindicated child abuse and maltreatment report on file with the statewide\\ncentral register of child abuse and maltreatment.\\n (d) Any person who has applied to a licensing agency for a\\ncertificate, license or permit or who has applied to be an employee of a\\nprovider agency or who has applied to an authorized agency to adopt a\\nchild, or who may be hired as a consultant or used as a volunteer by a\\nprovider agency and any other person about whom an inquiry is made to\\nthe department pursuant to the provisions of this section shall be\\nnotified by such agency at the time of application or prior to the time\\nthat a person may be hired as a consultant or used as a volunteer that\\nthe agency will or may inquire of the department whether such person is\\nthe subject of an indicated child abuse and maltreatment report. All\\nemployees of a provider agency shall be notified by their employers that\\nan inquiry may be made to the department pursuant to this section and no\\nsuch inquiry shall be made regarding any employee until such notice has\\nbeen made.\\n (d-1) A law enforcement agency pursuant to section eight hundred\\nthirty-seven-k of the executive law may inquire of the department and\\nthe department may inform such agency and the subject of the inquiry,\\nwhether any person who has applied for a symbol provided for in section\\neight hundred thirty-seven-k of the executive law or persons residing or\\nregularly visiting said location are the subject of an indicated child\\nabuse and maltreatment report on file with the statewide central\\nregister of child abuse and maltreatment.\\n (e) (i) Subject to the provisions of subparagraph (ii) of this\\nparagraph, the office of children and family services shall inform the\\nprovider or licensing agency, or child care resource and referral\\nprograms pursuant to subdivision six of this section whether or not the\\nperson is the subject of an indicated child abuse and maltreatment\\nreport only if:\\n (A) (I) the time for the subject of the report to request an amendment\\nof the record of the report pursuant to subdivision eight of section\\nfour hundred twenty-two has expired without any such request having been\\nmade; or\\n (II) such request was made within such time and a fair hearing\\nregarding the request has been finally determined by the commissioner\\nand the record of the report has not been amended to unfound the report\\nor delete the person as a subject of the report; and\\n (B) (I) the person is the subject of an indicated report of child\\nabuse; or\\n (II) the person is not the subject of an indicated report of child\\nabuse and is the subject of a report of child maltreatment where the\\nindication for child maltreatment occurred within less than eight years\\nfrom the date of the inquiry.\\n (ii) If the subject of an indicated report of child abuse or\\nmaltreatment has not requested an amendment of the record of the report\\nand an inquiry is made to the office of children and family services\\npursuant to this subdivision concerning the subject of the report, such\\noffice shall, as expeditiously as possible but within no more than ten\\nworking days of receipt of the inquiry, determine whether, in fact, the\\nperson about whom an inquiry is made is the subject of an indicated\\nreport. Upon making a determination that the person about whom the\\ninquiry is made is the subject of an indicated report of child abuse and\\nmaltreatment, the office of children and family services shall\\nimmediately send a written request to the child protective service or\\nstate agency which was responsible for investigating the allegations of\\nabuse or maltreatment for all records, reports and other information\\nmaintained by the service or state agency on the subject. The service or\\nstate agency shall, as expeditiously as possible but within no more than\\ntwenty working days of receiving such request, forward all records,\\nreports and other information it maintains on the indicated report to\\nthe office of children and family services, including a copy of any\\npetition or court order based on the allegations that were indicated.\\nWhere a proceeding pursuant to article ten of the family court act is\\npending based on the same allegations that were indicated, the office of\\nchildren and family services shall stay determination of whether there\\nis a fair preponderance of the evidence to support the indication until\\nthe disposition of such family court proceeding. Unless such\\ndetermination has been stayed, the office of children and family\\nservices shall, within fifteen working days of receiving such records,\\nreports and other information from the child protective service or state\\nagency, review all records, reports and other information in its\\npossession concerning the subject and determine whether there is a fair\\npreponderance of the evidence to find that the subject had committed the\\nact or acts of child abuse or maltreatment giving rise to the indicated\\nreport.\\n (iii) If it is determined, after affording such service or state\\nagency a reasonable opportunity to present its views, that there is not\\na fair preponderance of the evidence in the record to find that the\\nsubject committed such act or acts, the office of children and family\\nservices shall amend the record to indicate that the report was\\nunfounded and notify the inquiring party that the person about whom the\\ninquiry is made is not the subject of an indicated report.\\n (iv) (A) If it is determined after a review by the office of all\\nrecords, reports and information in its possession concerning the\\nsubject of the report that there is a preponderance of the evidence to\\nfind that the subject committed the act or acts of child abuse or\\nmaltreatment giving rise to the indicated report, the office shall also\\ndetermine whether such act or acts are relevant and reasonably related\\nto issues concerning the employment of the subject by a provider agency\\nor the subject being allowed to have regular and substantial contact\\nwith individuals cared for by a provider agency or the approval or\\ndisapproval of an application which has been submitted by the subject to\\na licensing agency, based on guidelines developed pursuant to\\nsubdivision five of this section. If it is determined that such act or\\nacts are not relevant and related to such issues, the office shall be\\nprecluded from informing the provider or licensing agency which made the\\ninquiry to the office pursuant to this section that the person about\\nwhom the inquiry is made is the subject of an indicated report of child\\nabuse or maltreatment.\\n (B) Where the subject of the report is not the subject of any\\nindicated report of child abuse and is the subject of a report of child\\nmaltreatment where the indication for child maltreatment occurred more\\nthan eight years prior to the date of the inquiry, any such indication\\nof child maltreatment shall be deemed to be not relevant and reasonably\\nrelated to employment.\\n (v) If it is determined after a review by the office of children and\\nfamily services of all records, reports and information in its\\npossession concerning the subject of the report that there is a fair\\npreponderance of the evidence to prove that the subject committed the\\nact or acts of abuse or maltreatment giving rise to the indicated report\\nthe office of children and family services shall notify the subject of\\nthe determination of such report and of the subject's right to request a\\nfair hearing. If the subject shall request a hearing, the office of\\nchildren and family services shall schedule a fair hearing and shall\\nprovide notice of the scheduled hearing date to the subject, the\\nstatewide central register and, as appropriate, to the child protective\\nservice which investigated such report.\\n (vi) The burden of proof in such a hearing shall be on the child\\nprotective service which investigated the report. In such a hearing,\\nwhere a family court proceeding pursuant to article ten of the family\\ncourt act has occurred and where the petition for such proceeding\\nalleges that a respondent in that proceeding committed abuse or\\nmaltreatment against the subject child in regard to an allegation\\ncontained in a report indicated pursuant to this section: (A) where the\\ncourt finds that such respondent did commit abuse or maltreatment there\\nshall be an irrebuttable presumption in a fair hearing held pursuant to\\nthis subdivision that said allegation is substantiated by a fair\\npreponderance of the evidence as to that respondent on that allegation;\\nand (B) where such child protective service withdraws such petition with\\nprejudice, where the family court dismisses such petition, or where the\\nfamily court finds on the merits in favor of the respondent, there shall\\nbe an irrebuttable presumption in a fair hearing held pursuant to this\\nsubdivision that said allegation as to that respondent has not been\\nproven by a fair preponderance of the evidence.\\n (vii) If it shall be determined at the fair hearing that there is no\\nfair preponderance of the evidence in the record to find that the\\nsubject committed an act or acts of child abuse or maltreatment, the\\noffice of children and family services shall amend the record as to that\\nrespondent on that allegation to reflect that such a finding was made at\\nthe administrative hearing, order any child protective service which\\ninvestigated the report as to that respondent to similarly amend its\\nrecords of such report, notify the subject of the determination, and\\nnotify the inquiring party that the person about whom such inquiry was\\nmade is not the subject of an indicated report on that allegation.\\n (viii) Upon a determination at the fair hearing that the subject has\\nbeen shown, by a fair preponderance of the evidence to have committed\\nthe act or acts of child abuse or maltreatment giving rise to the\\nindicated report, the hearing officer shall determine, based on\\nguidelines developed by the office of children and family services\\npursuant to subdivision five of this section, whether such act or acts\\nare relevant and reasonably related to the subject being allowed to have\\nregular and substantial contact with children who are cared for by a\\nprovider agency as defined in subdivision three of this section, or\\nrelevant and reasonably related to the approval or disapproval of an\\napplication submitted by the subject to a licensing agency as defined in\\nsubdivision four of this section.\\n (ix) Upon a determination made at a fair hearing that the act or acts\\nof abuse or maltreatment are relevant and reasonably related to the\\nemployment of the subject by a provider agency as defined in subdivision\\nthree of this section, the subject being allowed to have regular and\\nsubstantial contact with children who are cared for by a provider agency\\nas defined in subdivision three of this section, or relevant and\\nreasonably related to the approval or disapproval of an application\\nsubmitted by the subject to a licensing agency as defined in subdivision\\nfour of this section, the office of children and family services shall\\nnotify the subject and shall inform the inquiring party that the person\\nabout whom such inquiry was made is the subject of an indicated report\\nof child abuse or maltreatment.\\n (x) The failure to determine at the fair hearing that the act or acts\\nof abuse or maltreatment are relevant and reasonably related to the\\nemployment of the subject by a provider agency as defined in subdivision\\nthree of this section, the subject being allowed to have regular and\\nsubstantial contact with children who are cared for by a provider agency\\nas defined in subdivision three of this section, or relevant and\\nreasonably related to the approval or disapproval of an application\\nsubmitted by the subject to a licensing agency as defined in subdivision\\nfour of this section, shall preclude the office of children and family\\nservices from informing a provider agency as defined in subdivision\\nthree of this section or licensing agency as defined in subdivision four\\nof this section that such person is the subject of an indicated report\\nof child abuse or maltreatment on that allegation.\\n (f) The office of children and family services shall charge a fee of\\ntwenty-five dollars when it conducts a search of its records within the\\nstatewide central register for child abuse or maltreatment in accordance\\nwith this section or regulations of the office to determine whether an\\napplicant for employment is the subject of an indicated child abuse or\\nmaltreatment report including an applicant to be a child day care\\nprovider and a request made pursuant to subdivision six of this section.\\nSuch fees shall be deposited in a special revenue - other account and\\nshall be made available to the office for costs incurred in the\\nimplementation of this section.\\n (g) The office shall determine actions necessary to develop an\\nautomated search, available for the use of the office, of records at the\\nstatewide central registry of child abuse and maltreatment.\\n 2. (a) Upon notification by the office or by a child care resource and\\nreferral program in accordance with subdivision six of this section that\\nany person who has applied to a licensing agency for a license,\\ncertificate or permit or who seeks to become an employee of a provider\\nagency, or to accept a child for adoptive placement or who will be hired\\nas a consultant or used as a volunteer by a provider agency, or that any\\nother person about whom an inquiry is made to the office pursuant to the\\nprovisions of this section is the subject of an indicated report, the\\nlicensing or provider agency shall determine on the basis of information\\nit has available whether to approve such application or retain the\\nemployee or hire the consultant or use the volunteer or permit an\\nemployee of another person, corporation, partnership or association to\\nhave access to the individuals cared for by the provider agency,\\nprovided, however, that if such application is approved, or such\\nemployee is retained or consultant hired or volunteer used or person\\npermitted to have access to the children cared for by such agency the\\nlicensing or provider agency shall maintain a written record, as part of\\nthe application file or employment record, of the specific reasons why\\nsuch person was determined to be appropriate to receive a foster care or\\nadoption placement or to provide day care services, to be the director\\nof a camp subject to the provisions of article thirteen-B of the public\\nhealth law, to be approved as a successor guardian in accordance with\\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\\nhundred fifty-eight-b of this article, to be employed, to be retained as\\nan employee, to be hired as a consultant, used as a volunteer or to have\\naccess to the individuals cared for by the agency.\\n (b) (i) Upon denial of such application by a licensing or a provider\\nagency or failure to hire the consultant or use the volunteer, or denial\\nof access by a person to the children cared for by the agency, or\\nfailure to approve a successor guardian in accordance with subparagraph\\n(ii) of paragraph (b) of subdivision five of section four hundred\\nfifty-eight-b of this article, such agency shall furnish the applicant,\\nprospective consultant, volunteer or person who is denied access to the\\nchildren cared for by the agency with a written statement setting forth\\nwhether its denial, failure to hire or failure to use was based, in\\nwhole or in part, on such indicated report, and if so, its reasons for\\nthe denial or failure to hire or failure to use.\\n (ii) Upon the termination of employment of an employee of a provider\\nagency, who is the subject of an indicated report of child abuse or\\nmaltreatment on file with the statewide central register of child abuse\\nand maltreatment, the agency shall furnish the employee with a written\\nstatement setting forth whether such termination was based, in whole or\\nin part, on such indicated report and, if so, the reasons for the\\ntermination of employment.\\n (c) If the reasons for such denial or termination or failure to hire a\\nconsultant or use a volunteer or failure to approve a successor guardian\\nin accordance with subparagraph (ii) of paragraph (b) of subdivision\\nfive of section four hundred fifty-eight-b of this article include the\\nfact that the person is the subject of an indicated child abuse or\\nmaltreatment report, such person may request from the department within\\nninety days of receipt of notice of such denial, termination, failure to\\nhire a consultant or use a volunteer and shall be granted a hearing in\\naccordance with the procedures set forth in section twenty-two of this\\nchapter relating to fair hearings. All hearings held pursuant to the\\nprovisions of this subdivision shall be held within thirty days of a\\nrequest for the hearing unless the hearing is adjourned for good cause\\nshown. Any subsequent adjournment for good cause shown shall be granted\\nonly upon consent of the person who requested the hearing. The hearing\\ndecision shall be rendered not later than sixty days after the\\nconclusion of the hearing.\\n (d) At any such hearing, the sole question before the department shall\\nbe whether the applicant, employee, prospective consultant, volunteer,\\nprospective successor guardian or person who was denied access to the\\nchildren cared for by a provider agency has been shown by a fair\\npreponderance of the evidence to have committed the act or acts of child\\nabuse or maltreatment giving rise to the indicated report. In such\\nhearing, the burden of proof on the issue of whether an act of child\\nabuse or maltreatment was committed shall be upon the local child\\nprotective service or the state agency which investigated the report, as\\nthe case may be. The failure to sustain the burden of proof at a hearing\\nheld pursuant to this section shall not result in the expungement or\\nunfounding of an indicated report but shall be noted on the report\\nmaintained by the state central register and shall preclude the\\ndepartment from notifying a party which subsequently makes an inquiry to\\nthe department pursuant to this section that the person about whom the\\ninquiry is made is the subject of an indicated report.\\n (e) Upon the failure, at the fair hearing held pursuant to this\\nsection, to prove by a fair preponderance of the evidence that the\\napplicant committed the act or acts of child abuse or maltreatment\\ngiving rise to the indicated report, the department shall notify the\\nprovider or licensing agency which made the inquiry pursuant to this\\nsection that it should reconsider any decision to discharge an employee,\\nor to deny the subject's application for employment, or to become an\\nadoptive parent, or to become a successor guardian, or for a\\ncertificate, license or permit; or not to hire a consultant, use a\\nvolunteer, or allow access to children cared for by the agency.\\n 3. For purposes of this section, the term \"provider\" or \"provider\\nagency\" shall mean: an authorized agency; the office of children and\\nfamily services; a private, nonprofit incorporated agency that meets the\\nstate office of children and family services program standards for child\\nadvocacy centers; juvenile detention facilities subject to the\\ncertification of the office of children and family services; programs\\nestablished pursuant to article nineteen-H of the executive law;\\nnon-residential or residential programs or facilities licensed or\\noperated by the office of mental health or the office for people with\\ndevelopmental disabilities except family care homes; including head\\nstart programs which are funded pursuant to title V of the federal\\neconomic opportunity act of nineteen hundred sixty-four, as amended;\\nearly intervention service established pursuant to section twenty-five\\nhundred forty of the public health law; preschool services established\\npursuant to section forty-four hundred ten of the education law; special\\nact school districts as enumerated in chapter five hundred sixty-six of\\nthe laws of nineteen hundred sixty-seven, as amended; programs and\\nfacilities licensed by the office of alcoholism and substance abuse\\nservices; residential schools which are operated, supervised or approved\\nby the education department; health homes, or any subcontractor of such\\nhealth homes, who contracts with or is approved or otherwise authorized\\nby the department of health to provide health home services to all those\\nenrolled pursuant to a diagnosis of a developmental disability as\\ndefined in subdivision twenty-two of section 1.03 of the mental hygiene\\nlaw and enrollees who are under twenty-one years of age under section\\nthree hundred sixty-five-l of this chapter, or any entity that provides\\nhome and community based services to enrollees who are under twenty-one\\nyears of age under a demonstration program pursuant to section eleven\\nhundred fifteen of the federal social security act; publicly-funded\\nemergency shelters for families with children, provided, however, for\\npurposes of this section, when the provider or provider agency is a\\npublicly-funded emergency shelter for families with children, then all\\nreferences in this section to the \"potential for regular and substantial\\ncontact with individuals who are cared for by the agency\" shall mean the\\npotential for regular and substantial contact with children who are\\nserved by such shelter; and any other facility or provider agency, as\\ndefined in subdivision four of section four hundred eighty-eight of this\\nchapter, in regard to the employment of staff, or use of providers of\\ngoods and services and staff of such providers, consultants, interns and\\nvolunteers.\\n 4. For purposes of this section, the term \"licensing agency\" shall\\nmean an authorized agency which has received an application to become an\\nadoptive parent or an authorized agency which has received an\\napplication for a certificate or license to receive, board or keep any\\nchild pursuant to the provisions of section three hundred seventy-six or\\nthree hundred seventy-seven of this article or an authorized agency\\nwhich has received an application from a relative within the second\\ndegree or third degree of consanguinity of the parent of a child or a\\nrelative within the second degree or third degree of consanguinity of\\nthe step-parent of a child or children, or the child's legal guardian\\nfor approval to receive, board or keep such child, or an authorized\\nagency that conducts a clearance pursuant to paragraph (d) of\\nsubdivision two of section four hundred fifty-eight-b of this article,\\nor a state or local governmental agency which receives an application to\\nprovide child day care services in a child day care center, school-age\\nchild care program, family day care home or group family day care home\\nor enrolled legally-exempt provider as such term is defined in\\nsubdivision one-a of section three hundred ninety-b of this article\\npursuant to the provisions of section three hundred ninety of this\\narticle, or the department of health and mental hygiene of the city of\\nNew York, when such department receives an application for a certificate\\nof approval to provide child day care services in a child day care\\ncenter pursuant to the provisions of the health code of the city of New\\nYork, or the office of mental health or the office for people with\\ndevelopmental disabilities when such office receives an application for\\nan operating certificate pursuant to the provisions of the mental\\nhygiene law to operate a family care home, or a state or local\\ngovernmental official who receives an application for a permit to\\noperate a camp which is subject to the provisions of article thirteen-B\\nof the public health law or the office of children and family services\\nwhich has received an application for a certificate to receive, board or\\nkeep any child at a foster family home pursuant to articles nineteen-G\\nand nineteen-H of the executive law or any other facility or provider\\nagency, as defined in subdivision four of section four hundred\\neighty-eight of this chapter, in regard to any licensing or\\ncertification function carried out by such facility or agency.\\n 5. (a) The office of children and family services, after consultation\\nwith the justice center for the protection of people with special needs,\\nthe office of mental health, the office for people with developmental\\ndisabilities, the office of alcoholism and substance abuse services, the\\ndepartment of health, and the state education department shall develop\\nguidelines to be utilized by a provider agency, as defined by\\nsubdivision three of this section, and a licensing agency, as defined by\\nsubdivision four of this section, in evaluating persons about whom\\ninquiries are made to the office pursuant to this section who are the\\nsubjects of indicated reports of child abuse and maltreatment, as\\ndefined by subdivision four of section four hundred twelve of this\\nchapter.\\n (b) The guidelines developed pursuant to subdivision one of this\\nsection shall not supersede similar guidelines developed by local\\ngovernmental agencies prior to January first, nineteen hundred\\neighty-six.\\n 6. A child care resource and referral program as defined in\\nsubdivision two of section four hundred ten-p of this article may\\ninquire of the office of children and family services and the office\\nshall, upon receipt of such inquiry and subject to the provisions of\\nparagraph (e) of subdivision one of this section, inform such program\\nand the subject of such inquiry whether any person who has requested and\\nagreed to be included in a list of substitute child day care caregivers\\nfor employment by registered or licensed day care providers maintained\\nby such program in accordance with regulations promulgated by the\\noffice, is the subject of an indicated child abuse and maltreatment\\nreport on file with the statewide central register of child abuse and\\nmaltreatment. Inquiries made to the office by such programs pursuant to\\nthis subdivision shall be made no more often than once in any six month\\nperiod and no less often than once in any twelve month period.\\nNotwithstanding any provision of law to the contrary, a child care\\nresource and referral program may redisclose such information only if\\nthe purpose of such redisclosure is to respond to a request for such\\ninformation by a registered or licensed provider and only if after an\\nindividual included in the list of substitute child day care caregivers\\nfor employment by registered or licensed day care providers has\\nconsented to be referred for employment to such inquiring agency. Upon\\nsuch referral, the provisions related to notice and fair hearing rights\\nof this section shall otherwise apply. Inquiries made pursuant to this\\nsubdivision shall be in lieu of the inquiry requirements set forth in\\nparagraph (b) of subdivision one of this section.\\n 7. Any facility, provider agency, or program that is required to\\nconduct an inquiry pursuant to section four hundred ninety-five of this\\nchapter shall first conduct the inquiry required under such section. If\\nthe result of the inquiry under section four hundred ninety-five of this\\nchapter is that the person about whom the inquiry is made is on the\\nregister of substantiated category one cases of abuse or neglect and the\\nfacility or provider agency is required to deny the application in\\naccordance with article eleven of this chapter, the facility or provider\\nagency shall not be required to make an inquiry of the office under this\\nsection.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "424-B", "title" : "Children in the care of certain public and private agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "424-B", "activeDate" : "2014-09-22", "sequenceNo" : 615, "repealedDate" : null, "fromSection" : "424-B", "toSection" : "424-B", "text" : " § 424-b. Children in the care of certain public and private agencies.\\nNotwithstanding any inconsistent provisions of law, when a report of\\nchild abuse or maltreatment involves a child being cared for in a home\\noperated or supervised by an authorized agency or the office of children\\nand family services, such report shall be accepted and maintained by the\\noffice of children and family services and shall be referred for the\\npurposes of conducting an investigation to the appropriate staff within\\nthe office of children and family services where the child is in the\\ncare of such agency; and where the child is in a home operated or\\nsupervised by an authorized agency, to the social services district\\nwherein such home is located. The office or social services district\\nreceiving such referral shall undertake an appropriate investigation of\\nthe report, in accordance with the terms and conditions set forth in\\nthis title. Any person who is alleged to have abused or maltreated a\\nchild in a report accepted and referred pursuant to this section shall\\nbe accorded the procedural rights set forth in section four hundred\\ntwenty-two and in subdivision six of section four hundred twenty-four of\\nthis title. Nothing in this section shall impose any duty or\\nresponsibility on any child protective service pursuant to section four\\nhundred twenty-two, four hundred twenty-four or any other provision of\\nthis article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "425", "title" : "Cooperation of other agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "425", "activeDate" : "2014-09-22", "sequenceNo" : 616, "repealedDate" : null, "fromSection" : "425", "toSection" : "425", "text" : " § 425. Cooperation of other agencies. 1. To effectuate the purposes of\\nthis title, the commissioner may request and shall receive from\\ndepartments, boards, bureaus, or other agencies of the state, or any of\\nits political subdivisions, or any duly authorized agency, or any other\\nagency providing services under the local child protective services plan\\nsuch assistance and data as will enable the department and local child\\nprotective services to fulfill their responsibilities properly. Nothing\\ncontained in this subdivision shall limit the department's authority\\nunder sections three hundred seventy-two, four hundred sixty-c and four\\nhundred sixty-e of this chapter to access the records of authorized\\nagencies.\\n 2. The department, after consultation with the division for youth, the\\ndivision of criminal justice services, the department of mental hygiene,\\nthe commission on quality of care for the mentally disabled and the\\nstate education department shall develop guidelines to be utilized by\\nappropriate state and local governmental agencies and authorized\\nagencies as defined by subdivision ten of section three hundred\\nseventy-one of this article which have responsibility for the care and\\nprotection of children, in evaluating persons who have a criminal\\nconviction record and who have applied to such agencies or provider\\nagencies, as defined in subdivision three of section four hundred\\ntwenty-four-a of this title for employment or who have applied to such\\nstate agencies or licensing agency as defined in subdivision four of\\nsection four hundred twenty-four-a of this title, for a license,\\ncertificate, permit or approval to be an adoptive parent, provider of\\nday care services in a day care center, family day care home or group\\nfamily day care home, an operator of a camp subject to the provisions of\\narticle thirteen-B of the public health law, or an operator of a foster\\nfamily home subject to the provisions of subdivision seven of section\\nfive hundred one, section five hundred two or subdivision three of\\nsection five hundred thirty-two-a of the executive law or section three\\nhundred seventy-six and three hundred seventy-seven of this article.\\n 3. The guidelines developed pursuant to subdivision two of this\\nsection shall not supercede any similar guidelines developed by local\\ngovernmental agencies prior to January first, nineteen hundred\\neighty-six.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "426", "title" : "Annual reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "426", "activeDate" : "2014-09-22", "sequenceNo" : 617, "repealedDate" : null, "fromSection" : "426", "toSection" : "426", "text" : " § 426. Annual reports. The commissioner shall prepare for inclusion in\\nthe annual report required by subdivision (d) of section seventeen of\\nthis chapter to be filed with the governor and the legislature prior to\\nDecember fifteenth of each year, a report on the operations of the state\\ncentral register of child abuse and maltreatment and the various local\\nchild protective services. The report shall include a full statistical\\nanalysis of the reports made to the central register together with a\\nreport on the implementation of this title, his or her evaluation of\\nservices offered under this chapter and his or her recommendations for\\nadditional legislation to fulfill the purposes of this title. Such\\nreport shall indicate the number of child abuse and maltreatment reports\\nand cases received by the statewide central register of child abuse and\\nmaltreatment by each district in the preceding year, the number of such\\ncases determined to have been indicated and the number of such cases\\ndetermined to be unfounded by each district in the preceding year, the\\nnumber of such cases which have not been indicated or unfounded within\\nthe time period required by subdivision seven of section four hundred\\ntwenty-four of this article by each district in the preceding year and\\nthe number of workers assigned to the child protective service in each\\ndistrict in the preceding year. Such report shall include, among other\\ninformation, available demographic information and available information\\nconcerning the racial and ethnic characteristics of the family members\\nand persons served by the differential response program pursuant to\\nsection four hundred twenty-seven-a of the social services law, as well\\nas available information concerning the racial and ethnic\\ncharacteristics of the family members and persons serviced under the\\ntraditional child protective services program, in each local social\\nservices district in the state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "427", "title" : "Regulations of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "427", "activeDate" : "2014-09-22", "sequenceNo" : 618, "repealedDate" : null, "fromSection" : "427", "toSection" : "427", "text" : " § 427. Regulations of the commissioner. 1. The commissioner shall\\nadopt regulations necessary to implement this title.\\n 2. The commissioner shall establish, by regulation, standards and\\ncriteria under which the child protective service of the appropriate\\nlocal department of social services as petitioner in abuse and neglect\\nproceedings pursuant to article ten of the family court act shall not\\nconsent to an order pursuant to section one thousand thirty-nine of the\\nfamily court act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "427-A", "title" : "Differential response programs for child protection assessments or investigations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "427-A", "activeDate" : "2014-09-22", "sequenceNo" : 619, "repealedDate" : null, "fromSection" : "427-A", "toSection" : "427-A", "text" : " § 427-a. Differential response programs for child protection\\nassessments or investigations. 1. Any social services district may,\\nupon the authorization of the office of children and family services,\\nestablish a program that implements differential responses to reports of\\nchild abuse and maltreatment. Such programs shall create a family\\nassessment and services track as an alternative means of addressing\\ncertain matters otherwise investigated as allegations of child abuse or\\nmaltreatment pursuant to this title. Notwithstanding any other provision\\nof law to the contrary, the provisions of this section shall apply only\\nto those cases involving allegations of abuse or maltreatment in family\\nsettings expressly included in the family assessment and services track\\nof the differential response program, and only in those social services\\ndistricts authorized by the office of children and family services to\\nimplement a differential response program. Such cases shall not be\\nsubject to the requirements otherwise applicable to cases reported to\\nthe statewide central register of child abuse and maltreatment pursuant\\nto this title, except as set forth in this section.\\n 2. Any social services district interested in implementing a\\ndifferential response program shall apply to the office of children and\\nfamily services for permission to participate. The criteria for a social\\nservices district to participate will be determined by the office of\\nchildren and family services after consultation with the office for the\\nprevention of domestic violence, however the social services district's\\napplication must include a plan setting forth the following:\\n (a) in conjunction with any additional requirements imposed by the\\noffice of children and family services and the provisions of this\\nsubdivision, the factors to be considered by the social services\\ndistrict in determining which cases will be addressed through the family\\nassessment and services track and the size of the population to be the\\nsubject of the differential response program;\\n (b) the types of services and interventions to be provided to families\\nincluded in the family assessment and services track and a description\\nof how the services will be offered;\\n (c) a description of the process to be followed for planning and\\nmonitoring the services provided under the family assessment and\\nservices track;\\n (d) a description of how the principles of family involvement and\\nsupport consistent with maintaining the safety of the child will be\\nimplemented in the family assessment and services track;\\n (e) a description of how the differential response program will\\nenhance the ability of the district to protect children, maintain the\\nsafety of children and preserve families;\\n (f) a description of how the district will reduce the involvement of\\ngovernment agencies with families and maintain the safety of children\\nthrough the use of community resources;\\n (g) a description of the staff resources proposed to be used in the\\nfamily assessment and services track, including the proposed staff\\nworkloads and qualifications;\\n (h) a description of the training that will be provided to district\\nand any non-district staff to be used in the differential response\\nprogram including, but not limited to, a description of the training\\ninvolving maintaining the safety and well-being of children and any\\ncross training planned for family assessment and investigative staff;\\n (i) a description of the community resources that are proposed to be\\nused in the family assessment and services track;\\n (j) a description of any additional funding that may be utilized to\\nenhance the differential response program; and\\n (k) a description of the protocol to be followed for handling cases\\nwhere domestic violence is present in order to maintain the safety of\\nthe child through the family assessment and services track.\\n 3. The criteria for determining which cases may be placed in the\\nassessment track shall be determined by the local department of social\\nservices, in conjunction with the office of children and family services\\nand after consultation with the office for the prevention of domestic\\nviolence. Provided, however, that reports including any of the following\\nallegations shall not be included in the assessment track of a\\ndifferential response program:\\n (a) reports alleging that the subject committed or allowed to be\\ncommitted an offense defined in article one hundred thirty of the penal\\nlaw;\\n (b) reports alleging that the subject allowed, permitted or encouraged\\na child to engage in any act described in sections 230.25, 230.30 and\\n230.32 of the penal law;\\n (c) reports alleging that the subject committed any of the acts\\ndescribed in section 255.25, 255.26 or 255.27 of the penal law;\\n (d) reports alleging that the subject allowed a child to engage in\\nacts or conduct described in article two hundred sixty-three of the\\npenal law;\\n (e) reports alleging that the subject committed assault in the first,\\nsecond or third degree against a child;\\n (f) reports alleging that the subject committed or attempted to commit\\nmurder or manslaughter in the first or second degree;\\n (g) reports alleging that the subject abandoned a child pursuant to\\nsubdivision five of section three hundred eighty-four-b of this article;\\n (h) reports alleging that the subject has subjected a child to severe\\nor repeated abuse as those terms are defined in paragraphs (a) and (b)\\nof subdivision eight of section three hundred eighty-four-b of this\\narticle; and\\n (i) reports alleging that the subject has neglected a child so as to\\nsubstantially endanger the child's physical or mental health, including\\na growth delay, which may be referred to as failure to thrive, that has\\nbeen diagnosed by a physician and is due to parental neglect.\\n 4. The following procedures shall be followed for all cases included\\nin the family assessment and services track:\\n (a) Reports taken at the statewide central register of child abuse and\\nmaltreatment shall be transmitted to the appropriate local child\\nprotective service.\\n (b) A social services district permitted by the office of children and\\nfamily services to participate in the implementation of a differential\\nresponse program shall, consistent with the criteria developed pursuant\\nto subdivision three of this section, identify those reports which are\\ninitially eligible to be included in the family assessment and services\\ntrack.\\n (c) For those reports which are included in the family assessment and\\nservices track, the social services district shall not be subject to the\\nrequirements of this title concerning initial investigation of reports\\nof suspected abuse and maltreatment of children, including notification\\nrequirements. For reports assigned to the family assessment and services\\ntrack, the social services district shall be responsible for ensuring\\nthat the children are safe in their homes. Such safety assessment shall\\nbe commenced within twenty-four hours of receipt of the report and\\ncompleted within seven days. Based on the initial safety assessment, the\\ndistrict shall determine if the report shall continue under the family\\nassessment and services track. This safety assessment must be documented\\nin the manner specified by the office of children and family services.\\nShould the children be found to be safe in the home, the social services\\ndistrict shall then identify service needs and family issues, if any,\\nthat should be addressed.\\n (i) Where the social services district determines, based on the\\ninitial safety assessment, that the report is appropriate to be included\\nin the family assessment and services track, the social services\\ndistrict shall document the reason for that determination in the initial\\nsafety assessment and inform the statewide central register of child\\nabuse and maltreatment that the report is part of the family assessment\\nand services track and request that the records of the statewide central\\nregister of child abuse and maltreatment of such report be classified as\\nan assessment track case and be legally sealed. Such sealed reports\\nshall be maintained at the statewide central register of child abuse and\\nmaltreatment for ten years after the report was made. Access to reports\\nassigned to, and records created under the family assessment and\\nservices track and information concerning such reports and records is\\ngoverned by paragraph (d) of subdivision five of this section.\\n (ii) Where the social services district determines, based on the\\ninitial safety assessment, to investigate the report as a report of\\nsuspected child abuse or maltreatment, the social services district\\nshall document the reason for that decision in the initial safety\\nassessment. Where the social services district makes the determination\\nto investigate the report, all of the requirements of this title\\nconcerning investigations of reports of suspected child abuse and\\nmaltreatment shall apply, including the notification requirements. The\\nreport shall no longer be eligible to be included in the family\\nassessment and services track.\\n (d) Where the social services district has determined that a case is\\nappropriate to be included in the family assessment and services track,\\nthe district's activities shall include, at a minimum, the following:\\n (i) the provision of written notice to each parent, guardian or other\\nperson legally responsible for the child or children participating in\\nthe family assessment and services track explaining that it is the\\nintent of the social services district to meet the needs of the family\\nwithout engaging in a traditional child protective services\\ninvestigation. The notice shall also explain that the workers assisting\\nthe family in the family assessment and services track are mandated\\nreporters who are required to report suspected child abuse or\\nmaltreatment and that those workers are required to report new\\ninformation that they receive in their work with the family if that\\ninformation gives them reasonable cause to suspect that a child in the\\nfamily is an abused or maltreated child;\\n (ii) an examination, with the family, of the family's strengths,\\nconcerns and needs;\\n (iii) where appropriate, an offer of assistance which shall include\\ncase management that is supportive of family stabilization;\\n (iv) the planning and provision of services responsive to the service\\nneeds of the family; and\\n (v) an on-going joint evaluation and assessment of the family's\\nprogress including ongoing, periodic assessments of risk to the child.\\n (e) After the social services district has received a report of\\nsuspected maltreatment and determined that the report is initially\\neligible to be included in the family assessment and services track,\\npursuant to paragraph (b) of this subdivision, the activities described\\nin paragraphs (c) and (d) of this subdivision may be performed by the\\nsocial services district directly or through any other method currently\\nutilized by social services districts to obtain preventive services for\\nchildren and families. If a community-based agency determines, pursuant\\nto subparagraph (ii) of paragraph (c) of this subdivision, that a report\\nmust be investigated as a case of suspected child abuse or maltreatment,\\nthe community-based agency shall so inform the social services district,\\nwhich shall then become responsible for conducting the child protective\\nservices investigation in accordance with the requirements of this\\ntitle.\\n (f) A report selected for inclusion in the demonstration project shall\\ncease to be eligible for inclusion in the demonstration project if at\\nany time in the course of providing services the district or\\ncommunity-based agency finds that:\\n (i) there is evidence of child abuse, including sexual abuse; or\\n (ii) the parent or parents refuse to cooperate with the district or\\ncommunity-based agency in developing or implementing a plan to address\\nthe family problems or issues and there is evidence of maltreatment of a\\nchild.\\n (g) Where the district finds or is advised by a community-based\\nagency, subsequent to the completion of the initial safety assessment\\nand after the report is legally sealed, that the report is no longer\\neligible for inclusion in the demonstration project pursuant to\\nparagraph (f) of this subdivision, the district shall contact the\\nstatewide central register of child abuse and maltreatment and make a\\nnew report of suspected child abuse or maltreatment pursuant to section\\nfour hundred thirteen of this title.\\n (h) Where a report has been included in the family assessment and\\nservices track and a subsequent report involving the family is made to\\nthe statewide central register of child abuse and maltreatment, and such\\nsubsequent report is not eligible for inclusion in the family assessment\\nand services track, the local child protective services, in conducting\\nits investigation, shall work cooperatively with any district or\\ncommunity-based agency staff that are already working with the family to\\nminimize to the extent practicable the chance that existing services\\nbeing provided to the family will be disrupted and to maximize to the\\nextent practicable the coordination of the existing services being\\nprovided to the family with any new services to be provided to the\\nfamily.\\n 5. (a) Cases included in the family assessment and services track\\nshall not be subject to the requirements of section four hundred nine-e\\nor four hundred nine-f of this article.\\n (b) All records created as part of the family assessment and services\\ntrack shall include, but not be limited to, documentation of the initial\\nsafety assessment, the examination of the family's strengths, concerns\\nand needs, all services offered and accepted by the family, the plan for\\nsupportive services for the family, all evaluations and assessments of\\nthe family's progress, and all periodic risk assessments.\\n (c) Records created under the family assessment and services track\\nshall be maintained for ten years after the report initiating the case\\nat the statewide central register was made.\\n (d) All reports assigned to, and records created under, the family\\nassessment and services track, including but not limited to reports made\\nor written as well as any other information obtained or photographs\\ntaken concerning such reports or records shall be confidential and shall\\nbe made available only to:\\n (i) staff of the office of children and family services and persons\\ndesignated by the office of children and family services;\\n (ii) the social services district responsible for the family\\nassessment and services track case;\\n (iii) community-based agencies that have contracts with the social\\nservices district to carry out activities for the district under the\\nfamily assessment and services track;\\n (iv) providers of services under the family assessment and services\\ntrack;\\n (v) any social services district investigating a subsequent report of\\nabuse or maltreatment involving the same subject or the same child or\\nchildren named in the report;\\n (vi) a court, but only while the family is receiving services provided\\nunder the family assessment and services track and only pursuant to a\\ncourt order or judicial subpoena, issued after notice and an opportunity\\nfor the subject of the report and all parties to the present proceeding\\nto be heard, based on a judicial finding that such reports, records, and\\nany information concerning such reports and records, are necessary for\\nthe determination of an issue before the court. Such reports, records\\nand information to be disclosed pursuant to a judicial subpoena shall be\\nsubmitted to the court for inspection and for such directions as may be\\nnecessary to protect confidentiality, including but not limited to\\nredaction of portions of the reports, records, and information and to\\ndetermine any further limits on redisclosure in addition to the\\nlimitations provided for in this title. A court shall not have access to\\nthe sealed family assessment and services reports, records, and any\\ninformation concerning such reports and records, after the conclusion of\\nservices provided under the family assessment and services track; and\\n (vii) the subject of the report included in the records of the family\\nassessment and services track.\\n (e) Persons given access to sealed reports, records, and any\\ninformation concerning such reports and records, pursuant to paragraph\\n(d) of this subdivision shall not redisclose such reports, records and\\ninformation except as follows:\\n (i) the office of children and family services and social services\\ndistricts may disclose aggregate, non-client identifiable information;\\n (ii) social services districts, community-based agencies that have\\ncontracts with a social services district to carry out activities for\\nthe district under the family assessment and services track, and\\nproviders of services under the family assessment and services track,\\nmay exchange such reports, records and information concerning such\\nreports and records as necessary to carry out activities and services\\nrelated to the same person or persons addressed in the records of a\\nfamily assessment and services track case;\\n (iii) the child protective service of a social services district may\\nunseal a report, record and information concerning such report and\\nrecord of a case under the family assessment and services track in the\\nevent such report, record or information is relevant to a subsequent\\nreport of suspected child abuse or maltreatment. Information from such\\nan unsealed report or record that is relevant to the subsequent report\\nof suspected child abuse and maltreatment may be used by the child\\nprotective service for purposes of investigation and family court action\\nconcerning the subsequent report and may be included in the record of\\nthe investigation of the subsequent report. If the social services\\ndistrict initiates a proceeding under article ten of the family court\\nact in connection with such a subsequent report of suspected child abuse\\nand maltreatment and there is information in the report or record of a\\nprevious case under the family assessment and services track that is\\nrelevant to the proceeding, the social services district shall include\\nsuch information in the record of the investigation of the subsequent\\nreport of suspected child abuse or maltreatment and shall make that\\ninformation available to the family court and the other parties for use\\nin such proceeding provided, however, that the information included from\\nthe previous case under the family assessment and services track shall\\nthen be subject to all laws and regulations regarding confidentiality\\nthat apply to the record of the investigation of such subsequent report\\nof suspected child abuse or maltreatment. The family court may consider\\nthe information from the previous case under the family assessment and\\nservices track that is relevant to such proceeding in making any\\ndeterminations in the proceeding; and\\n (iv) a subject of the report may, at his or her discretion, present a\\nreport, records and information concerning such report and records from\\nthe family assessment and services track case, in whole or in part, in\\nany proceeding under article ten of the family court act in which the\\nsubject is a respondent. A subject of the report also may, at his or her\\ndiscretion, present a report, records and information concerning such\\nreport and records from the family assessment and services track, in\\nwhole or in part, in any proceeding involving the custody of, or\\nvisitation with the subject's children, or in any other relevant\\nproceeding. In making any determination in such a proceeding, the court\\nmay consider any portion of the family assessment and service track\\nreport, records and any information concerning such report and records\\npresented by the subject of the report that is relevant to the\\nproceeding. Nothing in this subparagraph, however, shall be interpreted\\nto authorize a court to order the subject to produce such report,\\nrecords or information concerning such report and records, in whole or\\nin part.\\n 6. Expenditures by a social services district pursuant to this section\\nshall be reimbursable from the annual appropriations available for\\nsocial services district expenditures for child welfare services which\\nshall include, but not be limited to, preventive services provided\\npursuant to section four hundred nine-a of this article, child\\nprotective services, independent living services and any other\\nappropriation made specifically to support these differential response\\nprograms. Nothing shall preclude a social services district from seeking\\nprivate funds for support of their differential response programs.\\n 7. The office of children and family services shall post the plan\\ncontained in any application approved for implementation of a\\ndifferential response program on the office of children and family\\nservices website within sixty days of such approval.\\n 8. The office of children and family services shall report on the\\ndifferential response programs established pursuant to this section as\\npart of the annual report required pursuant to section four hundred\\ntwenty-six of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "428", "title" : "Separability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "428", "activeDate" : "2014-09-22", "sequenceNo" : 620, "repealedDate" : null, "fromSection" : "428", "toSection" : "428", "text" : " § 428. Separability. If any provision of this title or the\\napplication thereof to any person or circumstances is held to be\\ninvalid, the remainder of the act and the application of such provision\\nto other persons or circumstances shall not be affected thereby.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 25 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T6-A", "title" : "Home Visiting", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "6-A", "activeDate" : "2014-09-22", "sequenceNo" : 621, "repealedDate" : null, "fromSection" : "429", "toSection" : "429", "text" : " TITLE 6-A\\n HOME VISITING\\nSection 429. Home visiting.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "429", "title" : "Home visiting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-11-29", "2020-02-28" ], "docLevelId" : "429", "activeDate" : "2020-02-28", "sequenceNo" : 622, "repealedDate" : null, "fromSection" : "429", "toSection" : "429", "text" : " § 429. Home visiting. 1. In accordance with a plan developed by the\\noffice of children and family services and approved by the director of\\nthe budget and within the amounts which the director of the budget\\ndetermines should be made available therefor, such office, in\\nconjunction with the department of health, is authorized to issue grants\\nfor home visiting programs to prevent child abuse and maltreatment,\\nenhance positive parent child interactions, increase healthy outcomes\\nfor families and empower families to develop and achieve their\\nself-sufficiency goals. To the extent that federal funds are used to\\nsupport home visiting programs, such programs must be operated in\\naccordance with all applicable federal laws and regulations. To the\\nextent possible and appropriate, funding for the home visiting program\\nshall be coordinated with other available funding to maximize the\\neffective use of federal, state and local moneys and to promote the\\nprogram's purposes.\\n 2. Each home visiting program funded under this section shall include,\\nbut not be limited to, the following activities:\\n (a) providing screening of families in the targeted geographical area\\nupon the birth of a child and prenatally, if possible;\\n (b) engaging those expectant parents and families with an infant\\ndetermined to be at risk of child abuse or maltreatment and/or poor\\nhealth outcomes to participate in the home visiting program;\\n (c) providing home visits by nurses or by community workers under the\\nsupervision of a health or social services professional to those at risk\\nexpectant parents and families who choose to participate in the program;\\n (d) requiring the home visitors to:\\n (i) assist parents in learning about child development principles;\\n (ii) assist parents in accessing appropriate preventive health care\\nfor their children and themselves; and\\n (iii) link the families to other supports and activities in the\\ncommunity;\\n (e) determining the frequency of the home visiting services provided\\nto each participating family based on the family's needs;\\n (f) continuing home visits for a particular family until the child\\nenters school or a head start program, when necessary; and\\n (g) assisting families to develop and obtain the necessary supports to\\nachieve their self-sufficiency goals.\\n 3. A request for proposals shall be issued to solicit applications for\\nhome visiting programs. Priority for funding shall be given to\\napplicants from communities identified as high need by such factors as\\npoverty rates, rates of adolescent pregnancy, rates of child abuse and\\nmaltreatment, immunization rates and infant mortality rates.\\n 4. Not-for-profit organizations and local public agencies such as\\ncommunity-based organizations, family resource centers, local health\\ndepartments, local social services departments, schools, hospitals and\\nother health agencies shall be eligible to apply for the grants\\navailable pursuant to this section.\\n 5. Each applicant shall demonstrate among other things:\\n (a) a working relationship with the applicable local departments of\\nhealth and social services and key services providers in the community;\\n (b) the commitment of local hospitals, prenatal clinics and early\\nintervention programs servicing families in the targeted geographical\\narea to promote the effective screening of families so that the program\\ncan be offered to the maximum number of at-risk expectant parents and\\nfamilies possible;\\n (c) its administrative and fiscal viability and the community's\\nsupport for the home visiting program; and\\n (d) how the home visiting program would be integrated with other\\navailable services, programs and funding streams.\\n 6. The commissioner of the office of children and family services\\nshall establish policies governing enrollees' rights and\\nconfidentiality, and each home visiting program shall, in accordance\\nwith such policies, inform enrollees of their rights, and of such\\npolicies governing confidentiality.\\n 7. The office of children and family services shall submit to the\\ngovernor and the legislature by December first, two thousand, and every\\nthree years thereafter, a report which shall include a review of all the\\nhome visiting programs funded under this section; and comments and\\nrecommendations based on a comprehensive evaluation regarding the most\\neffective models for providing home visiting services and statutory\\nchanges which could improve the state's ability to prevent child abuse\\nand maltreatment, improve healthy outcomes for families and empower\\nfamilies to develop and obtain their self-sufficiency goals.\\n 8. Any home visiting program that meets the criteria delineated in\\nthis section as determined by factors set by the office of children and\\nfamily services and the department of health, regardless of whether such\\nprogram contracts with or receives funding from the state, may provide\\nthe necessary information to such offices as is required by subdivision\\n(i) of section seventeen of this chapter or paragraph (w) of subdivision\\none of section two hundred one of the public health law in order for\\ntheir program to be made available on the internet mapping resource\\nmaintained by the council on children and families pursuant to section\\nfour hundred eighty-three-h of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T7", "title" : "Day Services For Children and Families", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "7", "activeDate" : "2014-09-22", "sequenceNo" : 623, "repealedDate" : null, "fromSection" : "430", "toSection" : "434", "text" : " TITLE 7\\n DAY SERVICES FOR CHILDREN AND FAMILIES\\nSection 430. Day services; when social services official may furnish.\\n 431. Licensure.\\n 432. State reimbursement; standards of payment.\\n 433. Other state funding sources.\\n 434. Funding limitations.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "430", "title" : "Day services; when social services official may furnish", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "430", "activeDate" : "2014-09-22", "sequenceNo" : 624, "repealedDate" : null, "fromSection" : "430", "toSection" : "430", "text" : " § 430. Day services; when social services official may furnish. 1.\\nIn order to preserve and stabilize family life, to prevent the need for\\nplacement of children outside their homes, and to enable children in\\nfoster care to return to their families as expeditiously as possible, a\\nsocial services official is authorized to provide day services at public\\nexpense to children and their families residing in his territory,\\npursuant to the provisions of this title.\\n 2. Day services may be provided in cases where the social services\\nofficial has determined that such services would promote or accomplish\\none or more of the following objectives:\\n (a) to avert a risk of serious impairment or disruption of a family\\nunit which would result in the placement of a child outside his own\\nhome;\\n (b) to enable a child who has been placed in a child care institution\\nor other group care facility to be placed in a foster care setting more\\nclosely oriented to community or family life;\\n (c) to enable a child who has been placed in foster care to return to\\nhis family at an earlier time than would otherwise be possible.\\n 3. If the child's family is able to pay part or all of the costs of\\nday services, such family shall be required to pay such fees therefor as\\nmay be reasonable in the light of such ability pursuant to regulations\\nof the department.\\n 4. Day services may be provided by a social services official either\\ndirectly or through purchase. Purchase of such services may be made\\nonly from a private non-profit corporation or association, except when\\nthe commissioner shall have approved the purchase of such services from\\na private proprietary facility by a social services official who has\\ndemonstrated a lack of conveniently accessible non-profit facilities\\nthat are adequate to provide the required services.\\n 5. As used in this title, \"day services\" shall mean care and\\ntreatment for part of the day of one or more children under eighteen\\nyears of age and their families in a program which provides to such\\nchildren and families in accordance with their needs various services\\nsuch as psychiatric, psychological, social casework, educational,\\nvocational, health, transportation and such other services as may be\\nappropriate. Such services shall be provided in accordance with program\\nstandards promulgated by the department. Day services may be continued\\nafter the eighteenth birthday of a child in the care of an authorized\\nagency and until he becomes twenty-one years of age. Day services shall\\nnot be provided to any children and their families for periods in excess\\nof one year, without the approval of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "431", "title" : "Licensure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "431", "activeDate" : "2014-09-22", "sequenceNo" : 625, "repealedDate" : null, "fromSection" : "431", "toSection" : "431", "text" : " § 431. Licensure. 1. No place, person, association, corporation,\\ninstitution or agency shall operate a day services program without first\\nobtaining a permit issued therefor by the department, or otherwise than\\nin accordance with the terms of such permit and with the regulations of\\nthe department.\\n 2. The department shall promulgate regulations specifying the\\nprocedures for obtaining a permit required pursuant to this section and\\nenumerating the documentation needed for such a permit. The regulations\\nshall also include program standards which the department shall develop\\nwith the advice of the board of social welfare, the department of mental\\nhygiene and the department of education. An application for a permit\\npursuant to this section shall include full information regarding the\\napplicant's efforts to secure funding for its day services program. The\\ndepartment shall advise and otherwise assist the applicant in obtaining\\nfunds where such funds may be available under the provisions of this and\\nany other law.\\n 3. The department shall not issue a permit for the operation of a day\\nservices program which includes the provision of care, treatment or\\nservices requiring licensure or any other form of approval from or by\\nanother state agency or official, unless such license or approval has\\nbeen obtained. There shall be such cooperative and coordinated\\narrangements between and among the department and the state departments\\nof mental hygiene and education and other appropriate state departments\\nand agencies as shall be necessary to assure that applications for\\nrequired licenses or other forms of approval will be processed\\nexpeditiously.\\n 4. Before any permit issued pursuant to this section is suspended or\\nrevoked, or when an application for such permit is denied, the applicant\\nor holder of the permit shall be entitled, pursuant to the regulations\\nof the department, to a hearing before the department. However, a\\npermit may be temporarily suspended or limited without a hearing for a\\nperiod not in excess of thirty days upon written notice to the holder of\\nthe permit following a finding that the public health, or any\\nindividual's health, safety or welfare, is in imminent danger.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "432", "title" : "State reimbursement; standards of payment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "432", "activeDate" : "2014-09-22", "sequenceNo" : 626, "repealedDate" : null, "fromSection" : "432", "toSection" : "432", "text" : " § 432. State reimbursement; standards of payment. 1. (a)\\nExpenditures made by social services officials for day services programs\\nand their administration pursuant to the provisions of this title shall,\\nif approved by the department, be subject to reimbursement by the state,\\nin accordance with the regulations of the department as follows: there\\nshall be paid to each social services district (1) the amount of federal\\nfunds, if any, properly received or to be received on account of such\\nexpenditures; (2) fifty per centum of allowable expenditures for day\\nservices and its administration, after first deducting therefrom any\\nfederal funds properly received or to be received on account thereof and\\nthe amount of any fees paid to the social services official for day\\nservices. The local government share of the cost of day services may be\\nmet in whole or in part by donated private funds, exclusive of in-kind\\nservices.\\n (b) For purposes of this title, expenditures for administration of\\nday services shall include expenditures for compensation of employees in\\nconnection with the furnishing of day services, including but not\\nlimited to costs incurred for pensions, federal old age and survivors\\ninsurance and health insurance for such employees; training programs for\\npersonnel, operation, maintenance and service costs; and such other\\nexpenditures as equipment costs, depreciation and charges and rental\\nvalues as may be approved by the department. It shall not include\\nexpenditures for capital costs.\\n 2. The department shall, after consultation with appropriate state\\nagencies and with the approval of the the director of the budget,\\npromulgate regulations establishing standards of payment for day\\nservices provided children with public financial support. Such\\nstandards of payment shall include the services required to be provided\\nto the child and his family and the cost of such services. When the\\ndepartment has established such standards, reimbursement under this\\nsection shall be limited in accordance with such standards.\\n 3. (a) Claims for state reimbursement shall be made in such form and\\nmanner and at such times and for such periods as the department shall\\ndetermine.\\n (b) When certified by the department, state reimbursement shall be\\npaid from the state treasury upon the audit and warrant of the\\ncomptroller out of funds made available therefor.\\n 4. Payment of state reimbursement shall be made to local fiscal\\nofficers as in the case of state reimbursement for public assistance and\\ncare under other provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "433", "title" : "Other state funding sources", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "433", "activeDate" : "2014-09-22", "sequenceNo" : 627, "repealedDate" : null, "fromSection" : "433", "toSection" : "433", "text" : " § 433. Other state funding sources. 1. Prior to purchasing day\\nservices pursuant to section four hundred thirty, a social services\\nofficial shall inquire of the department, and the department shall\\ninform him, as to the available funding sources, if any, of which the\\nday services facility was advised pursuant to subdivision two of section\\nfour hundred thirty-one. The social services official shall not\\npurchase services from the day services facility until he has determined\\nthat the facility has cooperated with the department in efforts to\\nobtain funding from all available sources.\\n 2. No state agency or official with authority, pursuant to this or\\nany other law, to provide financial assistance for care, treatment or\\nservices which may be included in a day services program shall deny or\\nreduce such assistance on the ground that such assistance is available\\nunder this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "434", "title" : "Funding limitations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "434", "activeDate" : "2014-09-22", "sequenceNo" : 628, "repealedDate" : null, "fromSection" : "434", "toSection" : "434", "text" : " § 434. Funding limitations. Notwithstanding any other provisions of\\nthis chapter the total amount of reimbursement to social services\\ndistricts pursuant to this title shall be limited to the amount of the\\nannual appropriation made by the legislature for preventive services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T8", "title" : "State Child Care Review Service", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 629, "repealedDate" : null, "fromSection" : "440", "toSection" : "446", "text" : " TITLE 8\\n STATE CHILD CARE REVIEW SERVICE\\nSection 440. Findings; purpose.\\n 441. Definitions.\\n 442. Child care review service; establishment, operations and\\n procedure.\\n 443. Advisory committee.\\n 444. Confidentiality of records; related matters.\\n 445. Funding.\\n 446. Statewide automated child welfare information system.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "440", "title" : "Findings; purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "440", "activeDate" : "2014-09-22", "sequenceNo" : 630, "repealedDate" : null, "fromSection" : "440", "toSection" : "440", "text" : " § 440. Findings; purpose. 1. The legislature finds that children\\nwho are in care away from their own homes on a full time basis, whether\\ntemporarily or for a prolonged period, require effective supervision and\\nreview of their status in care and of the plans for them. It is the\\npolicy of the state of New York to assure that such children are\\nappropriately placed, that needed services are provided to them and\\ntheir families, and that unnecessary and prolonged placements are\\navoided. The legislature further finds that this policy is often\\nfrustrated, and fiscal and program accountability have not been promoted\\nbecause of divergent and overlapping jurisdictions of various government\\nand private agencies; the lack of coordination among programs of these\\nagencies; and the excessive workloads of judicial personnel, social\\nservices workers, and others responsible for reviewing the status in\\ncare of these children.\\n 2. To assist in overcoming these difficulties, it is the intent of\\nthe legislature to establish a statewide management assistance system to\\nbe called the child care review service. The service shall be designed\\nand operated to effectuate the following purposes:\\n (a) identification and assessment of the needs and problems of\\nchildren in care and their families, to effectuate meaningful case\\nplanning;\\n (b) case management and supervision by child care agencies of\\nchildren in full-time care away from their homes;\\n (c) supervision and evaluation by state agencies of local and\\nvoluntary child care agency performance;\\n (d) planning and policy making by state agencies, the governor and\\nthe legislature;\\n (e) meeting in a timely manner all judicial review requirements of\\nthis chapter, the family court act and any other applicable provisions\\nof law;\\n (f) reduction of the need for manual form preparation; and\\n (g) meeting federal reporting requirements so as to qualify for\\nfederal funds under the federal social security act.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "441", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "441", "activeDate" : "2014-09-22", "sequenceNo" : 631, "repealedDate" : null, "fromSection" : "441", "toSection" : "441", "text" : " § 441. Definitions. As used in this title, the following terms shall\\nhave the following meanings:\\n 1. \"Service\" shall mean the child care review service created by this\\ntitle.\\n 2. \"Advisory committee\" shall mean the committee established by\\nsection four hundred forty-three of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "442", "title" : "Child care review service; establishment, operations and procedure", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "442", "activeDate" : "2014-09-22", "sequenceNo" : 632, "repealedDate" : null, "fromSection" : "442", "toSection" : "442", "text" : " § 442. Child care review service; establishment, operations and\\nprocedure. 1. The department, in consultation with the advisory\\ncommittee, shall establish and operate a child care review service to\\naccomplish the purposes of this title, for all children who are in the\\ncare of an authorized agency and shall make such regulations as are\\nappropriate to implement this title.\\n 2. The service shall be implemented with respect to all children under\\nthe age of twenty-one years for whom an authorized agency is providing\\nfoster care as defined in subdivision (c) of section one thousand\\neighty-seven of the family court act and for whom an application is\\npending to an authorized agency for foster care.\\n 3. The department is authorized to enter into agreements with any\\nperson, firm, organization or association for the whole or any part of\\nthe design or operation of the service as described in this title. Any\\nsuch agreements shall specify that such person, firm, corporation or\\nassociation shall safeguard the confidentiality of information received\\nor maintained by the service, in the same manner, and will remain\\nsubject to the same confidentiality requirements, as the department. In\\naddition, any such agreement shall require such person, firm,\\ncorporation or association to comply with other applicable federal and\\nstate laws protecting the confidentiality of the information received or\\nmaintained by the service.\\n 4. The service shall collect, maintain, update, and distribute, as\\nprovided in this title, information from each authorized agency to\\nfurther the purpose of this title.\\n 5. The service may request from any authorized agency, and such agency\\nshall submit to the service all information, including updating of\\ninformation, in the form and manner and at such times as the department\\nmay require that is appropriate to the purposes and operation of the\\nservice.\\n 6. Information to be submitted to or collected by the service,\\npursuant to subdivisions four and five, shall, to the extent possible,\\nbe in compatible form so as to facilitate the making of public policy\\ndecisions relating to child care programs supported by public funds and\\nadministered by various state, local and voluntary agencies.\\n 7. In designing the service, the department, in consultation with the\\nadvisory committee, shall review all information reporting forms and\\nfinancial claims forms, and shall make every effort to consolidate and,\\nwhere appropriate, eliminate duplicative claiming and information\\nreporting forms in order to develop uniform statewide claiming forms and\\ninformation reporting forms.\\n 8. Subject to regulations of the department the service shall:\\n (a) prepare and make available on a regular basis to each authorized\\nagency such data as they may require to meet the purposes of this title;\\n (b) issue regular reports setting forth aggregate statewide and local\\nstatistical data with appropriate analyses, but not including individual\\nidentifying information; and\\n (c) issue reports as to the capabilities of the service and the types\\nof information maintained by the service.\\n 9. The department in consultation with the advisory committee shall\\nprepare and submit an annual report to the governor and the legislature\\nas part of the annual report required to be filed prior to the fifteenth\\nday of December of each year by subdivision (d) of section seventeen of\\nthis chapter on its progress in the development and operation of the\\nservice, including any significant problems encountered or anticipated\\nin the design and operation of the service and any recommendations for\\nadministrative or legislative changes that would further the purposes of\\nthis title.\\n 10. The state child care review service established pursuant to this\\ntitle shall design and implement a system to:\\n (a) monitor all financial claims made by social services districts for\\neach child in foster care and child and family in receipt of preventive\\nservices pursuant to title four of this chapter;\\n (b) compile and maintain a cumulative record of information with\\nrespect to actions taken on behalf of each individual child throughout\\nhis or her length of stay in foster care;\\n (c) compile and maintain information on actions taken by local social\\nservices districts to initiate judicial proceedings as provided by\\nsection three hundred fifty-eight-a of this chapter and to comply with\\njudicial orders made pursuant to section one thousand eighty-nine of the\\nfamily court act, to refer legally free children to the state adoption\\nservice pursuant to section three hundred seventy-two-c of this chapter,\\nand to comply with the provisions of section four hundred nine-e of this\\narticle and the regulations of the office of children and family\\nservices promulgated thereunder; and\\n (e) compile and maintain comparative data for authorized agencies\\nincluding, but not limited to, characteristics and numbers of children\\nentering care and their families, admissions practices, delineated\\nreasons for initial and continued placement or provision of preventive\\nor child protective services, length of stay in care, length of time in\\nreceipt of preventive services or child protective services, foster care\\nreentry rates, number of children discharged to parents and relatives,\\nthe characteristics, numbers and rates of children leaving foster care\\nthrough adoption, costs of care and preventive services and other\\ninformation indicative of authorized agency performance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "443", "title" : "Advisory committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "443", "activeDate" : "2014-09-22", "sequenceNo" : 633, "repealedDate" : null, "fromSection" : "443", "toSection" : "443", "text" : " § 443. Advisory committee. 1. The department shall establish and\\nmeet regularly with an advisory committee of not more than twenty\\nmembers to consider policy and planning issues relating to the service\\nand to assist in the design, development, establishment and on-going\\noperation of the service, including assisting in the resolution of\\nissues concerning the safeguarding of the confidentiality of\\ninformation. The advisory committee may in its discretion submit\\nreports to the governor and the legislature.\\n 2. The advisory committee shall be appointed by the commissioner, who\\nshall appoint one of the committee's members to be its chairman. The\\nmembers of the committee shall be appointed from the following\\ncategories, one or more from each category:\\n (a) designees of the commissioner;\\n (b) designees of the administrative judge of the state of New York;\\n (c) designees of the director of the division of the budget;\\n (d) commissioners of local social services districts or their\\ndesignees;\\n (e) representatives of voluntary child care agencies;\\n (f) persons active in organizations involved in the protection of\\ncivil liberties;\\n (g) persons active in organizations involved in promoting the\\ninterests of children.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "444", "title" : "Confidentiality of records; related matters", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "444", "activeDate" : "2014-09-22", "sequenceNo" : 634, "repealedDate" : null, "fromSection" : "444", "toSection" : "444", "text" : " § 444. Confidentiality of records; related matters. 1. The department\\nin consultation with the advisory committee shall make regulations;\\n (a) protecting the confidentiality of individual identifying\\ninformation submitted to or provided by the service, and preventing\\naccess thereto, by, or the distribution thereof to, persons not\\nauthorized by law;\\n (b) setting forth procedures for informing any child or his\\nrepresentative of the nature of the system and its uses;\\n (c) allowing any child or his representative or any member of his\\nfamily, an opportunity to review any information pertaining to such\\nchild or family and to request that any part of such information be\\namended or expunged; and\\n (d) providing that the service shall remove from its records and\\nexpunge the individual identifying information, excluding\\nnon-identifying child or family data to be used for historical purposes,\\nconcerning any child who has been discharged from care.\\n 2. Prior to final promulgation of any regulations as described in\\nsubdivision one of this section, the department shall, in addition to\\ncomplying with all other advance notice requirements make proposed\\nregulations available to all state agencies charged with the\\nadministration or supervision of child care programs and to local\\ngovernment agencies and persons that have expressed an interest in\\nsafeguarding information maintained by the service, and shall provide\\nsuch agencies with an opportunity to comment on the proposed\\nregulations. In promulgating final regulations the department shall\\nconsider any comments received.\\n 3. Any persons wilfully violating or failing to comply with the\\nprovisions of subdivision one of this section or wilfully violating or\\nfailing to comply with any regulation which the department is authorized\\nunder such subdivision to make, shall be guilty of a misdemeanor.\\n 4. The regulations promulgated pursuant to subdivision one of this\\nsection, shall provide that the information compiled and maintained by\\nthe service pursuant to paragraph (d) of subdivision ten of section four\\nhundred forty-two of this title shall be subject to the confidentiality\\nprovisions of title six of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "445", "title" : "Funding", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "445", "activeDate" : "2014-09-22", "sequenceNo" : 635, "repealedDate" : null, "fromSection" : "445", "toSection" : "445", "text" : " § 445. Funding. The department shall explore the possibility of, and\\nis authorized to take steps necessary to qualify for any available\\nfunding from any private source or from the federal government, and is\\nauthorized to use any funds for which the state qualifies for the\\npurposes of the design, establishment or operation of the service.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "446", "title" : "Statewide automated child welfare information system", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "446", "activeDate" : "2014-09-22", "sequenceNo" : 636, "repealedDate" : null, "fromSection" : "446", "toSection" : "446", "text" : " § 446. Statewide automated child welfare information system. (1) The\\ndepartment shall promulgate regulations required to implement federal\\nrequirements for the establishment and administration of a statewide\\nautomated child welfare information system as required by applicable\\nfederal statute and regulation. The regulations shall set forth\\nstandards for the timely submission of data elements relating to child\\nwelfare services, including foster care, adoption assistance, preventive\\nservices, child protective services and other family preservation and\\nfamily support services.\\n (2) The statewide automated child welfare information system shall be\\ndesigned to improve convenience to consumers of services and reduce the\\nadministrative burden of child welfare workers of social services\\ndistricts and their contracted agencies which provide direct services.\\nThe statewide automated child welfare information system shall be\\ndesigned to provide computers to the majority of individual child\\nwelfare workers of social services districts and their contracted\\nagencies which provide direct child welfare services, allow such workers\\nand agencies to communicate with and enter information directly into the\\nstatewide automated child welfare information system while preparing\\nrequired documents and eliminate duplicate entry of information and\\npreparation of documents, and allow for direct determination of claims\\nand sanctions. The department shall immediately expand the existing\\nadvisory group of consumers, social services districts and their\\ncontracted agencies and other persons with expertise in child welfare.\\nThe statewide automated child welfare information system shall be\\ndesigned to permit communication with the family courts and to protect\\nthe confidentiality of individuals as prescribed by this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T8-A", "title" : "Safe Harbour For Exploited Children Act", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-A", "activeDate" : "2014-09-22", "sequenceNo" : 637, "repealedDate" : null, "fromSection" : "447-A", "toSection" : "447-B", "text" : " TITLE 8-A\\n SAFE HARBOUR FOR EXPLOITED CHILDREN ACT\\nSection 447-a. Definitions.\\n 447-b. Services for exploited children.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "447-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-04-28", "2018-01-05", "2018-08-17", "2018-11-16", "2021-02-05" ], "docLevelId" : "447-A", "activeDate" : "2021-02-05", "sequenceNo" : 638, "repealedDate" : null, "fromSection" : "447-A", "toSection" : "447-A", "text" : " § 447-a. Definitions. As used in this title:\\n 1. The term \"sexually exploited child\" means any person under the age\\nof eighteen who has been subject to sexual exploitation because he or\\nshe:\\n (a) is the victim of the crime of sex trafficking as defined in\\nsection 230.34 of the penal law or the crime of sex trafficking of a\\nchild as defined in section 230.34-a of the penal law;\\n (b) engages in any act as defined in section 230.00 of the penal law;\\n (c) is a victim of the crime of compelling prostitution as defined in\\nsection 230.33 of the penal law;\\n (d) engages in acts or conduct described in article two hundred\\nsixty-three of the penal law.\\n 2. The term \"short-term safe house\" means a residential facility\\noperated by an authorized agency as defined in subdivision ten of\\nsection three hundred seventy-one of this article including a\\nresidential facility operating as part of a runaway and homeless youth\\ncrisis services program as defined in subdivision four of section five\\nhundred thirty-two-a of the executive law or a not-for-profit agency\\nwith experience in providing services to sexually exploited youth and\\napproved in accordance with the regulations of the office of children\\nand family services that provides emergency shelter, services and care\\nto sexually exploited children including food, shelter, clothing,\\nmedical care, counseling and appropriate crisis intervention services at\\nthe time they are taken into custody by law enforcement and for the\\nduration of any legal proceeding or proceedings in which they are either\\nthe complaining witness or the subject child. The short-term safe house\\nshall also be available at the point in time that a child under the age\\nof eighteen has first come into the custody of juvenile detention\\nofficials, law enforcement, local jails or the local commissioner of\\nsocial services or is residing with the local runaway and homeless youth\\nauthority.\\n 3. The term \"advocate\" means an employee of the short-term safe house\\ndefined in subdivision two of this section that has been trained to work\\nwith and advocate for the needs of sexually exploited children. The\\nadvocate shall accompany the child to all court appearances and will\\nserve as a liaison between the short-term safe house and the court.\\n 4. The term \"safe house\" means a residential facility operated by an\\nauthorized agency as defined in subdivision ten of section three hundred\\nseventy-one of this article including a residential facility operating\\nas part of an approved runaway program as defined in subdivision four of\\nsection five hundred thirty-two-a of the executive law or a\\nnot-for-profit agency with experience in providing services to sexually\\nexploited youth and approved in accordance with the regulations of the\\noffice of children and family services that provides shelter for\\nsexually exploited children. In addition, a long-term safe house may be\\noperated by a transitional independent living support program as defined\\nin subdivision six of section five hundred thirty-two-a of the executive\\nlaw. A safe house serving sexually exploited children as defined in this\\ntitle shall provide or assist in securing necessary services for such\\nsexually exploited children either through direct provision of services,\\nor through written agreements with other community and public agencies\\nfor the provision of services including but not limited to housing,\\nassessment, case management, medical care, legal, mental health and\\nsubstance and alcohol abuse services. Where appropriate such safe house\\nin accordance with a service plan for such sexually exploited child may\\nalso provide counseling and therapeutic services, educational services\\nincluding life skills services and planning services to successfully\\ntransition residents back to the community. Nothing in the provisions of\\nthis title or article nineteen-H of the executive law shall prevent a\\nchild who is the subject of a proceeding which has not reached final\\ndisposition from residing at the safe house for the duration of that\\nproceeding nor shall it prevent any sexually exploited child who is not\\nthe subject of a proceeding from residing at the safe house. An advocate\\nemployed by a short-term safe house or other appropriate staff of a\\nshort-term safe house shall, to the maximum extent possible, preferably\\nwithin twenty-four hours but within no more than seventy-two hours\\nfollowing a sexually exploited child's admission into the program other\\nthan pursuant to a court order, notify such child's parent, guardian or\\ncustodian of his or her physical and emotional condition and the\\ncircumstances surrounding the child's presence at the program, unless\\nthere are compelling circumstances why the parent, guardian or custodian\\nshould not be so notified. Where such circumstances exist, the advocate\\nor other appropriate staff member shall either file an appropriate\\npetition in the family court, refer the youth to the local social\\nservices district, or in instances where abuse or neglect is suspected,\\nreport such case pursuant to title six of this article.\\n 5. The term \"community-based program\" means a program operated by a\\nnot-for-profit organization that provides services such as street\\noutreach, voluntary drop-in services, peer counseling, individual\\ncounseling, family-therapy and referrals for services such as\\neducational and vocational training and health care. Any such\\ncommunity-based program may also work with the safe house serving\\nsexually exploited children as defined in this title to provide\\ntransitional services to such children returning to the community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "447-B", "title" : "Services for exploited children", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "447-B", "activeDate" : "2014-09-22", "sequenceNo" : 639, "repealedDate" : null, "fromSection" : "447-B", "toSection" : "447-B", "text" : " § 447-b. Services for exploited children. 1. Notwithstanding any\\ninconsistent provision of law, pursuant to regulations of the office of\\nchildren and family services, every local social services district shall\\nas a component of the district's multi-year consolidated services child\\nwelfare services plan address the child welfare services needs of\\nsexually exploited children and to the extent that funds are available\\nspecifically therefor ensure that a short-term safe house or another\\nshort-term safe placement such as an approved runaway and homeless youth\\nprogram, approved respite or crisis program providing crisis\\nintervention or respite services or community-based program to serve\\nsexually exploited children is available to children residing in such\\ndistrict. Nothing in this section shall prohibit a local social services\\ndistrict from utilizing existing respite or crisis intervention services\\nalready operated by such social services district or homeless youth\\nprograms or services for victims of human trafficking pursuant to\\narticle ten-D of this chapter so long as the staff members have received\\nappropriate training approved by the office of children and family\\nservices regarding sexually exploited children and the existing programs\\nand facilities provide a safe, secure and appropriate environment for\\nsexually exploited children. Crisis intervention services, short-term\\nsafe house care and community-based programming may, where appropriate,\\nbe provided by the same not-for-profit agency. Local social services\\ndistricts may work cooperatively to provide such short-term safe house\\nor other short-term safe placement, services and programming and access\\nto such placement, services and programming may be provided on a\\nregional basis, provided, however, that every local social services\\ndistrict shall to the extent that funds are available ensure that such\\nplacement, services and programs shall be readily accessible to sexually\\nexploited children residing within the district.\\n 2. All of the services created under this title may, to the extent\\npossible provided by law, be available to all sexually exploited\\nchildren whether they are accessed voluntarily, as a condition of an\\nadjournment in contemplation of dismissal issued in criminal court,\\nthrough the diversion services created under section seven hundred\\nthirty-five of the family court act, through a proceeding under article\\nthree of the family court act, a proceeding under article ten of the\\nfamily court act or through a referral from a local social services\\nagency.\\n 3. The capacity of the crisis intervention services and\\ncommunity-based programs in subdivision one of this section shall be\\nbased on the number of sexually exploited children in each district who\\nare in need of such services. A determination of such need shall be made\\nin two thousand ten and every five years thereafter in every social\\nservices district by the local commissioner of social services and be\\nincluded in the integrated county plan. Such determination shall be made\\nin consultation with local law enforcement, runaway and homeless youth\\nprogram providers, local probation departments, local social services\\ncommissioners, the runaway and homeless youth coordinator for the local\\nsocial services district, local law guardians, presentment agencies,\\npublic defenders and district attorney's offices and child advocates and\\nservices providers who work directly with sexually exploited youth.\\n 4. In determining the need for and capacity of the services created\\nunder this section, each local social services district shall recognize\\nthat sexually exploited youth have separate and distinct service needs\\naccording to gender and, where a local social services district\\ndetermines that the need exists, to the extent that funds are available,\\nappropriate programming shall be made available.\\n 5. To the extent funds are specifically appropriated therefor, the\\noffice of children and family services shall contract with an\\nappropriate not-for-profit agency with experience working with sexually\\nexploited children to operate at least one long-term safe house in a\\ngeographically appropriate area of the state which shall provide safe\\nand secure long term housing and specialized services for sexually\\nexploited children throughout the state. The appropriateness of the\\ngeographic location shall be determined taking into account the areas of\\nthe state with high numbers of sexually exploited children and the need\\nfor sexually exploited children to find shelter and long term placement\\nin a region that cannot be readily accessed by the perpetrators of\\nsexual exploitation. The need for more than one long-term safe house\\nshall be determined by the office of children and family services based\\non the numbers and geographical location of sexually exploited children\\nwithin the state. Nothing herein shall be construed to preclude an\\nagency from applying for and accepting grants, gifts and bequests of\\nfunds from private individuals, foundations and the federal government\\nfor the purpose of creating or carrying out the duties of a long-term\\nsafe house.\\n 6. The local social services commissioner may, to the extent that\\nfunds are available, in conjunction with the division of criminal\\njustice services and local law enforcement officials, contract with an\\nappropriate not-for-profit agency with experience working with sexually\\nexploited children to train law enforcement officials who are likely to\\nencounter sexually exploited children in the course of their law\\nenforcement duties on the provisions of this section and how to identify\\nand obtain appropriate services for sexually exploited children. Local\\nsocial services districts may work cooperatively to provide such\\ntraining and such training may be provided on a regional basis. The\\ndivision of criminal justice services shall assist local social services\\ndistricts in obtaining any available funds for the purposes of\\nconducting law enforcement training from the federal justice department\\nand the office of juvenile justice and delinquency prevention.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T9", "title" : "Subsidies For the Adoption of Children", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2015-05-01" ], "docLevelId" : "9", "activeDate" : "2015-05-01", "sequenceNo" : 640, "repealedDate" : null, "fromSection" : "450", "toSection" : "458", "text" : " TITLE 9\\n SUBSIDIES FOR THE ADOPTION OF CHILDREN\\nSection 450. Statement of legislative intent.\\n 451. Definitions.\\n 453. Maintenance subsidy; handicapped or hard to place child.\\n 453-a. Payments for non-recurring adoption expenses.\\n 454. Medical subsidy.\\n 455. Fair hearings.\\n 456. State reimbursement and payments.\\n 457. Out-of-state adoptive parents.\\n 458. Availability of subsidy; publicity.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "450", "title" : "Statement of legislative intent", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "450", "activeDate" : "2014-09-22", "sequenceNo" : 641, "repealedDate" : null, "fromSection" : "450", "toSection" : "450", "text" : " § 450. Statement of legislative intent. The legislature intends, by\\nthe enactment of this title, to promote permanency of family status\\nthrough adoption for children who might not otherwise derive the\\nbenefits of that status. By providing for an adoption subsidy program\\nwhich will be applied uniformly on a statewide basis, the legislature\\nalso intends to eliminate, or at the very least substantially reduce,\\nunnecessary and inappropriate long-term foster care situations which\\nhave proven financially burdensome to the state and, more importantly,\\ninimical to the best interests of many children who have not been placed\\nfor adoption because of emotional or physical handicaps, age or other\\nfactors, in accordance with regulations of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "451", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "451", "activeDate" : "2014-09-22", "sequenceNo" : 642, "repealedDate" : null, "fromSection" : "451", "toSection" : "451", "text" : " § 451. Definitions. As used in this title:\\n 1. \"Child\" shall mean a person under the age of twenty-one years whose\\nguardianship and custody have been committed to a social services\\nofficial or a voluntary authorized agency, or whose guardianship and\\ncustody have been committed to a certified or approved foster parent\\npursuant to a court order prior to such person's eighteenth birthday,\\nexcept as provided in paragraph (g) of subdivision three of section\\nthree hundred eighty-four-b of this article and section six hundred\\nthirty-one of the family court act. A \"child\" shall also mean a person\\nunder the age of twenty-one years whose care and custody have been\\ntransferred prior to such person's eighteenth birthday to a social\\nservices official or a voluntary authorized agency pursuant to section\\none thousand fifty-five of the family court act or section three hundred\\neighty-four-a of this article, whose parents are deceased or where one\\nparent is deceased and the other parent is not a person entitled to\\nnotice pursuant to section one hundred eleven-a of the domestic\\nrelations law, and where such official or agency consents to the\\nadoption of such person in accordance with section one hundred thirteen\\nof the domestic relations law.\\n 2. \"Handicapped child\" shall mean a child who possesses a specific\\nphysical, mental or emotional condition or disability of such severity\\nor kind which, in accordance with regulations of the department, would\\nconstitute a significant obstacle to the child's adoption.\\n 3. \"Hard to place child\" shall mean a child, other than a handicapped\\nchild, (a) who has not been placed for adoption within six months from\\nthe date his guardianship and custody were committed to the social\\nservices official or a voluntary authorized agency, or (b) who has not\\nbeen placed for adoption within six months from the date a previous\\nadoption placement terminated and the child was returned to the care of\\nthe social services official or a voluntary authorized agency, or (c)\\nwho possesses or presents any personal or familial attribute, condition,\\nproblem or characteristic which, in accordance with regulations of the\\ndepartment, would be an obstacle to the child's adoption,\\nnotwithstanding the child has been in the guardianship and custody of\\nthe social services official or a voluntary authorized agency for less\\nthan six months.\\n 4. (a) \"Board rate\" shall mean an amount equal to the monthly payment\\nwhich has been or would have been made by a social services official, in\\naccordance with section three hundred ninety-eight-a and other\\nprovisions of this chapter, for the care and maintenance of the child,\\nif such child had been boarded out in a foster family boarding home.\\nSuch rate shall reflect annual increases in room and board rates and\\nclothing replacement allowances.\\n (b) When a child is placed for adoption by a social services official\\nor a voluntary authorized agency with adoptive parents residing in\\nanother social services district, the \"board rate\" shall mean the board\\nrate of the social services district placing the child for adoption or\\nthe social services district in which the adoptive parents reside.\\n 5. \"Persons\" shall include a single person eligible to adopt a child\\nas well as a couple eligible therefor.\\n 6. \"Voluntary authorized agency\" shall mean an authorized agency as\\ndefined in paragraphs (a) and (c) of subdivision ten of section three\\nhundred seventy-one of this article.\\n 7. \"Social services official\" shall mean a county commissioner of\\nsocial services, a city commissioner of social services, or an Indian\\ntribe with which the department has entered into an agreement to provide\\nadoption services in accordance with subdivision two of section\\nthirty-nine of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "453", "title" : "Maintenance subsidy; handicapped or hard to place child", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-12-27", "2025-01-31", "2025-03-28", "2025-05-30", "2026-03-13" ], "docLevelId" : "453", "activeDate" : "2014-09-22", "sequenceNo" : 643, "repealedDate" : null, "fromSection" : "453", "toSection" : "453", "text" : " § 453. Maintenance subsidy; handicapped or hard to place child. 1. (a)\\nA social services official shall make monthly payments for the care and\\nmaintenance of a handicapped or hard to place child whom a social\\nservices official has placed for adoption or who has been adopted and\\nfor the care and maintenance of a handicapped or hard to place child\\nplaced for adoption by a voluntary authorized agency who is residing in\\nsuch social services district. Where a handicapped or hard to place\\nchild is placed in an adoptive placement outside the state, monthly\\npayments for the care and maintenance of the child shall be made by the\\nsocial services official placing the child or in whose district the\\nvoluntary authorized agency maintains its principal office. Such\\npayments shall be made until the child's twenty-first birthday to\\npersons with whom the child has been placed, or to persons who have\\nadopted the child and who applied for such payments prior to the\\nadoption, pursuant to a written agreement therefor between such official\\nor agency and such persons; provided, however, that an application may\\nbe made subsequent to the adoption if the adoptive parents first become\\naware of the child's physical or emotional condition or disability\\nsubsequent to the adoption and a physician certifies that the condition\\nor disability existed prior to the child's adoption. The social services\\nofficial shall consider the financial status of such persons only for\\nthe purpose of determining the amount of the payments to be made,\\npursuant to subdivision three of this section. Upon the death of persons\\nwho have adopted the child prior to the twenty-first birthday of the\\nchild, such payments shall continue to the legal guardian or custodian\\nof the child under the age of eighteen upon issuance of letters of\\nguardianship or order of custody and shall continue until the child\\nshall attain the age of twenty-one. If the guardian or custodian was the\\ncaretaker of the child under the age of eighteen prior to the issuance\\nof letters of guardianship or order of custody, such payments shall be\\nmade retroactively from the death of the adoptive parent or parents.\\n (a-1) Payments pursuant to this section may be made by direct deposit\\nor debit card, as elected by the recipient, and administered\\nelectronically, and in accordance with such guidelines as may be set\\nforth by regulation of the office of children and family services. The\\noffice of children and family services may enter into contracts on\\nbehalf of local social services districts for such direct deposit or\\ndebit card services in accordance with section twenty-one-a of this\\nchapter.\\n (b) Any child with respect to whom federally reimbursable maintenance\\nsubsidy payments are made under this subdivision shall be deemed to be a\\nrecipient of aid to families with dependent children for purposes of\\ndetermining eligibility for medical assistance.\\n (c) No payments may be made pursuant to this subdivision if the social\\nservices official determines that the adoptive parents are no longer\\nlegally responsible for the support of the child or the child is no\\nlonger receiving any support from such parents. The social services\\nofficial on a biennial basis shall remind the adoptive parents of their\\nobligation to support the child and to notify the social services\\nofficial if the adoptive parents are no longer providing any support of\\nthe child or are no longer legally responsible for the support of the\\nchild.\\n (d) Applications for such subsidies shall be accepted prior to the\\ncommitment of the guardianship and custody of the child to an authorized\\nagency pursuant to the provisions of this chapter, and approval thereof\\nmay be granted contingent upon such commitment.\\n (e) Upon the death of the sole or surviving adoptive parent or both\\nadoptive parents after the eighteenth birthday and before the\\ntwenty-first birthday of the adopted child, where such adoptive parent\\nor parents were receiving adoption subsidy payments at the time of\\ndeath, such subsidy payments shall continue but shall be made to the\\nguardian of the child on behalf of such child, where the child consents\\nto the appointment of a guardian. Such subsidy payments shall be made\\nretroactively from the death of the adoptive parent or parents to the\\nappointment of a guardian, and shall continue until the twenty-first\\nbirthday of the child. If, however, there is no willing or suitable\\nperson to be appointed as guardian, or the child does not consent to the\\nappointment of a guardian, such subsidy payments shall be made\\nretroactively from the death of the adoptive parent or parents and shall\\ncontinue to be made until the twenty-first birthday of the child: (i)\\nthrough direct payments to the child, if the social services official\\ndetermines that the child demonstrates the ability to manage such direct\\npayments; or (ii) to a representative payee certified by the social\\nservices official.\\n (f) Upon receipt of notification of the death of the sole or surviving\\nadoptive parent or both adoptive parents after the eighteenth birthday\\nand before the twenty-first birthday of the adopted child, where such\\nadoptive parent or parents were receiving adoption subsidy payments at\\nthe time of death, the social services official shall notify the child\\nof: (i) the processes available to continue subsidy payments until the\\ntwenty-first birthday of the child including appointment of a guardian\\nunder the surrogate's court procedure act, application to be approved\\nfor direct subsidy payments, or the appointment of a representative\\npayee; and (ii) the right of the child to be involved in all such\\nprocesses.\\n (g) Where the social services official has determined that the child\\ndoes not demonstrate the ability to manage direct subsidy payments, the\\nsocial services official shall certify payment to a representative payee\\non behalf of the child. Subsidy payments received by the representative\\npayee shall be held and used strictly for the use and benefit of the\\nchild. Designation of the appropriate entity or individual and\\ninvestigation of an individual for certification as a representative\\npayee shall be conducted by the social services official responsible for\\npayment of the adoption subsidy pursuant to this section.\\n (i) The social services official may designate an employee of the\\nsocial services district to be the representative payee responsible for\\nreceipt of the adoption subsidy on behalf of the child only where the\\nofficial determines that such employee has no conflict of interest in\\nperforming the duties and obligations as representative payee. If the\\nchild resides in a social services district other than the district\\nresponsible for payment of the adoption subsidy, the social services\\ndistrict in which the child resides may be designated the representative\\npayee and a social services official of such district shall select an\\nemployee of such social services district to be responsible for receipt\\nof the adoption subsidy as the representative payee, only where the\\nofficial determines that such employee has no conflict of interest in\\nperforming the duties and obligations as a payee. Where a voluntary\\nauthorized agency has a prior relationship with a child, or where the\\nsocial services district does not have sufficient or appropriate staff\\navailable to perform the functions of the representative payee, the\\nsocial services district may contract with a voluntary authorized agency\\nas the representative payee on behalf of the child where the social\\nservices district determines it would be in the best interests of the\\nchild to do so.\\n (ii) The social services official may designate an individual for\\ncertification as a representative payee who shall perform the functions\\nand duties of a representative payee in accordance with the best\\ninterests of the child. In determining whether an individual is\\nappropriate to be certified as the representative payee, the social\\nservices official shall first consult with the child and shall give the\\nchild's preferences significant weight. The child's preference shall be\\ndeterminative of the representative payee only where such preference\\ndoes not conflict with the best interests of the child. Prior to\\ndesignation of an individual by the social services official for\\ncertification as a representative payee, the social services official\\nshall:\\n (A) collect proof of identity and a verifiable social security number\\nof the nominated representative payee;\\n (B) conduct an in-person interview of the individual;\\n (C) investigate any potential conflicts of interest that may ensue if\\nsuch individual is certified; and\\n (D) determine the capabilities and qualifications of the individual to\\nmanage the subsidy payment for the child.\\n (iii) (A) If, after completion of the investigation, the social\\nservices official is satisfied that the individual is qualified,\\nappropriate and will serve the best interests of the child, the social\\nservices official shall certify the selected individual as the\\nrepresentative payee for the child.\\n (B) If the twenty-first birthday of the child occurs while awaiting\\nthe certification of a representative payee, the child shall be entitled\\nto retroactive direct payment of subsidy payments since the death of the\\nadoptive parent or parents after the eighteenth birthday of the child.\\n (iv) The representative payee shall submit reports to the social\\nservices official no less than once a year describing the use of the\\npayments in the preceding year. Such reports shall be submitted by\\nDecember thirty-first of each year. The social services official may\\nalso request reports from time to time from the representative payee. If\\na representative payee fails to submit a report, the social services\\nofficial may require that the representative payee appear in person to\\ncollect payments. The social services official shall keep a centralized\\nfile and update it periodically with information including the addresses\\nand social security or tax-payer identification numbers of the\\nrepresentative payee and the child.\\n (v) The social services official shall revoke the certification of a\\nrepresentative payee upon:\\n (A) determining that the representative payee has misused the payments\\nintended for the benefit of the child;\\n (B) the failure of the representative payee to submit timely reports\\nor appear in person as required by the social services official after\\nsuch failure; or\\n (C) the request of the child upon good cause shown.\\n (vi) The social services official shall notify the child of the\\ncontact information of the representative payee within five days of\\nmaking a designation.\\n (vii) A child may appeal the refusal of the social services official\\nto certify the individual preferred by the child for certification as\\nthe representative payee or revoke the certification of a representative\\npayee upon request of the child pursuant to section four hundred\\nfifty-five of this title.\\n 2. The agreement provided for in subdivision one of this section shall\\nbe subject to the approval of the department upon the application of the\\nsocial services official; provided, however, that in accordance with the\\nregulations of the department, the department may authorize the social\\nservices official to approve or disapprove the agreement on behalf of\\nthe department. In either situation, if the agreement is not approved or\\ndisapproved by the social services official within thirty days of\\nsubmission, the voluntary authorized agency may submit the agreement\\ndirectly to the department for approval or disapproval. If the agreement\\nis not disapproved in writing by the department within thirty days after\\nits submission to the department, it shall be deemed approved. Any such\\ndisapproval shall be accompanied by a written statement of the reasons\\ntherefor.\\n 3. The amount of the monthly payment made pursuant to this section\\nshall be determined pursuant to regulations of the department and based\\nupon the financial need of such persons. The department shall review\\nsuch regulations annually. The amount of the monthly payment shall not\\nbe less than seventy-five per centum of the board rate nor more than one\\nhundred per centum of such rate.\\n 4. Except as may be required by federal law as a condition for federal\\nreimbursement of public assistance expenditures, payments under this\\nsection shall not be considered for the purpose of determining\\neligibility for public assistance or medical assistance for needy\\npersons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "453-A", "title" : "Payments for non-recurring adoption expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "453-A", "activeDate" : "2014-09-22", "sequenceNo" : 644, "repealedDate" : null, "fromSection" : "453-A", "toSection" : "453-A", "text" : " § 453-a. Payments for non-recurring adoption expenses. 1. A social\\nservices official shall make payments for non-recurring adoption\\nexpenses incurred by or on behalf of the adoptive parents of a child\\nwith special needs, when such expenses are incurred in connection with\\nthe adoption of a child with special needs through an authorized agency.\\nIn accordance with subdivision two of this section, the payments shall\\nbe made by the social services official either to the adoptive parents\\ndirectly, to the authorized agency on behalf of the adoptive parents or\\nto an attorney on behalf of the adoptive parents for the allowable\\namount of attorney's fees or court costs incurred in connection with\\nsuch completed adoption.\\n 2. The amount of the payment made pursuant to this section shall be\\ndetermined pursuant to the regulations of the department. Nothing herein\\nshall obligate a social services official to make payments for the full\\namount of non-recurring adoption expenses incurred by or on behalf of\\nthe adoptive parents of a child with special needs.\\n 3. Payments for non-recurring adoption expenses made by a social\\nservices official pursuant to this section shall be treated as\\nadministrative expenditures under title IV-E of the social security act\\nand shall be reimbursed by the state accordingly.\\n 4. Payments under this section shall be made pursuant to a written\\nagreement between the social services official, other relevant\\nauthorized agencies and the adoptive parents of a child with special\\nneeds. The written agreement shall specify the nature and amount of any\\npayments, services and assistance to be provided, shall stipulate that\\nthe agreement remain in effect regardless of the state of residence of\\nthe adoptive parents at any time and shall contain provisions for the\\nprotection of the interests of the child where the adoptive parents and\\nthe child move to another state while the agreement is effective.\\nApplications for such subsidies shall be accepted prior to the\\ncommitment of the guardianship and custody of the child to an authorized\\nagency pursuant to the provisions of this chapter, and approval thereof\\nmay be granted contingent upon such commitment.\\n 5. When the parental rights of a child with special needs have been\\nterminated in this state and the child's guardianship has been committed\\nto an authorized agency, the child is adopted in another state and the\\nadoptive parents are not eligible for payments of non-recurring\\nadoption expenses in the other state, a social services official shall\\nmake payments of the non-recurring adoption expenses incurred by or on\\nbehalf of the adoptive parents, if such parents are otherwise eligible\\nfor payments under subdivision one of this section.\\n 6. As used in this section, non-recurring adoption expenses shall mean\\nreasonable and necessary adoption fees, court costs, attorney fees and\\nother expenses which are directly related to the legal adoption of a\\nchild with special needs and which are not incurred in violation of\\nfederal law or the laws of this state or any other state.\\n 7. As used in this section, a child with special needs shall mean a\\nchild who:\\n (a) the state has determined cannot or shall not be returned to the\\nhome of his or her parents; and\\n (b) the state has first determined:\\n (i) is a handicapped child as defined in subdivision two of section\\nfour hundred fifty-one of this title, or is a hard-to-place child as\\ndefined in paragraph (c) of subdivision three of section four hundred\\nfifty-one of this title; and\\n (ii) a reasonable, but unsuccessful effort has been made to place the\\nchild with appropriate adoptive parents without adoption assistance.\\nSuch an effort need not be made where such efforts would not be in the\\nbest interests of the child because of such factors as the existence of\\nsignificant emotional ties with prospective adoptive parents while in\\nthe care of such parents as a foster child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "454", "title" : "Medical subsidy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "454", "activeDate" : "2014-09-22", "sequenceNo" : 645, "repealedDate" : null, "fromSection" : "454", "toSection" : "454", "text" : " § 454. Medical subsidy. 1. A social services official shall make\\npayments for the cost of care, services and supplies payable under the\\nstate's program of medical assistance for needy persons, provided to a\\nhandicapped child whom he or a voluntary authorized agency has placed\\nout for adoption or who has been adopted. Such payments shall not be\\nrestricted to care, services and supplies required for the treatment of\\nthe specific condition or disability for which a child was determined to\\nbe a handicapped child. For the purposes of this section, a handicapped\\nchild shall include, but not be limited to, a child with special needs\\nwhere a social services official has determined the child cannot be\\nplaced with an adoptive parent or parents without medical subsidy\\nbecause such child has special needs for medical, mental health or\\nrehabilitative care. Such payments also shall be made with respect to a\\nhard to place child who has been placed out for adoption with a person\\nor persons who is or are sixty-two years old or over or who will be\\nsubject to mandatory retirement from his or their present employment\\nwithin five years from the date of the adoption placement.\\n 2. Payments pursuant to subdivision one of this section shall be made\\nto or on behalf of the person or persons with whom the child has been\\nplaced or who have adopted the child and shall be made without regard to\\nthe financial need of such person or persons.\\n 3. Payments pursuant to subdivision one of this section shall be made\\nonly with respect to the cost of care, services and supplies which are\\nnot otherwise covered or subject to payment or reimbursement by\\ninsurance, medical assistance or other sources.\\n 4. An application for payment under this section shall be made prior\\nto the child's adoption; provided, however, that an application may be\\nmade subsequent to a handicapped child's adoption if the adoptive\\nparents first become aware of the child's physical or emotional\\ncondition or disability subsequent to the adoption and a physician\\ncertifies that the condition or disability existed prior to the child's\\nadoption. An approval of an application for payments under this section\\nshall not be subject to annual review by the social services official,\\nand such approval shall remain in effect until the child's twenty-first\\nbirthday. Applications for such subsidies shall be accepted prior to the\\ncommitment of the guardianship and custody of the child to an authorized\\nagency pursuant to the provisions of this chapter, and approval thereof\\nmay be granted contingent upon such commitment.\\n 5. Upon the death of persons who have adopted the child prior to the\\ntwenty-first birthday of the child, payments pursuant to subdivision one\\nof this section shall continue to the legal guardian of the child until\\nthe child shall attain the age of twenty-one.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "455", "title" : "Fair hearings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "455", "activeDate" : "2014-09-22", "sequenceNo" : 646, "repealedDate" : null, "fromSection" : "455", "toSection" : "455", "text" : " § 455. Fair hearings. 1. Any person aggrieved by the decision of a\\nsocial services official or an official of the office of children and\\nfamily services not to make a payment or payments pursuant to this title\\nor to make such payment or payments in an inadequate or inappropriate\\namount or the failure of a social services official or an official of\\nthe office of children and family services to determine an application\\nunder this title within thirty days after filing, may appeal to the\\noffice of children and family services which shall review the case, give\\nsuch person an opportunity for a fair hearing thereon, and render its\\ndecision within thirty days. The office of children and family services\\nmay also, on its own motion, review any such decision made by a social\\nservices official or any case in which a decision has not been made\\nwithin the time specified. All decisions of the office of children and\\nfamily services shall be binding upon the social services district\\ninvolved and shall be complied with by the social services official\\nthereof.\\n 2. The only issues which may be raised in a fair hearing under this\\nsection are (a) whether the social services official or an official of\\nthe office of children and family services has improperly denied an\\napplication for payments under this title, or (b) whether the social\\nservices official or an official of the office of children and family\\nservices has improperly discontinued payments under this title, or (c)\\nwhether the social services official or an official of the office of\\nchildren and family services has determined the amount of the payments\\nmade or to be made in violation of the provisions of this title or the\\nregulations of the office of children and family services promulgated\\nhereunder, or (d) whether the social services official improperly\\nrefused to certify the individual preferred by a child for certification\\nas the representative payee or improperly denied a request by a child to\\nrevoke the certification of a representative payee pursuant to section\\nfour hundred fifty-three of this title.\\n 3. When an issue is raised as to whether a social services official or\\nan official of the department has improperly denied an application for\\npayments under this title, the department shall affirm such denial if:\\n(a) the child is not a hard to place child or a handicapped child or (b)\\nthere is another approved adoptive parent or parents who is or are\\nwilling to accept the placement of the child in his or their home\\nwithout payment under this title within sixty days of such denial and\\nplacement of the child with such other parent or parents would not be\\ncontrary to the best interests of the child.\\n 4. The provisions of subdivisions two and four of section twenty-two\\nof this chapter shall apply to fair hearings held and appeals taken\\npursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "456", "title" : "State reimbursement and payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03" ], "docLevelId" : "456", "activeDate" : "2015-07-03", "sequenceNo" : 647, "repealedDate" : null, "fromSection" : "456", "toSection" : "456", "text" : " § 456. State reimbursement and payments. 1. Payments made by social\\nservices officials pursuant to the provisions of this title shall, if\\napproved by the department, be subject to reimbursement by the state, in\\naccordance with the regulations of the department as follows: there\\nshall be paid to each social services district (a) the amount of federal\\nfunds, if any, properly received or to be received on account of such\\npayments; and (b) except as set forth below, seventy-five per centum of\\nsuch payments after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof; provided, however, that\\nwhen payments under section four hundred fifty-three of this title are\\nmade to a person or persons residing in a social services district whose\\nboard rate exceeds that of the district making such payments, that\\nportion of the payments which exceeds the board rate of the district\\nmaking the payments shall be subject to reimbursement by the state in\\nthe amount of one hundred per centum thereof, or (c) one hundred per\\ncentum of such payments after first deducting therefrom any federal\\nfunds properly to be received on account of such payments, for children\\nplaced out for adoption or being adopted after being placed out for\\nadoption by an Indian tribe as referenced in subdivision seven of\\nsection four hundred fifty-one of this title.\\n 2. (a) Claims for state reimbursement shall be made in such form and\\nmanner and at such times and for such periods as the department shall\\ndetermine.\\n (b) When certified by the department, state reimbursement shall be\\npaid from the state treasury upon the audit and warrant of the\\ncomptroller out of funds made available therefor.\\n 3. Notwithstanding any other provision of law to the contrary, for a\\nchild who has been placed for adoption by a voluntary authorized agency\\nwith guardianship and custody or care and custody of such child, as\\nreferenced in subdivision one of section four hundred fifty-one of this\\ntitle, payments available under section four hundred fifty-three, four\\nhundred fifty-three-a or four hundred fifty-four of this title shall be\\nmade by the state pursuant to a written agreement between an official of\\nthe office of children and family services and the persons who applied\\nfor such payments prior to adoption. Notwithstanding any other provision\\nof law to the contrary, the office of children and family services shall\\nnot enter into written agreements for, or issue, any such payments in\\ninstances where the person or persons applying for such payments reside\\noutside of the state of New York at the time the application for such\\npayments is made.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "457", "title" : "Out-of-state adoptive parents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "457", "activeDate" : "2014-09-22", "sequenceNo" : 648, "repealedDate" : null, "fromSection" : "457", "toSection" : "457", "text" : " § 457. Out-of-state adoptive parents. With respect to a child who\\nhas been adopted within this state but who has been removed from this\\nstate by his adoptive parents, or a child who has been adopted by\\nresidents of another state or of the commonwealth of Puerto Rico and who\\nis, or who is likely to become, a public charge within this state,\\npayments under section four hundred fifty-three or four hundred\\nfifty-four of this title may be made pursuant to an agreement between\\nthe district and the adoptive parents, provided that such agreement is\\nin accordance with the regulations of the department promulgated to\\nachieve the objective of increasing the number of adoptions of potential\\npublic charges, with particular emphasis upon handicapped and hard to\\nplace children. Any such agreement shall become void at such time as it\\nis determined by the social services official that a child on whose\\nbehalf payments are being received pursuant to such agreement was\\nbrought into this state for the sole purpose of qualifying prospective\\nout-of-state adoptive parents for such payments. Such determination may\\nbe appealed to the department which, upon receipt of the appeal, shall\\nconduct a fair hearing in accordance with the provisions of section four\\nhundred fifty-five of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458", "title" : "Availability of subsidy; publicity", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458", "activeDate" : "2014-09-22", "sequenceNo" : 649, "repealedDate" : null, "fromSection" : "458", "toSection" : "458", "text" : " § 458. Availability of subsidy; publicity. The department shall\\npromulgate regulations providing for the publicizing of the availability\\nof payments under this title. Such regulations shall provide for the\\ndissemination of literature and other means in each social services\\ndistrict of informing persons, at the time of any inquiry, application\\nor other expression of interest in adoption, of the provisions of the\\nadoption subsidy program. Additionally, each social services district\\nand authorized agency shall provide information on the adoption subsidy\\nprogram to all foster care parents who are caring for a child who is\\neligible for adoption.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T10", "title" : "Kinship Guardianship Assistance Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 650, "repealedDate" : null, "fromSection" : "458-A", "toSection" : "458-F", "text" : " TITLE 10\\n KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM\\nSection 458-a. Definitions.\\n 458-b. Kinship guardianship assistance payments.\\n 458-c. Payments for non-recurring guardianship expenses.\\n 458-d. Medical subsidy.\\n 458-e. Independent living services.\\n 458-f. Fair hearings.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-10-27", "2018-01-19", "2018-05-04", "2023-10-27" ], "docLevelId" : "458-A", "activeDate" : "2018-05-04", "sequenceNo" : 651, "repealedDate" : null, "fromSection" : "458-A", "toSection" : "458-A", "text" : " § 458-a. Definitions. As used in this title:\\n 1. \"Child\" shall mean a person under the age of twenty-one years whose\\ncustody, care and custody, or custody and guardianship have been\\ncommitted to a social services official prior to such person's\\neighteenth birthday pursuant to section three hundred fifty-eight-a,\\nthree hundred eighty-four, three hundred eighty-four-a or three hundred\\neighty-four-b of this chapter or article three, seven, ten or 10-C of\\nthe family court act.\\n 2. \"Applicable board rate\" shall mean an amount equal to the monthly\\npayment that has been made by a social services official, in accordance\\nwith section three hundred ninety-eight-a of this article and other\\nprovisions of this chapter, for the care and maintenance of the child,\\nwhile such child was boarded out in the approved or certified foster\\nfamily boarding home with the prospective relative guardian. Such rate\\nshall reflect annual changes in room and board rates and clothing\\nreplacement allowances.\\n 3. \"Prospective relative guardian\" shall mean a person who has been\\ncaring for the child as a fully certified or approved foster parent for\\nat least six consecutive months prior to applying for kinship\\nguardianship assistance payments and who:\\n (a) is related to the child through blood, marriage, or adoption; or\\n (b) is related to a half-sibling of the child through blood, marriage\\nor adoption and where such person or persons is or are also the\\nprospective or appointed relative guardian or guardians of such\\nhalf-sibling; or\\n (c) is an adult with a positive relationship with the child,\\nincluding, but not limited to, a step-parent, godparent, neighbor or\\nfamily friend.\\n 4. \"Relative guardian\" shall mean a person or persons who was\\nappointed, as a guardian or permanent guardian for a child after\\nentering into an agreement with a social services official for the\\nreceipt of payments and services in accordance with this title.\\n 5. \"Social services official\" shall mean a county commissioner of\\nsocial services, a city commissioner of social services, or an Indian\\ntribe with which the office of children and family services has entered\\ninto an agreement to provide foster care services in accordance with\\nsubdivision two of section thirty-nine of this chapter.\\n 6. \"Successor guardian\" shall mean a person or persons that is\\napproved by a local social services district to receive payments\\npursuant to this title in accordance with subparagraph (ii) of paragraph\\n(b) of subdivision five of section four hundred fifty-eight-b of this\\ntitle and that has been named in the agreement in effect between the\\nrelative guardian and social services official for kinship guardianship\\nassistance payments pursuant to this title who shall provide care and\\nguardianship for a child in the event of death or incapacity of the\\nrelative guardian, as set forth in section four hundred fifty-eight-b of\\nthis title, who has assumed care for and is the guardian or permanent\\nguardian of such child, provided that such person was appointed guardian\\nor permanent guardian of such child by the court following, or due to,\\nthe death or incapacity of the relative guardian. Once approved in\\naccordance with subparagraph (ii) of paragraph (b) of section four\\nhundred fifty-eight-b of this title, a successor guardian shall be\\ndeemed to have the same rights and responsibilities as a relative\\nguardian in relation to any provisions of this title and any agreement\\nentered into under this title.\\n 7. \"Prospective successor guardian\" shall mean a person or persons\\nwhom a prospective relative guardian or a relative guardian seeks to\\nname or names in the original kinship guardianship assistance agreement,\\nor any amendment thereto, as set forth in section four hundred\\nfifty-eight-b of this title, as the person or persons to provide care\\nand guardianship for a child in the event of the death or incapacity of\\na relative guardian, who has not been approved in accordance with\\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\\nhundred fifty-eight-b of this title.\\n 8. \"Incapacity\" shall mean a substantial inability to care for a child\\nas a result of: (a) a physically debilitating illness, disease or\\ninjury; or (b) a mental impairment that results in a substantial\\ninability to understand the nature and consequences of decisions\\nconcerning the care of a child.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-B", "title" : "Kinship guardianship assistance payments", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2017-10-27", "2018-01-19", "2018-05-04" ], "docLevelId" : "458-B", "activeDate" : "2018-05-04", "sequenceNo" : 652, "repealedDate" : null, "fromSection" : "458-B", "toSection" : "458-B", "text" : " § 458-b. Kinship guardianship assistance payments. 1. A child is\\neligible for kinship guardianship assistance payments under this title\\nif the social services official determines the following:\\n (a) The child has been in foster care for at least six consecutive\\nmonths in the home of the prospective relative guardian; and\\n (b) The child being returned home or adopted are not appropriate\\npermanency options for the child; and\\n (c) The child demonstrates a strong attachment to the prospective\\nrelative guardian and the prospective relative guardian has a strong\\ncommitment to caring permanently for the child; and\\n (d) That age appropriate consultation has been held with the child,\\nprovided however with respect to a child who has attained fourteen years\\nof age, that the child has been consulted regarding the kinship\\nguardianship arrangement, and with respect to a child who has attained\\neighteen years of age, that the child has consented to the kinship\\nguardianship arrangement.\\n (e) (i) If the child has been placed into foster care pursuant to\\narticle ten or ten-C of the family court act, that both the fact finding\\nhearing pursuant to section one thousand fifty-one of the family court\\nact or section one thousand ninety-five of the family court act,\\nrespectively, and the first permanency hearing pursuant to paragraph two\\nof subdivision (a) of section one thousand eighty-nine of the family\\ncourt act have been completed; or\\n (ii) for all the other children, that the first permanency hearing has\\nbeen completed.\\n (f) The financial status of the prospective relative guardian shall\\nnot be considered in determining eligibility for kinship guardianship\\nassistance payments.\\n 1-a. A child shall remain eligible for kinship guardianship assistance\\npayments under this title when a successor guardian as defined in\\nsubdivision six of section four hundred fifty-eight-a of this title\\nassumes care and guardianship of the child.\\n 2. (a) A prospective relative guardian who has been caring for an\\neligible foster child for at least six consecutive months and who\\nintends to seek guardianship or permanent guardianship of the child may\\napply to the social services official who has custody, care and custody,\\nor guardianship and custody of the child to receive kinship guardianship\\nassistance payments, non-recurring guardianship payments, and other\\napplicable services and payments available under this title on behalf of\\nthe child.\\n (b) Applications shall only be accepted prior to issuance of letters\\nof guardianship of the child to the relative guardian pursuant to the\\nprovisions of the family court act or the surrogate's court procedure\\nact.\\n (c) Notwithstanding any other provision of law to the contrary, a\\nprospective relative guardian and any person over the age of eighteen\\nliving in the home of the prospective relative guardian who has not\\nalready been subject to a national and state criminal history record\\ncheck pursuant to section three hundred seventy-eight-a of this article\\nas part of the process of the prospective relative guardian becoming a\\ncertified or approved foster parent must complete such a record check in\\naccordance with the procedures and standards set forth in such section\\nprior to the social services official acting upon the application. The\\nsocial services official must inquire of the office of children and\\nfamily services whether each prospective relative guardian and each\\nperson over the age of eighteen living in the home of the prospective\\nrelative guardian has been or is currently the subject of an indicated\\nreport of child abuse or maltreatment on file with the statewide central\\nregister of child abuse and maltreatment and, if the prospective\\nrelative guardian or any other person over the age of eighteen residing\\nin the home of the prospective relative guardian resided in another\\nstate in the five years preceding the application, request child abuse\\nand maltreatment information maintained by the child abuse and\\nmaltreatment registry from the applicable child welfare agency in each\\nsuch state of previous residence, if such a request has not been made as\\npart of the process of the prospective relative guardian becoming a\\ncertified or approved foster parent.\\n (d) (i) Notwithstanding any other provision of law to the contrary,\\nprior to the social services official approving a prospective successor\\nguardian to receive payments pursuant to this title in accordance with\\nsubparagraph (ii) of paragraph (b) of subdivision five of this section:\\n(1) the social services official must complete a national and state\\ncriminal history record check pursuant to subdivision two of section\\nthree hundred seventy-eight-a of this article for the prospective\\nsuccessor guardian and any person over the age of eighteen living in the\\nhome of the prospective successor guardian, in accordance with the\\nprocedures and standards set forth in such subdivision; and (2) the\\nsocial services official must inquire of the office of children and\\nfamily services, in accordance with section four hundred twenty-four-a\\nof this article, whether each prospective successor guardian and each\\nperson over the age of eighteen living in the home of the prospective\\nsuccessor guardian has been or is currently the subject of an indicated\\nreport of child abuse or maltreatment on file with the statewide central\\nregister of child abuse and maltreatment and, if the prospective\\nsuccessor guardian or any other person over the age of eighteen residing\\nin the home of the prospective successor guardian resided in another\\nstate in the five years preceding the inquiry, request child abuse and\\nmaltreatment information maintained by the child abuse and maltreatment\\nregistry from the applicable child welfare agency in each such state of\\nprevious residence.\\n (ii) It shall be the duty of the prospective successor guardian to\\ninform the social services official that has entered into an agreement\\nwith the relative guardian for payments under this title in writing of\\nthe death or incapacity of the relative guardian and of the prospective\\nsuccessor guardian's desire to enforce the provisions in the agreement\\nthat authorize payment to him or her in the event of the death or\\nincapacity of the relative guardian.\\n (iii) The clearances requires by subparagraph (i) of this paragraph\\nshall be conducted following receipt by the social services official of\\nthe written communication required by subparagraph (ii) of this\\nparagraph.\\n 3. If the social services official determines that the child is\\neligible for kinship guardianship assistance payments and it is in the\\nbest interests of the child for the relative to become the legal\\nguardian of the child, the social services official shall enter into an\\nagreement with the prospective relative guardian authorizing the\\nprovision of kinship guardianship assistance payments, non-recurring\\nguardianship payments, and other services and payments available under\\nthis title subject to the issuance by the court of letters of\\nguardianship of the child to the prospective relative guardian and the\\nchild being finally discharged from foster care to such relative. In\\ndetermining whether it is in the best interests of the child for the\\nrelative to become the relative guardian of the child, the social\\nservices official must determine and document that compelling reasons\\nexist for determining that the return home of the child and the adoption\\nof the child are not in the best interests of the child and are,\\ntherefore, not appropriate permanency options. A copy of the fully\\nexecuted agreement must be provided by the social services official to\\nthe prospective relative guardian.\\n 4. (a) Payments and eligibility for services under this title shall be\\nmade pursuant to a written agreement between the social services\\nofficial and the prospective relative guardian.\\n (b) The written agreement shall specify, at a minimum: the amount of,\\nand manner in which, each kinship guardianship assistance payment will\\nbe provided under the agreement; the manner in which the payments may be\\nadjusted periodically, in consultation with the relative guardian, based\\non the circumstances of the relative guardian and the needs of the\\nchild; the additional services and assistance that the child and the\\nrelative guardian will be eligible for under the agreement, which shall\\nbe limited to the additional services and assistance set forth in this\\ntitle; the procedures by which the relative guardian may apply for\\nadditional services, as needed; that the social services official will\\npay the total cost of nonrecurring expenses associated with obtaining\\nlegal guardianship of the child, to the extent the total cost does not\\nexceed two thousand dollars in accordance with section four hundred\\nfifty-eight-c of this title; and, that the agreement will remain in\\neffect regardless of the state of residence of the relative guardian at\\nany time.\\n (c) The agreement must be fully executed prior to the issuance of\\nletters of guardianship of the child to the relative guardian in order\\nfor the child to be eligible for payments and services under this title.\\n (d) Payments pursuant to this section may be made by direct deposit or\\ndebit card, as elected by the recipient, and administered\\nelectronically, and in accordance with section twenty-one-a of this\\nchapter and with such guidelines as may be set forth by regulation of\\nthe office of children and family services. The office of children and\\nfamily services may enter into contracts on behalf of local social\\nservices districts for such direct deposit or debit card services in\\naccordance with section twenty-one-a of this chapter.\\n (e) The original kinship guardianship assistance agreement executed in\\naccordance with this section and any amendments thereto may name an\\nappropriate person to act as a successor guardian for the purpose of\\nproviding care and guardianship for a child in the event of death or\\nincapacity of the relative guardian. Nothing herein shall be deemed to\\nrequire the relative guardian to name a prospective successor guardian\\nas a condition for the approval of a kinship guardianship assistance\\nagreement.\\n (f) A fully executed agreement between a relative guardian and a\\nsocial services official may be amended to add or modify terms and\\nconditions mutually agreeable to the relative guardian and the social\\nservices official, including the naming of an appropriate person to\\nprovide care and guardianship for a child in the event of death or\\nincapacity of the relative guardian.\\n (g) The social services official shall inform the relative guardian of\\nthe right to name an appropriate person to act as a successor guardian\\nin the original kinship guardianship assistance agreement or through an\\namendment to such agreement.\\n (h) A fully executed agreement between a relative guardian or a\\nsuccessor guardian and a social services official may be terminated if:\\n (i) in accordance with paragraph (b) of subdivision seven of this\\nsection, a social services official has determined that a relative\\nguardian or a successor guardian is no longer legally responsible for\\nthe support of the child; or\\n (ii) following the death or permanent incapacity of a relative\\nguardian, all prospective successor guardians named in such agreement\\nwere not approved by the social services district pursuant to\\nsubparagraph (ii) of paragraph (b) of subdivision five of this section.\\n 5. (a) Once the prospective relative guardian with whom a social\\nservices official has entered into an agreement under subdivision four\\nof this section has been issued letters of guardianship for the child\\nand the child has been finally discharged from foster care to such\\nrelative, a social services official shall make monthly kinship\\nguardianship assistance payments for the care and maintenance of the\\nchild.\\n (b) (i) In the event of death or incapacity of a relative guardian, a\\nsocial services district shall make monthly kinship guardianship\\nassistance payments for the care and maintenance of a child to a\\nsuccessor guardian that has been approved pursuant to subparagraph (ii)\\nof this paragraph.\\n (ii) Following the death or incapacity of the relative guardian, a\\nsocial services official shall approve a prospective successor guardian\\nthat is named in the agreement between the relative guardian and a\\nsocial services official for payments under this title and that has been\\nawarded guardianship or permanent guardianship of the child by the court\\nunless, based on the results of the clearances required by paragraph (d)\\nof subdivision two of this section, the social services official has\\ndetermined that approval of the prospective successor guardian is not\\nauthorized or appropriate. Provided however, that no approval can be\\nissued pursuant to this paragraph unless the prospective successor\\nguardian has been awarded guardianship or permanent guardianship of the\\nchild by the court and the clearances required by paragraph (d) of\\nsubdivision two of this section have been conducted.\\n (iii) Notwithstanding any other provision of law to the contrary, if a\\nprospective successor guardian assumes care of the child prior to being\\napproved pursuant to subparagraph (ii) of this paragraph, payments under\\nthis title shall be made once a prospective guardian is approved\\npursuant to such subparagraph retroactively from: (1) in the event of\\ndeath of the relative guardian, the date the successor guardian assumed\\ncare of the child or the date of death of the relative guardian,\\nwhichever is later; or (2) in the event of incapacity of the relative\\nguardian, the date the successor guardian assumed care of the child or\\nthe date of incapacity of the relative guardian, whichever is later.\\n (c) In the event that a successor guardian assumed care and was\\nawarded guardianship or permanent guardianship of a child due to the\\nincapacity of a relative guardian and the relative guardian is\\nsubsequently awarded or resumes guardianship or permanent guardianship\\nof such child and assumes care of such child after the incapacity ends,\\na social services official shall make monthly kinship guardianship\\nassistance payments for the care and maintenance of the child to the\\nrelative guardian, in accordance with the terms of the fully executed\\nwritten agreement.\\n 6. The amount of the monthly kinship guardianship assistance payment\\nmade pursuant to this section shall be determined pursuant to\\nregulations of the office. The amount of the monthly payment shall not\\nbe less than seventy-five per centum of the applicable board rate nor\\nmore than one hundred per centum of such rate as determined by the\\nsocial services district in accordance with the regulations of the\\noffice; provided, however, that the rate chosen by the social services\\ndistrict shall be equal to the rate used by the district for adoption\\nsubsidy payments under section four hundred fifty-three of this article.\\nThe social services official shall consider the financial status of the\\nprospective relative guardian or relative guardian only for the purpose\\nof determining the amount of the payments to be made.\\n 7. (a) Kinship guardianship assistance payments shall be made to the\\nrelative guardian or guardians until the child's eighteenth birthday or\\nuntil the child attains twenty-one years of age provided the child\\nconsented upon attaining the age of eighteen and is: (i) completing\\nsecondary education or a program leading to an equivalent credential;\\n(ii) enrolled in an institution which provides post-secondary or\\nvocational education; (iii) employed for at least eighty hours per\\nmonth; (iv) participating in a program or activity designed to promote,\\nor remove barriers to, employment; or (v) incapable of any of such\\nactivities due to a medical condition, which incapability is supported\\nby regularly updated information in the case plan of the child.\\n (b) (i) Notwithstanding paragraph (a) of this subdivision, and except\\nas provided for in paragraph (b) of subdivision five of this section, no\\nkinship guardianship assistance payments may be made pursuant to this\\ntitle if the social services official determines that the relative\\nguardian is no longer legally responsible for the support of the child,\\nincluding if the status of the legal guardian is terminated or the child\\nis no longer receiving any support from such guardian. In accordance\\nwith the regulations of the office, a relative guardian who has been\\nreceiving kinship guardianship assistance payments on behalf of a child\\nunder this title must keep the social services official informed, on an\\nannual basis, of any circumstances that would make the relative guardian\\nineligible for such payments or eligible for payments in a different\\namount.\\n (ii) Notwithstanding paragraph (a) of this subdivision, and except as\\nprovided for in paragraph (c) of subdivision five of this section, no\\nkinship guardianship assistance payments may be made pursuant to this\\ntitle to a successor guardian if the social services official determines\\nthat the successor guardian is no longer legally responsible for the\\nsupport of the child, including if the status of the successor guardian\\nis terminated or the child is no longer receiving any support from such\\nguardian. A successor guardian who has been receiving kinship\\nguardianship assistance payments on behalf of a child under this title\\nmust keep the social services official informed, on an annual basis, of\\nany circumstances that would make the successor guardian ineligible for\\nsuch payments or eligible for payments in a different amount.\\n 8. The placement of the child with the relative guardian or successor\\nguardian and any kinship guardianship assistance payments made on behalf\\nof the child under this section shall be considered never to have been\\nmade when determining the eligibility for adoption subsidy payments\\nunder title nine of this article of a child in such legal guardianship\\narrangement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-C", "title" : "Payments for non-recurring guardianship expenses", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-04-08" ], "docLevelId" : "458-C", "activeDate" : "2016-04-08", "sequenceNo" : 653, "repealedDate" : null, "fromSection" : "458-C", "toSection" : "458-C", "text" : " § 458-c. Payments for non-recurring guardianship expenses. 1. A social\\nservices official shall make payments for non-recurring guardianship\\nexpenses incurred by or on behalf of the relatives or successor\\nguardians who have been approved by the social services official to\\nreceive kinship guardianship assistance payments, when such expenses are\\nincurred in connection with assuming the guardianship of a foster child\\nor a former foster child in regard to successor guardians. The agreement\\nfor the payment of non-recurring guardianship expenses must be reflected\\nin the written agreement set forth in subdivision four of section four\\nhundred fifty-eight-b of this title. In accordance with subdivision two\\nof this section, the payments shall be made by the social services\\nofficial either to the relative or successor guardian or guardians\\ndirectly or to an attorney on behalf of the relative or successor\\nguardian or guardians, as applicable, for the allowable amount of\\nnon-recurring guardianship expenses incurred in connection with\\nobtaining such guardianship.\\n 2. The amount of the payment made pursuant to this section shall not\\nexceed two thousand dollars for each foster child for whom the\\nrelatives, or each former foster child for whom the successor guardians,\\nseek guardianship or permanent guardianship and shall be available only\\nfor those expenses that are determined to be eligible for reimbursement\\nby the social services official in accordance with the regulations of\\nthe office of children and family services.\\n 3. Payments for non-recurring guardianship expenses made by a social\\nservices official pursuant to this section shall be treated as\\nadministrative expenditures under title IV-E of the federal social\\nsecurity act and shall be reimbursed by the state accordingly.\\n 4. As used in this section, non-recurring guardianship expenses shall\\nmean reasonable and necessary fees, court costs, attorney fees, and\\nother expenses which are directly related to obtaining legal\\nguardianship of an eligible child and which are not incurred in\\nviolation of federal law or the laws of this state or any other state.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-D", "title" : "Medical subsidy", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24" ], "docLevelId" : "458-D", "activeDate" : "2015-04-24", "sequenceNo" : 654, "repealedDate" : null, "fromSection" : "458-D", "toSection" : "458-D", "text" : " § 458-d. Medical subsidy. 1. Any child with respect to whom federally\\nreimbursable kinship guardianship assistance payments are made under\\nthis title is eligible for medical assistance under title XIX of the\\nfederal social security act.\\n 2. In addition, a social services official shall make payments for the\\ncost of care, services and supplies payable under the state's program of\\nmedical assistance for needy persons provided to any child for whom\\nkinship guardianship assistance payments are being made under this title\\nwho is not eligible for medical assistance under subdivision one of this\\nsection and for whom the relative or successor guardian is unable to\\nobtain appropriate and affordable medical coverage through any other\\navailable means, regardless of whether the child otherwise qualifies for\\nmedical assistance for needy persons. Payments pursuant to this\\nsubdivision shall be made only with respect to the cost of care,\\nservices, and supplies which are not otherwise covered or subject to\\npayment or reimbursement by insurance, medical assistance or other\\nsources. Payments made pursuant to this subdivision shall only be made\\nif the relative or successor guardian applies to obtain such medical\\ncoverage for the child from all available sources, unless the social\\nservices official determines that the relative guardian has good cause\\nfor not applying for such coverage; which shall include that appropriate\\ncoverage is not available or affordable.\\n 3. An application for payments under this section shall be made prior\\nto the issuance of letters of guardianship for the child. An approval of\\nan application for payments under this section shall not be subject to\\nannual review by the social services official, and such approval shall\\nremain in effect for as long as kinship guardianship assistance payments\\nare being made under this title for the child. Applications for such\\npayments shall be accepted prior to the issuance of letters of\\nguardianship of the child, and approval thereof may be granted\\ncontingent upon such issuance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-E", "title" : "Independent living services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-E", "activeDate" : "2014-09-22", "sequenceNo" : 655, "repealedDate" : null, "fromSection" : "458-E", "toSection" : "458-E", "text" : " § 458-e. Independent living services. In accordance with regulations\\nof the office of children and family services, any child who leaves\\nfoster care for guardianship with a relative after attaining sixteen\\nyears of age for whom kinship guardianship assistance payments are being\\nmade under this title shall be eligible:\\n 1. to receive those independent living services that are made\\navailable by the social services district to foster children pursuant to\\nsection 477 of the federal social security act; and\\n 2. to apply for educational and training vouchers made available\\npursuant to such section, which will be awarded based on the priorities\\nestablished by the office of children and family services and the amount\\nof funds made available therefor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-F", "title" : "Fair hearings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24" ], "docLevelId" : "458-F", "activeDate" : "2015-04-24", "sequenceNo" : 656, "repealedDate" : null, "fromSection" : "458-F", "toSection" : "458-F", "text" : " § 458-f. Fair hearings. 1. Any person aggrieved by the decision of a\\nsocial services official not to make a payment or payments pursuant to\\nthis title or to make such payment or payments in an inadequate or\\ninappropriate amount or the failure of a social services official to\\ndetermine an application under this title within thirty days after\\nfiling, or the failure of a social services district to agree to a\\nprospective successor guardian being named in an agreement or to approve\\na prospective successor guardian pursuant to subparagraph (ii) of\\nparagraph (b) of subdivision five of section four hundred fifty-eight-b\\nof this title, or the decision of a social services district to\\nterminate an agreement pursuant to paragraph (h) of subdivision four of\\nsection four hundred fifty-eight-b of this title, may appeal to the\\noffice of children and family services, which shall review the case and\\ngive such person an opportunity for a fair hearing thereon and render\\nits decision within thirty days. All decisions of the office of children\\nand family services shall be binding upon the social services district\\ninvolved and shall be complied with by the social services official\\nthereof.\\n 2. The only issues which may be raised in a fair hearing under this\\nsection are: (a) whether the social services official has improperly\\ndenied an application for payments under this title; (b) whether the\\nsocial services official has improperly discontinued payments under this\\ntitle; (c) whether the social services official has determined the\\namount of the payments made or to be made in violation of the provisions\\nof this title or the regulations of the office of children and family\\nservices promulgated hereunder; (d) whether the social services official\\nhas failed to determine an application under this title within thirty\\ndays; (e) whether the social services official has improperly denied an\\napplication to name a prospective successor guardian in the original\\nkinship guardianship assistance agreement for payments pursuant to this\\ntitle or any amendments thereto; (f) whether a social services official\\nhas inappropriately failed to approve a prospective successor guardian;\\nor (g) whether a social services official has inappropriately terminated\\nan agreement for payments under this title.\\n 3. The provisions of subdivisions two and four of section twenty-two\\nof this chapter shall apply to fair hearings held and appeals taken\\npursuant to this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T11", "title" : "Education Reform Program", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 657, "repealedDate" : null, "fromSection" : "458-L", "toSection" : "458-L", "text" : " TITLE 11\\n EDUCATION REFORM PROGRAM\\nSection 458-l. Education reform program.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-L", "title" : "Education reform program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "458-L", "activeDate" : "2014-09-22", "sequenceNo" : 658, "repealedDate" : null, "fromSection" : "458-L", "toSection" : "458-L", "text" : " § 458-l. Education reform program. 1. As used in this section:\\n (a) \"eligible person\" means an individual who (i) is, or is at risk of\\nbeing, the subject of a person in need of supervision petition in family\\ncourt where elements of an eligible offense have been indicated; or (ii)\\nhas been arrested for or charged with an eligible offense, or it is\\notherwise alleged that such person has committed an eligible offense, as\\nthat term is defined in paragraph (b) of this subdivision. In\\ndetermining whether to order an eligible person who has been arrested\\nfor or charged with an eligible offense as an adult to participate in\\nthe education reform program under this section, a judge must consider,\\namong other factors, prior participation in the program as an adult.\\n (b) \"eligible offense\" means a crime or offense committed, or, in the\\ncase of a person who is, or is at risk of being the subject of a person\\nin need of supervision petition, conduct engaged in, by an eligible\\nperson that involved cyberbullying or the sending or receipt through\\nelectronic means of obscenity, as defined in subdivision one of section\\n235.00 of the penal law, or nudity, as defined in subdivision two of\\nsection 235.20 of the penal law, when the sender and the receiver\\nthereof were both under the age of twenty at the time of such\\ncommunication, but not more than five years apart in age.\\n (c) \"program\" means the education reform program developed pursuant to\\nsubdivision two of this section.\\n 2. The office of children and family services, hereinafter the\\n\"office,\" shall develop and implement, in consultation with the division\\nof criminal justice services and the state education department, an\\neducation reform program to be provided to eligible persons as a\\ndiversion program in accordance with section seven hundred thirty-five\\nof the family court act or, as a condition of adjustment pursuant to\\nsection 308.1 of the family court act, or as a condition of an order of\\nadjournment in contemplation of dismissal, suspended judgment, discharge\\nwith warning, conditional discharge or probation pursuant to article\\nthree or seven of the family court act, as a condition of probation or a\\nconditional discharge pursuant to section 60.37 of the penal law or as a\\ncondition of an adjournment in contemplation of dismissal pursuant to\\nsection 170.55 of the criminal procedure law, as applicable.\\n 3. The program shall be available in every judicial department in the\\nstate; provided that if the office determines that there is not a\\nsufficient number of eligible offenses in a judicial department to\\nmandate the implementation of a program, provisions shall be made for\\nthe residents of such judicial department to participate in a program in\\nanother judicial department where a program exists if practicable with\\nregard to travel and cost, or to complete the education course online.\\n 4. Such program shall be provided in an age-appropriate manner which\\nfocuses on the crime, offense or conduct, shall involve up to eight\\nhours of instruction and shall provide, at a minimum, information\\nconcerning:\\n (a) the legal consequences of and potential penalties for sharing\\nsexually suggestive materials, explicit materials or abusive materials,\\nincluding sanctions imposed under applicable federal and state statutes;\\n (b) the non-legal consequences of sharing sexually suggestive\\nmaterials, explicit materials or abusive materials, including, but not\\nlimited to, the possible effect on relationships, loss of educational\\nand employment opportunities, and the potential for being barred or\\nremoved from school programs and extracurricular activities;\\n (c) how the unique characteristics of cyberspace and the internet,\\nincluding the potential ability of an infinite audience to utilize the\\ninternet to search for and replicate materials, can produce long-term\\nand unforeseen consequences for sharing sexually suggestive materials,\\nexplicit materials or abusive materials; and\\n (d) the potential connection between bullying and cyber-bullying and\\njuveniles sharing sexually suggestive materials, explicit materials or\\nabusive materials.\\n 5. The office, in conjunction with the office of court administration,\\nthe office of probation and correctional alternatives and the division\\nof criminal justice services, shall provide annual notice regarding the\\nprogram to local probation departments, applicable court personnel,\\ncounty defender offices, organizations or groups assigned to act as\\nattorneys for children, district attorneys, presentment agencies and\\ncounty attorneys, for the purpose of such information being provided to\\neach eligible person, his or her attorney and his or her parent or\\nguardian where necessary, upon an order that they complete such program.\\nThe notice shall include, at a minimum, a short description of the\\nprogram, when use of the program is authorized by statute, and the means\\nof accessing and completing the program. The office shall maintain\\ninformation on its website regarding the program, including directions\\nfor accessing the program.\\n 6. Within twenty days of the date upon which the eligible person\\ncompletes the program, the office shall provide such person with a\\ncertification that he or she has successfully completed the program and\\nthe date the program was completed. The eligible person shall be\\nresponsible for completing the program, and providing any necessary\\nproof of completion.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T12", "title" : "Family Support Services Programs", "docType" : "TITLE", "publishedDates" : [ "2019-04-19", "2020-01-10" ], "docLevelId" : "12", "activeDate" : "2020-01-10", "sequenceNo" : 659, "repealedDate" : null, "fromSection" : "458-M", "toSection" : "458-N", "text" : " TITLE 12\\n FAMILY SUPPORT SERVICES PROGRAMS\\nSection 458-m. Family support services programs.\\n 458-n. Funding for family support services programs.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-M", "title" : "Family support services programs", "docType" : "SECTION", "publishedDates" : [ "2019-04-19", "2020-01-10", "2022-01-07", "2022-03-04", "2023-01-06" ], "docLevelId" : "458-M", "activeDate" : "2023-01-06", "sequenceNo" : 660, "repealedDate" : null, "fromSection" : "458-M", "toSection" : "458-M", "text" : " § 458-m. Family support services programs. 1. As used in this title,\\nthe term \"family support services programs\" shall mean a program\\nestablished pursuant to this title to provide community-based supportive\\nservices to children and families with the goal of (i) preventing a\\nchild from being adjudicated a person in need of supervision and help\\nprevent the out of home placements of such youth or (ii) preventing a\\npetition from being filed under article seven of the family court act,\\nor (iii) reducing future interaction with the juvenile justice or child\\nwelfare systems for children under twelve years of age who do not fall\\nunder the definition of juvenile delinquent pursuant to subparagraph\\n(iii) of paragraph (a) of subdivision one of section 301.2 of the family\\ncourt act and whose behavior, but for their age would bring them within\\nthe jurisdiction of the family court pursuant to article three of the\\nfamily court act.\\n 2. Family support services programs shall provide comprehensive\\nservices to such children and their families, either directly or through\\nreferrals with partner agencies, including, but not limited to:\\n (a) rapid family assessments and screenings;\\n (b) crisis intervention;\\n (c) family mediation and skills building;\\n (d) mental and behavioral health services including cognitive\\ninterventions;\\n (e) case management;\\n (f) respite services;\\n (g) education advocacy; and\\n (h) other family support services.\\n 3. The services that are provided shall be trauma responsive, family\\nfocused, gender-responsive, and evidence based or informed and strengths\\nbased and shall be tailored to the individualized needs of the child and\\nfamily based on the assessments and screenings conducted by such family\\nsupport services program.\\n 4. Family support services programs shall have the capacity to serve\\nfamilies outside of regular business hours including evenings and\\nweekends.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-N", "title" : "Funding for family support services programs", "docType" : "SECTION", "publishedDates" : [ "2019-04-19", "2020-01-10" ], "docLevelId" : "458-N", "activeDate" : "2020-01-10", "sequenceNo" : 661, "repealedDate" : null, "fromSection" : "458-N", "toSection" : "458-N", "text" : " § 458-n. Funding for family support services programs. 1.\\nNotwithstanding any other provision of law to the contrary, to the\\nextent that funds are available for such purpose and specifically\\nappropriated therefor, the office of children and family services shall\\ndistribute funding to the highest need municipality which shall mean a\\ncounty or a city with a population of one million or more to contract\\nwith not-for-profit corporations to operate family support services\\nprograms in accordance with the provisions of this title and the\\nspecific program model requirements issued by the office.\\n 2. Notwithstanding any other provision of law to the contrary, when\\ndetermining the highest need municipality pursuant to this subdivision,\\nthe office may consider factors that may include, but are not\\nnecessarily limited to:\\n (a) the total amount of available funding and the amount of funding\\nrequired for family support services programs to meet the objectives\\noutlined in section four hundred fifty-eight-m of this title;\\n (b) relevant, available statistics regarding each municipality, a\\ngroup of two or more municipalities that jointly seek to fund and\\nadminister a family support services program in accordance with\\nsubdivision four of this section which may include, but not necessarily\\nbe limited to:\\n (i) the availability of services within such municipality to prevent\\nor reduce detention or residential placement of youth pursuant to\\narticle seven of the family court act; and\\n (ii) relative to the youth population of such municipality:\\n (1) the number of petitions filed pursuant to article seven of the\\nfamily court act; or\\n (2) the number of placements of youth into residential care or\\ndetention pursuant to article seven of the family court act as\\napplicable, over the last five years;\\n (c) any reported performance outcomes reported to the office pursuant\\nto subdivision three of this section for programs that previously\\nreceived funding pursuant to this title; or\\n (d) other appropriate factors as determined by the office.\\n 3. Municipalities receiving funding under this title shall report to\\nthe office of children and family services, in the form and manner and\\nat such times as determined by the office, on the performance outcomes\\nof any family support service program located within such municipalities\\nthat receives funding under this title.\\n 4. Two or more eligible municipalities within a close geographic\\nwithin a close geographic proximity to each other may enter into an\\nagreement to jointly seek funding for and jointly administer family\\nsupport services programs to service eligible youth and families within\\nsuch municipalities in accordance with this section. Such agreements\\nshall include provisions for the proportionate cost to be borne by each\\nmunicipality and for the manner of employment of personnel and may\\nprovide that a fiscal officer of one such municipality shall be the\\ncustodian of the moneys made available for expenditure for such purposes\\nby all such municipalities and that such fiscal officer may make\\npayments therefrom upon audit of the appropriate auditing body or\\nofficer of his or her municipality. In making claims for state aid\\npursuant to section, each such municipality shall claim for its\\nproportionate share of the total joint expenditures so made. However,\\nwhere it is provided that there shall be a disbursing municipality, such\\ndisbursing municipality shall claim for the total joint program\\nexpenditures so made and shall disburse such state aid to each\\nparticipating municipality based upon the proportionate share of\\nexpenditures so made.\\n 5. Notwithstanding the provisions of subdivisions two, three and four\\nof this section, a municipality, consistent with its approved plan for\\nsupervision and treatment services for juveniles program, may utilize\\nany funding available to such municipality pursuant to section five\\nhundred twenty-nine-b of the executive law to fund family support\\nservices programs pursuant to this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6T12-A", "title" : "Differential Response Programs For Children Under Twelve", "docType" : "TITLE", "publishedDates" : [ "2022-01-07", "2023-01-06" ], "docLevelId" : "12-A", "activeDate" : "2023-01-06", "sequenceNo" : 662, "repealedDate" : null, "fromSection" : "458-O", "toSection" : "458-O", "text" : " TITLE 12-A\\n DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE\\nSection 458-o. Differential response programs for children under twelve.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "458-O", "title" : "Differential response programs for children under twelve", "docType" : "SECTION", "publishedDates" : [ "2022-01-07", "2022-03-04", "2023-01-06" ], "docLevelId" : "458-O", "activeDate" : "2023-01-06", "sequenceNo" : 663, "repealedDate" : null, "fromSection" : "458-O", "toSection" : "458-O", "text" : " § 458-o. Differential response programs for children under twelve. 1.\\nEach local social services district, upon the approval of the office of\\nchildren and family services, shall establish a program that implements\\ndifferential responses to provide services to children under twelve\\nyears of age, who do not fall under the definition of juvenile\\ndelinquent pursuant to subparagraph (iii) of paragraph (a) of\\nsubdivision one of section 301.2 of the family court act and whose\\nbehavior, but for their age, would bring them within the jurisdiction of\\nthe family court pursuant to article three of the family court act. Such\\nprograms shall establish and utilize appropriate assessments and\\nservices for youth, in order to help reduce future interaction with the\\njuvenile justice and/or child welfare systems. Such assessments shall be\\nused to determine what, if any, services are needed, and such services\\nshall utilize the least restrictive intervention protocols available.\\nNotwithstanding any other provision of law to the contrary, the\\nprovisions of this section shall apply only to those cases involving\\nchildren under twelve years of age, who do not fall under the definition\\nof juvenile delinquent pursuant to subparagraph (iii) of paragraph (a)\\nof subdivision one of section 301.2 of the family court act and whose\\nbehavior, but for their age, would bring them within the jurisdiction of\\nthe family court pursuant to article three of the family court act.\\n 2. To establish a differential response program, each local social\\nservices district, as part of their district-wide child welfare services\\nplan, as defined in section four hundred nine-d of this article, shall\\ninclude a plan to serve the youth described in subdivision one of this\\nsection while utilizing certain criteria to be promulgated in regulation\\nby the office of children and family services including but not limited\\nto the following:\\n (a) the types of assessment to determine whether services are\\nnecessary, services and interventions to be provided to children and\\nfamilies included in the differential response program for such children\\nand a description of how the services will be offered. Such services\\nshall include, but not be limited to, those services set forth in\\nsection four hundred nine-a of this article and section four hundred\\nfifty-eight-m of this article;\\n (b) a description of the process to be followed for planning and\\nmonitoring the services provided under the differential responses;\\n (c) a description of how the differential response program will\\nenhance the ability of the district to reduce future interactions with\\nthe juvenile justice and child welfare systems, ensure the safety and\\nwell-being of such children, and ways to ensure such program addresses\\nadverse impacts on minority communities;\\n (d) a description of the training that will be provided to district\\nand any non-district staff to be used in the differential response\\nprogram including, but not limited to, a description of the training set\\nforth in section eight hundred forty of the executive law for police\\nofficers whose main responsibilities are juveniles and the laws\\npertaining thereto; and\\n (e) a description of any additional funding that may be utilized to\\nenhance the differential response program.\\n 3. (a) All records created as part of the differential response\\nprogram for children described in subdivision one of this section shall\\ninclude, but not be limited to, the initial and any subsequent reasons\\nwhy a differential response is recommended for a child, documentation of\\nall services offered and accepted by such child and their family, the\\nplan for supportive services for the child and their family, and all\\nevaluations and assessments of the child's progress.\\n (b) Records created under the differential response program for the\\nchildren described in subdivision one of this section shall be\\nmaintained for five years after a child is referred to a local social\\nservices district for intervention as described in this section or until\\nthe child reaches the age of twelve, whichever is sooner.\\n (c) All reports assigned to, and records created under, the\\ndifferential response program, including but not limited to reports made\\nor written as well as any other information obtained or photographs\\ntaken concerning such reports or records shall be confidential, shall be\\nmade available only to an entity listed below which has been involved in\\nthe particular youth's service delivery, and shall not be redisclosed,\\nexcept as authorized pursuant to subparagraph (vi) of this paragraph,\\nutilizing non-identifying aggregated information. Such entities shall\\ninclude:\\n (i) staff of the office of children and family services and persons\\ndesignated by the office of children and family services;\\n (ii) the social services district responsible for the differential\\nresponse program for children described in subdivision one of this\\nsection;\\n (iii) a community-based agency that has a contract with the social\\nservices district to carry out activities for the district under the\\ndifferential response program;\\n (iv) a provider of services under the differential response program;\\n (v) the child, or to their parent or legal guardian, and the attorney\\nfor the child; and\\n (vi) the office of children and family services and social services\\ndistricts for the sole purpose of preparing the report required pursuant\\nto subdivision five of this section.\\n 4. Expenditures by a social services district pursuant to this section\\nshall be reimbursable from the annual appropriations available for\\nsocial services district expenditures for child welfare services which\\nshall include, but not be limited to, preventive services provided\\npursuant to section four hundred nine-a of this article, funding for\\nfamily support services programs as set forth in section four hundred\\nfifty-eight-n of this article and supervision and treatment services for\\njuveniles program as set forth in section five hundred twenty-nine-b of\\nthe executive law. Nothing shall preclude a social services district\\nfrom seeking private funds for support of their differential response\\nprograms.\\n 5. The office of children and family services shall report on the\\ndifferential response programs established pursuant to this section,\\nincluding the local social services district's efforts to reduce future\\ninteractions with the juvenile justice and child welfare systems, how\\nthe local social services districts are ensuring the safety and\\nwell-being of such children, and how the program is addressing adverse\\nimpacts on minority communities, on an annual basis beginning one year\\nfrom the start of every local social services district's differential\\nresponse program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false } ], "size" : 21 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A6-A", "title" : "Domestic Violence Prevention Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "6-A", "activeDate" : "2019-04-19", "sequenceNo" : 664, "repealedDate" : null, "fromSection" : "459-A", "toSection" : "459-H", "text" : " ARTICLE 6-A\\n DOMESTIC VIOLENCE PREVENTION ACT\\nSection 459-a. Definitions.\\n 459-b. Residential services for victims of domestic violence.\\n 459-c. Non-residential services for victims of domestic\\n violence.\\n 459-d. Reporting requirements.\\n 459-e. Technical assistance.\\n 459-f. Payment for services.\\n 459-g. Cooperation of an abuser not required as a condition of\\n eligibility for benefits or services.\\n 459-h. Confidentiality.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-08-16" ], "docLevelId" : "459-A", "activeDate" : "2019-08-16", "sequenceNo" : 665, "repealedDate" : null, "fromSection" : "459-A", "toSection" : "459-A", "text" : " § 459-a. Definitions. As used in this article: 1. \"Victim of domestic\\nviolence\" means any person over the age of sixteen, any married person\\nor any parent accompanied by his or her minor child or children in\\nsituations in which such person or such person's child is a victim of an\\nact which would constitute a violation of the penal law, including, but\\nnot limited to acts constituting disorderly conduct, harassment,\\naggravated harassment, sexual misconduct, forcible touching, sexual\\nabuse, stalking, criminal mischief, menacing, reckless endangerment,\\nkidnapping, assault, attempted assault, attempted murder, criminal\\nobstruction of breathing or blood circulation, strangulation, identity\\ntheft, grand larceny or coercion; and\\n (i) such act or acts have resulted in actual physical or emotional\\ninjury or have created a substantial risk of physical or emotional harm\\nto such person or such person's child; and\\n (ii) such act or acts are or are alleged to have been committed by a\\nfamily or household member.\\n 2. \"Family or household members\" mean the following individuals:\\n (a) persons related by consanguinity or affinity;\\n (b) persons legally married to one another;\\n (c) persons formerly married to one another regardless of whether they\\nstill reside in the same household;\\n (d) persons who have a child in common regardless of whether such\\npersons are married or have lived together at any time;\\n (e) unrelated persons who are continually or at regular intervals\\nliving in the same household or who have in the past continually or at\\nregular intervals lived in the same household;\\n (f) persons who are not related by consanguinity or affinity and who\\nare or have been in an intimate relationship regardless of whether such\\npersons have lived together at any time. Factors that may be considered\\nin determining whether a relationship is an \"intimate relationship\"\\ninclude, but are not limited to: the nature or type of relationship,\\nregardless of whether the relationship is sexual in nature; the\\nfrequency of interaction between the persons; and the duration of the\\nrelationship. Neither a casual acquaintance nor ordinary fraternization\\nbetween two individuals in business or social contexts shall be deemed\\nto constitute an \"intimate relationship\"; or\\n (g) any other category of individuals deemed to be a victim of\\ndomestic violence as defined by the office of children and family\\nservices in regulation.\\n 3. \"Parent\" means a natural or adoptive parent or any individual\\nlawfully charged with a minor child's care or custody.\\n 4. \"Residential program for victims of domestic violence\" means any\\nresidential care program certified by the department and operated by a\\nnot-for-profit organization in accordance with the regulations of the\\ndepartment for the purpose of providing emergency shelter, services and\\ncare to victims of domestic violence. Residential programs for victims\\nof domestic violence shall include, but shall not be limited to:\\n (a) \"Domestic violence shelters\", which shall include any residential\\ncare facility organized for the exclusive purpose of providing emergency\\nshelter, services and care to victims of domestic violence and their\\nminor children, if any;\\n (b) \"Domestic violence programs\" which shall include any facility\\nwhich otherwise meets or would meet the requirements of paragraph (a) of\\nthis subdivision, except that victims of domestic violence and their\\nminor children, if any, constitute at least seventy percent of the\\nclientele of such program; and\\n (c) \"Safe home networks\" which shall include any organized network of\\nprivate homes offering emergency shelter and services to victims of\\ndomestic violence and their minor children, if any. Such network shall\\nbe coordinated by a not-for-profit organization.\\n 5. \"Non-residential program for victims of domestic violence\" means\\nany program operated by a not-for-profit organization, for the purpose\\nof providing non-residential services to victims of domestic violence,\\nincluding, but not limited to, information and referral services,\\nadvocacy, counseling, and community education and outreach activities\\nand providing or arranging for hotline services. Victims of domestic\\nviolence and their children, if any, shall constitute at least seventy\\npercent of the clientele of such programs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-B", "title" : "Residential services for victims of domestic violence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2016-01-01", "2016-03-18", "2016-04-08", "2021-12-03" ], "docLevelId" : "459-B", "activeDate" : "2021-12-03", "sequenceNo" : 666, "repealedDate" : null, "fromSection" : "459-B", "toSection" : "459-B", "text" : " § 459-b. Residential services for victims of domestic violence. In\\naccordance with section one hundred thirty-one-u of this chapter and the\\nregulations of the office of children and family services, a social\\nservices district shall offer and provide necessary and available\\nemergency shelter and services for up to ninety days at a residential\\nprogram for victims of domestic violence to a victim of domestic\\nviolence who was residing in the social services district at the time of\\nthe alleged domestic violence whether or not such victim is eligible for\\npublic assistance. Two forty-five day extensions of necessary and\\navailable emergency shelter may be granted beyond the maximum length of\\nstay at a residential program for victims of domestic violence for\\nresidents who continue to be in need of emergency services and temporary\\nshelter. If the victim of domestic violence has a service animal as such\\nterm is defined in section one hundred twenty-three-b of the agriculture\\nand markets law, or therapy dog as such term is defined in section one\\nhundred eight of the agriculture and markets law, respectively, such\\nservice animal or therapy dog shall be allowed to accompany the victim\\nat the residential program authorized pursuant to this section, so long\\nas such accompaniment would not create an undue burden as defined by\\nsection two hundred ninety-six of the executive law.\\n Where such accompaniment would constitute an undue burden, the\\nresidential program shall make reasonable efforts to facilitate\\nplacement of such animal at an off-site animal care facility or if\\nreasonable efforts fail, provide referral to one or more off-site animal\\ncare facilities. Such off-site animal care may include, but not be\\nlimited to, boarding at a veterinary hospital or under the auspices of a\\nduly incorporated humane society, or duly incorporated animal protection\\nassociation approved for such purpose by the department of agriculture\\nand markets.\\n Nothing in this section shall be construed to limit any rights or\\nobligations provided pursuant to federal or state law, including but not\\nlimited to providing reasonable accommodations for individuals with\\ndisabilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-C", "title" : "Non-residential services for victims of domestic violence", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "459-C", "activeDate" : "2014-09-22", "sequenceNo" : 667, "repealedDate" : null, "fromSection" : "459-C", "toSection" : "459-C", "text" : " § 459-c. Non-residential services for victims of domestic violence. 1.\\nIn accordance with the provisions of this section and the regulations of\\nthe department, a social services district shall offer and provide\\nnon-residential services including but not limited to, information and\\nreferral services, advocacy, counseling, community education and\\noutreach activities, and hotline services, to a victim of domestic\\nviolence whether or not the victim is eligible for public assistance. A\\nsocial services district may provide such non-residential services\\ndirectly or may purchase such services from a not-for-profit\\norganization operating a residential program and/or a non-residential\\nprogram for victims of domestic violence.\\n 2. To the extent that funds are appropriated expressly therefore and a\\nsocial services district has exhausted its allocation under title XX of\\nthe federal social security act, state reimbursement shall be available\\nfor fifty percent of the expenditures made by a social services district\\nfor those non-residential services provided to victims of domestic\\nviolence which are included in the social services district's multi-year\\nconsolidated services plans and annual implementation reports approved\\nby the department pursuant to section thirty-four-a of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-D", "title" : "Reporting requirements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "459-D", "activeDate" : "2014-09-22", "sequenceNo" : 668, "repealedDate" : null, "fromSection" : "459-D", "toSection" : "459-D", "text" : " § 459-d. Reporting requirements. The commissioner shall submit a\\nreport prior to December fifteenth, nineteen hundred eighty-eight and\\nannually thereafter to the governor and the legislature regarding the\\nimplementation of this article. Such report shall include:\\n 1. the number of persons estimated to have been assisted in programs\\ncovered by this article;\\n 2. the number of persons estimated to have been denied shelter and/or\\nservices;\\n 3. the amount of public and private funds for approved programs by\\nservice type;\\n 4. the amount of funds used for the administration and staffing of\\nsuch programs;\\n 5. the occupancy rate and length of stay by residential program;\\n 6. the name and description of new programs developed by service type;\\n 7. the name and description of programs in danger of closing that\\nreceived funds and the status of such programs;\\n 8. the name and description of programs that closed during the\\nreporting year and the reason for such closure;\\n 9. the number of individuals who requested and received transitional\\nservices and the effect of providing such services to victims of\\ndomestic violence and their families;\\n 10. the name and description of programs which received technical\\nassistance and the effect of such assistance;\\n 11. a schedule showing the approved daily rates of reimbursement\\npayable to residential programs for victims of domestic violence\\npursuant to section one hundred thirty-one-u of this chapter; and\\n 12. all such other matters as may be necessary to inform the governor\\nand the legislature regarding the implementation and effectiveness of\\nprograms covered by this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-E", "title" : "Technical assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "459-E", "activeDate" : "2014-09-22", "sequenceNo" : 669, "repealedDate" : null, "fromSection" : "459-E", "toSection" : "459-E", "text" : " § 459-e. Technical assistance. To the extent that funds are available,\\nthe department shall arrange for or provide technical assistance to\\nresidential and non-residential programs for victims of domestic\\nviolence. Technical assistance shall include, but shall not be limited\\nto, budgeting techniques, fund raising and program management.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-F", "title" : "Payment for services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-04-19" ], "docLevelId" : "459-F", "activeDate" : "2019-04-19", "sequenceNo" : 670, "repealedDate" : null, "fromSection" : "459-F", "toSection" : "459-F", "text" : " § 459-f. Payment for services. Payments by a social services district\\nto a residential program for victims of domestic violence for the costs\\nof emergency shelter and services provided to a victim of domestic\\nviolence at the daily reimbursement rate determined by the department in\\naccordance with section one hundred thirty-one-u of this chapter shall\\nbe reduced by the sum of any other reimbursement available for such\\ncosts.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-G", "title" : "Cooperation of an abuser not required as a condition of eligibility for benefits or services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "459-G", "activeDate" : "2014-09-22", "sequenceNo" : 671, "repealedDate" : null, "fromSection" : "459-G", "toSection" : "459-G", "text" : " § 459-g. Cooperation of an abuser not required as a condition of\\neligibility for benefits or services. 1. Neither the state, a political\\nsubdivision of the state, a public authority, nor any employee or agent\\nthereof shall, in any way, condition eligibility or receipt of services\\nor benefits by a victim of domestic violence, as defined in this\\narticle, by requiring the victim to contact the person who perpetrated\\nsuch domestic violence or by requiring the person who perpetrated such\\ndomestic violence to complete any forms, provide any information, appear\\nin person, or cooperate in any other manner as a part of such victim's\\napplication for or process of certification for continued receipt of any\\nservices or benefits in this state.\\n 2. Although such information or cooperation shall not be required as a\\ncondition of eligibility for or receipt of such services or benefits, in\\nthe event the governmental entity, employee or agent seeks any such\\ninformation or cooperation, such entity, employee or agent shall, if\\ninformed consent is given in writing by such victim of domestic\\nviolence, provide an intermediary to make such contact in a manner that\\nprotects the privacy, confidentiality and current location of the\\nvictim. In the event the governmental entity, employee or agent seeks\\nany such information or cooperation to comply with any federal law,\\nregulation or mandate, such entity, employee or agent shall so advise\\nthe victim of domestic violence and provide an intermediary to make such\\ncontact on behalf of the victim in a manner that will protect the\\nprivacy, confidentiality and current location of the victim.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "459-H", "title" : "Confidentiality", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "459-H", "activeDate" : "2014-09-22", "sequenceNo" : 672, "repealedDate" : null, "fromSection" : "459-H", "toSection" : "459-H", "text" : " § 459-h. Confidentiality. 1. The street address of any residential\\nprogram for victims of domestic violence applying for funding pursuant\\nto this article shall be confidential and may be disclosed only to\\npersons designated by rules and regulations of the department.\\n 2. All information related to the general location or specific street\\naddress of a structure anticipated to house a residential program for\\nvictims of domestic violence that is contained in any application\\nsubmitted to a state or local agency or any instrumentality thereof\\nprior to the filing of an application for funding pursuant to this\\narticle shall be kept confidential by those entities and their employees\\nand may be disclosed only to persons designated by the rules and\\nregulations of the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 8 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A7", "title" : "Residential Care Programs For Adults and Children", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2017-04-28", "2021-04-02" ], "docLevelId" : "7", "activeDate" : "2021-04-02", "sequenceNo" : 673, "repealedDate" : null, "fromSection" : "460", "toSection" : "463-B", "text" : " ARTICLE 7\\n RESIDENTIAL CARE PROGRAMS FOR ADULTS AND CHILDREN\\nTitle 1. General provisions (§§ 460--460-h).\\n 2. Residential programs for adults (§§ 461--461-u).\\n 3. Residential programs for children (§§ 462--462-b).\\n 4. Registry of community residential facilities (§§ 463--463-b).\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A7T1", "title" : "General Provisions", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2017-04-28" ], "docLevelId" : "1", "activeDate" : "2017-04-28", "sequenceNo" : 674, "repealedDate" : null, "fromSection" : "460", "toSection" : "460-H", "text" : " TITLE 1\\n GENERAL PROVISIONS\\nSection 460. Declaration of policy and statement of purpose.\\n 460-a. Certificates of incorporation.\\n 460-b. Operating certificate.\\n 460-c. Inspection and supervision.\\n 460-d. Enforcement powers.\\n 460-e. Records and reports; confidentiality; information.\\n 460-f. Penalties.\\n 460-g. Construction.\\n 460-h. Review of criminal history information concerning\\n prospective employees, consultants, assistants and\\n volunteers of publicly-funded emergency shelters for\\n families with children.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460", "title" : "Declaration of policy and statement of purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460", "activeDate" : "2014-09-22", "sequenceNo" : 675, "repealedDate" : null, "fromSection" : "460", "toSection" : "460", "text" : " § 460. Declaration of policy and statement of purpose. Residential\\ncare programs for adults and children of the highest quality,\\nefficiently produced and properly utilized at a reasonable cost, are a\\nmatter of vital concern to the people of this state. In order to more\\neffectively protect and assure the life, health, safety and comfort of\\nadults and children who must be cared for away from their own homes, the\\ndepartment of social services acting directly or through social services\\ndistricts, and with the cooperation of other state agencies, shall have\\nthe comprehensive responsibility for the development and administration\\nof programs, standards and methods of operation, and all other matters\\nof state policy, with respect to residential care programs for children\\nand adults and all facilities and agencies, whether public or private,\\nwhich are subject to the provisions of this article. For the purposes of\\nthis article, with respect to residential care programs for children,\\nthe term \"department\" shall mean the office of children and family\\nservices and with respect to residential care programs for adults, the\\nterm shall mean the office of children and family services in relation\\nto family type homes for adults and residential programs for victims of\\ndomestic violence, the office of temporary and disability assistance in\\nrelation to shelters for adults and shelters for families; and the\\ndepartment of health in relation to all other residential care programs\\nfor adults.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-A", "title" : "Certificates of incorporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-A", "activeDate" : "2014-09-22", "sequenceNo" : 676, "repealedDate" : null, "fromSection" : "460-A", "toSection" : "460-A", "text" : " § 460-a. Certificates of incorporation. 1. Unless the written approval\\nof the department shall have been endorsed on or annexed to a\\ncertificate of incorporation, no such certificate shall hereafter be\\nfiled which includes among its corporate purposes the care of destitute,\\ndelinquent, abandoned, neglected or dependent children; the\\nestablishment or operation of any aged care accommodation, as defined in\\nthe private housing finance law, or adult care facility; the placing-out\\nor boarding-out of children, as defined in this chapter; the\\nestablishment or operation of a home or shelter for unmarried mothers or\\na residential program for victims of domestic violence, as defined in\\nsubdivision four of section four hundred fifty-nine-a of this chapter;\\nor the solicitation of contributions for any such purpose or purposes,\\nprovided, however, that the approval of the department shall not be\\nrequired for filing of a certificate of incorporation which is\\nrestricted in its statement of corporate purposes to the establishment\\nor operation of a facility for which an operating certificate is\\nrequired by article twenty-three, nineteen, thirty-one or thirty-two of\\nthe mental hygiene law, or to the establishment or operation of a\\nhospital, residential health care facility, or a home health agency, as\\nthose terms are defined in article twenty-eight of the public health\\nlaw.\\n 2. The department shall promulgate regulations establishing the\\nprocedure for submitting certificates of incorporation for approval and\\nspecifying the documentation to be submitted in connection with such\\napproval. The department shall approve or disapprove a certificate of\\nincorporation solely on the basis of information submitted pursuant to\\nregulations. The department shall approve or disapprove a certificate of\\nincorporation by indicating its approval by endorsement of the\\ncertificate of incorporation or its disapproval by giving written notice\\nthereof, which notice shall state the reasons for disapproval. A\\ncertificate of incorporation not acted upon within sixty days of the\\nreceipt of all information and documentation required by department\\nregulations shall be deemed to be disapproved.\\n 3. Where a corporation engages in, or holds itself out as being\\nauthorized to engage in, activities described in this section without\\nhaving obtained requisite approvals, the department may institute and\\nmaintain an action in the supreme court through the attorney general to\\nprocure a judgement dissolving and vacating or annulling the certificate\\nof incorporation of any such corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-B", "title" : "Operating certificate", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-B", "activeDate" : "2014-09-22", "sequenceNo" : 677, "repealedDate" : null, "fromSection" : "460-B", "toSection" : "460-B", "text" : " § 460-b. Operating certificate. 1. No facility subject to\\ninspection and supervision by the department, except a facility operated\\nby a state department or agency, or a facility which pursuant to law is\\nlicensed or certified to operate by a state department or agency or by\\nan authorized agency as such term is defined in section three hundred\\nseventy-one of this chapter, shall be operated unless it shall possess a\\nvalid operating certificate issued pursuant to this article by the\\ndepartment, which certificate shall specify who the operator of the\\nfacility shall be, the kind or kinds of care and services such facility\\nis authorized to provide, the capacity of the facility, the location of\\nthe facility and, except in the case of a facility operated by an\\nauthorized agency as such term is defined in paragraph (a) of\\nsubdivision ten of section three hundred seventy-one of this chapter,\\nthe duration of the period of its validity. The department shall by\\nregulation specify the manner in which the public shall be given notice\\nof the existence of such operating certificate.\\n 2. Application for an operating certificate pursuant to this article\\nshall be made upon forms prescribed by the department and in accordance\\nwith procedures established by regulations of the department. The\\napplication shall contain the name of the facility, the kind or kinds of\\ncare and services to be provided, the location and physical description\\nof the facility, and such other information as the department may\\nrequire. The application shall be approved and an operating certificate\\nshall be issued when it is established to the satisfaction of the\\ndepartment that the facility meets, and will be operated in accordance\\nwith, the requirements of this article, the regulations of the\\ndepartment and all other applicable provisions of law including\\nrequirements as to the premises, equipment, personnel, care and\\nservices, rules, by-laws and administrative practices.\\n 3. Each facility required to obtain an operating certificate pursuant\\nto this section shall be required, as a condition of qualifying for or\\nremaining qualified for such certificate, to demonstrate to the\\nsatisfaction of the department that it has taken all reasonable steps to\\nassure that residents entitled to a personal allowance pursuant to\\nsection one hundred thirty-one-o of this chapter have in fact received\\nthe full personal benefit of such allowance, and that proper accounting\\nprocedures have been complied with.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-C", "title" : "Inspection and supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-C", "activeDate" : "2014-09-22", "sequenceNo" : 678, "repealedDate" : null, "fromSection" : "460-C", "toSection" : "460-C", "text" : " § 460-c. Inspection and supervision. 1. Excepting state institutions\\nfor the education and support of the blind, the deaf and the dumb,\\nfacilities subject to the approval, visitation and inspection of the\\nstate department of mental hygiene or the state commission of\\ncorrection, facilities operated by or under the supervision of the\\ndivision for youth and facilities subject to the supervision of the\\ndepartment of health pursuant to article twenty-eight of the public\\nhealth law, the department shall inspect and maintain supervision over\\nall public and private facilities or agencies whether state, county,\\nmunicipal, incorporated or not incorporated which are in receipt of\\npublic funds, which are of a charitable, eleemosynary, correctional or\\nreformatory character, including facilities or agencies exercising\\ncustody of dependent, neglected, abused, maltreated, abandoned or\\ndelinquent children, agencies engaged in the placing-out or boarding-out\\nof children as defined in section three hundred seventy-one of this\\nchapter, homes or shelters for unmarried mothers, residential programs\\nfor victims of domestic violence as defined in subdivision five of\\nsection four hundred fifty-nine-a of this chapter and adult care\\nfacilities.\\n 2. Upon inspection of any facility subject to the inspection and\\nsupervision of the department pursuant to subdivision one of this\\nsection, inquiry may be made to ascertain:\\n (a) whether the objectives of the facility or agency are being\\naccomplished;\\n (b) whether all applicable provisions of law and regulations of the\\ndepartment are being fully complied with;\\n (c) the general management and financial condition of the facility,\\nincluding any sources of public funds received;\\n (d) its methods of and equipment for scholastic and career education,\\nand whether the same are best adapted to the needs of the residents and\\nbeneficiaries;\\n (e) its methods of administration;\\n (f) its methods of and equipment for providing care, medical\\nattention, treatment and discipline of its residents and beneficiaries,\\nand whether the same are best adapted to the needs of the residents and\\nbeneficiaries;\\n (g) the qualifications and general conduct of its officers and\\nemployees;\\n (h) the condition of its grounds, buildings and other property; and\\n (i) any other matter connected with or pertaining to its usefulness\\nand good management or to the interests of its residents or\\nbeneficiaries.\\n 2-a. Special procedures relating to abuse and neglect of vulnerable\\npersons. (a) If the report of an investigation of abuse or neglect is\\nsubstantiated in accordance with article eleven of this chapter, the\\ndirector or operator of a residential facility or program shall submit\\nto the department, within ten business days of receipt of notice of the\\nsubstantiated report, a written plan of prevention and remediation to be\\ntaken with respect to the subject of such report to protect the\\ncontinued health, safety and welfare of the service recipients and\\nprovide for the prevention of future acts of abuse or neglect. The\\ndepartment shall approve or disapprove such plan and specify necessary\\nrevisions within ten days of its receipt and shall monitor its\\nimplementation pursuant to the provisions of this chapter.\\n (b) In the event an investigation of a report of alleged abuse or\\nneglect determines that a preponderance of evidence of abuse or neglect\\nexists and such abuse or neglect may be attributed in whole or in part\\nto noncompliance by the facility or program with provisions of this\\nchapter or regulations of the department applicable to the operation of\\nsuch residential facility or program, the director or operator of such\\nfacility or program shall, in consultation with officials of the\\ndepartment responsible for the approval of operating certificates and\\nfor monitoring the provision of protective services to service\\nrecipients, develop a plan of prevention and remediation which shall be\\nsubmitted to and approved by the department in accordance with time\\nlimits established by regulations of the department. Implementation of\\nsuch plan shall be jointly monitored by officials of the department\\nresponsible for the approval of operating certificates and for\\nmonitoring the provision of protective services to service recipients.\\nIn reviewing the continuing qualification of a residential facility or\\nprogram for an operating certificate, the department shall evaluate such\\nfacility's or program's compliance with plans of prevention and\\nremediation developed and implemented pursuant to this section.\\n (c) Development and implementation of plans pursuant to this section\\nshall, to the extent possible, be coordinated with remediation plans\\nrequired by local social services districts.\\n 3. With respect to any corporation heretofore or hereafter formed by a\\nspecial act or under a general law, or any unincorporated organization,\\ninstitution, facility or agency, which actually engages in any of the\\naforementioned works but which is not in receipt of public funds, the\\ndepartment is authorized to inspect and supervise with respect to the\\nhealth, safety, treatment and training of its residents, or of the\\nchildren under its custody.\\n 4. The commissioner or any official so authorized by him may conduct\\nany inquiry pursuant to the authority of section thirty-four of this\\nchapter, in relation to any matter arising out of an inspection\\nperformed pursuant to this title. Any officer or duly authorized\\nemployee shall have full access to the grounds, buildings, books and\\npapers relating to any such facility or agency and may require from the\\nofficers and persons in charge thereof any information he may deem\\nnecessary in the discharge of his duties. The department may establish\\nrules according to which, and provide blanks and forms upon which, such\\ninformation shall be furnished, in a clear, uniform and prompt manner.\\n 5. Any officer, superintendent or employee of any such facility or\\nagency who shall intentionally refuse to admit any officer or inspector\\nof the department for the purpose of inspection, or shall intentionally\\nrefuse or fail to furnish the information required by the department or\\nany officer or inspector, shall be guilty of a misdemeanor.\\n 6. The rights and powers conferred by this section may be enforced by\\nan order of the supreme court after notice and hearing, or by indictment\\nby the grand jury of the county, or both.\\n 7. The inspection and supervision powers and duties of the\\ncommissioner as established by this section may, in the case of any\\nfamily type home for adults with a capacity of four or less, be\\ndelegated in whole or in part, to the local commissioner of the social\\nservices district in which such facility is located, and such local\\ncommissioner shall make reports regarding such facility in such form and\\nmanner and at such time as the department regulations may require.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-D", "title" : "Enforcement powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2017-07-07", "2018-07-06", "2018-12-14", "2019-07-12", "2019-09-06", "2021-07-02", "2023-07-07", "2025-05-16" ], "docLevelId" : "460-D", "activeDate" : "2021-07-02", "sequenceNo" : 679, "repealedDate" : null, "fromSection" : "460-D", "toSection" : "460-D", "text" : " § 460-d. Enforcement powers. 1. The commissioner or any person\\ndesignated by the commissioner may undertake an investigation of the\\naffairs and management of any facility subject to the inspection and\\nsupervision provision of this article, or of any person, corporation,\\nsociety, association or organization which operates or holds itself out\\nas being authorized to operate any such facility, or of the conduct of\\nany officers or employers of any such facility. Persons empowered by the\\ncommissioner to conduct any such investigation are hereby empowered to\\nissue compulsory process for the attendance of witnesses and the\\nproduction of papers, to administer oaths and to examine persons under\\noath, and to exercise the same powers in respect to the conduct of such\\nan investigation as belong to referees appointed by the supreme court.\\n 2. If it shall appear after such investigation that the residents of\\nthe facility are cruelly, negligently or improperly treated, or that\\ninadequate provision is made for their sustenance, clothing, care,\\nsupervision or other condition necessary for their comfort and\\nwell-being, the department may issue an order in the name of the people,\\nand under the official seal of the state, directing the appropriate\\nofficers or managers of such facility to modify such treatment or\\nprovide such other remedy as may be specified therein. Before any such\\norder is issued, it must be approved by a justice of the supreme court,\\nafter such notice as he may prescribe and after an opportunity to be\\nheard, and any person to whom such an order is directed who shall\\nintentionally fail or refuse to obey its terms shall be guilty of a\\nmisdemeanor.\\n 3. The attorney general and every district attorney shall upon request\\nof the department furnish such legal assistance, counsel or advice as\\nthe department may require in the discharge of its duties.\\n 4. (a) The operating certificate of any facility may be revoked,\\nsuspended or limited upon a determination by the department that the\\nfacility has failed to comply with the requirements of state or local\\nlaws or regulations applicable to the operation of such facility.\\n (b) No operating certificate shall be revoked, suspended or limited\\nwithout a hearing held in accordance with procedures established by\\ndepartment regulations, which procedures shall require that notice of\\nthe time and place of the hearing, and notice of the charges, shall be\\nserved in person or by certified mail addressed to the facility at least\\nthirty days prior to the date of the hearing. A written answer to the\\ncharges may be filed with the department not less than ten business days\\nprior to the date of the hearing. An operating certificate may,\\nnevertheless, be suspended or limited without a hearing for a period not\\nin excess of sixty days, upon written notice to the facility following a\\nfinding by the department that the public health, or an individual's\\nhealth, safety or welfare, are in imminent danger.\\n (c) Any order or determination to suspend any operating certificate\\nwill specify the conditions of the suspension. These conditions may\\ninclude but need not be limited to the following:\\n (i) if required for the protection of the health, safety or welfare of\\nthe residents, the immediate transfer of some or all residents to other\\nappropriate facilities or to the custody of their legal guardians, if\\nany;\\n (ii) the appointment of a temporary operator to operate the facility\\nduring the term of the suspension;\\n (iii) the immediate transfer of all records concerning the operation\\nof the facility, including resident records, facility business records\\nand any other records related to the operation of the facility to the\\ndepartment immediately. The department shall control the records for the\\nterm of the suspension;\\n (iv) the operator or operators of the facility shall be barred from\\naccess to the facility during the term of the suspension; or\\n (v) the requirement that the operator, if replaced by a temporary\\noperator, provide the temporary operator with any funds received by the\\noperator for the operation of the facility.\\n (d) Any order or determination to limit an operating certificate shall\\nspecify the manner in which the operating certificate is to be limited.\\nAn operating certificate may be found subject to one or more of the\\nfollowing limitations:\\n (i) a limitation on the period of time for which such certificate\\nremains effective, contingent on a determination that specified\\nviolations have been corrected or specified conditions have been met;\\n (ii) a limitation on the number of persons for which such facility is\\nauthorized to provide care; or\\n (iii) a prohibition against the admission of new residents after a\\nspecified date.\\n (e) Any order or determination of revocation, suspension or limitation\\nof the operating certificate shall be subject to judicial review in\\naccordance with article seventy-eight of the civil practice law and\\nrules.\\n 5. In addition to or as an alternative to any power which the\\ndepartment may exercise under this article, the supreme court may grant\\nequitable relief against violations or threatened violations of this\\narticle or of the regulations of the department by any facility subject\\nto the inspection and supervision of the department. The attorney\\ngeneral may seek such equitable relief, in the name of the people, upon\\nthe request of the department. Service in such an action shall state the\\nnature of the violation and shall be accomplished in the manner\\nprescribed by the civil practice law and rules; provided, however, that\\nan ex parte order for equitable relief may issue, notwithstanding the\\ncivil practice law and rules, if the court finds, on motion and\\naffidavit, that such violation may reasonably be expected to result in\\nimminent danger to the public health or to the health, safety or welfare\\nof any individual in a facility subject to the department's inspection\\nand supervision. The court, after a hearing, may make an order granting\\nsuch equitable relief as it may deem necessary, including, but not\\nlimited to a preliminary injunction or a permanent injunction, enjoining\\na facility from admitting new residents, directing the department and\\nsuch facility to arrange for the transfer of residents to other\\nfacilities, appointment of a temporary or permanent receiver for the\\nprotection of the public health or the health, safety and welfare of any\\nindividual in such facility, or directing a facility operator to\\ntransfer all records concerning the operation of the facility, including\\nresident records, facility business records and any other records\\nrelated to the operation of the facility to the department immediately.\\nThe people shall not be required to post security or bond.\\n 6. Orders prohibiting placing-out or boarding-out of children or\\norders of removal of any child may be issued and enforced in accordance\\nwith section three hundred eighty-five of this chapter.\\n 7. (a) The department shall adopt regulations establishing civil\\npenalties of up to one thousand dollars per day to be assessed against\\nall adult care facilities except facilities operated by a social\\nservices district for violations of (i) regulations of the department\\npertaining to the care of residents in such facilities, (ii) paragraph\\n(a) of subdivision three of section four hundred sixty-one-a of this\\nchapter, or (iii) an order issued pursuant to subdivision eight of this\\nsection. The regulations shall specify the violations subject to penalty\\nand the amount of the penalty to be assessed in connection with each\\nsuch violation and shall specify that only civil penalties of up to one\\nthousand dollars per day per violation shall be assessed pursuant to\\nthis paragraph against an adult care facility found responsible for an\\nact of retaliation or reprisal against any resident, employee, or other\\nperson for having filed a complaint with or having provided information\\nto any long term care patient ombudsman functioning in accordance with\\nsection five hundred forty-four or five hundred forty-five of the\\nexecutive law.\\n (b) (1) In addition to any other civil or criminal penalty provided by\\nlaw, the department shall have the power to assess civil penalties in\\naccordance with its regulations adopted pursuant to paragraph (a) of\\nthis subdivision, after a hearing conducted in accordance with the\\nprocedures established by regulations of the department. Such procedures\\nshall require that notice of the time and place of the hearing, together\\nwith a statement of charges of violations, shall be served in person or\\nby certified mail addressed to the facility at least thirty days prior\\nto the date of the hearing. The statement of charges of violations shall\\nset forth the existence of the violations, the amount of penalty for\\nwhich it may become liable and the steps which must be taken to rectify\\nthe violation and, where applicable, a statement that the department\\ncontends that a penalty may be imposed under this paragraph regardless\\nof rectification. An answer to the charges of violations, in writing,\\nshall be filed with the department, not less than ten days prior to the\\ndate of hearing. The answer shall notify the department of the\\nfacility's position with respect to each of the charges and shall\\ninclude all matters which if not disclosed in the answer would be likely\\nto take the department by surprise. The commissioner, or a member of his\\nstaff who is designated and authorized by him to hold such hearing, may\\nin his discretion allow the facility to prove any matter not included in\\nthe answer. Where the facility satisfactorily demonstrates that it\\neither had rectified the violations within thirty days of receiving\\nwritten notification of the results of the inspection pursuant to\\nsection four hundred sixty-one-a of this chapter, or had submitted\\nwithin thirty days an acceptable plan for rectification and was\\nrectifying the violations in accordance with the steps and within the\\nadditional periods of time as accepted by the department in such plan,\\nno penalty shall be imposed, except as provided in subparagraph two of\\nthis paragraph.\\n (2) Rectification shall not preclude the assessment of a penalty if\\nthe department establishes at a hearing that a particular violation,\\nalthough corrected, endangered or resulted in harm to any resident as\\nthe result of:\\n (i) the total or substantial failure of the facility's fire detection\\nor prevention systems, or emergency evacuation procedures prescribed by\\ndepartment safety standard regulations;\\n (ii) the retention of any resident who has been evaluated by the\\nresident's physician as being medically or mentally unsuited for care in\\nthe facility or as requiring placement in a hospital or residential\\nhealth care facility and for whom the operator is not making persistent\\nefforts to secure appropriate placement;\\n (iii) the failure in systemic practices and procedures;\\n (iv) the failure of the operator to take actions as required by\\ndepartment regulations in the event of a resident's illness or accident;\\n (v) the failure of the operator to provide at all times supervision of\\nresidents by numbers of staff at least equivalent to the night staffing\\nrequirement set forth in department regulations; or\\n (vi) unreasonable threats of retaliation or taking reprisals,\\nincluding but not limited to unreasonable threats of eviction or\\nhospitalization against any resident, employee or other person who makes\\na complaint concerning the operation of an adult care facility,\\nparticipates in the investigation of a complaint or is the subject of an\\naction identified in a complaint.\\n The department shall specify in its regulations those regulations to\\nwhich this subparagraph two shall apply.\\n (3) In assessing penalties pursuant to this paragraph, the department\\nshall consider promptness of rectification, delay occasioned by the\\ndepartment, and the specific circumstances of the violations as\\nmitigating factors.\\n (c) Upon the request of the department, the attorney general may\\ncommence an action in any court of competent jurisdiction against any\\nfacility subject to the provisions of this section, and against any\\nperson or corporation operating such facility, for the recovery of any\\npenalty assessed by the department in accordance with the provisions of\\nthis subdivision.\\n (d) Any such penalty assessed by the department may be released or\\ncompromised by the department before the matter has been referred to the\\nattorney general, and where such matter has been referred to the\\nattorney general, any such penalty may be released or compromised and\\nany action commenced to recover the same may be settled and discontinued\\nby the attorney general with the consent of the department.\\n 8. Whenever the commissioner, after investigation, finds that any\\nperson, agency or facility subject to this article is causing, engaging\\nin or maintaining a condition or activity which constitutes a danger to\\nthe physical or mental health of the residents of a facility subject to\\nthe inspection and supervision of the department, and that it therefore\\nappears to be prejudicial to the interests of such residents to delay\\naction for thirty days until an opportunity for a hearing can be\\nprovided in accordance with the provisions of this section, the\\ncommissioner shall order the person, agency or facility by written\\nnotice, setting forth the basis for such finding, to discontinue such\\ndangerous condition or activity or take certain action immediately or\\nwithin a specified period of less than thirty days. The commissioner\\nshall within thirty days of issuance of the order provide the person,\\nagency or facility an opportunity to be heard and to present any proof\\nthat such condition or activity does not constitute a danger to the\\nhealth of such residents.\\n 9. (a) The department shall have authority to impose a civil penalty\\nnot exceeding one thousand dollars per day against, and to issue an\\norder requiring the closing of, after notice and opportunity to be\\nheard, any facility which does not possess a valid operating certificate\\nissued by the department and is an adult care facility subject to the\\nprovisions of this article and the regulations of the department. A\\nhearing shall be conducted in accordance with procedures established by\\ndepartment regulations which procedures shall require that notice of the\\ndetermination that the facility is an adult care facility and the\\nreasons for such determination and notice of the time and place of the\\nhearing be served in person on the operator, owner or prime lessor, if\\nany, or by certified mail, return receipt requested, addressed to such\\nperson and received at least twenty days prior to the date of the\\nhearing. If such operator, owner or prime lessor, if any, is not known\\nto the department, then service may be made by posting a copy thereof in\\na conspicuous place within the facility or by sending a copy thereof by\\ncertified mail, return receipt requested, addressed to the facility. A\\nwritten answer to the notice of violation may be filed with the\\ndepartment not less than five days prior to the date of the hearing.\\nDemonstration by the facility that it possessed an operating certificate\\nissued pursuant to this article, article twenty-eight of the public\\nhealth law or article sixteen, twenty-three, thirty-one or thirty-two of\\nthe mental hygiene law at the time the hearing was commenced shall\\nconstitute a complete defense to any charges made pursuant to this\\nsubdivision.\\n (b) The penalty authorized by this section shall begin to run thirty\\ndays after the department provides the operator, in writing, with a\\nsummary of the inspection of the facility by which the department\\ndetermined that he or she is operating an uncertified adult care\\nfacility. The submission of an application by the operator for an\\noperating certificate for the facility shall not act as a bar to the\\nimposition of a penalty against the operator.\\n (c) (i) For the purposes of assessing the applicability of this\\narticle and the regulations of the department, the department shall be\\nauthorized to inspect any facility which reasonably appears to the\\ndepartment to be subject to the provisions of this article and to assess\\nthe needs of the residents of such facility pursuant to the provisions\\nof section four hundred sixty-c of this title.\\n (ii) At the time that a representative of the department appears at\\nthe facility for purposes of conducting such inspection, the\\nrepresentative shall inform the operator, administrator or other person\\nin charge that the inspection will be conducted unless such person\\nobjects to the inspection and that if such person does object the\\ndepartment, pursuant to the provisions of subparagraph (iii) of this\\nparagraph, shall be authorized to request the attorney general to apply\\nto the court for an order granting the department access to the\\nfacility.\\n (iii) If the department is not permitted access to such facility by\\nthe operator, administrator or other person in charge thereof, the\\nattorney general, upon the request of the department, shall be\\nauthorized to apply, without notice to the operator, administrator or\\nchairman of the board of directors of a not-for-profit facility, to the\\nsupreme court in the county in which the facility is located for an\\norder granting the department access to such facility. The court may\\ngrant such an order if it determines, based on evidence presented by the\\nattorney general, that there is reasonable cause to believe that such\\nfacility is an adult care facility which does not possess a valid\\noperating certificate issued by the department.\\n (d) Upon the request of the department, the attorney general may\\ncommence an action in any court of competent jurisdiction against any\\nfacility subject to the provisions of this subdivision, and against any\\nperson or corporation operating such facility, for the recovery of any\\npenalty assessed by the department in accordance with the provisions of\\nthis subdivision.\\n (e) Any penalty assessed by the department pursuant to this\\nsubdivision may be released or compromised by the department before the\\nmatter has been referred to the attorney general and where such matter\\nhas been referred to the attorney general, any such penalty may be\\nreleased or compromised and any action commenced to recover the same may\\nbe settled and discontinued by the attorney general with the consent of\\nthe department.\\n 10. By March first, nineteen hundred ninety-five and annually\\nthereafter, the department shall submit a report to the governor and the\\nlegislature on the regulation of adult homes and residences for adults.\\nSuch report shall include both a narrative and statistical summary\\ndetailing the results of inspections and enforcement actions of adult\\nhomes and residences for adults. The report shall also include results\\nof audits of financial conditions and practices of a selected sample of\\nadult homes and residences of adults and recommendations for legislative\\naction relating to the need for changes in statute.\\n 11. On or before issuance by the department to an adult care facility\\noperator of official written notice of: the proposed revocation,\\nsuspension or denial of the operator's operating certificate; the\\nlimitation of the operating certificate with respect to new admissions;\\nthe issuance of a department order or commissioner's order; the seeking\\nof equitable relief pursuant to this section; the proposed assessment of\\ncivil penalties for violations of the provisions of subparagraph two of\\nparagraph (b) of subdivision seven of this section or placement on the\\n\"do not refer list\" pursuant to subdivision fifteen of this section,\\nwritten notice also shall be given to the appropriate office of the\\ndepartment of mental hygiene, department of corrections and community\\nsupervision and local social services districts, and provided further\\nthat the department of health shall notify hospitals in the locality in\\nwhich such facility is located that such notice has been issued. Upon\\nresolution of such enforcement action the department shall notify the\\nappropriate office of the department of mental hygiene, department of\\ncorrections and community supervision, local social services districts\\nand hospitals.\\n 12. Social services districts and other local government entities\\nestablished pursuant to this chapter shall be prohibited from making\\nreferrals for admissions to adult care facilities that have received\\nofficial written notice regarding: the proposed revocation, suspension\\nor denial of the operator's operating certificate; the limitation of the\\noperating certificate with respect to new admissions; the issuance of\\ndepartment order or commissioner's orders; the seeking of equitable\\nrelief pursuant to this section; the proposed assessment of civil\\npenalties for violations of the provisions of subparagraph two of\\nparagraph (b) of subdivision seven of this section; or the facility's\\nplacement on the \"do not refer list\" pursuant to subdivision fifteen of\\nthis section.\\n * 13. The department shall notify the department of health of any\\nenforcement action pursuant to this section taken against an operator of\\nan adult home or enriched housing program which has been licensed by the\\ndepartment of health as a limited home care services agency pursuant to\\nsection thirty-six hundred five of the public health law.\\n * NB Expires June 30, 2023\\n * 14. If the department receives notice from the department of health\\nthat an action has been taken against an operator of a limited home care\\nservices agency, pursuant to section thirty-six hundred five-a of the\\npublic health law, the department shall review the delivery of services\\nprovided by the certified operator of an adult home or enriched housing\\nprogram to determine whether such operator is meeting all applicable\\nregulations and standards.\\n * NB Expires June 30, 2023\\n 15. The department of health shall maintain, on its website, a list of\\nall adult homes, enriched housing programs, residences for adults and\\nassisted living programs that have received written notice of:\\nenforcement action based on a violation of an applicable law or\\nregulation that creates an endangerment of resident health or safety\\npursuant to subparagraph two of paragraph (b) of subdivision seven of\\nthis section or a pending enforcement action against a facility's\\noperating certificate or a determination that the facility is required\\nto be certified as an adult home, enriched housing program or residence\\nfor adults. Provided however, if a facility contends, in writing, that\\nthe violation resulting in the facility being included on the \"do not\\nrefer list\" has been corrected, the department shall, within thirty\\ndays, reinspect the facility, and if the department determines that the\\nviolation has been corrected, the facility shall be immediately removed\\nfrom the list. This list shall be known as the \"do not refer\" list and\\nshall be promptly updated to reflect any of the above violations and the\\nreopening of admissions in any adult care facility in which the\\nenforcement action for which they were added to the list has been\\nresolved.\\n 16. Any operator or controlling person of an adult care facility, as\\ndefined in clause two of subparagraph (x) of paragraph (a) of\\nsubdivision four of section four hundred sixty-one-e of this article\\nshall be prohibited from applying to the department of health or to any\\nother agency of this state for an operating certificate or approval to\\noperate an alternate type of facility during the period in which such\\ncertificate has been revoked, suspended or limited.\\n 17. The department of health shall direct the temporary operator to,\\nand the temporary operator shall, provide written notification to\\nresidents of all adult homes, enriched housing programs, residences for\\nadults and assisted living programs where a temporary operator has been\\nappointed pursuant to subdivision four of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-E", "title" : "Records and reports; confidentiality; information", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-E", "activeDate" : "2014-09-22", "sequenceNo" : 680, "repealedDate" : null, "fromSection" : "460-E", "toSection" : "460-E", "text" : " § 460-e. Records and reports; confidentiality; information. 1. The\\ndepartment shall require, collect and maintain such information, records\\nor reports as it may determine to be necessary to further the purpose of\\nthis article. Organizations and institutions subject to the inspection\\nand supervision of the department shall provide such information and\\nrecords in such form and at such times as the department shall\\ndetermine.\\n 2. The department may request from any other state department or state\\nor local agency, including the department of mental hygiene, the\\ndivision for youth and the board of social welfare, and such other\\ndepartment or agency shall furnish, such information as the department\\nmay require for the proper performance of its duties under this article.\\nThe department shall safeguard the confidentiality of information\\nreceived from such departments and agencies. Such other state\\ndepartments or state agencies may request from the department, and the\\ndepartment shall furnish, such information as such other department or\\nagency may require for the proper discharge of its duties. Such\\ndepartments and agencies shall safeguard the confidentiality of such\\ninformation, records, and reports in the same manner as the department\\nin accordance with the provisions of sections one hundred thirty-six,\\nfour hundred forty-four and four hundred sixty-one-e of this chapter or\\nas otherwise authorized by law.\\n 3. Officers or employees of the department shall maintain the\\nconfidentiality of facts and information obtained as the result of any\\ninspection or investigation of a facility subject to inspection and\\nsupervision under this article, in the same manner as information\\nreceived under subdivision two of this section.\\n 4. All officers of facilities or agencies subject to the inspection of\\nthe department shall furnish to the department, on forms provided by the\\ndepartment, such information and statistics as it may require, within\\nsixty days from the expiration of the state fiscal year or such other\\nfiscal period as may be designated by the department.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-F", "title" : "Penalties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-F", "activeDate" : "2014-09-22", "sequenceNo" : 681, "repealedDate" : null, "fromSection" : "460-F", "toSection" : "460-F", "text" : " § 460-f. Penalties. Any person who intentionally violates any\\nprovision of this article or regulations of the department relating to\\ncertificates of incorporation, operating certificates or confidentiality\\nof information shall be guilty of a class A misdemeanor.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-G", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "460-G", "activeDate" : "2014-09-22", "sequenceNo" : 682, "repealedDate" : null, "fromSection" : "460-G", "toSection" : "460-G", "text" : " § 460-g. Construction. The provisions of this article shall not be\\ndeemed or construed to alter, amend, repeal or otherwise modify the\\nprovisions of article nineteen-G of the executive law, relating to\\nsecure and non-secure detention facilities, article nineteen-H of the\\nexecutive law relating to residential facilities operating as approved\\nrunaway programs and transitional independent living support programs,\\nor articles thirteen and eighty-one of the mental hygiene law, relating\\nto facilities for the mentally disabled or drug dependent persons.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "460-H", "title" : "Review of criminal history information concerning prospective employees, consultants, assistants and volunteers of publicly-funded emerge...", "docType" : "SECTION", "publishedDates" : [ "2017-04-28", "2017-07-21" ], "docLevelId" : "460-H", "activeDate" : "2017-07-21", "sequenceNo" : 683, "repealedDate" : null, "fromSection" : "460-H", "toSection" : "460-H", "text" : " § 460-h. Review of criminal history information concerning prospective\\nemployees, consultants, assistants and volunteers of publicly-funded\\nemergency shelters for families with children. 1. Every provider of\\nservices to publicly-funded emergency shelters for families with\\nchildren, as such phrase is defined in subdivision nine of section four\\nhundred twelve of this chapter, shall request from the division of\\ncriminal justice services criminal history information, as such phrase\\nis defined in paragraph (c) of subdivision one of section eight hundred\\nforty-five-b of the executive law, concerning each prospective employee,\\nconsultant, assistant or volunteer of such provider who will have the\\npotential for regular and substantial contact with children who are\\nserved by the publicly-funded emergency shelter for families with\\nchildren.\\n (a) Prior to requesting criminal history information concerning any\\nprospective employee, consultant, assistant or volunteer, a provider\\nshall:\\n (1) inform the prospective employee, consultant, assistant or\\nvolunteer in writing that the provider is required to request his or her\\ncriminal history information from the division of criminal justice\\nservices and review such information pursuant to this section; and\\n (2) obtain the signed informed consent of the prospective employee,\\nconsultant, assistant or volunteer on a form supplied by the division of\\ncriminal justice services which indicates that such person has:\\n (i) been informed of the right and procedures necessary to obtain,\\nreview and seek correction of his or her criminal history information;\\n (ii) been informed of the reason for the request for his or her\\ncriminal history information;\\n (iii) consented to such request; and\\n (iv) supplied on the form a current mailing or home address.\\n (b) Upon receiving such written consent, the provider shall obtain a\\nset of fingerprints of such prospective employee, consultant, assistant,\\nor volunteer and provide such fingerprints to the division of criminal\\njustice services pursuant to regulations established by the division of\\ncriminal justice services.\\n 2. A provider shall designate one or two persons in its employ who\\nshall be authorized to request, receive and review the criminal history\\ninformation, and only such persons and the prospective employee,\\nconsultant, assistant or volunteer to which the criminal history\\ninformation relates shall have access to such information; provided,\\nhowever, the criminal history information may be disclosed to other\\npersonnel authorized by the provider who are empowered to make decisions\\nconcerning prospective employees, consultants, assistants or volunteers\\nand provided further that such other personnel shall also be subject to\\nthe confidentiality requirements and all other provisions of this\\nsection. A provider shall notify each person authorized to have access\\nto criminal history information pursuant to this section.\\n 3. A provider requesting criminal history information pursuant to this\\nsection shall also complete a form developed for such purpose by the\\ndivision of criminal justice services. Such form shall include a sworn\\nstatement of the person designated by such provider to request, receive\\nand review criminal history information pursuant to subdivision two of\\nthis section certifying that:\\n (a) such criminal history information will be used by the provider\\nsolely for purposes authorized by this section;\\n (b) the provider and its staff are aware of and will abide by the\\nconfidentiality requirements and all other provisions of this section;\\nand\\n (c) the persons designated by the provider to receive criminal history\\ninformation pursuant to subdivision two of this section shall upon\\nreceipt immediately mark such criminal history information\\n\"confidential,\" and shall at all times maintain such criminal history\\ninformation in a secure place.\\n 4. Upon receipt of the fingerprints and sworn statement required by\\nthis section, the provider shall promptly submit the fingerprints to the\\ndivision of criminal justice services.\\n 5. The division of criminal justice services shall promptly provide\\nthe requested criminal history information, if any, to the provider that\\ntransmitted the fingerprints to it. Criminal history information\\nprovided by the division of criminal justice services pursuant to this\\nsection shall be furnished only by mail or other method of secure and\\nconfidential delivery, addressed to the requesting provider. Such\\ninformation and the envelope in which it is enclosed shall be\\nprominently marked \"confidential,\" and shall at all times be maintained\\nby the provider in a secure place.\\n 6. Upon receipt of criminal history information from the division of\\ncriminal justice services, the provider may request, and is entitled to\\nreceive, information pertaining to any crime identified on such criminal\\nhistory information from any state or local law enforcement agency,\\ndistrict attorney, parole officer, probation officer or court for the\\npurposes of determining whether any grounds relating to such crime exist\\nfor denying an application, renewal, or employment.\\n 7. After receiving criminal history information pursuant to\\nsubdivisions five and six of this section and before making a\\ndetermination, the provider shall provide the prospective employee,\\nconsultant, assistant or volunteer with a copy of such criminal history\\ninformation and a copy of article twenty-three-A of the correction law\\nand inform such prospective employee, consultant, assistant and\\nvolunteer of his or her right to seek correction of any incorrect\\ninformation contained in such criminal history information provided by\\nthe division of criminal justice services pursuant to the regulations\\nand procedures established by the division of criminal justice services\\nand the right of the prospective employee, consultant, assistant or\\nvolunteer to provide information relevant to such analysis.\\n 8. Criminal history information obtained pursuant to subdivisions five\\nand six of this section shall be considered by the provider in\\naccordance with the provisions of article twenty-three-A of the\\ncorrection law and subdivisions fifteen and sixteen of section two\\nhundred ninety-six of the executive law.\\n 9. A prospective employee, consultant, assistant or volunteer may\\nwithdraw from the application process, without prejudice, at any time\\nregardless of whether he or she, or the provider, has reviewed his or\\nher criminal history information. Where a prospective employee,\\nconsultant, assistant or volunteer withdraws from the application\\nprocess, any fingerprints and criminal history information concerning\\nsuch prospective employee, consultant, assistant or volunteer received\\nby the provider shall, within ninety days, be returned to such\\nprospective employee, consultant, assistant or volunteer by the person\\ndesignated for receipt of criminal history information pursuant to\\nsubdivision two of this section.\\n 10. Any person who willfully permits the release of any confidential\\ncriminal history information contained in the report to persons not\\npermitted by this section to receive such information shall be guilty of\\na misdemeanor.\\n 11. The commissioner of the division of criminal justice services, in\\nconsultation with the office of temporary and disability assistance,\\nshall promulgate all rules and regulations necessary to implement the\\nprovisions of this section, which shall include convenient procedures\\nfor the provider to promptly verify the accuracy of the reviewed\\ncriminal history information and, to the extent authorized by law, to\\nhave access to relevant documents related thereto.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A7T2", "title" : "Residential Programs For Adults", "docType" : "TITLE", "publishedDates" : [ "2014-09-22", "2021-04-02", "2021-05-14" ], "docLevelId" : "2", "activeDate" : "2021-04-02", "sequenceNo" : 684, "repealedDate" : null, "fromSection" : "461", "toSection" : "461-U", "text" : " TITLE 2\\n RESIDENTIAL PROGRAMS FOR ADULTS\\nSection 461. Responsibility for standards.\\n 461-a. Responsibility for inspection and supervision.\\n 461-b. Provisions related to establishment of adult care\\n facilities.\\n 461-c. Resident care, services and charges.\\n 461-d. Rights of residents in adult care facilities.\\n 461-e. Records and reports.\\n 461-f. Operation of facility in receivership.\\n 461-g. Termination of admission agreements.\\n 461-h. Special proceeding for termination of adult home,\\n residence for adults and enriched housing program\\n admission agreements.\\n 461-i. Planning and development grants for enriched housing\\n programs.\\n 461-j. Family type homes for adults; special needs funds.\\n 461-k. Services for non-residents in certain adult care\\n facilities.\\n 461-l. Assisted living program.\\n 461-m. Death and felony crime reporting.\\n 461-o. Complaint investigation procedures.\\n 461-p. Adult care facilities training program.\\n 461-q. Temperature standards in adult homes, enriched housing\\n programs and residences for adults.\\n 461-r. Food services.\\n 461-s. Enhancing the quality of adult living program for adult\\n care facilities.\\n 461-t. Review of criminal history information concerning\\n prospective direct care employees.\\n 461-u. Personal caregiving visitors for residents of adult care\\n facilities during public health emergencies.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461", "title" : "Responsibility for standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461", "activeDate" : "2014-09-22", "sequenceNo" : 685, "repealedDate" : null, "fromSection" : "461", "toSection" : "461", "text" : " § 461. Responsibility for standards. 1. The department shall\\npromulgate and may alter or amend regulations effectuating the\\nprovisions of this title, including but not limited to establishing\\nfiscal, administrative, architectural, safety, nutritional and program\\nstandards which apply to all adult care facilities subject to its\\ninspection and supervision. Such regulations may be promulgated,\\naltered or amended only after consultation with the board of social\\nwelfare, department of mental hygiene, health department and office for\\nthe aging.\\n 2. In addition to those standards established pursuant to regulations\\nunder subdivision one hereof, the department of mental hygiene may\\npropose any supplementary standards relating to the necessity for and\\ncontent of programs designed to protect the health and well-being of\\nmentally disabled persons, as defined in the mental hygiene law, which\\nshall apply to any facility which cares for a significant number of such\\npersons. The promulgation by the department of any regulations adopting\\nsuch supplementary standards shall be subject to the approval of the\\ndepartment of mental hygiene.\\n 3. Nothing contained within this title shall prohibit an operator of\\nany adult care facility from exceeding the requirements of this title or\\nthe regulations of the department which effectuate the provisions of\\nthis title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-A", "title" : "Responsibility for inspection and supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-12-31", "2022-04-01" ], "docLevelId" : "461-A", "activeDate" : "2022-04-01", "sequenceNo" : 686, "repealedDate" : null, "fromSection" : "461-A", "toSection" : "461-A", "text" : " § 461-a. Responsibility for inspection and supervision. 1. The\\ndepartment shall be responsible for the inspection and supervision of\\nall adult care facilities subject to the provisions of section four\\nhundred sixty-c of this chapter; provided, however, that the department\\nshall by a written cooperative agreement entered into by October first,\\nnineteen hundred seventy-seven, develop a system of joint inspection\\nwith the department of mental hygiene, with respect to any such facility\\nproviding residential care to a significant number of mentally disabled\\npersons.\\n 2. (a) With respect to adult care facilities the department shall\\nconduct a minimum of one unannounced inspection of each such facility to\\ndetermine the adequacy of care being rendered, pursuant to the\\nfollowing:\\n (1) Such facilities receiving the department's highest rating shall be\\ninspected at least once every eighteen months on an unannounced basis.\\n (2) All other such facilities shall be inspected on an unannounced\\nbasis no less than annually. The commissioner may provide for more\\nfrequent inspections of any such facilities. Such inspection shall not\\nbe required with respect to any facility for which the commissioner has\\ndelegated responsibility for inspection and supervision to a social\\nservices official pursuant to section four hundred sixty-c of this\\nchapter. Any employee of the department or a social services district\\nwho gives or causes to be given advance notice of such unannounced\\ninspections to any unauthorized persons shall, in addition to any other\\npenalty provided by law, be suspended by the department or the social\\nservices district from all duties without pay for at least five days or\\nfor such greater period of time as the department or social services\\ndistrict shall determine. Any such suspension shall be made by the\\ndepartment or social services district in accordance with all other\\napplicable provisions of law.\\n (b) The department or a social services district, where appropriate,\\nshall each year conduct a minimum of one full inspection of each adult\\ncare facility. Such inspection shall include, but shall not be limited\\nto, examination of the medical, dietary and social services records of\\nthe facility as well as the minimum standards of construction, life\\nsafety standards, quality and adequacy of care, rights of residents,\\npayments and all other areas of operation. The purpose of any inspection\\nshall be to determine compliance with requirements of applicable\\nprovisions of law and regulations of the department.\\n (c) An inspection report shall be made of each inspection which shall\\nclearly identify and indicate in detail each area of operation,\\nincluding, but not limited to, the premises, equipment, personnel,\\nresident care and services, and whether each such area of operation or\\nany of its component parts is or is not in compliance with the\\nregulations of the department and all other applicable requirements. It\\nalso shall identify those areas of operation or any of its component\\nparts found not in compliance as a result of failure in systemic\\npractices and procedures. The operator shall be notified of the results\\nof the inspection in a manner to be determined by regulations of the\\ndepartment. Such notification shall contain directions as may be\\nappropriate as to the manner and time in which compliance with\\napplicable requirements of law or regulations of the department shall be\\neffected. The department shall also require the operator of an adult\\nhome or residence for adults to develop, biannually update and implement\\nplans for quality assurance activities for each area of operation.\\nQuality assurance activities include but are not limited to, development\\nand maintenance of performance standards including infection control,\\nmeasurement of adherence to such standards and to applicable state and\\nlocal laws and regulations, identification of performance failures,\\ndesign, and implementation of corrective action. Each plan must also\\ninclude the creation of a quality improvement committee that is charged\\nwith meeting periodically, at least once every six months, to review\\nsummary findings from monitoring implementation of the facility's plan,\\nevaluating the effectiveness of corrective action policies, and\\nidentifying trends and improvement activities. While reviewing facility\\nperformance, the committee shall not examine personally identifiable\\nresident incidents. Such committee shall include the administrator or\\noperator of the facility, the resident council president or other\\nresident representative, and representatives from frontline employees\\nfrom each area of operation.\\n (d) Systemic practices or procedures are those activities related to\\neach area of operation which indicate a pattern or an inability to bring\\nthe operation of the facility into compliance with applicable provisions\\nof laws and regulations.\\n (e) Nothing contained in this subdivision shall limit or restrict the\\nability of the department or social services district, where\\nappropriate, to conduct more than one inspection of an adult care\\nfacility, for whatever purpose, as is deemed necessary for ensuring\\ncompliance with applicable provisions of law and regulations of the\\ndepartment.\\n 3. (a) Pursuant to regulations promulgated by the commissioner, in\\nconsultation with the director of the state office for the aging, no\\nfacility or individual shall restrict or prohibit the access to the\\nfacility nor interfere with the performance of the official duties,\\nincluding confidential visits with residents, of duly designated persons\\nparticipating in the long term care ombudsman program as provided for in\\nsection five hundred forty-five of the executive law. No facility or\\nindividual shall retaliate or take reprisals against any resident,\\nemployee, or other person for having filed a complaint with, or having\\nprovided information to, any long term care patient ombudsman\\nfunctioning in accordance with section five hundred forty-four or\\nsection five hundred forty-five of the executive law.\\n (b) In addition, no facility which provides residential care and\\nservices for adults shall restrict or prohibit the access to the\\nfacility nor interfere with confidential visits with residents by:\\n (i) Family members, guardians, friends of an individual resident and\\nlegal representatives, legal counsels and case managers;\\n (ii) Individuals representing community organizations or service\\nagencies who will provide, free of charge, a service or educational\\nprogram to residents;\\n (iii) An employee or representative of any public or private\\nnot-for-profit corporation, community organization or association whose\\nprimary purposes for visiting include assisting residents in resolving\\nproblems and complaints concerning their care and treatment, and in\\nsecuring adequate services to meet their needs. The operator shall make\\navailable a common area of the facility for such visits.\\n (c) The department shall establish and maintain a registry of public\\nor private not-for-profit corporations, community organizations or\\nassociations assured access to facilities which provide residential care\\nand services for adults pursuant to subparagraph (iii) of paragraph (b)\\nof this subdivision. Any such corporation, community organization or\\nassociation shall file a copy of its certificate of incorporation with\\nthe registry established and maintained by the department.\\n (d) Persons assured access to a residential care facility for adults\\npursuant to this subdivision shall not enter the living area of any\\nresident without identifying themselves to the resident, stating the\\npurpose of the visit, and receiving the permission of the resident and\\nthe resident's roommate to enter the living area.\\n (e) Individual residents shall have the right to terminate or deny any\\nvisit to them by persons assured access to the facility pursuant to this\\nsubdivision.\\n (f) Visits by individuals assured access to facilities which provide\\nresidential care and services for adults pursuant to subparagraphs (i),\\n(ii) and (iii) of paragraph (b) of this subdivision shall be permitted\\nduring a period of at least ten hours between 9:00 o'clock a.m. and 8:00\\no'clock p.m. unless extended by arrangement with the facility.\\n (g) Notwithstanding any provision of paragraph (b) of this\\nsubdivision, the operator of a facility which provides residential care\\nand services for adults may restrict or prohibit access to the facility\\nor interfere with confidential visits with residents by individuals who\\nthe operator has reasonable cause to believe would directly endanger the\\nsafety of such residents.\\n (h) Whenever an individual is denied access pursuant to paragraph (g)\\nof this subdivision the operator must record a detailed written\\nstatement describing the reasons for denial of access to any such\\nindividual. This statement shall be maintained by the facility and be\\naccessible to residents, persons denied access, and the department.\\n (i) If the operator of a facility denies access pursuant to paragraph\\n(g) of this subdivision, the person denied access may bring an action in\\nsupreme court in the county in which the facility is located for an\\norder granting such person access to such facility. If the court finds\\nthat such denial was made in bad faith, the operator of the facility\\nshall be liable for all costs, including reasonable attorney's fees, and\\nthe court may, in its discretion, assess a civil penalty not to exceed\\nfifty dollars per day for each day such access was denied.\\n 4. Pursuant to regulations promulgated by the commissioner in\\nconsultation with the director of the office for the aging, no facility\\nshall restrict or prohibit access by records access ombudsmen specially\\ndesignated under section five hundred forty-four of the executive law to\\nthe medical or personal records of any patient or resident if such\\npatient or resident, or, where appropriate, committee for an\\nincompetent, has given express written consent to such disclosure;\\nprovided, however, that (i) in the case of medical records, disclosure\\nmay be exclusive of the personal notes of the physician as defined in\\nsuch regulations and (ii) access may be limited to such times as may be\\nspecified in such regulations. Such records shall be made available by a\\nmember or members of the facility's staff who shall be designated by the\\nfacility to provide access to and, where necessary, interpretation of\\nsuch records to such access ombudsman, who shall have the right to\\nphotocopy such records. The facility may charge a reasonable fee for\\nphotocopying pursuant to such regulations. Disclosure to a records\\naccess ombudsman of records of any patient or resident pursuant to the\\nwritten consent of such patient or resident shall not give rise to any\\nclaim against the facility, its staff, or the patient's or resident's\\nphysician based solely on the fact of such disclosure pursuant to such\\nwritten consent. Nothing in this subdivision shall be construed to limit\\nor abridge any right of access to records, including financial records,\\notherwise available to ombudsmen, patients or residents, or any other\\nperson.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-B", "title" : "Provisions related to establishment of adult care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-12-25", "2016-01-01", "2016-03-25" ], "docLevelId" : "461-B", "activeDate" : "2016-03-25", "sequenceNo" : 687, "repealedDate" : null, "fromSection" : "461-B", "toSection" : "461-B", "text" : " § 461-b. Provisions related to establishment of adult care facilities.\\n1. (a) Only a natural person or partnership composed only of natural\\npersons, a not-for-profit corporation, a public corporation, a business\\ncorporation other than a corporation whose shares are traded on a\\nnational securities exchange or are regularly quoted on a national\\nover-the-counter market or a subsidiary of such corporation or a\\ncorporation any of the stock of which is owned by another corporation, a\\nlimited liability company provided that if a limited liability company\\nhas a member that is a corporation, a limited liability company or a\\npartnership, the shareholders of the member corporation, the members of\\nthe member limited liability company, or the partners of the member\\npartnership must be natural persons, a social services district or other\\ngovernmental agency may be issued an operating certificate by the\\ndepartment for the purpose of operating an adult care facility, except\\nfamily type homes for adults, which may be issued operating certificates\\nby the department or social services district only if such facilities\\nare operated by a natural person or persons. The holder of an operating\\ncertificate for the purposes of operating an adult home shall not be\\nissued an operating certificate for the purposes of operating an\\nenriched housing program if such adult home operator has not met\\ncompliance standards during the most recent inspection cycle. Provided\\nhowever, the department may deem an operator eligible to receive an\\noperating certificate for the purposes of operating an enriched housing\\nprogram upon the consideration of the results of previous inspections\\nand whether the operator is meeting the needs of the residents and is\\nproviding quality care.\\n (b) A natural person may seek certification as an operator of a\\nfamily-type home for adults to provide long-term residential care and\\npersonal care and/or supervision to persons related to the operator,\\nprovided that the relationship between the operator and resident is not\\nthat of spouse, in-law, child or step-child.\\n (c) An appropriation made available for the purposes of funding the\\noperating assistance sub-program for enriched housing up to the amount\\nappropriated for such purpose in the nineteen hundred\\nninety-six--ninety-seven state fiscal year shall be limited to any\\nenriched housing program operated by a public agency, public corporation\\nor a not-for-profit corporation, which may be issued an operating\\ncertificate by the department to operate an enriched housing program.\\n 2. (a) No adult care facility shall be operated unless and until the\\noperator obtains the written approval of the department. Such approval\\nmay be granted only to an operator who satisfactorily demonstrates: that\\nthe operator is of good moral character; that the operator is\\nfinancially responsible; that there is a public need for the facility;\\nthat the buildings, equipment, staff, standards of care and records to\\nbe employed in the operation comply with applicable law and regulations\\nof the department and that any license or permit required by law for the\\noperation of such facility has been issued to such operation. In\\ndetermining whether there is a public need for the facility, the\\ndepartment shall give consideration to the relative concentration of\\nsuch facilities in the area proposed to be serviced. Such approval for\\nfamily type home for adults shall not be granted unless the appropriate\\nsocial services official has made the required visitation and inspection\\nand has submitted a report thereof to the department in accordance with\\nthis article.\\n (b) For existing licensed operators in good standing and their\\naffiliates, the department shall develop a streamlined application\\nreview and approval process, in collaboration with representatives of\\nassociations of operators, to be available for use in relation to\\napproval of an additional facility of the same type. Notwithstanding any\\nprovision of law or regulation to the contrary, the streamlined\\napplication review and approval process shall include, but not be\\nlimited to, the following:\\n (i) a certification process and form for the operator or its affiliate\\nto attest that it will have sufficient financial resources, revenue and\\nfinancing to meet facility expenses and resident needs, which shall\\nsatisfy the statutory and regulatory financial component of the\\napplication review and approval process;\\n (ii) a certification process and form for the operator or its\\naffiliate to attest that its legal, corporate and organizational\\ndocuments comply in substance with department requirements, which shall\\nsatisfy the statutory and regulatory legal component of the application\\nreview and approval process;\\n (iii) a certification process and form for the operator or its\\naffiliate to attest that it is in substantial compliance with all\\napplicable codes, rules and regulations in any other state in which it\\noperates, and to disclose any enforcement or administrative action taken\\nagainst it in any other state;\\n (iv) issuance by the department of a conditional approval to operate\\nthe facility for a specified period of time upon substantial completion\\nof the character and competence, legal, financial and architectural\\ncomponents of the application, so long as the operator or its affiliate\\nagrees in writing to satisfy all pending conditions prior to the\\nexpiration of the conditional approval period or a time frame\\nestablished by the department;\\n (v) issuance by the department of a conditional approval to construct\\na facility, at the operator's or its affiliate's own risk, upon\\nsubstantial completion of the architectural component of the\\napplication;\\n (vi) elimination of duplicative submission and review of any\\napplication information which has been previously reviewed and approved\\nby the department or any of its regional offices within the past two\\nyears through a certification process and form whereby the operator or\\nits affiliate will attest that such application information is\\nduplicative;\\n (vii) with respect to any programmatic application information to be\\nreviewed by the regional office, such review shall be conducted on-site\\nby the regional office during the pre-opening inspection or first full\\nannual inspection, if the department has previously approved the\\noperator or its affiliate to operate the same type of program at another\\nfacility within the past two years;\\n (viii) electronic submission of applications; and\\n (ix) a combined application for licensure as an adult care facility,\\nassisted living residence and/or assisted living program, to the extent\\nthe department determines such a combined application is feasible.\\n (b-1) For purposes of paragraph (b) of this subdivision, \"affiliate\"\\nshall mean an entity, for which a majority of the ownership or\\ncontrolling interest is the same as the ownership or controlling\\ninterest in an existing licensed operator under this section (provided\\nthat an affiliate may have different percentages of ownership or control\\nor fewer natural persons with ownership or control than an existing\\noperator) and, further:\\n (i) for any entity owned, directly or indirectly, by natural persons:\\n (A) at all times, more than half of the ownership interest of the\\nentity shall be owned, directly or indirectly, by natural persons who\\nhave previously been determined to have undergone a satisfactory\\ndetermination of character, competence and standing in the community;\\n (B) at all times, any owner with a direct or indirect ownership\\ninterest who has not undergone a satisfactory determination of\\ncharacter, competence and standing in the community review must possess\\na less than ten percent direct or indirect interest in the entity, until\\na satisfactory determination has been made; and\\n (C) for any natural person proposed to be an owner, directly or\\nindirectly, of the entity who is a controlling person, member, director,\\nor officer of an existing licensed operator under this section, such\\nexisting licensed operator must be in good standing with the department;\\nand\\n (ii) for any not-for-profit corporation or other entity not under\\nsubparagraph (i) of this paragraph:\\n (A) more than half of the entity's total board members, directors,\\nofficers and controlling persons shall have previously undergone a\\nsatisfactory determination of character, competence and standing in the\\ncommunity; and\\n (B) if any natural person proposed to be a board member, director, or\\nofficer of the entity has an ownership interest, directly or indirectly,\\nor is a board member, director, officer, or controlling person, in an\\nexisting licensed operator under this section, such existing licensed\\noperator must also be in good standing with the department.\\n (b-2) For purposes of paragraph (b) of this subdivision, \"good\\nstanding\" shall mean the operator and its affiliates have not (A)\\nreceived any official written notice from the department of a proposed\\nrevocation, suspension, denial or limitation on the operating\\ncertificate of the facility or residence; (B) within the previous three\\nyears, been assessed a civil penalty after a hearing conducted pursuant\\nto subparagraph one of paragraph (b) of subdivision seven of section\\nfour hundred sixty-d of this article for a violation that has not been\\nrectified; (C) within the previous year, received any official written\\nnotice from the department of a proposed assessment of a civil penalty\\nfor a violation described in subparagraph two of paragraph (b) of\\nsubdivision seven of section four hundred sixty-d of this article; (D)\\nwithin the previous three years, been issued an order pursuant to\\nsubdivision two, five, six or eight of section four hundred sixty-d of\\nthis article; (E) within the previous three years, been placed on, and\\nif placed on, removed from the department's \"do not refer list\" pursuant\\nto subdivision fifteen of section four hundred sixty-d of this article.\\nProvided, however, that in the case of an operator or affiliate that is\\nnot in good standing as provided in this paragraph, the department may\\npermit the operator or affiliate to use the streamlined application\\nprocess, in its discretion, if it determines that the disqualifying\\nviolation was an isolated occurrence that was promptly corrected by the\\noperator or affiliate.\\n (c) After an operator obtains approval of the department for the\\noperation of an adult care facility he may operate such facility only so\\nlong as he continues to do so in compliance with the requirements of\\nsuch approval, applicable law, and the regulations of the department.\\n (d) The knowing operation of an adult care facility without the prior\\nwritten approval of the department shall be a class A misdemeanor.\\n 3. (a) The department shall not approve an application for\\nestablishment of an adult care facility unless it is satisfied insofar\\nas applicable, as to (i) the character, competence and standing in the\\ncommunity, of the applicant; provided, however, with respect to any such\\napplicant who is already or within the past ten years has been an\\nincorporator, director, sponsor, stockholder, operator, administrator,\\nmember or owner of any adult care facility which has been issued an\\noperating certificate by the board or the department, or of a halfway\\nhouse, hostel or other residential facility or of a program or facility\\nlicensed or operated by a health, mental hygiene, social services or\\neducation agency or department of this or any state, or a program\\nserving persons with mental disabilities, or other persons with\\ndisabilities as defined in subdivision twenty-one of section two hundred\\nninety-two of the executive law, the aged, children or other persons\\nreceiving health, mental hygiene, residential, social or educational\\nservices, no approval of such application shall be granted unless the\\ndepartment shall affirmatively find by substantial evidence as to each\\nsuch applicant that a substantially consistent high level of care is\\nbeing or was being rendered in each such facility or institution with\\nwhich such person is or was affiliated; for the purposes of this\\nparagraph, there may be a finding that a substantially consistent high\\nlevel of care has been rendered where there have been violations of\\napplicable rules and regulations, that (1) did not threaten to directly\\naffect the health, safety or welfare of any patient or resident, and (2)\\nwere promptly corrected and not recurrent; (ii) the financial resources\\nof the proposed facility and its sources of future revenue; and (iii)\\nsuch other matters as it shall deem pertinent.\\n (b) Any natural person or partnership composed only of natural\\npersons, not-for-profit corporation, public corporation, business\\ncorporation other than a corporation whose shares are traded on a\\nnational securities exchange or are regularly quoted on a national\\nover-the-counter market or a subsidiary of such corporation or a\\ncorporation any of the stock of which is owned by another corporation, a\\nlimited liability company provided that if a limited liability company\\nhas a member that is a corporation, a limited liability company or a\\npartnership, the shareholders of the member corporation, the members of\\nthe member limited liability company, or the partners of the member\\npartnership must be natural persons, social services district or other\\ngovernmental agency filing an application for approval to operate a\\nresidence for adults, adult home or enriched housing program, shall file\\nwith the department such information on the ownership of the property\\ninterest in such facility as shall be prescribed by regulation,\\nincluding the following:\\n (i) The name and address and a description of the interest held by\\neach of the following persons:\\n (1) any person, who directly or indirectly, beneficially owns any\\ninterest in the land on which the facility is located;\\n (2) any person who, directly or indirectly, beneficially owns any\\ninterest in the building in which the facility is located;\\n (3) any person who, directly or indirectly, beneficially owns any\\ninterest in any mortgage, note, deed of trust or other obligation\\nsecured in whole or in part by the land on which or building in which\\nthe facility is located; and\\n (4) any person who, directly or indirectly, has any interest as lessor\\nor lessee in any lease or sub-lease of the land on which or the building\\nin which the facility is located.\\n (ii) If any person named in response to subparagraph (i) of this\\nparagraph is a partnership or limited liability company, then the name\\nand address of each partner or member.\\n (iii) If any person named in response to subparagraph (i) of this\\nsubdivision is a corporation, other than a corporation whose shares are\\ntraded on a national securities exchange or are regularly quoted in an\\nover-the-counter market or which is a commercial bank, savings bank or\\nsavings and loan association, then the name and address of each officer,\\ndirector, stockholder and, if known, each principal stockholder and\\ncontrolling person of such corporation.\\n (iv) If any corporation named in response to subparagraph (i) of this\\nsubdivision is a corporation whose shares are traded on a national\\nsecurities exchange or are regularly quoted in an over-the-counter\\nmarket or which is a commercial bank, savings bank or savings and loan\\nassociation, then the name and address of the principal executive\\nofficers and each director and, if known, each principal stockholder of\\nsuch corporation.\\n (v) For the purpose of this section the term \"controlling person\"\\nshall mean any person who by reason of a direct or indirect ownership\\ninterest (whether of record or beneficial) has the ability, acting\\neither alone or in concert with others with ownership interests, to\\ndirect or cause the direction of the management or policies of said\\ncorporation, partnership or other entity. Neither the department nor any\\nemployee of the department shall, by reason of his or her official\\nposition, be deemed a controlling person of any corporation, partnership\\nor other entity, nor shall any person who serves as an officer,\\nadministrator or other employee of any corporation, partnership or other\\nentity or as a member of a board of directors or trustees of any\\ncorporation be deemed to be a controlling person of such corporation,\\npartnership or other entity as a result of such position or his or her\\nofficial actions in such position. The term \"principal stockholder\"\\nshall mean any person who beneficially owns, holds or has the power to\\nvote, ten percent or more of any class of securities issued by said\\ncorporation.\\n (c) No articles of organization of a limited liability company\\nestablished pursuant to the New York limited liability law which\\nincludes among its powers or purposes the establishment or operation of\\nany adult home, residence for adults or enriched housing program as\\ndefined in section two of this chapter, shall be filed with the\\ndepartment of state unless the written approval of the department is\\nannexed to the articles of organization.\\n 3-a. (a) Every person who is a controlling person of any adult care\\nfacility liable under any provision of this article to any person or\\nclass of persons for damages or to the state for any civil fine,\\npenalty, assessment of damages, shall also be liable, jointly and\\nseverally, with and to the same extent as such adult care facility, to\\nsuch person or class of persons for damages or to the state for any such\\ncivil fine, penalty, assessment or damages.\\n (b) For the purposes of this section the term \"controlling person\"\\nshall mean any person who by reason of a direct or indirect ownership\\ninterest (whether of record or beneficial) has the ability, acting\\neither alone or in concert with others with ownership interests, to\\ndirect or cause the direction of the management or policies of said\\ncorporation, partnership or other entity. Neither the department nor any\\nemployee of the department shall, by reason of his or her official\\nposition, be deemed a controlling person of any corporation, partnership\\nor other entity, nor shall any person who serves as an officer,\\nadministrator or other employee of any corporation, partnership or other\\nentity or as a member of a board of directors or trustees of any\\ncorporation be deemed to be a controlling person of such corporation,\\npartnership or other entity as a result of such position or his or her\\nofficial actions in such position. The term \"principal stockholder\"\\nshall mean any person who beneficially owns, holds or has the power to\\nvote, ten percent or more of any class of securities issued by said\\ncorporation.\\n 4. No person, corporation, home, institution, hotel or other\\nresidential facility or accommodation other than a facility or agency\\nwhich possesses a valid operating certificate, as required under the\\nprovisions of this chapter, the mental hygiene law or public health law\\nshall hold itself out, advertise or otherwise in any form or manner\\nrepresent that it is a facility offering accommodations and services for\\ndependent, aged or disabled adults.\\n 5. Any adult care facility subject to the provisions of this section\\nthat possesses a valid operating certificate as of October first,\\nnineteen hundred seventy-seven shall be deemed to have department\\napproval to continue operation of such facility for the duration or the\\nperiod for which such certificate was issued, provided such facility\\ncontinues to be operated in accordance with applicable provisions of law\\nand department regulations.\\n 6. (a) The department, prior to making a final determination with\\nrespect to approving the establishment of, or the certificate of\\nincorporation of, or the articles of organization of, or an operating\\ncertificate for a residence for adults, adult home, or enriched housing\\nprogram, shall in addition to any other requirements of law take into\\nconsideration and be empowered to request information and advice as to\\nthe availability of facilities or services such as ambulatory, home care\\nor other services which may serve as alternatives or substitutes for the\\nwhole or any part of a proposed facility and the possible economies and\\nimprovements in services to be anticipated from the operation of\\ncentralized facilities and services reasonably available in the regional\\nservices area.\\n (b) In determining whether there is a public need for a residence for\\nadults or an adult home, the department shall consider the advice of the\\nstate health planning and development agency designated pursuant to the\\nprovisions of the national health planning and resources development act\\nof nineteen hundred seventy-four and any amendments thereto.\\n (c) Notwithstanding any other provision of this article, the\\ndepartment shall not consider public need in determining whether to\\napprove any proprietary adult home that was in existence and operating\\non September first, nineteen hundred seventy-five as a family care home\\nunder the mental hygiene law or an adult care facility operated by a\\nsocial services district.\\n 7. (a) The department shall suspend, limit, modify or revoke an\\noperating certificate of a shelter for adults, residence for adults or\\nadult home upon determining that such action would be in the public\\ninterest in order to conserve resources by restricting the number of\\nbeds, or the level of services, or both, to those which are actually\\nneeded, after taking into consideration the total number of beds\\nnecessary to meet the public need, and the availability of facilities or\\nservices such as ambulatory, home care or other services which may serve\\nas alternatives or substitutes for the whole or any part of a facility,\\nand in the case of modification, the level of care and the nature and\\ntype of services provided by a facility or required by all or some of\\nthe residents in or seeking admission to such facility, and whether such\\nlevel of care is consistent with the operating certificate of the\\nfacility.\\n (b) Wherever any finding as described in this subdivision is under\\nconsideration with respect to any particular facility, the department\\nshall cause to be published in a newspaper of general circulation in the\\ngeographic area of the facility at least thirty days prior to making\\nsuch a finding an announcement that such a finding is under\\nconsideration and an address to which interested persons can write to\\nmake their views known. The department shall take all public comments\\ninto consideration in making such a finding.\\n (c) The department shall, upon such finding described in this\\nsubdivision with respect to any facility or project, cause such facility\\nto be notified of the finding at least thirty days in advance of taking\\nthe proposed action to revoke, suspend, limit, or modify the facility's\\noperating certificate. Upon receipt of any such notification and before\\nthe expiration of the thirty days or such longer period as may be\\nspecified in the notice, the facility may request a public hearing to be\\nheld in the county in which the facility is located. In no event shall\\nthe revocation, suspension, limitation, or modification take effect\\nprior to the thirtieth day after the date of the notice or prior to the\\neffective date specified in the notice or prior to the date of the\\nhearing decision, whichever is later.\\n (d) Except as otherwise provided by law, all appeals from a finding of\\nthe department made pursuant to this subdivision shall be directly to\\nthe appellate division of the supreme court in the third department.\\nExcept as otherwise expressly provided by law, such appeals shall have\\npreference over all issues in all courts.\\n 8. No adult care facility certified by the department which is\\noperating in compliance with this chapter and regulations shall be\\nrequired to be certified by the office of mental health as a residential\\ncare center for adults.\\n 9. (a) The prior written approval of the department is required for:\\n(i) any transfer, assignment or other disposition of ten percent or more\\nof an interest or voting rights in a partnership, business corporation\\nor limited liability company which is the operator of an adult care\\nfacility to a new partner, shareholder or member; or (ii) any transfer,\\nassignment or other disposition of interest or voting rights in a\\npartnership, business corporation or limited liability company which is\\nthe operator of an adult care facility which results in the ownership or\\ncontrol of more than ten percent of the interest or voting rights\\nthereunder by any person who has not been previously approved by the\\ndepartment for that operator.\\n (b) With respect to a transfer, assignment or disposition involving\\nless than ten percent of an interest or voting rights in such\\npartnership, business corporation or limited liability company to a new\\npartner, shareholder or member, no prior approval of the department\\nshall be required except where required by paragraph (a) of this\\nsubdivision. However, no such transaction shall be effective unless at\\nleast ninety days prior to the intended effective date thereof, the\\npartnership, business corporation or limited liability company fully\\ncompletes and files with the department notice on a form, to be\\ndeveloped by the department, which shall disclose such information as\\nmay reasonably be necessary for the department to determine whether it\\nshould prohibit the transaction. Within ninety days from the date of\\nreceipt of such notice, the department may prohibit any such transaction\\nunder this subparagraph if it finds: (i) there are reasonable grounds to\\nbelieve the proposed transaction does not satisfy the character and\\ncompetence review, as may be appropriate; or (ii) if the transaction,\\ntogether with all other such transactions during any five year period,\\nwould in the aggregate, involve twenty-five percent or more of the\\ninterest in the entity that constitutes the operator. The department\\nshall state the specific reasons for prohibiting any transaction under\\nthis subparagraph and shall so notify each party to the proposed\\ntransaction.\\n (c) With respect to a transfer, assignment or disposition of an\\ninterest or voting rights in a partnership, business corporation or\\nlimited liability company to any existing partner, shareholder or\\nmember, no prior approval of the department shall be required. However,\\nif the transaction involves the withdrawal of the transferor from the\\npartnership, business corporation or limited liability company, no such\\ntransaction shall be effective unless at least ninety days prior to the\\nintended effective date thereof, the partnership, business corporation\\nor limited liability company fully completes and files with the\\ndepartment notice of such transaction. Within ninety days from the date\\nof receipt of such notice, the department may prohibit any such\\ntransaction under this paragraph if the equity position of the\\npartnership, business corporation or limited liability company,\\ndetermined in accordance with generally accepted accounting principles,\\nwould be reduced as a result of the transfer, assignment or disposition.\\nThe department shall state the specific reason for prohibiting any\\ntransaction under this paragraph and shall so notify each party to the\\nproposed transaction.\\n 10. Notwithstanding any provision of law to the contrary, the\\ndepartment is authorized to approve a certificate of incorporation or\\narticles of organization for establishment of an adult care facility on\\nan expedited basis where: (a) the certificate of incorporation or\\narticles of organization reflects solely a change in the form of the\\nbusiness organization of an existing entity which had been approved by\\nthe department to operate an adult care facility; (b) every\\nincorporator, stockholder, member and director of the new entity shall\\nhave been an owner, partner, incorporator, stockholder, member or\\ndirector of the existing entity; (c) the distribution of ownership\\ninterests and voting rights in the new entity shall be the same as in\\nthe existing entity; and (d) there shall be no change in the operator of\\nthe adult care facility other than the form of its business\\norganization, as a result of the approval of such certificate of\\nincorporation or articles of organization. Upon submission, if the\\ndepartment does not object to the proposal within ninety days of the\\nreceipt of a complete application, the proposal will be deemed\\nacceptable to the department and an amended operating certificate shall\\nbe issued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-C", "title" : "Resident care, services and charges", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-C", "activeDate" : "2014-09-22", "sequenceNo" : 688, "repealedDate" : null, "fromSection" : "461-C", "toSection" : "461-C", "text" : " § 461-c. Resident care, services and charges. 1. Every operator of an\\nadult care facility, except a shelter for adults, shall execute with\\neach applicant for admission a written admission agreement, dated and\\nsigned by the operator and the parties to be charged, which shall\\ncontain the entire agreement of the parties and such other information\\nas department regulations shall require.\\n 2. Such agreement executed pursuant to subdivision one of this section\\nshall enumerate in such detail as may be required by department\\nregulation all charges, expenses and other assessments, if any, for\\nservices, materials, equipment and food, required by law or regulations\\nand other services, materials, equipment and food which such operator\\nagrees to furnish and supply to such resident during the period of\\nresidency. No additional charges or expenses may be assessed against any\\nresident of a residence for adults, adult home or enriched housing\\nprogram, in excess of that contained in such agreement, except (a) upon\\nexpress written approval and authority of the resident, or his or her\\nsponsor, if any, or (b) in order to provide additional care, services or\\nsupplies, upon the express order of the attending physician of the\\nresident, or (c) upon thirty days notice to the resident and to his or\\nher sponsor, if any, of additional charges and expenses due to increased\\ncost of maintenance and operation. However, in the event of any\\nemergency arising which affects such resident, additional charges may be\\nassessed for the benefit of such resident as are reasonable and\\nnecessary for services, materials, equipment and food furnished and\\nsupplied during such emergency.\\n 2-a. (a) There shall be an implied warranty of habitability in each\\nwritten admission agreement executed pursuant to this section that shall\\nensure the premises be fit for human habitation and for the uses\\nreasonably intended by the operator and the resident and that the\\noccupants of the facility shall not be subjected to any conditions which\\nwould be dangerous, hazardous or detrimental to their life, health,\\nsafety or welfare. Such statement shall not be read to be in any way\\nlimiting a resident's rights to relief in an administrative or judicial\\nproceeding.\\n (b) An action for breach of the warranty of habitability and any\\nviolation of a written admission agreement may be maintained in a court\\nof competent jurisdiction by the resident or representative of the\\nresident. The court shall apply New York Rules of Court Part 130 to any\\naction brought pursuant to this section.\\n 3. The written agreement executed pursuant to subdivision one of this\\nsection shall include a statement indicating that the resident and any\\nperson designated by the resident shall be notified by the operator at\\nthe request of the resident pursuant to regulations promulgated by the\\ndepartment and, shall be provided written notification by the facility\\nnot less than thirty days prior to a termination of the resident's\\nadmission and services agreement; a statement that upon discharge or\\ntransfer, the resident and any person designated by the resident shall\\nbe notified by the operator at the request of the resident pursuant to\\nregulations promulgated by the department and, is entitled to a final\\nwritten statement of his or her account and that the resident is\\nentitled to the prompt return, within three business days, of any of his\\nor her money, property or thing of value held in trust or in custody by\\nthe facility; a statement which details any and all money, property or\\nthing of value which is given, or promised to be given to the facility\\non admission or at any other time, including any agreements made by\\nthird parties for the benefit of a resident; and such other provisions\\nas the department determines necessary to fully inform the resident of\\nthose items of care, services, materials, equipment and food that must\\nbe provided by the facility pursuant to other applicable laws and\\nregulations, and the frequency thereof, and any additional items of\\ncare, services, materials, equipment and food that the facility may in\\nits discretion agree to provide, and the frequency thereof. Waiver of\\nany provision contained herein by a resident shall be void. Such\\nstatement as herein provided shall be annexed to the admission\\nagreement.\\n 4. No resident of an adult care facility who is entitled to receive a\\npersonal allowance pursuant to the provisions of section one hundred\\nthirty-one-o of this chapter shall be required to use any of the\\nproceeds from such allowance to pay the operator of an adult care\\nfacility for any services or supplies, unless the resident elects to\\npurchase such services or supplies and the department has determined\\nthat such services or supplies are not otherwise required to be provided\\nby the operator pursuant to law, regulation or agreement and the charges\\nfor such services or supplies are reasonable.\\n 5. Whenever a resident authorizes an operator of an adult care\\nfacility or any person affiliated therewith, to exercise control over\\nhis or her money, property or thing of value, such authorization shall\\nbe in writing and subscribed by the parties to be charged. Any such\\nmoney, property or thing of value belonging to the resident shall not be\\nmingled with the funds or become an asset of the person receiving the\\nsame, but shall be segregated and recorded on the facility's financial\\nrecords as independent accounts.\\n 6. No adult care facility shall receive or retain any person who is in\\nneed of continual medical or nursing care as provided by facilities\\nlicensed pursuant to article twenty-eight of the public health law or\\narticles nineteen, twenty-three, thirty-one and thirty-two of the mental\\nhygiene law.\\n 7. (a) At the time of the admission to an adult care facility, other\\nthan a shelter for adults, a resident shall submit to the facility a\\nwritten report from a physician, a physician assistant or a nurse\\npractitioner, which report shall state:\\n (i) that the physician, physician assistant or nurse practitioner has\\nphysically examined the resident within one month and the date of such\\nexamination;\\n (ii) that the resident is not in need of acute or long term medical or\\nnursing care which would require placement in a hospital or residential\\nhealth care facility; and\\n (iii) that the resident is not otherwise medically or mentally\\nunsuited for care in the facility.\\n (b) For the purpose of creating an accessible and available record and\\nassuring that a resident is properly placed in such a facility, the\\nreport shall also contain the resident's significant medical history and\\ncurrent conditions, the prescribed medication regimen, and\\nrecommendations for diet, the assistance needed in the activities of\\ndaily living and where appropriate, recommendations for exercise,\\nrecreation and frequency of medical examinations.\\n (c) Such resident shall thereafter be examined by a physician, a\\nphysician assistant or a nurse practitioner, at least annually and shall\\nsubmit an annual written report in conformity with the provisions of\\nthis subdivision.\\n (d) Following a resident's stay in a hospital or residential health\\ncare facility, upon return to the adult care facility, the adult care\\nfacility shall not be required to obtain the report in paragraph (a) of\\nthis subdivision, and instead shall obtain a statement from the\\ndischarging facility which shall:\\n (i) state that the resident is appropriate to return to the facility;\\nand\\n (ii) include the reason for the resident's stay, the treatment plan to\\nbe followed, and any new or changed orders, including medications.\\n The statement shall be completed by a physician, a physician assistant\\nor a nurse practitioner.\\n (e) Nothing required in this section shall require the use of an\\nidentical form in adult care facilities and assisted living residences,\\neither upon admission or return.\\n 8. The department shall promulgate regulations with respect to the\\nsafekeeping and administration of medications in any adult care facility\\nsubject to the provisions of section four hundred sixty-c of this\\narticle, in accordance with applicable provisions of law, and after\\nconsultation with the state department of health and appropriate offices\\nof the state department of mental hygiene.\\n 9. The department shall, with the consent of a resident living in a\\nfacility which has received the lowest rating for eighteen months from\\nthe effective date of this subdivision, pursuant to section four hundred\\nsixty-one-n of this title, present the resident and any person\\ndesignated by the resident with options on relocating such resident to a\\nfacility which has obtained a higher rating, or other housing\\nalternatives.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-D", "title" : "Rights of residents in adult care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2020-01-17", "2020-04-24" ], "docLevelId" : "461-D", "activeDate" : "2020-04-24", "sequenceNo" : 689, "repealedDate" : null, "fromSection" : "461-D", "toSection" : "461-D", "text" : " § 461-d. Rights of residents in adult care facilities. 1. The\\nprinciples enunciated in subdivision three hereof are declared to be the\\npublic policy of the state and a copy of such statement of rights and\\nresponsibilities shall be posted conspicuously in a public place in each\\nfacility covered hereunder.\\n 2. The department shall require that every adult care facility shall\\nadopt and make public a statement of the rights and responsibilities of\\nthe residents who are receiving care in such facilities, and shall treat\\nsuch residents in accordance with the provisions of such statement.\\n 3. Resident rights and responsibilities shall include, but not be\\nlimited to the following:\\n (a) Every resident's civil and religious liberties, including the\\nright to independent personal decisions and knowledge or available\\nchoices, shall not be infringed and the facility shall encourage and\\nassist in the fullest possible exercise of these rights.\\n (b) Every resident shall have the right to have private communications\\nand consultations with his or her physician, attorney, and any other\\nperson.\\n (c) Every resident shall have the right to present grievances on\\nbehalf of himself or herself or others, to the facility's staff or\\nadministrator, to governmental officials, or to any person without fear\\nof reprisal, and to join with other residents or individuals within or\\noutside of the facility to work for improvements in resident care.\\n (d) Every resident shall have the right to manage his or her own\\nfinancial affairs.\\n (e) Every resident shall have the right to have privacy in treatment\\nand in caring for personal needs.\\n (f) Every resident shall have the right to confidentiality in the\\ntreatment of personal, social, financial and medical records, and\\nsecurity in storing personal possessions.\\n (g) Every resident shall have the right to receive courteous, fair,\\nand respectful care and treatment and a written statement of the\\nservices provided by the facility, including those required to be\\noffered on an as-needed basis.\\n (h) Every resident shall have the right to receive or to send personal\\nmail or any other correspondence without interception or interference by\\nthe operator of an adult care facility or any person affiliated\\ntherewith.\\n (i) Every resident shall have the responsibility to obey all\\nreasonable regulations of the facility and to respect the personal\\nrights and private property of the other residents.\\n (j) The facility is required to include on its accident or incident\\nreport the resident's version of the events leading to an accident or\\nincident involving such resident, unless the resident objects.\\n (k) Every resident shall have the right to authorize those family\\nmembers and other adults who will be given priority to visit consistent\\nwith the resident's ability to receive visitors.\\n (l) Every resident or, in the case of a person who lacks capacity to\\nconsent to his or her health care, a person legally authorized to\\nconsent on behalf of the resident, shall have the right to be fully\\ninformed by his or her physician, or other health or mental health\\nprovider of his or her medical condition and proposed medication,\\ntreatment and services, unless medically contraindicated, and to refuse\\nmedication, treatment or services after being fully informed of the\\nconsequences of such actions; provided that an operator acting\\nreasonably and in good faith, shall not be held liable or penalized for\\ncomplying with the refusal of such medication, treatment or services by\\na resident or, in the case of a person who lacks capacity to consent to\\nhis or her health care, a person legally authorized to consent on behalf\\nof the resident, who has been fully informed of the consequences of such\\nrefusal.\\n (m) Every resident or, in the case of a person who lacks capacity to\\nconsent to his or her health care, a person legally authorized to\\nconsent on behalf of the resident, shall have the right to choose the\\nresident's own health care providers for services not covered by his or\\nher admission agreement.\\n Waiver of any provision contained within this subdivision by a\\nresident of an adult care facility shall be void.\\n 4. Every resident of a residence for adults, adult home or enriched\\nhousing program, shall be entitled to receive compensation for services\\nperformed on behalf of such facility or persons affiliated therewith,\\nand the operator of such facility shall maintain written records stating\\nthe duties to be performed, the rate and type of compensation, and the\\nhours and days during which these services will be performed.\\n 5. Each operator shall give a copy of the statement of rights and\\nresponsibilities to each resident at or prior to the time of admission\\nto the facility, or to the appointed personal representative and to each\\nmember of the facility's staff.\\n 6. An operator or employee of a residence for adults, adult home or\\nenriched housing program or any other entity which is a representative\\npayee of a resident of such facility pursuant to designation by the\\nsocial security administration or which otherwise assumes management\\nresponsibility over the funds of a resident shall maintain such funds in\\na fiduciary capacity to the resident. Any interest on money received and\\nheld for the resident shall be the property of the individual resident.\\n 7. Every operator of a residence for adults, adult home, enriched\\nhousing program or family type home for adults shall post a long term\\ncare ombudsman poster in such facility in the main entrance or public\\nposting area where notices to residents are commonly displayed, or, if\\nthere is no such main entrance or posting area, in the several public\\nareas within the facility where notices to residents are commonly\\ndisplayed, and shall make the long term care ombudsman brochure\\navailable to residents upon request.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-E", "title" : "Records and reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-08", "2022-10-07" ], "docLevelId" : "461-E", "activeDate" : "2022-10-07", "sequenceNo" : 690, "repealedDate" : null, "fromSection" : "461-E", "toSection" : "461-E", "text" : " § 461-e. Records and reports. 1. Every adult care facility shall\\nmaintain, as public information available for public inspection under\\nsuch conditions as the department shall prescribe, records containing\\ncopies of the most recent inspection report pertaining to the facility\\nthat has been issued by the department or social services district or to\\nthe facility.\\n 2. Pursuant to the provisions of article six of the public officers\\nlaw, the department shall make available for public inspection copies of\\nall inspection reports of adult care facilities issued by the\\ndepartment.\\n 3. Every adult care facility shall:\\n (a) Post in a prominent position in the facility so as to be\\naccessible to all residents and to the general public, a summary of the\\nmost recent inspection of such facility performed by the department or a\\nsocial services district.\\n (b) Provide to any resident and each applicant for admission an\\nopportunity to review the most recent inspection report pertaining to\\nand issued by the department or social services district to such\\nfacility.\\n 4. (a) Each adult home and residence for adults except those operated\\nby a social services district shall file an annual financial statement\\nwith the department on or before the fifteenth day of the sixth calendar\\nmonth after the close of the facility's fiscal year for which such\\nreport is due, upon forms prescribed by the department and in compliance\\nwith the regulations of the department. Such statement shall clearly set\\nforth all financial information pertaining to the operation of such\\nfacility in accordance with generally accepted accounting principles,\\nincluding but not limited to the following:\\n (i) revenues and expenses by categories during such fiscal year.\\n (ii) a balance sheet of the facility as of the end of such fiscal\\nyear, setting forth assets and liabilities at such date, including all\\ncapital, surplus, reserve, depreciation and similar accounts.\\n (iii) a statement of operations of the facility for such fiscal year,\\nsetting forth all revenues, expenses, taxes, extraordinary items and\\nother credits or charges.\\n (iv) the name and address of each of the following persons:\\n (1) the operator of the facility;\\n (2) any person who, directly or indirectly, beneficially owns any\\ninterest in the land on which the facility is located;\\n (3) any person who, directly or indirectly, beneficially owns any\\ninterest in the building in which the facility is located;\\n (4) any person who, directly or indirectly, beneficially owns any\\ninterest in any mortgage, note, deed of trust or other obligation\\nsecured in whole or in part by the land on which or building in which\\nthe facility is located; and\\n (5) any person who, directly or indirectly, has any interest as lessor\\nor lessee in any lease or sub-lease of the land on which or the building\\nin which the facility is located.\\n (v) if the facility or any person named in response to subparagraph\\n(iv) of this paragraph is a partnership, then the name and home address\\nof each partner.\\n (vi) if the facility or any person named in response to subparagraph\\n(iv) of this paragraph is a corporation, other than a corporation whose\\nshares are traded on a national securities exchange or are regularly\\nquoted in an over-the-counter market or which is a commercial bank,\\nsavings bank or savings and loan association, then the name and address\\nof each officer, director, and each principal stockholder and\\ncontrolling person of such corporation.\\n (vii) if any corporation named in response to subparagraph (iv) of\\nthis paragraph is a corporation whose shares are traded on a national\\nsecurities exchange or are regularly quoted in an over-the-counter\\nmarket or which is a commercial bank, savings bank or savings and loan\\nassociation, then the name and address of the principal executive\\nofficers and each director and, if known, each principal stockholder of\\nsuch corporation.\\n (viii) if the facility paid or received an aggregate of five hundred\\ndollars or more during the fiscal year in connection with transactions\\nwith any person named in response to subparagraph (iv), (v), (vi) or\\n(vii) of this paragraph or any affiliate of said person, a description\\nof the transactions, naming the parties thereto and describing the\\nrelationships which require the transactions to be described and the\\ngoods, services, payments or other consideration received by each party\\nto the transactions. Such facility must make available to the\\ndepartment, when requested, adequate documentation to support the costs\\ninvolved including access to books and records related to such\\ntransactions.\\n (ix) if known, the nature and amount of any interest in, or\\nrelationship with, any other adult care facility, held by any person\\nnamed in response to subparagraph (iv) of this paragraph, or by any\\naffiliate of such person.\\n (x) the following definitions shall be applicable to this paragraph\\nand to any reports filed pursuant to this paragraph:\\n (1) \"affiliate\" means:\\n (A) with respect to a partnership, each partner thereof;\\n (B) with respect to a corporation, each officer, director, principal\\nstockholder and controlling person thereof;\\n (C) with respect to a natural person (a) each member of said person's\\nimmediate family, (b) each partnership and each partner thereof of which\\nsaid person or any affiliate of said person is a partner, and (c) each\\ncorporation in which said person or any affiliate of said person is an\\nofficer, director, principal stockholder or controlling person;\\n (2) \"controlling person\" of any corporation, partnership or other\\nentity means any person who has the power, directly or indirectly, to\\nsignificantly influence or direct the actions or policies of such\\nfacility. Neither the department nor any employee of the department\\nshall, by reason of his or her official position, be deemed a\\ncontrolling person of any corporation, partnership or other entity;\\n (3) \"immediate family\" of any person includes each parent, child,\\nspouse, brother, sister, first cousin, aunt and uncle of such person\\nwhether such relationship arises by reason of birth, marriage or\\nadoption;\\n (4) \"principal stockholder\" of a corporation means any person who\\nbeneficially owns, holds or has the power to vote, ten percent or more\\nof any class of securities issued by said corporation.\\n (xi) together with such other information as may be required by the\\ndepartment.\\n Such statement shall be accompanied by an opinion signed by an\\nindependent licensed accountant that such financial statement represents\\nthe financial operations and position of the facility, except such\\nopinion shall not be required for facilities with a capacity of nine or\\nless.\\n (b) The department shall accept in full satisfaction of the provisions\\nof this subdivision from operators of adult homes and residences for\\nadults who are required to submit an annual report as a charitable\\norganization to the secretary of state of the state of New York or are\\nrequired to submit to the commissioner of the New York state department\\nof health an annual report of residential health care facilities, a\\ncertified copy of such report and upon request from the department an\\nuncertified copy of the financial statement required to be filed with\\nthe department pursuant to the provisions of this subdivision.\\n (c) The department may examine the books and records of any adult home\\nor residence for adults to determine the accuracy of the annual\\nfinancial statement or for any other reason deemed appropriate by the\\ndepartment to effectuate the purposes of this section.\\n (d) The department shall perform on a selected sample of adult homes\\nand residences for adults, a financial audit as part of the inspection\\nprocedure.\\n (e) Each enriched housing program shall file financial statements with\\nthe department on at least an annual basis, in accordance with\\nregulations.\\n 5. The department may promulgate regulations which require each adult\\ncare facility to maintain the following written records and any other\\nsuch records, under such conditions and for such time, as may be\\nprescribed pursuant to such regulations: (i) a chronological admission\\nand discharge register consisting of a listing of residents registered\\nin and discharged from such facility by name, age, race or ethnicity,\\nsex of resident, and place from or to which the resident is registered\\nor discharged, (ii) a daily census record, (iii) a personal non-medical\\nrecord for each resident, including but not limited to, identification\\nof his or her next-of-kin, family and sponsor, the name and address of\\nthe person or persons to be contacted in the event of an emergency, and\\nall details of the referral and registration and non-medical\\ncorrespondence and papers concerning the resident, (iv) a financial\\nrecord for each resident, including but not limited to, copies of all\\nagreements, resident account records and a current inventory of personal\\nproperty being held by the operator.\\n 6. No facts and information retained as part of individual resident\\nrecords by an operator of an adult care facility may be released to\\nanyone other than the resident, the resident's next-of-kin or authorized\\nrepresentative of the resident, the operator, his employees or agents,\\nor an employee or designee of the department without the written\\npermission of the resident.\\n 7. Nothing contained in this section shall be construed or deemed to\\nrequire the public disclosure of confidential medical, social, personal\\nor financial records of any resident. The department shall adopt such\\nregulations as may be necessary to give effect to the provisions of this\\nsection and to preserve the confidentiality of medical, social, personal\\nor financial records of residents.\\n 8. Nothing contained in this section shall be construed or deemed to\\nrequire the disclosure of the names and addresses or other information\\nthat would identify or tend to identify persons who file complaints with\\nthe department concerning the operation of adult care facilities. This\\nshall apply to all complaints, regardless of whether the department is\\nable to substantiate the complaint. Such information shall be deemed to\\nbe confidential and shall only be made available to a district attorney\\nor police officer conducting a criminal investigation or prosecution\\nrelating to an adult care facility and only upon the written request of\\nthe investigating officer or district attorney; or to a court or to the\\npresiding officer of an administrative proceeding and the parties to\\nsuch proceeding if, with the consent of the persons providing such\\ninformation, it is to be utilized by the department or any other state\\nor local agency or subdivision in such proceeding. If a party is not\\nprovided with the identity of a person providing information in\\naccordance with the provisions of this section, the fact that such\\nconfidential report was made shall in no way be relied upon by any court\\nor presiding officer of an administrative proceeding in the course of\\nreaching a determination in such proceeding. The department shall,\\nconsistent with the provisions of this section, adopt such regulations\\nas may be necessary to preserve the confidentiality of persons making\\nsuch complaints.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-F", "title" : "Operation of facility in receivership", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-F", "activeDate" : "2014-09-22", "sequenceNo" : 691, "repealedDate" : null, "fromSection" : "461-F", "toSection" : "461-F", "text" : " § 461-f. Operation of facility in receivership. 1. As a means of\\nprotecting the health, safety and welfare of the residents of an adult\\ncare facility subject to inspection and supervision by the department,\\nit may become necessary under certain circumstances to authorize the\\ncontinuing operation of such facility for a temporary period by a court\\nappointed receiver, at the discretion of the commissioner, as provided\\nin this section or with respect to an adult home, enriched housing\\nprogram or residence for adults, a receiver approved by the department\\nof health pursuant to written agreement between the department and the\\noperator or operators of such facility, provided that such agreement\\nshall not exceed a period of sixty days but may be extended for an\\nadditional sixty day period upon agreement by the parties.\\n 2. The operator or operators of any adult home, enriched housing\\nprogram or residence for adults may at any time request the department\\nof health to appoint a receiver to take over the operation of such\\nfacility. Upon receiving such a request, the department of health may,\\nif it deems such action desirable, enter into an agreement with any such\\noperator or operators for the appointment of a receiver to take charge\\nof the facility under whatever conditions as shall be found acceptable\\nby the parties, provided that such agreement shall not exceed a period\\nof sixty days but may be extended for an additional sixty day period\\nupon agreement by the parties.\\n 3. (a) In the event of a transfer of possession of the premises of\\nsuch facility from an approved operator to a court appointed receiver in\\na bankruptcy or mortgage foreclosure proceeding, the department may\\nauthorize such court appointed receiver to continue to operate such\\nfacility for a temporary period pending the filing and review of an\\napplication to the department by such receiver or by another person for\\nan operating certificate, provided, however, that such court appointed\\nreceiver agrees to operate the facility during such temporary period in\\naccordance with such terms and conditions as may be set by the\\ndepartment, which terms and conditions shall include compliance with all\\napplicable provisions of law and regulations of the department, and\\nwhich shall include a waiver by the receiver of any assessment of fees\\nagainst the department, the commissioner and the state. Such application\\nfor an operating certificate shall be filed within ninety days after the\\ntransfer of possession to the receiver, unless the time for such filing\\nis extended by the department.\\n (b) The commissioner may make application to appear and advise the\\ncourt of any objections he may have to the transfer of possession from\\nthe approved operator to any other person including a receiver or of any\\nobjections he may have to continuing a receiver or any other person in\\npossession.\\n (c) After a receiver obtains such temporary authorization, he may\\noperate such facility only so long as he continues to do so in\\ncompliance with the applicable law, regulations of the department, and\\nthe terms and conditions for such authorization as set by the\\ndepartment.\\n 4. (a) When the department revokes or temporarily suspends the\\noperating certificate of such facility and the commissioner determines\\nthat appointment of a receiver is necessary to protect the health,\\nsafety and welfare of the residents of a facility the commissioner may\\napply to the supreme court in the county where the facility is situated\\nfor an order directing the operators, owners and prime lessors, if any,\\nof the premises to show cause why the commissioner, or at the discretion\\nof the commissioner, his designee, should not be appointed receiver to\\ntake charge of the facility. Such order to show cause shall be\\nreturnable not less than five days after service is completed and shall\\nprovide for personal service of a copy thereof and the papers on which\\nit is based on the operators, owners and prime lessors, if any, of the\\npremises. If any such operator, owner or prime lessor cannot with due\\ndiligence be served personally within the county where the property is\\nlocated and within the time fixed in such order, then service may be\\nmade on such person by posting a copy thereof in a conspicuous place\\nwithin the facility in question, and by sending a copy thereof by\\nregistered mail, return receipt requested, to such operator, owner or\\nprime lessor at the last address reported to the department, or\\notherwise known to the department.\\n (b) On the return of said order to show cause, determination shall\\nhave precedence over every other business of the court unless the court\\nshall find that some other pending proceeding, having similar statutory\\nprecedence, shall have priority. The court may conduct a hearing at\\nwhich all interested parties shall have the opportunity to present\\nevidence pertaining to the application. If the court shall find that the\\nfacts warrant the granting thereof, then the commissioner, or at the\\ndiscretion of the commissioner, any person designated by the\\ncommissioner, shall be appointed receiver to take charge of the\\nfacility. Except in the case where the receiver is assuming an existing\\nbona fide arms length lease, the commissioner shall determine a\\nreasonable monthly rental for the facility, based on consideration of\\nall appropriate factors, including the condition of such facility. The\\nrent as determined by the commissioner shall be paid by the receiver to\\nthe owners or prime lessors as may be directed by the court for each\\nmonth that the receivership remains in effect, provided, however that\\nnothing contained herein shall be construed to alter or diminish any\\nobligation the operator may have under any currently valid lease.\\n (c) Any receiver appointed pursuant to this subdivision shall have all\\nof the powers and duties of a receiver appointed in an action to\\nforeclose a mortgage on real property, together with such additional\\npowers and duties as are herein granted and imposed. The receiver shall\\nwith all reasonable speed but, in any case, within six months after the\\ndate on which the receivership was ordered, unless otherwise extended by\\nthe court, provide for the orderly transfer of all residents in the\\nfacility to other facilities or make other provisions for their\\ncontinued safety and care. He shall, during this period, operate the\\nfacility in compliance with the applicable law and regulations of the\\ndepartment, and shall have such additional powers, approved by the\\ncommissioner, to incur expenses as may be necessary to so operate the\\nfacility. The receiver shall not be required to file any bond. He shall\\ncollect incoming payments from all sources and apply them to the costs\\nincurred in the performance of his functions as receiver. The receiver\\nshall honor all existing leases, mortgages and chattel mortgages that\\nhad previously been undertaken as obligations of the owners or operators\\nof the facility. No security interest in any real or personal property\\ncomprising the facility or contained within the facility, or in any\\nfixture of the facility, shall be impaired or diminished in priority by\\nthe receiver. The receiver shall compensate the owners of any goods held\\nin inventory for those goods which he uses or causes to be used by\\nreimbursing the costs of such goods, except that no such compensation\\nshall be made for any such goods for which such owners have already been\\nreimbursed.\\n (d) (i) The receiver shall be entitled to a fee and reimbursement for\\nexpenses as determined by the commissioner, based upon consideration of\\nall appropriate factors relating to the operation of the facility, to be\\npaid as a charge against the operator, not to exceed the fees,\\ncommissions and necessary expenses authorized to be paid to receivers in\\nan action to foreclose a mortgage.\\n (ii) The receiver shall be liable only in his official capacity for\\ninjury to person and property by reason of conditions of the facility in\\na case where an owner would have been liable; he shall not have any\\nliability in his personal capacity, except for gross negligence and\\nintentional acts.\\n (iii) The receiver appointed pursuant to this subdivision may, subject\\nto approval by the commissioner, ratify any collective bargaining\\nagreement in effect between the operator and the employees of a\\nfacility, or suspend such collective bargaining agreement, provided\\nhowever, that he remain liable for payment of wages and salaries at the\\nrates and levels in effect at the time of his appointment.\\n (iv) (A) The receiver shall notify the commissioner of any lien or\\nconveyance made in contemplation of receivership with an intent to\\nremove an asset of the facility from the jurisdiction and use of the\\nreceiver, or to hinder or delay the receiver in the execution of his\\nduties and responsibilities as receiver; such notice shall be forwarded\\nto the commissioner in a manner to be determined by regulations of the\\ndepartment.\\n (B) With respect to any such lien or conveyance, the commissioner\\nshall have available any remedy available to a trustee in a bankruptcy\\nproceeding pursuant to the federal bankruptcy act or any remedy\\navailable to a creditor in a proceeding pursuant to article ten of the\\ndebtor and creditor law and may apply to the court to have such lien or\\nconveyance set aside, or to have the court make any order which the\\ncircumstances of the case may require.\\n (e) (i) The court shall terminate the receivership only under any of\\nthe following circumstances:\\n a. six months after the date on which it was ordered, except that the\\ncourt may extend such period for good cause shown;\\n b. when the department grants the facility a new operating\\ncertificate; or\\n c. at such time as all of the residents in the facility have been\\nprovided alternative modes of care, either in another facility or\\notherwise; provided, that the residents shall not be removed from the\\nfacility unless it is required for the protection of the health, safety\\nor welfare of the residents.\\n (ii) At the time of termination of the receivership, the receiver\\nshall render a full and complete accounting to the court and shall\\ndispose of any profit or surplus money at the direction of the court.\\n (f) (i) Any person who is served a copy of an order of the court\\nappointing the receiver shall, upon being notified of the name and\\naddress of the receiver, make all payments for goods supplied by the\\nfacility, or services rendered by the facility, to the receiver. A\\nreceipt shall be given for each such payment, and copies of all such\\nreceipts shall be kept on file by the receiver. The amount so received\\nshall be deposited by the receiver in a special account which shall also\\nbe used for all disbursements made by the receiver.\\n (ii) Any person refusing or omitting to make such a payment after such\\nservice and notice may be sued therefor by the receiver. Such person\\nshall not in such suit dispute the authority of the receiver to incur or\\norder such expenses, or the right of the receiver to have such payments\\nmade to him. The receipt of the receiver for any sum paid to him shall,\\nin all suits and proceedings and for every purpose, be as effectual in\\nfavor of any person holding the same as actual payment of the amount\\nthereof to the owner or other person or persons who would, but for the\\nprovisions of this subdivision, have been entitled to receive the sum so\\npaid. No resident shall be discharged, nor shall any contract or rights\\nbe forfeited or impaired, nor any forfeiture or liability be incurred,\\nby reason of any omission to pay any owner, contractor or other person\\nany sum so paid to the receiver.\\n (g) Any other provision of this chapter notwithstanding, the\\ndepartment may, if it deems appropriate, grant to any facility operating\\nor scheduled to operate under a receivership authorized by this\\nsubdivision an operating certificate the duration of which shall be\\nlimited to the duration of the receivership.\\n (h) (i) No provision contained herein shall be deemed to relieve the\\noperators, owners or prime lessors, if any, of any civil or criminal\\nliability or obligation incurred, or any duty imposed by law, by reason\\nof acts or omissions of such persons prior to the appointment of any\\nreceiver hereunder. During the period a facility is operated by a\\nreceiver, the operator, owner or prime lessor, if any, shall continue to\\nbe liable for all obligations for the payment of taxes or other\\noperating and maintenance expenses of the facility and the owner or\\nother appropriate person shall continue to be liable for the payment of\\nmortgages or liens.\\n (ii) Expenses incurred by a receiver to meet the operating and\\nmaintenance expenses of the facility and the basic needs of the\\nresidents of the facility shall be deemed the obligations of the\\noperator, and not the obligation of the receiver or the state.\\n (iii) The receiver shall not be responsible for any obligations\\nincurred by the owner, operator or prime lessor, if any, prior to the\\nappointment of the receiver.\\n (iv) The receiver shall be entitled to use for operating and\\nmaintenance expenses and the basic needs of the residents of the\\nfacility a portion of the revenues due the operator during the month in\\nwhich the receiver is appointed which portion shall be established on\\nthe basis of the amounts of the operating and maintenance expenses for\\nsuch month.\\n (v) Any sums determined to be due and owing by the receiver to the\\nowner, operator or prime lessor shall be off-set by any charges\\ndetermined to be the obligations of the owner, operator or prime lessor.\\n 5. (a) Subject to paragraph (c) of this subdivision, the commissioner\\nis authorized to make payments to receivers appointed pursuant to the\\nprovisions of subdivision three of this section, only if the receiver\\ndemonstrates to the satisfaction of the commissioner that the facility's\\nfunds which are available are insufficient to meet operating and\\nmaintenance expenses of the facility and the basic needs of the\\nresidents of the facility.\\n (b) The operator of a facility operated by a receiver pursuant to the\\nprovisions of subdivision three of this section shall be liable for all\\nmonies made available to the receiver pursuant to the provisions of\\nparagraph (a) of this subdivision.\\n (c) To the extent funds are appropriated, payments made pursuant to\\nthis section shall be made from the local assistance fund and such\\npayments shall be made only if a certificate of allocation and a\\nschedule of amounts to be available therefor shall have been issued by\\nthe director of the budget, upon the recommendation of the commissioner\\nof social services, and a copy of such certificate filed with the\\ncomptroller, the chairman of the senate finance committee and the\\nchairman of the assembly ways and means committee. Such certificate may\\nbe amended from time to time by the director of the budget, upon the\\nrecommendation of the commissioner of social services, and a copy of\\neach such amendment shall be filed with the comptroller, the chairman of\\nthe senate finance committee and the chairman of the assembly ways and\\nmeans committee.\\n (d) Any payments made by the department to a receiver pursuant to the\\nprovisions of this section shall be made without any obligation on the\\npart of the social services district in which the receiver-operated\\nfacility is located to reimburse the department for any such payments.\\n 6. Nothing contained in this section shall be construed to require the\\ncommissioner to seek the appointment of a receiver or to assume the\\nresponsibilities of a receiver directly or indirectly through his\\ndesignee; nor shall this section authorize any court to compel the\\ncommissioner to assume the responsibilities of a receiver or to appoint\\na designee to assume such responsibilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-G", "title" : "Termination of admission agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-G", "activeDate" : "2014-09-22", "sequenceNo" : 692, "repealedDate" : null, "fromSection" : "461-G", "toSection" : "461-G", "text" : " § 461-g. Termination of admission agreements. 1. No adult home,\\nresidence for adults or enriched housing program which is subject to\\ncertification and supervision of the department shall terminate the\\nadmission agreement of any resident of such facility and involuntarily\\ndischarge him therefrom except for the following reasons:\\n (a) the need of the resident for continual medical or nursing care\\nwhich the adult home, residence for adults or enriched housing program\\ncannot provide;\\n (b) behavior of the resident which poses imminent risk of death or\\nimminent risk of serious physical harm to such resident or any other\\nperson;\\n (c) failure of the resident to make timely payment for all authorized\\ncharges, expenses and other assessments, if any, for services including\\nuse and occupancy of the premises, materials, equipment and food which\\nthe resident has agreed to pay pursuant to the resident's admission and\\nservices agreement;\\n (d) repeated behavior of the resident which directly impairs the\\nwell-being, care or safety of the resident or any other resident or\\nwhich substantially interferes with the orderly operation of the\\nfacility;\\n (e) the facility has had its operating certificate limited, revoked or\\ntemporarily suspended pursuant to subdivision four of section four\\nhundred sixty-d of this article, or the operator has voluntarily\\nsurrendered the operating certificate for the facility to the\\ndepartment; or\\n (f) a receiver has been appointed pursuant to the provisions of\\nsection four hundred sixty-one-f of this article and, as required by\\nsuch section, is providing for the orderly transfer of all residents in\\nthe facility to other facilities or is making other provisions for the\\nresidents' continued safety and care.\\n 2. (a) No admission agreement shall be terminated and no resident of\\nan adult home, residence for adults or enriched housing program\\ninvoluntarily discharged for the reasons stated in paragraphs (a), (b),\\n(c), (d) or (e) of subdivision one of this section unless: (i) the\\noperator gives at least thirty days written notice, on a form prescribed\\nby the department, to the resident, the resident's next of kin and the\\nperson designated in the admission agreement as the responsible party,\\nif any, that the resident's admission agreement will be terminated and\\nthe resident discharged; (ii) such notice contains the reason for the\\ntermination of the admission agreement, the date that the discharge will\\noccur, a statement that the resident has a right to object to the\\ntermination of the resident's admission agreement and subsequent\\ndischarge, and a statement that if the resident does not leave the\\nfacility voluntarily, the operator, in order to terminate the admission\\nagreement and discharge the resident, will be required to originate a\\nproceeding pursuant to the provisions of section four hundred\\nsixty-one-h of this article; (iii) the operator furnishes to the\\nresident a list of free legal services agencies within the facility's\\ngeographical area and a list of other available community resources\\nwhich provide resident advocacy services, including the social services\\ndistrict, which lists shall be provided to the operator by the\\ndepartment; and (iv) the operator institutes a special proceeding in\\naccordance with the provisions of section four hundred sixty-one-h of\\nthis article.\\n (b) No admission agreement shall be terminated and the resident of an\\nadult home, residence for adults or enriched housing program\\ninvoluntarily discharged for the reason stated in paragraph (c) of\\nsubdivision one of this section, if the reason that the resident failed\\nto pay the authorized charges was an interruption in the receipt by such\\nresident of any public benefits to which such resident is entitled,\\nunless the operator of the facility, during the thirty day notice period\\nprovided for in subparagraph (i) of paragraph (a) of this subdivision,\\nas part of the provision of case management services, assists the\\nresident, who shall cooperate with the operator, in attempting to obtain\\nsuch public benefits or any supplemental public benefits which are\\navailable to persons who have not received their regular public\\nbenefits.\\n (c) The admission agreement of a resident in an enriched housing\\nprogram may be terminated and the resident discharged pursuant to the\\nprovisions of this section and section four hundred sixty-one-h of this\\narticle; provided, however, where such resident has an existing lease\\nwith the landlord of the premises in which the program is housed, the\\nresident may not be involuntarily removed from the premises pursuant to\\nthis section and section four hundred sixty-one-h of this article,\\nexcept in accordance with the provisions of such lease and applicable\\nlaw and regulation.\\n 3. (a) Nothing in this section shall prohibit: (i) the removal of a\\nresident from a facility, for medical treatment or care, to a hospital,\\nnursing home or residential health care facility, as defined in section\\ntwenty-eight hundred one of the public health law, or to a hospital as\\ndefined in section 1.03 of the mental hygiene law; or (ii) the removal\\nfrom the facility of a resident whose behavior poses an imminent risk of\\ndeath or imminent risk of serious physical harm to such resident or any\\nother person, by a peace officer, acting pursuant to his special duties,\\nor a police officer, who is a member of an authorized police department\\nor force or a sheriff's department; or (iii) the removal from the\\nfacility of a resident, whose behavior poses an imminent risk of death\\nor imminent risk of serious physical harm, to a location which ensures\\nthe resident's safety, pursuant to regulations of the department.\\n (b) Such removal shall not be deemed to be a termination of the\\nadmission agreement. Such removal shall not relieve the operator of the\\nfacility from the requirement of proceeding, subsequent to the removal\\nof the resident, in accordance with this section and section four\\nhundred sixty-one-h of this article in order to terminate the admission\\nagreement to prevent the resident from returning to the facility. When\\nan operator proceeds subsequent to the removal of the resident from the\\nfacility, to terminate the admission agreement, the written notice\\nrequired to be given to the resident by subparagraph (i) of paragraph\\n(a) of subdivision two of this section shall be personally delivered to\\nthe resident at the location to which he has been removed. If personal\\ndelivery is not possible, then such notice shall be served upon the\\nresident by any of the methods permitted by section three hundred eight\\nof the civil practice law and rules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-H", "title" : "Special proceeding for termination of adult home, residence for adults and enriched housing program admission agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-H", "activeDate" : "2014-09-22", "sequenceNo" : 693, "repealedDate" : null, "fromSection" : "461-H", "toSection" : "461-H", "text" : " § 461-h. Special proceeding for termination of adult home, residence\\nfor adults and enriched housing program admission agreements. 1. (a) A\\nspecial proceeding to terminate the admission agreement of a resident of\\nan adult home, residence for adults or enriched housing program and\\ndischarge the resident therefrom may be maintained in the county court,\\nthe justice court of the village, the town justice court, the court of\\ncivil jurisdiction in a city, or the district court which has\\njurisdiction over proceedings brought pursuant to article seven of the\\nreal property actions and proceedings law.\\n (b) The place of trial of the special proceeding shall be within the\\njurisdictional area of the court in which the adult home or residence\\nfor adults is situated; except that where the facility is located in an\\nincorporated village which includes parts of two or more towns, the\\nproceeding may be tried by a town justice of any such town who keeps an\\noffice in the village.\\n 2. The proceeding may be brought by the operator of an adult home,\\nresidence for adults or enriched housing program.\\n 3. (a) The special proceeding prescribed by this section shall be\\ncommenced by petition and a notice of petition. A notice of petition may\\nbe issued only by an attorney, judge or the clerk of the court; it may\\nnot be issued by a party prosecuting the proceeding in person.\\n (b) The notice of petition shall specify the time and place of the\\nhearing on the petition.\\n 4. The notice of petition and petition shall be served at least five\\nand not more than twelve days before the time at which the petition is\\nnoticed to be heard.\\n 5. (a) Service of the notice of petition and petition shall be made by\\npersonally delivering them to the resident; and at the time of such\\nservice, a copy of such notice of petition and petition shall be mailed\\nto the resident's next of kin and to the person designated in the\\nadmission agreement as the responsible party, if any, and the\\ndepartment. If service by personal delivery of the notice of petition\\nand petition upon a resident, who has been removed from the facility as\\npermitted by subdivision three of section four hundred sixty-one-g of\\nthis article, is not possible, then service upon such resident shall be\\nmade by any of the methods permitted by section three hundred eight of\\nthe civil practice law and rules.\\n (b) The notice of petition and petition together with proof of service\\nthereof on the resident and proof that copies thereof have been mailed\\nto the resident's next of kin and to the person designated in the\\nadmission agreement as the responsible party, if any, shall be filed\\nwith the court or clerk thereof within three days after delivery to the\\nresident.\\n (c) Service shall be complete upon filing proof of service.\\n 6. The petition shall be verified by the person authorized by\\nsubdivision two of this section to maintain the proceeding; or by a\\nlegal representative, attorney or agent of such person pursuant to\\nsubdivision (d) of section thirty hundred twenty of the civil practice\\nlaw and rules.\\n Every petition shall:\\n (a) state the interest of the petitioner in the premises from which\\nremoval is sought;\\n (b) state the resident's interest in the premises and his relationship\\nto petitioner with regard thereto;\\n (c) describe the premises from which removal is sought;\\n (d) state the facts upon which the special proceeding is based; and\\n (e) state the relief sought. The relief may include a judgment for\\npayment of all charges, expenses and other assessments due.\\n 7. The resident may answer in writing prior to the date the petition\\nis to be heard or orally at the time the petition is heard. The resident\\nmay interpose any defense that he may have in his answer.\\n 8. If the relief sought by the operator includes a judgment for\\npayment of all charges, expenses and other assessments due, then any\\ncounterclaims which the resident may have against the operator may be\\nheard in a special proceeding maintained pursuant to the provisions of\\nthis section, provided, however, that the court in its discretion may\\nsever such claims and counterclaims from the special proceeding.\\n 9. Where triable issues of fact are raised, they shall be tried by the\\ncourt. The court, in its discretion, at the request of one or both of\\nthe parties may grant an adjournment for not more than ten days.\\n 10. (a) The court shall direct that a final judgment be entered\\ndetermining the rights of the parties with regard to the admission\\nagreement.\\n (b) The judgment, including such money as it may award for use and\\noccupancy of the facility or otherwise, may be docketed in such books as\\nthe court maintains for recording the steps in a summary proceeding;\\nunless a rule of the court, or the court by order in a given case\\notherwise provides, such judgment need not be recorded or docketed in\\nthe books, if separately maintained in which are docketed money\\njudgments in an action.\\n 11. (a) Upon rendering a final judgment for petitioner, the court\\nshall issue an order of removal directed to the sheriff of the county or\\nto any constable or marshal of the city in which the facility is\\nsituated, or, if it is not situated in a city to any constable of any\\ntown in the county, describing the property, and commanding the officer\\nto remove the resident.\\n (b) The officer to whom the order of removal is directed and delivered\\nshall give at least seventy-two hours notice, in writing and in the\\nmanner prescribed in this section for the service of a notice of\\npetition, to the person to be removed and shall execute the order\\nbetween the hours of sunrise and sunset.\\n 12. (a) If a proceeding is brought by an operator of an adult home,\\nresidence for adults or enriched housing program pursuant to the\\nprovisions of this section and the reason for the proceeding is that a\\nresident of such a facility has not paid the authorized charges, the\\ncourt shall stay the issuance of the order of removal for ten days from\\nthe date a judgment is rendered. The court, in its discretion, may stay\\nthe issuance of an order of removal for up to ninety days if the reason\\nfor the termination of the admission agreement and discharge of the\\nresident is that the resident failed to pay the authorized charges and\\nsuch nonpayment was due to an interruption by a government agency in the\\ndelivery to such resident of any public benefits to which such resident\\nis entitled. During the pendency of such stay, the operator of the\\nfacility, as part of the provision of case management services shall be\\nrequired to assist the resident who shall cooperate with the operator,\\nin obtaining any such public benefits or any supplemental public\\nbenefits which are available to persons who have not received their\\nregular public benefits.\\n (b) If a proceeding is brought by an operator of an adult home,\\nresidence for adults or enriched housing program pursuant to the\\nprovisions of this section, and the reason for the proceeding is\\nrepeated behavior by the resident which directly impairs the well-being,\\ncare or safety of the resident or any other resident or which\\nsubstantially interferes with the orderly operation of the facility, the\\ncourt, in its discretion, upon application of the resident, may stay the\\nissuance of the order of removal for up to thirty days from the date a\\njudgment is rendered.\\n (c) If a proceeding is brought by an operator, administrator or\\nreceiver of an adult home, residence for adults or enriched housing\\nprogram pursuant to the provisions of this section, and the reason for\\nthe proceeding is that the facility has had its operating certificate\\nrevoked or temporarily suspended pursuant to subdivision four of section\\nfour hundred sixty-d of this article, or the operator has voluntarily\\nsurrendered the operating certificate for the facility to the\\ndepartment, the court, in its final judgment entered pursuant to\\nsubdivision ten of this section, shall not direct the facility to remain\\nopen and in operation.\\n 13. During the pendency of a special proceeding brought pursuant to\\nthis section, the operator of an adult home, residence for adults or\\nenriched housing program shall be required to honor all terms of the\\nadmission agreement until the resident is removed.\\n 14. Nothing contained herein shall be deemed to alter or abridge any\\nright of a resident or operator of an adult home, residence for adults\\nor enriched housing program to obtain any relief to which such persons\\nare entitled in any other court of competent jurisdiction.\\n 15. Notwithstanding the provisions of this article, nothing contained\\nherein shall be construed to create a relationship of landlord and\\ntenant between an operator of an adult home, residence for adults or\\nenriched housing program and a resident thereof.\\n 16. Notwithstanding any other provision in this section to the\\ncontrary, the admission agreement of a resident in an enriched housing\\nprogram may be terminated and the resident discharged pursuant to the\\nprovisions of section four hundred sixty-one-g of this article and\\npursuant to a special proceeding as set forth in this section; provided,\\nhowever, where such resident has an existing lease with the landlord of\\nthe premises in which the program is housed, the resident may not be\\ninvoluntarily removed from the premises except in accordance with the\\nprovisions of such lease and applicable law and regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-I", "title" : "Planning and development grants for enriched housing programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-I", "activeDate" : "2014-09-22", "sequenceNo" : 694, "repealedDate" : null, "fromSection" : "461-I", "toSection" : "461-I", "text" : " § 461-i. Planning and development grants for enriched housing\\nprograms. 1. The department shall, to the extent funds are available for\\nsuch purpose, award planning and development grants to, and contract\\nwith, lawfully approved enriched housing programs that qualify for such\\ngrants under criteria to be established by the department. Such grants\\nshall be made for the purposes of defraying start-up expenses and\\nreducing initial operating deficits incurred in the first twelve months\\nof a program's operations resulting from initial low occupancy rates.\\nUse of such funds may include, but shall not be limited to, paying for\\nrent prior to occupancy and security deposits, administrative expenses,\\nminor renovations of existing structures, furnishings and household\\nequipment, moving expenses of residents and reasonable anticipated\\noperating deficits resulting from low initial occupancy rates.\\n 2. Any public agency, public corporation or not-for-profit corporation\\nwho has filed an application for approval to operate an enriched housing\\nprogram, or any lawfully approved enriched housing operator, may make\\napplication for a planning and development grant in a manner and form\\nprescribed by the department. The department shall make determinations\\nof award for each application for such grants at such time that a final\\ndetermination is made with respect to approving the establishment of, or\\ngranting an operating certificate for, an enriched housing program. The\\ndepartment shall award planning and development grants on the basis of\\nthe quality of the proposed program, the applicant's financial needs,\\nthe geographic distribution of enriched housing programs, and the\\navailability of, and demand for, long-term care services in the\\ngeographic area to be served by the proposed program.\\n 3. The department may award planning and development grants to, and\\ncontract with, lawfully approved enriched housing programs under\\ncriteria to be established by the department for the purpose of moderate\\nrenovations or modifications of existing structures when determined to\\nbe necessary by the commissioner. Use of such grants for moderate\\nstructural renovations or modifications shall be deemed necessary in\\nthose instances where the commissioner determines that, without such\\nrenovations or modifications, a geographic area may be underserved\\nbecause of the lack of available or suitable existing structures.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-J", "title" : "Family type homes for adults; special needs funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-J", "activeDate" : "2014-09-22", "sequenceNo" : 695, "repealedDate" : null, "fromSection" : "461-J", "toSection" : "461-J", "text" : " § 461-j. Family type homes for adults; special needs funds. 1. The\\ncommissioner shall establish a procedure whereby payments shall be made\\nto duly certified operators of family type homes for adults for the\\npurpose of meeting one or more of certain special needs of persons\\nresiding in such facilities and properly receiving or eligible to\\nreceive supplemental security income, additional state payments or\\nsafety net assistance benefits, as follows:\\n (a) Payments to be used for necessary clothing, recreation,\\ntransportation and cultural activities of specified individual residents\\nshall not exceed two hundred ninety dollars per resident per year.\\n (b) Payments to be used for provision of substitute care to residents\\nduring periods of emergency and scheduled absence of operators,\\nincluding periods of operator absence for the purposes of education and\\ntraining, shall not exceed five hundred dollars per facility per year.\\n (c) Payments to be used for health and safety equipment shall not\\nexceed seventy-five dollars per facility per year.\\n 2. Social services districts shall establish a separate account for\\nspecial needs funds and shall administer payments to operators out of\\nsaid account, in accordance with regulations which shall be promulgated\\nby the department. The department shall pay district costs out of\\navailable appropriations for such purposes, to the extent of one hundred\\npercent of the amount expended pursuant to subdivision one of this\\nsection, in accordance with the provisions of section one hundred\\nfifty-three of this chapter. In addition, the department shall, in\\naccordance with the provisions of section one hundred fifty-three of\\nthis chapter, reimburse one hundred percent of amounts expended by each\\ndistrict for administration under this section only to the extent of ten\\npercent of the amount paid by such district pursuant to subdivision one\\nof this section, and shall thereafter reimburse fifty percent of any\\nadditional amounts paid by such district for such administrative costs.\\nThe department may make advances to districts which shall then advance\\nsuch funds to duly certified operators, to the extent provided for by\\ndepartment regulations, in anticipation of costs incurred in meeting the\\nspecial needs as set forth in subdivision one of this section and\\nrelated administrative costs in accordance with the procedure\\nestablished by the commissioner. Nothing contained in this section shall\\nbe construed to require expenditures by any district pursuant to\\nsubdivision one of this section, in excess of the amounts made available\\nto the district by the department pursuant to this section.\\n 3. Notwithstanding any other provision of law, state reimbursement to\\ndistricts may be made only from and to the extent of moneys appropriated\\nto the department for such purposes.\\n 4. The department shall audit payments and maintenance of accounts in\\naccordance with department regulations. The commissioner shall\\npromulgate regulations to carry out the purposes of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-K", "title" : "Services for non-residents in certain adult care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-07-07", "2020-04-24", "2023-05-12", "2026-05-29" ], "docLevelId" : "461-K", "activeDate" : "2023-05-12", "sequenceNo" : 696, "repealedDate" : null, "fromSection" : "461-K", "toSection" : "461-K", "text" : " * § 461-k. Services for non-residents in certain adult care\\nfacilities. 1. (a) \"Services for non-residents in adult homes,\\nresidences for adults and enriched housing programs\" shall mean an\\norganized program of services which the facility is authorized to\\nprovide to residents of such facility but which are provided to\\nnon-residents for the purpose of restoring, maintaining or developing\\nthe capacity of aged or disabled persons to remain in or return to the\\ncommunity. Such services may include but shall not be limited to day\\nprograms and temporary residential care as defined herein. A person\\nparticipating in a program of services for non-residents in an adult\\ncare facility shall be considered a resident of the facility and shall\\nbe afforded all the rights and protections afforded residents of the\\nfacility under this chapter except that the provisions of sections four\\nhundred sixty-one-g and four hundred sixty-one-h of this title relating\\nto termination of admission agreements shall not apply and that persons\\nreceiving services pursuant to this section shall not be considered to\\nbe receiving residential care as defined in section two hundred nine of\\nthis chapter for purposes of determining eligibility for and the amount\\nof supplemental security income benefits and additional state payments.\\n (b) \"Day programs\" shall mean an organized program for non-residents\\nwhich shall include personal care, supervision and other adult services\\nwhich the facility is authorized to provide to residents of such\\nfacility which may include but are not limited to, activities, meals,\\ninformation and referral, and transportation services, provided in an\\nadult home, residence for adults or enriched housing program.\\n (c) \"Temporary residential care\" shall mean the provision of temporary\\nresidential care of frail or disabled adults on behalf of or in the\\nabsence of the caregiver for up to one hundred twenty days in any twelve\\nmonth period, provided in an adult home, residence for adults or\\nenriched housing program.\\n 2. A program to provide services for non-residents in an adult care\\nfacility may be established and operated in an adult home, residence for\\nadults or enriched housing program provided that such facility has a\\ncurrent operating certificate issued in accordance with section four\\nhundred sixty-one-b of this title. No operator may establish and operate\\na day program to provide services for non-residents, as defined in\\nsubparagraph (b) of subdivision one of this section, unless the operator\\nhas received the prior written approval of the department. The\\ndepartment shall grant such approval to operate a day program only to\\nthose operators that are operating in compliance with applicable law and\\nregulations. No operator may provide temporary residential care as\\ndefined in subparagraph (c) of subdivision one of this section, unless\\nthe operator has notified the department of its intent to do so.\\n 3. Every program of services for non-residents must be established and\\noperated in a manner designed to ensure that such program neither\\nimpairs the effective operation of the facility nor lessens the quality\\nof care provided to the facility residents.\\n 4. The department shall promulgate regulations to carry out the\\npurposes of this section, including, but not limited to, provisions\\nregarding certification, inspection, supervision, enforcement,\\npenalties, records and reports, public need, fiscal, administrative,\\narchitectural, safety, nutrition, duration of service, program\\nstandards, information and referral, admission and discharge standards,\\nwritten service agreements for day services programs and modified\\nadmission agreements for temporary residential care programs and\\noperator responsibility for services and supervision. The department\\nshall have authority to enforce such regulations in the same manner and\\nto the extent it has authority to enforce regulations promulgated\\npursuant to sections four hundred sixty-a through four hundred sixty-f\\nand sections four hundred sixty-one through four hundred sixty-one-e of\\nthis article.\\n 5. The department may waive the determination of public need when an\\nadult care facility is requesting approval to utilize no more than five\\nbeds or five percent of its certified capacity, whichever is less, for\\ntemporary residential care.\\n * NB Expires July 1, 2026\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-L", "title" : "Assisted living program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-04-20", "2022-04-22", "2022-12-16", "2023-03-31", "2023-06-09", "2024-05-03", "2025-10-24" ], "docLevelId" : "461-L", "activeDate" : "2023-03-31", "sequenceNo" : 697, "repealedDate" : null, "fromSection" : "461-L", "toSection" : "461-L", "text" : " § 461-l. Assisted living program. 1. Definitions. As used in this\\nsection, the following words shall have the following meanings:\\n (a) \"Assisted living program\" means an entity or entities with\\nidentical ownership, which are approved to operate pursuant to\\nsubdivision three of this section and possesses a valid operating\\ncertificate as an adult care facility, other than a shelter for adults,\\na residence for adults or a family type home for adults, issued pursuant\\nto this article and which possesses either: (i) a valid license as a\\nhome care services agency issued pursuant to section thirty-six hundred\\nfive of the public health law; or (ii) a valid certificate of approval\\nas a certified home health agency issued pursuant to section thirty-six\\nhundred six of the public health law; or (iii) valid authorization as a\\nlong term home health care program issued pursuant to section thirty-six\\nhundred ten of the public health law.\\n (b) \"Capitated rate of payment\" means the rate established pursuant to\\nsubdivision six of section thirty-six hundred fourteen of the public\\nhealth law.\\n (c) \"Eligible applicant\" means:\\n (i) A single entity that is:\\n (A) only a natural person or partnership composed only of natural\\npersons, a not-for-profit corporation, a public corporation, a business\\ncorporation other than a corporation whose shares are traded on a\\nnational securities exchange or are regularly quoted on a national\\nover-the-counter market or a subsidiary of such a corporation or a\\ncorporation any of the stock of which is owned by another corporation, a\\nlimited liability company provided that if a limited liability company\\nhas a member that is a corporation, a limited liability company or a\\npartnership, the shareholders of the member corporation, the members of\\nthe member limited liability company, or the partners of the member\\npartnership must be natural persons, a social services district or other\\ngovernmental agency which possesses or is eligible pursuant to this\\narticle to apply for an adult care facility operating certificate; and\\n (B) either: (1) an entity which possesses or is eligible pursuant to\\narticle thirty-six of the public health law to apply for licensure as a\\nhome care services agency; (2) an entity which possesses valid\\nauthorization as a long term home health care program; or (3) an entity\\nwhich possesses a valid certificate of approval as a certified home\\nhealth agency pursuant to article thirty-six of the public health law;\\nor\\n (ii) One or more entities listed in subparagraph (i) of this paragraph\\nwith identical owners that, in combination, meet each of the criteria\\nset forth by subparagraph (i) of this paragraph.\\n (d) \"Eligible person\" means a person who:\\n (i) requires more care and services to meet his or her daily health or\\nfunctional needs than can be directly provided by an adult care facility\\nand although medically eligible for placement in a residential health\\ncare facility, can be appropriately cared for in an assisted living\\nprogram and who would otherwise require placement in a residential\\nhealth care facility due to factors which may include but need not be\\nlimited to the lack of a home or a home environment in which to live and\\nreceive services safely; and\\n (ii) is categorized by the long-term care patient classification\\nsystem as defined in regulations of the department of health as a person\\nwho has a stable medical condition and who is able, with direction, to\\ntake action sufficient to assure self-preservation in an emergency. In\\nno event shall an eligible person include anyone in need of continual\\nnursing or medical care, a person who is chronically bedfast, or anyone\\nwho is cognitively, physically or medically impaired to such a degree\\nthat his or her safety would be endangered.\\n (e) \"Services\" shall mean all services for which full payment to an\\nassisted living program is included in the capitated rate of payment,\\nwhich shall include personal care services, home care services and such\\nother services as the commissioner in conjunction with the commissioner\\nof health determine by regulation must be included in the capitated rate\\nof payment, and which the assisted living program shall provide, or\\narrange for the provision of, through contracts with a social services\\ndistrict, long term home health care programs, certified home health\\nagencies, and other qualified providers.\\n 2. General requirements. (a) Applicability. Unless expressly provided\\notherwise in this article or article thirty-six of the public health\\nlaw, an assisted living program shall be subject to any other law, rule\\nor regulation governing adult care facilities, long term home health\\ncare programs, certified home health agencies, licensed home care\\nagencies or personal care services.\\n (b) If an assisted living program itself is not a certified home\\nhealth agency or long term home health care program, the assisted living\\nprogram shall contract with one or more certified home health agencies\\nand/or long term home health care programs for the provision of services\\npursuant to article thirty-six of the public health law.\\n (c) Participation by eligible persons. Participation in an assisted\\nliving program by an eligible person shall be voluntary and eligible\\npersons shall be provided with sufficient information regarding the\\nprogram to make an informed choice concerning participation.\\n (d) Patient services and care. (i) An assisted living program shall,\\neither directly or through contract with a long term home health care\\nprogram or certified home health agency, conduct an initial assessment\\nto determine whether a person would otherwise require placement in a\\nresidential health care facility if not for the availability of the\\nassisted living program and is appropriate for admission to an assisted\\nliving program.\\n (ii) No person shall be determined eligible for and admitted to an\\nassisted living program unless the assisted living program finds that\\nthe person meets the criteria provided in paragraph (d) of subdivision\\none of this section.\\n (iii) Appropriate services shall be provided to an eligible person\\nonly in accordance with a plan of care which is based upon an initial\\nassessment and periodic reassessments conducted by an assisted living\\nprogram, either directly or through contract with a long term home\\nhealth care program or certified home health agency. A reassessment\\nshall be conducted as frequently as is required to respond to changes in\\nthe resident's condition and ensure immediate access to necessary and\\nappropriate services by the resident, but in no event less frequently\\nthan once every six months. No person shall be admitted to or retained\\nin an assisted living program unless the person can be safely and\\nadequately cared for with the provision of services determined by such\\nassessment or reassessment.\\n * (iv) Eligible individuals shall be permitted to receive hospice\\nservices from a provider under article forty of the public health law\\nwhile continuing to reside in an adult care facility under this title\\nand enrolled in the assisted living program, subject to the availability\\nof federal financial participation. The commissioner shall make\\nregulations and take other actions reasonably necessary and appropriate\\nto implement this subparagraph.\\n * NB Effective June 7, 2023\\n 3. Assisted living program approval. (a) An eligible applicant\\nproposing to operate an assisted living program shall submit an\\napplication to the department. Upon receipt, the department shall\\ntransmit a copy of the application and accompanying documents to the\\ndepartment of health. Such application shall be in a format and a\\nquantity determined by the department and shall include, but not be\\nlimited to:\\n (i) a copy of or an application for an adult care facility operating\\ncertificate;\\n (ii) a copy of or an application for a home care services agency\\nlicense or a copy of a certificate for a certified home health agency or\\nauthorization as a long term home health care program;\\n (iii) a copy of a proposed contract with a social services district or\\nin a social services district with a population of one million or more,\\na copy of a proposed contract with the social services district or the\\ndepartment;\\n (iv) if the applicant is not a long term home health care program or\\ncertified home health agency, a copy of a proposed contract with a long\\nterm home health care program or certified home health agency for the\\nprovisions of services in accordance with article thirty-six of the\\npublic health law; and\\n (v) a detailed description of the proposed program including budget,\\nstaffing and services.\\n (b) If the application for the proposed program includes an\\napplication for licensure as a home care service agency, the department\\nof health shall forward the application for the proposed program and\\naccompanying documents to the public health and health planning council\\nfor its written approval in accordance with the provisions of section\\nthirty-six hundred five of the public health law.\\n (c) An application for an assisted living program shall not be\\napproved unless the commissioner is satisfied as to:\\n (i) the character, competence and standing in the community of the\\noperator of the adult care facility;\\n (ii) the financial responsibility of the operator of the adult care\\nfacility;\\n (iii) that the buildings, equipment, staff, standards of care and\\nrecords of the adult care facility to be employed in the operation\\ncomply with applicable law, rule and regulation;\\n (iv) the commissioner of health is satisfied that the licensed home\\ncare agency has received the written approval of the public health and\\nhealth planning council as required by paragraph (b) of this subdivision\\nand the equipment, personnel, rules, standards of care, and home care\\nservices provided by the licensed home care agency and certified home\\nhealth agency or long term home health care program are fit and adequate\\nand will be provided in the manner required by article thirty-six of the\\npublic health law and the rules and regulations thereunder; and\\n (v) the commissioner and the commissioner of health are satisfied as\\nto the public need for the assisted living program.\\n (d) The department shall not approve an application for an assisted\\nliving program for any eligible applicant who does not meet the\\nrequirements of this article, including but not limited to, an eligible\\napplicant who is already or within the past ten years has been an\\nincorporator, director, sponsor, principal stockholder, member or owner\\nof any adult care facility which has been issued an operating\\ncertificate by the board or the department, or of a halfway house,\\nhostel or other residential facility or institution for the care,\\ncustody or treatment of the mentally disabled which is subject to\\napproval by an office of the department of mental hygiene, or of any\\nresidential health care facility or home care agency as defined in the\\npublic health law, unless the department, in conjunction with the\\ndepartment of health, finds by substantial evidence as to each such\\napplicant that a substantially consistent high level of care has been\\nrendered in each such facility or institution under which such person is\\nor was affiliated. For the purposes of this paragraph, there may be a\\nfinding that a substantially consistent high level of care has been\\nrendered despite a record of violations of applicable rules and\\nregulations, if such violations (i) did not threaten to directly affect\\nthe health, safety or welfare of any patient or resident, and (ii) were\\npromptly corrected and not recurrent.\\n (e) The commissioner of health shall provide written notice of\\napproval or disapproval of portions of the proposed application\\nconcerning a licensed home care agency, certified home health agency or\\nlong term home health care program, and, where applicable, of the\\napproval or disapproval of the public health and health planning council\\nto the commissioner. If an application receives all the necessary\\napprovals, the commissioner shall notify the applicant in writing. The\\ncommissioner's written approval shall constitute authorization to\\noperate an assisted living program.\\n (f) No assisted living program may be operated without the written\\napproval of the department, the department of health and, where\\napplicable, the public health and health planning council.\\n (g) Notwithstanding any other provision of law to the contrary, any\\nassisted living program having less than seventy-five authorized bed\\nslots, located in a county with a population of more than one hundred\\nten thousand and less than one hundred fifty thousand persons based upon\\nthe decennial federal census for the year two thousand, and which at any\\npoint in time is unable to accommodate individuals awaiting placement\\ninto the assisted living program, shall be authorized to increase the\\nnumber of assisted living beds available for a specified period of time\\nas part of a demonstration program by up to thirty percent of its\\napproved bed level; provided, however, that such program shall otherwise\\nsatisfy all other assisted living program requirements as set forth in\\nthis section. In addition, any program which receives such authorization\\nand which at any point on or after July first, two thousand five is\\nunable to accommodate individuals awaiting placement into the assisted\\nprogram, shall be authorized to further increase the number of assisted\\nliving beds available as part of this demonstration program by up to\\ntwenty-five percent of its bed level as of July first, two thousand\\nfive; provided, however, that such program shall otherwise satisfy all\\nother assisted living program requirements as set forth in this section.\\n (h) The commissioner is authorized to add one thousand five hundred\\nassisted living program beds to the gross number of assisted living\\nprogram beds having been determined to be available as of April first,\\ntwo thousand seven.\\n (i) (a) The commissioner of health is authorized to add up to six\\nthousand assisted living program beds to the gross number of assisted\\nliving program beds having been determined to be available as of April\\nfirst, two thousand nine. Nothing herein shall be interpreted as\\nprohibiting any eligible applicant from submitting an application for\\nany assisted living program bed so added. The commissioner of health\\nshall not be required to review on a comparative basis applications\\nsubmitted for assisted living program beds made available under this\\nparagraph. The commissioner of health shall only authorize the addition\\nof six thousand beds pursuant to a seven year plan ending prior to\\nJanuary first, two thousand seventeen.\\n (b) The commissioner of health shall provide an annual written report\\nto the chair of the senate standing committee on health and the chair of\\nthe assembly health committee no later than January first of each year.\\nSuch report shall include, but not be limited to, the number of assisted\\nliving program beds made available pursuant to this section by county,\\nthe total number of assisted living program beds by county, the number\\nof vacant assisted living program beds by county, and any other\\ninformation deemed necessary and appropriate.\\n (j) The commissioner of health is authorized to add up to four\\nthousand five hundred assisted living program beds to the gross number\\nof assisted living program beds having been determined to be available\\nas of April first, two thousand twelve. Applicants eligible to submit an\\napplication under this paragraph shall be limited to adult homes\\nestablished pursuant to section four hundred sixty-one-b of this article\\nwith, as of September first, two thousand twelve, a certified capacity\\nof eighty beds or more in which twenty-five percent or more of the\\nresident population are persons with serious mental illness as defined\\nin regulations promulgated by the commissioner of health. The\\ncommissioner of health shall not be required to review on a comparative\\nbasis applications submitted for assisted living program beds made\\navailable under this paragraph.\\n (k) (i) Existing assisted living program providers may apply to the\\ndepartment of health for approval to add up to nine additional assisted\\nliving program beds that do not require major renovation or\\nconstruction. Eligible applicants are those that agree to dedicate such\\nbeds to serve only individuals receiving medical assistance, are in good\\nstanding with the department of health, and are in compliance with\\nappropriate state and local requirements as determined by the department\\nof health.\\n (ii) Existing assisted living program providers licensed on or before\\nApril first, two thousand eighteen may submit applications under this\\nparagraph beginning no later than June thirtieth, two thousand eighteen\\nand until a deadline to be determined by the department of health.\\nExisting assisted living program providers licensed on or before April\\nfirst, two thousand twenty may submit such applications beginning no\\nlater than June thirtieth, two thousand twenty and until a deadline to\\nbe determined by the department of health.\\n (iii) The number of additional assisted living program beds approved\\nunder this paragraph shall be based on the total number of previously\\nawarded beds either withdrawn by applicants or denied by the department\\nof health. The commissioner of health shall utilize an expedited review\\nprocess allowing certification of the additional beds within ninety days\\nof such department's receipt of a satisfactory application.\\n (l) (i) The commissioner of health is authorized to solicit and award\\napplications for up to a total of five hundred new assisted living\\nprogram beds in those counties where there is one or no assisted living\\nprogram providers, pursuant to criteria to be determined by the\\ncommissioner.\\n (ii) The commissioner of health is authorized to solicit and award\\napplications for up to five hundred new assisted living program beds in\\ncounties where utilization of existing assisted living program beds\\nexceeds eighty-five percent. All applicants shall comply with federal\\nhome and community-based settings requirements, as set forth in 42 CFR\\nPart 441 Subpart G. To be eligible for an award, an applicant must agree\\nto:\\n (A) Dedicate such beds to serve only individuals receiving medical\\nassistance;\\n (B) Develop and execute collaborative agreements within twenty-four\\nmonths of an application being made to the department of health, in\\naccordance with guidance to be published by such department, between at\\nleast one of each of the following entities: an adult care facility; a\\nresidential health care facility; and a general hospital; and\\n (C) Enter into an agreement with an existing managed care entity.\\n (iii) The commissioner of health is authorized to award any assisted\\nliving program beds for which a solicitation is made under subparagraph\\n(i) of this paragraph, but which are not awarded, to applicants that\\nmeet all applicable criteria pursuant to a solicitation made under\\nsubparagraph (ii) of this paragraph.\\n (m) Beginning April first, two thousand twenty-five, additional\\nassisted living program beds shall be approved on a case by case basis\\nwhenever the commissioner of health is satisfied that public need exists\\nat the time and place and under circumstances proposed by the applicant.\\n (i) The consideration of public need may take into account factors\\nsuch as, but not limited to, regional occupancy rates for adult care\\nfacilities and assisted living program occupancy rates and the extent to\\nwhich the project will serve individuals receiving medical assistance.\\n (ii) Existing assisted living program providers may apply for approval\\nto add up to nine additional assisted living program beds that do not\\nrequire major renovation or construction under an expedited review\\nprocess. The expedited review process is available to applicants that\\nare in good standing with the department of health, and are in\\ncompliance with appropriate state and local requirements as determined\\nby the department of health. The expedited review process shall allow\\ncertification of the additional beds for which the commissioner of\\nhealth is satisfied that public need exists within ninety days of such\\ndepartment's receipt of a satisfactory application.\\n (n) The commissioner of health is authorized to create a program to\\nsubsidize the cost of assisted living for those individuals living with\\nAlzheimer's disease and dementia who are not eligible for medical\\nassistance pursuant to title eleven of article five of this chapter. The\\nprogram shall authorize up to two hundred vouchers to individuals\\nthrough an application process and pay for up to seventy-five percent of\\nthe average private pay rate in the respective region. The commissioner\\nof health may propose rules and regulations to effectuate this\\nprovision.\\n 4. Revocation, suspension, limitation or annulment. Authorization to\\noperate an assisted living program may be revoked, suspended, limited or\\nannulled by the commissioner in accordance with the provisions of this\\narticle if the adult care facility fails to comply with applicable\\nprovisions of this chapter or rules or regulations promulgated hereunder\\nor by the commissioner of health in accordance with the provisions of\\narticle thirty-six of the public health law if the licensed home care\\nservice agency, certified home health agency or long term home health\\ncare program fails to comply with the provisions of article thirty-six\\nof the public health law or rules or regulations promulgated thereunder.\\n 5. Rules and regulations. The commissioner and the commissioner of\\nhealth shall jointly promulgate any rules and regulations necessary to\\neffectuate the provisions and purposes of this section and section\\nthirty-six hundred fourteen of the public health law. Such regulations\\nshall provide that the department and the department of health shall\\ncoordinate their surveillance and enforcement efforts, including but not\\nlimited to, on-site surveys of assisted living programs.\\n 6. Report. The commissioner and the commissioner of health shall\\nsubmit a joint report to the governor, the temporary president of the\\nsenate, the speaker of the assembly, the state hospital review and\\nplanning council and health systems agencies on or before March first,\\nnineteen hundred ninety-three which shall include a description of the\\nprograms, including the number of programs established and authorized by\\ngeographic area, the cost of the program, including the savings to state\\nand local governments, the number of persons served by the program by\\ngeographic area, a description of the demographic and clinical\\ncharacteristics of patients served by the program and an evaluation of\\nthe quality of care provided to persons served by the program. Such\\nreport shall be utilized by the department of health in estimating\\nstatewide need for long term care beds for the planning target year next\\nsucceeding nineteen hundred ninety-three. In addition, the state\\nhospital review and planning council shall consider the results of such\\nreport in approving the methodology for determining statewide need for\\nlong term care beds for the planning target year next succeeding\\nnineteen hundred ninety-three.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-M", "title" : "Death and felony crime reporting", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-22", "2018-02-23", "2018-06-08" ], "docLevelId" : "461-M", "activeDate" : "2018-06-08", "sequenceNo" : 698, "repealedDate" : null, "fromSection" : "461-M", "toSection" : "461-M", "text" : " § 461-m. Death and felony crime reporting. The operator of an adult\\nhome, enriched housing program or residence for adults shall have an\\naffirmative duty to report any death, or attempted suicide of a resident\\nto the department of health within twenty-four hours of its occurrence,\\nand shall also have an affirmative duty to report to an appropriate law\\nenforcement authority if the operator discovers an incident that the\\noperator believes or reasonably should believe would constitute a felony\\ncrime against a resident of such facility as soon as possible, or in any\\nevent within twenty-four hours. In addition, the operator shall send any\\nreports involving a resident who had at any time received services from\\na mental hygiene service provider to the justice center for the\\nprotection of people with special needs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-O", "title" : "Complaint investigation procedures", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-O", "activeDate" : "2014-09-22", "sequenceNo" : 699, "repealedDate" : null, "fromSection" : "461-O", "toSection" : "461-O", "text" : " § 461-o. Complaint investigation procedures. The department shall\\nestablish procedures governing the receipt and investigation of\\ncomplaints regarding the care afforded to residents of adult care\\nfacilities consistent with article eleven of this chapter, as\\napplicable. Such procedures shall assure the confidentiality of the\\ncomplainant. Such procedures shall include but not be limited to the\\nprocedures for reporting complaints, either in writing or orally to the\\ndepartment, and the time frames governing the investigation of any such\\ncomplaints submitted to the department. Provided however, if any\\ncomplaint alleges the abuse or neglect of a resident or involves an\\nincident that exposes a resident to cruel or unsafe care or otherwise\\nrepresents a serious resident care issue, the department shall ensure\\nthat an investigation of any such complaint is initiated immediately and\\nin no event commenced less than seventy-two hours from the time such\\ncomplaint is received by the department. Upon the conclusion of the\\ninvestigation by the department the operator and the complainant shall\\nbe notified in writing of the results of such investigation or, as\\napplicable, pursuant to article eleven of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-P", "title" : "Adult care facilities training program", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-P", "activeDate" : "2014-09-22", "sequenceNo" : 700, "repealedDate" : null, "fromSection" : "461-P", "toSection" : "461-P", "text" : " § 461-p. Adult care facilities training program. The department may,\\nwithin the amounts as appropriated for such purpose, establish an adult\\ncare facility training program that shall assist in the development of\\ntraining materials and/or the provision of staff training activities. In\\ndeveloping such training program, the department shall determine the\\nfeasibility of providing such training on a statewide basis. The\\ndepartment may contract with organizations representing adult care\\nfacilities to provide such training. Such contracts shall require that\\nfunding made available through this program shall be used to enhance the\\nskills of staff of adult care facilities and may include, but not be\\nlimited to training activities regarding medication management, safety\\nand security procedures, rights of residents, behavioral management\\ntechniques, and any other training initiatives identified by the\\ndepartment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-Q", "title" : "Temperature standards in adult homes, enriched housing programs and residences for adults", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-Q", "activeDate" : "2014-09-22", "sequenceNo" : 701, "repealedDate" : null, "fromSection" : "461-Q", "toSection" : "461-Q", "text" : " § 461-q. Temperature standards in adult homes, enriched housing\\nprograms and residences for adults. The commissioner of health shall\\npromulgate rules and regulations with respect to an allowable\\ntemperature in all areas occupied by residents of an adult home,\\nenriched housing program and residence for adults, including any areas\\nintended for use by its residents in common including auditoriums,\\nmeeting rooms and cafeterias. One common room in such adult home,\\nenriched housing program and residence for adults shall be required to\\nbe air conditioned.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-R", "title" : "Food services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "461-R", "activeDate" : "2014-09-22", "sequenceNo" : 702, "repealedDate" : null, "fromSection" : "461-R", "toSection" : "461-R", "text" : " § 461-r. Food services. 1. Food services in adult care facilities\\nshall be provided in a manner that respects the dietary needs of the\\nresidents in relation to health conditions, food allergies and dietary\\nintolerances, religious and ethnic mandates, and that allows for a\\nreasonable variation in taste preferences.\\n 2. Resident food committees in each facility, assembled from among the\\nresidents, shall have the freedom to meet and evaluate the food service\\navailable to them without interference, and shall advise the operators\\nof the adult care facility as to issues of dietary needs, preferences,\\nfood quality and safety.\\n 3. The commissioner of health shall review existing adult care\\nfacility regulations and amend existing regulations or promulgate new\\nregulations if appropriate, to determine those food service personnel in\\nadult care facilities that should undergo training appropriate for the\\nlevel of food service which they may perform, including but not limited\\nto sanitation in the food preparation and service areas; refrigeration\\nand preservation; principles of a balanced meal; and ordering with an\\nemphasis on fresh foods.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-S", "title" : "Enhancing the quality of adult living program for adult care facilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-05-01", "2016-04-22", "2020-04-17" ], "docLevelId" : "461-S", "activeDate" : "2020-04-17", "sequenceNo" : 703, "repealedDate" : null, "fromSection" : "461-S", "toSection" : "461-S", "text" : " § 461-s. Enhancing the quality of adult living program for adult care\\nfacilities. 1. (a) The commissioner of health shall establish the\\nenhanced quality of adult living program (referred to in this section as\\nthe \"EQUAL program\" or the \"program\") for adult care facilities. The\\nprogram shall be targeted at improving the quality of life for adult\\ncare facility residents by means of grants to facilities for the\\npurposes set forth in subparagraphs (i) and (ii) of the paragraph. The\\ndepartment of health, subject to the approval of the director of the\\nbudget, shall develop an allocation methodology taking into account the\\nfinancial status and size of the facility, resident needs and the\\npopulation of residents who receive supplemental security income, state\\nsupplemental payments, Medicaid (with respect to residents in an\\nassisted living program), or safety net assistance. On or before June\\nfirst of each year, the department shall make available the application\\nfor EQUAL program funds. Grants may be used to support the following\\npurposes:\\n (i) to improve the quality of life for adult care facility residents\\nby funding projects including, but not limited to, clothing allowances,\\nresident training to support independent living skills, improvements in\\nfood quality, outdoor leisure projects, and culturally recreational and\\nother leisure events; and resident quality of life, pursuant to this\\nsubparagraph, and\\n (ii) to improve the quality of life for adult care facility residents\\nby financing capital improvement projects that will enhance the physical\\nenvironment of the facility and promote a higher quality of life for\\nresidents. Any capital related expense generated by such capital\\nexpenditure must receive approval by the department of health, provided\\nhowever, that such expenditures shall not be used to supplant the\\nobligations of the facility operator to provide a safe, comfortable\\nenvironment for residents in a good state of repair and sanitation.\\n (b) On or before June first of each year, the department shall make\\navailable the application for EQUAL program funds to eligible adult care\\nfacilities, as set forth in this section.\\n 2. No payment shall be made under the program to a facility that has\\nreceived official written notice from the department of a proposed\\nrevocation, suspension, limitation or denial of the operator's operating\\ncertificate.\\n 3. Prior to applying for EQUAL program funds, a facility shall receive\\napproval of its expenditure plan from the residents' council for the\\nfacility. The residents' council shall adopt a process to identify the\\npriorities of the residents for the use of the program funds and\\ndocument residents' top preferences by means that may include a vote or\\nsurvey. The plan shall detail how program funds will be used to improve\\nresident quality of life, pursuant to subparagraph (i) of paragraph (a)\\nof subdivision one of this section, and support sustainable enhancements\\nto the physical environment of the facility pursuant to subparagraph\\n(ii) of paragraph (a) of this subdivision. The facility's application\\nfor EQUAL program funds shall include a signed attestation from the\\npresident or chair-person of the residents' council or, in the absence\\nof a residents' council, at least three residents of the facility,\\nstating that the application reflects the priorities of the residents of\\nthe facility. The department shall investigate reports of resident abuse\\nand retaliation related to program applications and expenditures.\\n 4. EQUAL program funds shall not be expended for a facility's daily\\noperating expenses, including employee salaries or benefits, or for\\nexpenses incurred retrospectively, except that expenditures may be\\nincurred prior to the approval of the facility's application for such\\nfiscal year, provided that: (a) consistent with subdivision three of\\nthis section, the residents' council approves such expenditure prior to\\nthe expenditure being incurred, and the facility provides with its\\napplication documentation of such approval and the date thereof; and (b)\\nthe expenditure meets all applicable requirements pursuant to this\\nsection and is subsequently approved by the department. EQUAL program\\nfunds may be used for expenditures related to corrective action as\\nrequired by an inspection report, provided such expenditure is\\nconsistent with subdivision three of this section.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-T", "title" : "Review of criminal history information concerning prospective direct care employees", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-02-20" ], "docLevelId" : "461-T", "activeDate" : "2015-02-20", "sequenceNo" : 704, "repealedDate" : null, "fromSection" : "461-T", "toSection" : "461-T", "text" : " § 461-t. Review of criminal history information concerning prospective\\ndirect care employees. Every adult home, enriched housing program and\\nresidence for adults shall conduct a criminal history record check of\\nprospective direct care employees utilizing the procedures and standards\\nset forth in article twenty-eight-E of the public health law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "461-U", "title" : "Personal caregiving and compassionate caregiving visitors for residents of adult care facilities during declared local or state health em...", "docType" : "SECTION", "publishedDates" : [ "2021-04-02", "2021-05-14" ], "docLevelId" : "461-U", "activeDate" : "2021-04-02", "sequenceNo" : 705, "repealedDate" : null, "fromSection" : "461-U", "toSection" : "461-U", "text" : " § 461-u. Personal caregiving visitors for residents of adult care\\nfacilities during public health emergencies. 1. As used in this section,\\nthe following terms have the following meanings:\\n (a) \"personal caregiving visitor\" means a family member, close friend,\\nor legal guardian of a resident designated by the resident or the\\nresident's lawful representative to assist with personal caregiving or\\ncompassionate caregiving for the resident;\\n (b) \"personal caregiving\" means care and support of a resident by a\\npersonal caregiving visitor that is provided to benefit such resident's\\nmental, physical, or social well-being.\\n (c) \"compassionate caregiving\" means personal caregiving that is\\nprovided in anticipation of the end of a resident's life or in the\\ninstance of significant mental, physical, or social decline or crisis of\\na resident;\\n (d) \"resident\" means a resident of an adult care facility; in relation\\nto a personal caregiving visitor, \"resident\" means the resident to whom\\na personal caregiving visitor has been designated to assist with\\npersonal caregiving or compassionate caregiving; and\\n (e) \"visit\" includes assisting with personal caregiving or\\ncompassionate caregiving for a resident.\\n 2. During a public health emergency declared under section twenty-four\\nor section twenty-eight of the executive law personal caregiving\\nvisitors may visit residents of adult care facilities, in compliance\\nwith federal law and regulations and state regulations made under this\\nsection. Adult care facilities shall admit any personal caregiving\\nvisitor who is in compliance with applicable requirements under this\\nsection.\\n 3. The commissioner of the department responsible for the licensure or\\ncertification for each type of adult care facility shall make\\nregulations for such type under this section which shall:\\n (a) require adult care facilities to allow personal caregiving\\nvisitors to visit residents subject to this section;\\n (b) set forth procedures for the designation of personal caregiving\\nvisitors by residents or resident's lawful representatives, which: (i)\\nshall include documentation of each designated personal caregiving\\nvisitor in the facility records; (ii) shall include procedures to ensure\\nthat the preferences of the resident regarding the designation of a\\npersonal caregiving visitor are respected; and (iii) may include, in\\nappropriate circumstances, requiring a health or mental health\\nprofessional licensed or certified under the education law to state that\\nthe personal caregiving will substantially benefit the resident's\\nmental, physical, or social well-being. An adult care facility shall not\\nrequire that a health or mental health professional be affiliated with\\nsuch adult care facility;\\n (c) set forth procedures for changing a personal caregiving visitor\\ndesignation;\\n (d) provide that a resident shall be entitled to designate at least\\ntwo personal caregiving visitors;\\n (e) provide that personal caregiving visitors shall be exempt from\\nprohibitions on visiting residents at adult care facilities, subject to\\nthe limitations and requirements of this section;\\n (f) set forth the circumstances under which visiting by personal\\ncaregiving visitors may be temporarily limited or suspended at an adult\\ncare facility to protect the health, safety and welfare of residents,\\nincluding, but not limited to, local infection rates, temporary\\ninadequate staff capacity, or an acute emergency situation;\\n (g) require, at a minimum, that all personal caregiving visitors\\nfollow safety protocols which may include, but need not be limited to:\\n (i) testing for communicable diseases;\\n (ii) checking body temperature upon entry into the adult care\\nfacility;\\n (iii) health screenings upon entry into the adult care facility;\\n (iv) appropriate use of personal protective equipment;\\n (v) social distancing (except as necessary for personal caregiving by\\nthe personal caregiving visitor for a resident); and\\n (vi) any other requirement the respective commissioner deems\\nappropriate;\\n (h) set forth standards for frequency and duration of visits by\\npersonal caregiving visitors at adult care facilities;\\n (i) set forth standards for limiting the total number of personal\\ncaregiving visitors for a resident and/or limiting the total number of\\npersonal caregiving visitors allowed to visit an adult care facility at\\nany one time based on the circumstances of the residents and the adult\\ncare facility;\\n (j) require personal caregiving and compassionate caregiving to be\\ndocumented in the resident's case management notes; and\\n (k) make appropriate provisions for compassionate caregiving.\\n 4. The respective commissioners shall post the requirements consistent\\nwith regulations, on their website, including any requirements as to\\ntime periods and region.\\n 5. This section does not require the medical assistance program to\\ncover personal caregiving or compassionate caregiving and such\\ncaregiving shall not be reimbursed under the medical assistance program.\\n 6. This section does not relieve any facility licensed under this\\narticle, or any facility operator, of any obligation or responsibility\\nimposed by any other applicable law or regulation.\\n 7. Nothing in this section shall be construed to limit access by any\\nvisitor to a facility that would otherwise be permitted under federal or\\nstate law or regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 21 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A7T3", "title" : "Residential Programs For Children", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 706, "repealedDate" : null, "fromSection" : "462", "toSection" : "462-B", "text" : " TITLE 3\\n RESIDENTIAL PROGRAMS FOR CHILDREN\\nSection 462. Responsibility for standards.\\n 462-a. Responsibility for inspection and supervision.\\n 462-b. Responsibility for enforcement.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "462", "title" : "Responsibility for standards", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "462", "activeDate" : "2014-09-22", "sequenceNo" : 707, "repealedDate" : null, "fromSection" : "462", "toSection" : "462", "text" : " § 462. Responsibility for standards. 1. (a) The office of children and\\nfamily services shall promulgate regulations concerning standards of\\ncare and treatment and fiscal, administrative, nutritional,\\narchitectural and safety standards, consistent with the provisions of\\nsection three hundred ninety-eight-a of this chapter, which shall apply\\nto all facilities exercising care or custody of children or providing\\ncare or shelter to unmarried mothers.\\n (b) With respect to facilities exercising care or custody of children,\\nno license or operating certificate shall be provided or renewed unless\\nit can be demonstrated that such facilities comply with regulations for\\nthe prevention and remediation of reportable incidents involving\\nchildren in such facilities, including procedures for:\\n (i) consistent with appropriate collective bargaining agreements and\\napplicable provisions of the civil service law, assisting the justice\\ncenter for the protection of people with special needs with its review\\nand evaluation of criminal background checks of prospective employees,\\nas set forth in subdivision five of section five hundred fifty-three of\\nthe executive law;\\n (ii) establishing, for employees, relevant minimal experiential and\\neducational qualifications consistent with appropriate collective\\nbargaining agreements and applicable provisions of the civil service\\nlaw;\\n (iii) assuring adequate and appropriate supervision of employees,\\nvolunteers and consultants;\\n (iv) demonstrating by a residential facility or program that\\nappropriate action is taken to assure the safety of the child who is\\nreported pursuant to article eleven of this chapter to the vulnerable\\npersons' central register as well as other children in care, immediately\\nupon notification that a report of a reportable incident has been made\\nwith respect to a child in such facility or program;\\n (v) consistent with applicable collective bargaining agreements,\\nassuring that an individual who has committed a category one offense, as\\ndefined in paragraph (a) of subdivision five of section four hundred\\nninety-three of this chapter, that is included on the vulnerable\\npersons' central register is not hired or otherwise used in any position\\nin which such individual would have regular and substantial contact with\\na service recipient in any program operated, licensed or certified by\\nthe office;\\n (vi) removing a child, consistent as applicable with any court order\\nplacing the child, when it is determined that there is risk to such\\nchild if he or she continues to remain within a facility or program;\\n (vii) appropriate preventive and remedial action to be taken including\\nlegal actions, consistent with appropriate collective bargaining\\nagreements and applicable provisions of the civil service law.\\n (c) With respect to facilities exercising care or custody of children\\nsuch standards shall establish as a priority that:\\n (i) subject to the amounts appropriated therefor, administrators,\\nemployees, volunteers and consultants receive training in at least the\\nfollowing: child abuse prevention and identification, safety and\\nsecurity procedures, the principles of child development, the\\ncharacteristics of children in care and techniques of group and child\\nmanagement including crisis intervention, the laws, regulations and\\nprocedures governing the protection of children from abuse and neglect,\\nand other appropriate topics, provided however, that the office may\\nexempt administrators and consultants of such facilities or programs\\nfrom such requirements upon demonstration of substantially equivalent\\nknowledge or experience; and\\n (ii) subject to the amounts appropriated therefor, children receive\\ninstruction, consistent with their age, needs and circumstances as well\\nas the needs and circumstances within the facility or program, in\\ntechniques and procedures which will enable such children to advocate\\nfor and protect themselves from reportable incidents; and\\n (iii) the office, in consultation with the executive director of the\\njustice center for persons with special needs, shall take all reasonable\\nand necessary actions to assure that employees, volunteers and\\nconsultants in residential care facilities and programs are kept\\napprised on a current basis of all office policies and procedures\\nrelating to the protection of children from reportable incidents, and\\nshall monitor and supervise the provision of training to such\\nadministrators, employees, volunteers, children and consultants.\\n (d) Such regulations shall be developed in consultation with other\\nstate departments and agencies responsible for human services programs\\nincluding, but not limited to, the department of education, the\\ndepartment of health, the office of mental health, the office for people\\nwith developmental disabilities, the office of alcoholism and substance\\nabuse services and the justice center for the protection of people with\\nspecial needs and shall, to the extent possible, be consistent with\\nthose promulgated by other state agencies for such purposes.\\n (e) This subdivision shall not apply to facilities operated by or\\ncertified or licensed to operate by another state agency.\\n (f) No residential institution for children as defined in subdivision\\nforty-four of section sixteen hundred seventy-six of the public\\nauthorities law shall enter into a lease, sub-lease or other agreement\\nwith the dormitory authority pursuant to subdivision forty of section\\nsixteen hundred eighty of the public authorities law unless and until:\\n (i) the office of children and family services, the director of the\\ndivision of the budget and any other state agency which licenses such\\nresidential institutions for children first determines that the project\\nis necessary to address health and safety needs of children at the\\ninstitution, approve the project cost upon determination that such costs\\nare reasonable, necessary and cost effective based upon the application\\nof cost per square foot guidelines and any other standards applicable to\\nthe type of program or to the clinically-required needs of a specialized\\ngroup of children to be served by the project; and\\n (ii) the office of children and family services or such other state\\nagency which licenses such residential institution for children approves\\nthe plans and specifications of the residential facilities to be\\nreplaced, reconstructed, rehabilitated, improved, renovated, or\\notherwise provided for, furnished or equipped.\\n 2. (a) The office shall establish regulations governing secure and\\nnon-secure detention facilities subject to article nineteen-G of the\\nexecutive law and residential facilities operated as approved runaway\\nprograms or transitional independent living support programs pursuant to\\narticle nineteen-H of the executive law.\\n (b) The appropriate offices of the state department of mental hygiene\\nshall establish regulations governing all child care facilities subject\\nto articles thirty-one and thirty-two of the mental hygiene law.\\n (c) The department of mental hygiene and the office shall propose any\\nadditional standards as are deemed necessary to adequately ensure the\\ncare of children in facilities subject to the inspection and supervision\\nof the department, which care for a significant number of mentally\\ndisabled children, juvenile delinquents or persons in need of\\nsupervision. The final form of any such additional standards shall be\\nsubject to the approval of the department of mental hygiene for such\\nstandards related to the care of mentally disabled children, or the\\noffice for such standards related to the care of juvenile delinquents\\nand persons in need of supervision.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "462-A", "title" : "Responsibility for inspection and supervision", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "462-A", "activeDate" : "2014-09-22", "sequenceNo" : 708, "repealedDate" : null, "fromSection" : "462-A", "toSection" : "462-A", "text" : " § 462-a. Responsibility for inspection and supervision. 1. The office\\nof children and family services shall inspect and supervise secure and\\nnon-secure detention facilities and those office of children and family\\nservices residential facilities authorized by article nineteen-G of the\\nexecutive law and those residential facilities operated as approved\\nrunaway programs or transitional independent living support programs\\npursuant to article nineteen-H of the executive law.\\n 2. The appropriate offices of the state department of mental hygiene\\nshall inspect and supervise those facilities subject to articles\\nthirty-one and thirty-two of the mental hygiene law.\\n 3. For those facilities which care for a significant number of\\nmentally disabled children, the department shall enter into written\\ncooperative agreements no later than October first, nineteen hundred\\nseventy-seven with the department of mental hygiene for joint inspection\\nand supervision of such facilities, as appropriate.\\n 4. The office of children and family services shall inspect and\\nsupervise all other child care facilities subject to its regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "462-B", "title" : "Responsibility for enforcement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "462-B", "activeDate" : "2014-09-22", "sequenceNo" : 709, "repealedDate" : null, "fromSection" : "462-B", "toSection" : "462-B", "text" : " § 462-b. Responsibility for enforcement. 1. The office of children and\\nfamily services shall exercise the enforcement powers enumerated in\\nsection four hundred sixty-d of this article which may apply to secure\\nand non-secure detention facilities and to those office of children and\\nfamily services residential facilities authorized by article nineteen-G\\nof the executive law and those residential facilities operated as\\napproved runaway programs or transitional independent living support\\nprograms pursuant to article nineteen-H of the executive law.\\n 2. The appropriate offices of the state department of mental hygiene\\nshall exercise the enforcement powers enumerated in section four hundred\\nsixty-d of this article which may apply to those facilities subject to\\narticles thirty-one and thirty-two of the mental hygiene law.\\n 3. With respect to facilities which care for a significant number of\\nmentally disabled children, the department shall enter into written\\ncooperative agreements no later than October first, nineteen hundred\\nseventy-seven with the department of mental hygiene establishing\\ncircumstances under which the department will at the request of the\\ndepartment of mental hygiene act to limit or modify the operating\\ncertificate of any facility so as to preclude such facility from\\naccepting, caring for or continuing to care for mentally disabled\\nchildren.\\n 4. The office of children and family services shall exercise the\\nenforcement powers enumerated in section four hundred sixty-d of this\\narticle with respect to all other child caring facilities subject to its\\nregulation either independently or at the request of the department of\\nmental hygiene.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A7T4", "title" : "Registry of Community Residential Facilities", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "4", "activeDate" : "2014-09-22", "sequenceNo" : 710, "repealedDate" : null, "fromSection" : "463", "toSection" : "463-B", "text" : " TITLE 4\\n REGISTRY OF COMMUNITY RESIDENTIAL FACILITIES\\nSection 463. Definitions.\\n 463-a. Statewide registry.\\n 463-b. Powers and duties.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "463", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "463", "activeDate" : "2019-12-20", "sequenceNo" : 711, "repealedDate" : null, "fromSection" : "463", "toSection" : "463", "text" : " § 463. Definitions. For the purposes of this title, the following\\ndefinitions shall apply:\\n 1. \"Community residential facility\" means any facility operated or\\nsubject to licensure by the state which provides a supervised residence\\nfor mentally, emotionally, physically, or socially disabled persons or\\nfor persons in need of supervision or juvenile delinquents. This term\\nincludes, but is not limited to, community residences for the mentally\\ndisabled operated or licensed by the office of mental health or office\\nfor people with developmental disabilities or by the divisions of the\\noffice of alcoholism and substance abuse, agency operated boarding\\nhomes, group homes or private proprietary homes for adults operated or\\nlicensed by the department of social services, group homes operated by,\\ncontracted for or licensed by the division for youth and half-way houses\\noperated or licensed by the division of substance abuse services.\\n 2. \"Sponsoring agency\" means an agency or unit of government, a\\nvoluntary agency as defined in the mental hygiene law or other\\norganization which intends to establish or operate a community\\nresidential facility.\\n 3. \"Licensing authority\" means the head of the state agency\\nresponsible for issuance of a license or operating certificate to a\\nproposed community residential facility.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "463-A", "title" : "Statewide registry", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "463-A", "activeDate" : "2014-09-22", "sequenceNo" : 712, "repealedDate" : null, "fromSection" : "463-A", "toSection" : "463-A", "text" : " § 463-a. Statewide registry. 1. There shall be established in the\\ndepartment a statewide registry on community residential facilities.\\nThe department shall develop, in cooperation with the state agencies\\nresponsible for the planning, administration, licensing, regulation and\\noperation of community residential facilities, a uniform data base for a\\nstatewide registry to include, but not be limited to, the following\\ninformation:\\n (a) the nature or type of such community residence for the disabled\\nincluding the class of disabled persons it is intended to serve;\\n (b) the title of the sponsoring agency responsible for the operation\\nof such community residence;\\n (c) the geographical area in which such community residence is\\nlocated, including but not limited to street address, municipality,\\nlocal school district and health systems agency;\\n (d) the number of clients or residents authorized to live within such\\ncommunity residences; and\\n (e) the licensing authority of such community residence.\\n 2. (a) The department shall, no later than December fifteenth,\\nnineteen hundred eighty-three and annually thereafter, prepare a report\\nto the governor and the legislature including the following information:\\n (i) a registry of all community residences presently operating in\\nthis state including the types of services provided, the number of\\npersons served, the number of persons authorized to reside therein, the\\nlicensing authority by which it is governed and the municipality in\\nwhich it is located; and\\n (ii) the number of persons in the state presently receiving placement\\nin a community residence including the general type of services being\\nprovided and the municipality in which they are provided.\\n (b) The department shall prepare for inclusion in the annual report\\nrequired by subdivision (d) of section seventeen of this chapter to be\\nfiled with the governor and the legislature prior to December fifteenth\\nof each year an analysis of the information as previously described in\\nparagraph (a) of this subdivision so as to improve the ability of such\\nstate agencies responsible for the planning, administration, licensing,\\nregulation and operation of such community residences to effectively\\nidentify existing and future needs for persons and services in different\\nareas and coordinate their planning efforts to meet such needs.\\n 3. The department shall provide or cause to be provided technical\\nassistance, within available resources, to municipalities which intend\\nto establish similar coordinated planning functions as described in this\\nact.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "463-B", "title" : "Powers and duties", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "463-B", "activeDate" : "2014-09-22", "sequenceNo" : 713, "repealedDate" : null, "fromSection" : "463-B", "toSection" : "463-B", "text" : " § 463-b. Powers and duties. The department shall have the following\\npowers and duties:\\n (a) to request and receive appropriate information as required by the\\nprovisions of this title from state agencies responsible for the\\nplanning, administration, licensing, regulation or operation of\\ncommunity residential facilities, including a list of all community\\nresidences heretofore or hereafter established by such agency or\\npursuant to a license or operating certificate issued by such agency;\\n (b) to compile and index such information received from state\\nagencies responsible for the planning, administration, licensing,\\nregulation or operation of community residential facilities in order to\\nestablish a comprehensive registry of such residences within the state\\nof New York;\\n (c) to provide access to such registry to such state agencies and\\nsponsoring agencies responsible for the planning, administration,\\nlicensing, regulation or operation of community residential facilities\\nso as to coordinate and integrate planning among such state agencies;\\n (d) to make available to municipalities a listing of such community\\nresidential facilities located within their jurisdiction or within an\\nadjoining municipality in order to facilitate proper local planning\\nefforts for the development of such community residential facilities;\\nand\\n (e) to promulgate such regulations as may be necessary to protect\\ninformation required to be kept confidential pursuant to law and to\\nprevent the dissemination of any personally identifiable information of\\nresidents or clients of such community residential facilities.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false } ], "size" : 4 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A8", "title" : "New York State Rural Human Services Networking Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8", "activeDate" : "2014-09-22", "sequenceNo" : 714, "repealedDate" : null, "fromSection" : "464", "toSection" : "464-F", "text" : " ARTICLE 8\\n NEW YORK STATE RURAL HUMAN SERVICES NETWORKING PROGRAM\\nSection 464. Short title.\\n 464-a. Legislative findings.\\n 464-b. Definitions.\\n 464-c. Advisory committee created.\\n 464-d. Program established.\\n 464-e. Distribution of reports.\\n 464-f. Funds not to be diminished.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "464", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464", "activeDate" : "2014-09-22", "sequenceNo" : 715, "repealedDate" : null, "fromSection" : "464", "toSection" : "464", "text" : " § 464. Short title. This article may be cited as the \"rural human\\nservices networking program\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "464-A", "title" : "Legislative findings", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464-A", "activeDate" : "2014-09-22", "sequenceNo" : 716, "repealedDate" : null, "fromSection" : "464-A", "toSection" : "464-A", "text" : " § 464-a. Legislative findings. The legislature hereby finds,\\ndetermines, and declares that:\\n 1. In rural areas there is a necessity to promote different approaches\\nto human services delivery if programs are to properly address diverse\\ncommunity and individual needs and such unique rural conditions as low\\npopulation density; a large proportion of elderly persons; the absence\\nof economies of scale; geographic isolation; inadequate transportation;\\nfluctuating service demands; and general lack of suitable alternatives\\nfor service delivery.\\n 2. The human services delivery system in rural areas is often\\nfragmented, consisting of isolated providers with limited financial\\nresources and limited information-sharing networks. Many such providers\\nare currently providing identical or similar services to the same\\nclientele in the same area, often without being aware of a possible\\nduplication of effort.\\n 3. A full range of coordinated and integrated human services is vital\\nto the health and well-being of residents of rural areas of the state\\nwho are or may in the future be confronted with such intense social\\nproblems as domestic violence, teenage pregnancy, migrant health\\nproblems, nutritional deficiencies, suicide, hunger, unemployment, lack\\nof suitable shelter, crime, drug and alcohol abuse and poverty.\\n 4. A proper response to intense social problems in some rural areas\\nwould be to encourage greater sharing of information and resources among\\nhuman services providers in such rural areas, thereby enhancing the\\ncost-effectiveness and delivery of services required to address such\\nsocial problems. Such cooperative undertakings could be accomplished if\\na program of financial incentives and state-level technical assistance\\nwere made available to encourage providers in rural areas to embark upon\\nsuch cooperative arrangements and networking of the services they\\nprovide.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "464-B", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464-B", "activeDate" : "2014-09-22", "sequenceNo" : 717, "repealedDate" : null, "fromSection" : "464-B", "toSection" : "464-B", "text" : " § 464-b. Definitions. For the purposes of this article:\\n 1. \"Rural area\" shall mean a rural area as defined in section two\\nthousand nine hundred fifty-one of the public health law.\\n 2. \"Advisory committee\" shall mean the committee created in accordance\\nwith section four hundred sixty-four-c of this article, for the purposes\\nof assisting the commissioner in administering the New York state rural\\nhuman services networking program created pursuant to the provisions of\\nthis article.\\n 3. \"Human service\" shall mean any service provided to individuals or\\ngroups of individuals, for the purpose of improving or enhancing such\\nindividuals' health and/or welfare, by addressing social problems\\nincluding but not limited to: domestic violence, teenage pregnancy,\\nmigrant health problems, child abuse, nutritional deficiencies, suicide,\\nhunger, unemployment, lack of suitable shelter, crime, drug and alcohol\\nabuse and poverty.\\n 4. \"Human services provider\" shall mean any public or not-for-profit\\nprivate entity utilizing public and/or private funds to provide or\\ncontract for the provision of human services for the benefit of the\\ngeneral public or specific client groups.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "464-C", "title" : "Advisory committee created", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464-C", "activeDate" : "2014-09-22", "sequenceNo" : 718, "repealedDate" : null, "fromSection" : "464-C", "toSection" : "464-C", "text" : " § 464-c. Advisory committee created. 1. An advisory committee shall be\\ncreated to assist the commissioner in carrying out the provisions of\\nthis article. Such advisory committee shall consist of seven members,\\nwith the commissioner or his or her designee serving as chairperson.\\nMembership of the committee shall include the following persons or their\\ndesignees: the chairperson of the legislative commission on the\\ndevelopment of rural resources which was created by chapter four hundred\\ntwenty-eight of the laws of nineteen hundred eighty-two; the director of\\nthe state office of rural affairs; the director of the office for the\\naging; the commissioner of the department of health; the commissioner of\\nthe division for youth; and the commissioner of the office of mental\\nhealth. The chairperson of the advisory committee may invite the\\ncommissioner or director, or his or her designee, of any other state\\nagency or department, or any other rural human services provider or\\nconsumer, to serve as an ex-officio member of the committee. The\\ncommissioner shall take actions to promote the efficient and effective\\noperation of the advisory committee.\\n 2. The advisory committee shall:\\n a. Review and recommend to the commissioner guidelines for the\\noperation of the rural human services networking program;\\n b. Recommend any changes in statutes or regulations necessary to\\naccomplish the purposes of this article;\\n c. Assist the department in the evaluation of individual pilot\\nprojects and of the rural human services networking program; and\\n d. Assist in the development of interim and final reports, in\\naccordance with section four hundred sixty-four-e of this article.\\n e. Assist the commissioner in determining those rural areas to receive\\npriority consideration in selecting pilot project sites, pursuant to\\nsubdivision four of section four hundred sixty-four-d of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "464-D", "title" : "Program established", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464-D", "activeDate" : "2014-09-22", "sequenceNo" : 719, "repealedDate" : null, "fromSection" : "464-D", "toSection" : "464-D", "text" : " § 464-d. Program established. 1. The commissioner is authorized to\\nestablish within the department a rural human services networking\\nprogram, for the purpose of assisting human services providers in rural\\nareas who seek to participate in the program as hereinafter provided, to\\ndevelop pilot projects to address intense social problems through the\\ncreation of contracts or joint or cooperative agreements. Such pilot\\nprojects shall capitalize on the strength of existing providers by\\npromoting the sharing of resources and service delivery in rural areas,\\nwith the goal of reducing total cost to both consumers and providers\\nwhile increasing the availability and accessibility of human services in\\nsuch areas. Pilot projects shall also serve to identify methods of\\novercoming impediments to the joint provision of integrated and\\ncost-effective human services in rural areas.\\n 2. Within one hundred twenty days after the effective date of this\\narticle, the commissioner, with the advice and guidance of the advisory\\ncommittee, shall establish and give public notice of the existence of\\nthe rural human services networking program, and the availability of\\ncompetitive grants to human services providers interested in undertaking\\npilot projects pursuant to the provisions of this article. At that time\\nthe commissioner shall also distribute information on such program, and\\napplication forms and procedures to eligible human services providers.\\n 3. In order to implement the rural human services networking program\\nthe commissioner shall, within the amounts appropriated therefor,\\nprovide grants to eligible applicants on a competitive basis. No grant\\nfor a pilot project shall be awarded by the commissioner unless the\\napplication for such grant has been reviewed by state agencies which\\nlicense or certify the applicant agencies and any comments on such\\nproposals are considered by the commissioner. To be eligible for a grant\\nunder this article, each application shall be submitted pursuant to a\\ncontract or joint or cooperative agreement on behalf of two or more\\nlocal or regional human services providers intending to implement a\\npilot project in a rural area. Applications shall be submitted to the\\ncommissioner on such forms and at such times as the commissioner shall\\nprescribe, and completed applications shall be approved or disapproved\\nwithin ninety days of submission. In the event the commissioner\\ndetermines that a grant application is incomplete, or where waivers of\\nany regulations are requested by an applicant, the commissioner shall\\nhave an additional ninety days to act upon such application.\\n 4. In determining whether an application shall be approved and funds\\nawarded pursuant to this article, the commissioner shall give priority\\nconsideration to applications received from human services providers\\nintending to implement a pilot project in the most sparsely populated\\nrural areas, as shall be previously determined by the commissioner, in\\nconjunction with the advisory committee. In addition, the commissioner\\nshall consider, but such consideration shall not be limited to, the\\nfollowing:\\n a. The specific objectives and description of the proposed pilot\\nproject, including demonstrated awareness of the level of human services\\ncurrently being provided within the service area;\\n b. The degree to which the proposed pilot project would meet local or\\nregional human services needs;\\n c. The demonstrated ability of the applicants to undertake the pilot\\nproject;\\n d. The contribution the project would make toward the identification\\nand development of innovative delivery systems;\\n e. The degree to which the proposal would enhance the delivery or\\nimprove the availability and accessibility of services with respect to\\nthe full continuum of human services needs;\\n f. The degree to which continuity of care would be fostered and\\nimproved;\\n g. The degree to which the proposal would enhance cost efficiency and\\naccess to human services by populations in need of such services;\\n h. The degree to which information sharing, communication, and\\ncooperation between providers and consumers would be fostered;\\n i. The degree to which economies of scale in both the supply and\\ndemand of services would be addressed;\\n j. The demonstrated level of commitment and support for the project\\nexpressed by the community, local government body or bodies, and other\\nlocal or regional human services providers;\\n k. The impact the proposed pilot project will have on state agencies\\nproviding services or funds for human services programs in the area, as\\ndetermined by the commissioner after consulting with such agencies;\\n l. The consistency of the proposed pilot project with the provisions\\nof article forty-one of the mental hygiene law; and\\n m. Any potential loss of funds or state or federal aid to which\\nproviders may now be entitled, including but not limited to medicaid\\nfunds, and the actions to be taken by the applicant and by the\\ncommissioner to ensure the continuation of the same amount of funds or\\naid.\\n 5. The commissioner or his or her duly authorized representative may\\nmeet with representatives of the applicants for the informal discussion\\nof preliminary and informal plans for a proposed project and may provide\\nsuch technical assistance as may be requested to implement an approved\\nproject.\\n 6. Pilot projects shall be approved for a time period not to exceed\\nthree years. Within the amounts appropriated therefor, the commissioner\\nshall approve pilot project grant awards of not less than ten thousand\\ndollars nor more than fifty thousand dollars per pilot project in any\\none calendar year. Such grants may be renewed annually for up to three\\nconsecutive years, subject to the availability of funds. Funds awarded\\nto each recipient in the second and third years may be the same amount\\nas the grant received in the first year, or may be a lesser amount, with\\nthe amounts of such awards determined in accordance with the nature of\\nthe approved pilot project, the number of delivery and consumer\\nagencies, and the number of clients to be served. If the commissioner\\ndetermines that a grant is being used for purposes other than those\\nwhich are in conformity with this article, the commissioner may withdraw\\napproval of the project and require repayment of all or part of such\\ngrant to the state. The commissioner shall cause reports to be prepared\\nand submitted for each project by the grantees at such times and in such\\nmanner as are consistent with the purposes of this article.\\n 7. For the purpose of promoting innovative approaches and maximum\\neffectiveness in the utilization of state and local monies, and\\nnotwithstanding any other provisions of law, the commissioner may waive\\nany departmental regulations that may impede the successful\\nimplementation and testing of a pilot project, provided that there is a\\nfinding by the commissioner that the general welfare of the people\\nreceiving human services will not be impaired. In addition, the\\ncommissioner shall consult with federal, state, and local officials with\\nrespect to securing their cooperation in coordinating related programs\\nand in seeking necessary regulatory waivers, in order to assure the\\neffective operation of any pilot project. Notwithstanding any other\\nprovisions of law, at the request of the commissioner, on behalf of an\\napplicant, the commissioner or director of any other state agency or\\ndepartment shall be authorized to waive any applicable regulations of\\nsuch agency or department that may impede the successful implementation\\nof a pilot project, provided there is a finding that the general welfare\\nof the people receiving human services will not be impaired.\\n 8. Upon the request of an applicant, the commissioner or his or her\\nduly authorized representative may render to such applicant such\\ntechnical services and assistance as the department may possess or as\\nmay be available to it in order to enable the applicant to carry out the\\nproject and terms of such contract.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "464-E", "title" : "Distribution of reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464-E", "activeDate" : "2014-09-22", "sequenceNo" : 720, "repealedDate" : null, "fromSection" : "464-E", "toSection" : "464-E", "text" : " § 464-e. Distribution of reports. The commissioner, in conjunction\\nwith the advisory committee, shall prepare an interim report within\\nthirty months after the effective date of this article, which shall\\ninclude a preliminary review of each pilot project. The commissioner, in\\nconjunction with such committee, shall also prepare a final report\\nwithin sixty months after the effective date of this article. Such\\nfinal report shall contain a description of the various human services\\npilot projects demonstrated and their perceived effect on cost,\\ndelivery and accessibility of human services in rural areas. The final\\nreport shall describe the effect of each pilot project on existing\\nproviders and consumers of such services, as well as the effect on each\\ncommunity served. The same report shall identify laws, rules and\\nregulations, if any, that should be repealed or amended in order to make\\nit possible to properly and efficiently implement such plans or programs\\nin other rural areas of the state. Said interim and final reports shall\\nbe distributed to all participants in the program, as well as to the\\ngovernor and the legislature.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "464-F", "title" : "Funds not to be diminished", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "464-F", "activeDate" : "2014-09-22", "sequenceNo" : 721, "repealedDate" : null, "fromSection" : "464-F", "toSection" : "464-F", "text" : " § 464-f. Funds not to be diminished. For the duration of the grant\\nperiod, no local or regional human services provider shall lose any\\ngrants or funds to which it may be entitled if it were to operate\\nseparately, solely because it elects to participate in a pilot project\\nprogram and, notwithstanding any other provision of law to the contrary,\\nsuch grants or funds shall continue to be allocated in the same manner\\nand in the same amount as if such human services provider was not a\\nparticipant in such pilot project program.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A8-A", "title" : "Nutrition Outreach and Public Education Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-A", "activeDate" : "2014-09-22", "sequenceNo" : 722, "repealedDate" : null, "fromSection" : "465", "toSection" : "465-D", "text" : " ARTICLE 8-A\\n NUTRITION OUTREACH AND PUBLIC EDUCATION PROGRAM\\nSection 465. Nutrition outreach and public education program;\\n establishment.\\n 465-a. Definitions.\\n 465-b. Responsibilities of the commissioner.\\n 465-c. Grants to community organizations.\\n 465-d. Criteria for high risk areas.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "465", "title" : "Nutrition outreach and public education program; establishment", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "465", "activeDate" : "2014-09-22", "sequenceNo" : 723, "repealedDate" : null, "fromSection" : "465", "toSection" : "465", "text" : " § 465. Nutrition outreach and public education program; establishment.\\nThe nutrition outreach and public education program is established\\nwithin the office of temporary and disability assistance. Such program\\nis established to ensure maximum participation by eligible persons in\\nfederal and state food assistance programs. The program shall be\\nstructured so as to increase participation statewide but with particular\\nattention to high risk areas with a focus on certain at risk\\npopulations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "465-A", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "465-A", "activeDate" : "2014-09-22", "sequenceNo" : 724, "repealedDate" : null, "fromSection" : "465-A", "toSection" : "465-A", "text" : " § 465-a. Definitions. As used in this article:\\n 1. \"High risk areas\" means any county or urban area where a\\nsignificant percentage or number of those potentially eligible for food\\nassistance programs are not participating in such programs.\\n 2. \"Food assistance programs\" means programs including but not limited\\nto food stamp programs, school breakfast and lunch programs, child care\\nfood programs, summer food service programs, special supplemental\\nprograms for women, infants and children, congregate meal programs and\\nhome delivered meal programs.\\n 3. \"At risk populations\" means populations including but not limited\\nto families with children receiving family assistance, households\\nreceiving federal supplemental security income payments, households with\\nincomes at or below one hundred eighty-five percent of the poverty\\nlevel, recipients of emergency food, elderly or disabled persons,\\nhomeless persons, unemployed persons, and families and persons residing\\nin rural households who are at risk of nutritional deficiencies.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "465-B", "title" : "Responsibilities of the commissioner", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "465-B", "activeDate" : "2014-09-22", "sequenceNo" : 725, "repealedDate" : null, "fromSection" : "465-B", "toSection" : "465-B", "text" : " § 465-b. Responsibilities of the commissioner. The commissioner shall\\ndirectly or through contract administer a program of nutrition outreach\\nthat shall include but not be limited to:\\n 1. statewide coordination;\\n 2. provision of information as to the availability of, eligibility\\ncriteria for, and application procedure for food assistance programs;\\n 3. coordination of efforts among state agencies including, but not\\nlimited to, the department of health, the office for the aging, and the\\neducation department and community agencies involved in food assistance\\nprograms;\\n 4. compilation of statistical data from state and local agencies and\\ndissemination to community organizations; and\\n 5. nutrition education.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "465-C", "title" : "Grants to community organizations", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "465-C", "activeDate" : "2014-09-22", "sequenceNo" : 726, "repealedDate" : null, "fromSection" : "465-C", "toSection" : "465-C", "text" : " § 465-c. Grants to community organizations. The commissioner shall\\nmake grants within the amount appropriated therefor to community-based\\norganizations or consortia of community-based organizations in high risk\\nareas for outreach activities. Such outreach activities shall include\\nbut not be limited to:\\n 1. identification of barriers to participation in food assistance\\nprograms including the unavailability of such programs;\\n 2. information as to program availability, individual or household\\neligibility, and application procedure;\\n 3. identification of at risk populations and individuals within the at\\nrisk populations who are not participating;\\n 4. assistance with eligibility requirements including verification and\\nenrollment;\\n 5. dissemination of information to and conducting training sessions\\nfor local groups; and\\n 6. nutrition education to at risk populations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "465-D", "title" : "Criteria for high risk areas", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "465-D", "activeDate" : "2014-09-22", "sequenceNo" : 727, "repealedDate" : null, "fromSection" : "465-D", "toSection" : "465-D", "text" : " § 465-d. Criteria for high risk areas. In selecting those areas which\\nwould be determined to be high risk and therefore eligible for a grant,\\nthe commissioner may consider factors including, but not limited to:\\n 1. fifty percent or more of those potentially eligible are not\\nparticipating in the food stamp program or where a significant number of\\nthe population potentially eligible, particularly the working poor and\\nthe elderly, are not participating;\\n 2. twenty-five percent or more of children are eligible for free or\\nreduced price meals within the school lunch program;\\n 3. infant mortality or morbidity rates;\\n 4. economic indicators including, but not limited to, the unemployment\\nrate, prevailing wages, and recent loss of job base;\\n 5. high concentration of at risk populations; and\\n 6. unavailability of food assistance programs in the area because of\\nlack of provider participation or knowledge about the existence of such\\nprograms.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 5 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A8-B", "title" : "Transitional Care", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "8-B", "activeDate" : "2014-09-22", "sequenceNo" : 728, "repealedDate" : null, "fromSection" : "466-A", "toSection" : "466-B", "text" : " ARTICLE 8-B\\n TRANSITIONAL CARE\\nSection 466-a. Agreements.\\n 466-b. Care provided by authorized agencies.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "466-A", "title" : "Agreements", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "466-A", "activeDate" : "2019-12-20", "sequenceNo" : 729, "repealedDate" : null, "fromSection" : "466-A", "toSection" : "466-A", "text" : " § 466-a. Agreements. The department shall enter into memorandums of\\nunderstanding with the office of mental health and the office for people\\nwith developmental disabilities. The memorandums with the office for\\npeople with developmental disabilities and the office of mental health\\nshall facilitate access by those offices to child care facilities\\nproviding transitional care to young adults as may be necessary for\\nthose offices to meet their responsibilities for monitoring the care of\\nthe young adults.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "466-B", "title" : "Care provided by authorized agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "466-B", "activeDate" : "2014-09-22", "sequenceNo" : 730, "repealedDate" : null, "fromSection" : "466-B", "toSection" : "466-B", "text" : " § 466-b. Care provided by authorized agencies. An authorized agency as\\ndefined in section three hundred seventy-one of this chapter shall also\\nbe authorized to provide temporary care for persons over age twenty-one\\nwho meet the requirements of section 7.37-a or 13.37-a of the mental\\nhygiene law or on whose behalf temporary payments are being made\\npursuant to section 7.38 or 13.38 of the mental hygiene law, who were in\\nthe care of the authorized agency at the time of their twenty-first\\nbirthday, and who have remained continuously in the care of the\\nauthorized agency since their twenty-first birthday. Notwithstanding\\nany inconsistent provision of law, in any case where an individual\\nreceiving transitional funding is about to be transferred from a child\\ncare facility to an adult placement, a transfer plan shall be prepared\\nby the sending facility and forwarded to the receiving facility and the\\nindividual, and, unless the individual objects, the parents, guardian or\\nother family members prior to the transfer. The transfer plan shall\\ninclude any information necessary to facilitate a safe transfer, such as\\nspecific problems, schedule for administering medications and behavior\\nunique to the individual.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A9-A", "title" : "Berkshire Industrial Farm Title", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-A", "activeDate" : "2014-09-22", "sequenceNo" : 731, "repealedDate" : null, "fromSection" : "472-E", "toSection" : "472-Q", "text" : " ARTICLE 9-A\\n Berkshire Industrial Farm\\nTitle 2. Berkshire Industrial Farm (Secs. 472-e-472-q).\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A9-AT2", "title" : "Berkshire Industrial Farm", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 732, "repealedDate" : null, "fromSection" : "472-E", "toSection" : "472-Q", "text" : " TITLE 2\\n BERKSHIRE INDUSTRIAL FARM\\nSection 472-e. Institution continued; powers.\\n 472-f. Objects of corporation.\\n 472-g. Board of directors.\\n 472-h. Election of directors.\\n 472-i. Quorum to do business.\\n 472-j. Custody of children, how acquired; notice to corporation.\\n 472-k. Placement of children in care of corporation; effect of\\n placement.\\n 472-l. Transfer of certain children by agencies.\\n 472-m. Power of corporation as to children in its care;\\n corporation to act as guardian.\\n 472-n. Statements as to age.\\n 472-o. Reports.\\n 472-p. Property exempt from taxation.\\n 472-q. Powers and liabilities.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-E", "title" : "Institution continued; powers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-E", "activeDate" : "2014-09-22", "sequenceNo" : 733, "repealedDate" : null, "fromSection" : "472-E", "toSection" : "472-E", "text" : " § 472-e. Institution continued; powers. The body corporate known\\nprior to August twenty-fifth, eighteen hundred and ninety-six, by the\\nname of the \"Burnham Industrial Farm,\" the name of which was, on that\\nday, changed to \"Berkshire Industrial Farm,\" which corporation was\\ncontinued by the former provisions of this section, taking effect\\nFebruary seventeenth, nineteen hundred and nine, under the name and\\nstyle of \"Burnham Industrial Farm,\" and thereafter continued as the\\n\"Berkshire Industrial Farm\" by section three of chapter six hundred\\nnineteen of the laws of nineteen hundred forty until March first,\\nnineteen hundred fifty-nine, when its name was changed to \"Berkshire\\nFarm for Boys\" by chapter thirty-five of the laws of nineteen hundred\\nfifty-nine and thereafter continued as the \"Berkshire Farm for Boys,\" is\\nhereby changed and shall be known as \"Berkshire Farm Center and Services\\nfor Youth\", and by the latter name shall have power to take by gift,\\nlease, purchase, devise or bequest real and personal property and hold\\nthe same for the proper uses and purposes of said corporation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-F", "title" : "Objects of corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-F", "activeDate" : "2014-09-22", "sequenceNo" : 734, "repealedDate" : null, "fromSection" : "472-F", "toSection" : "472-F", "text" : " § 472-f. Objects of corporation. The objects of this corporation\\nshall be to receive and take charge of such children as may legally come\\ninto its custody and care, and to provide for their support, education\\nand training.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-G", "title" : "Board of directors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-G", "activeDate" : "2014-09-22", "sequenceNo" : 735, "repealedDate" : null, "fromSection" : "472-G", "toSection" : "472-G", "text" : " § 472-g. Board of directors. The property and concerns of the\\ncorporation shall be managed by a board of not over twenty-five and not\\nless than ten directors, who shall receive no compensation. The number\\nof directors to be chosen within the maximum and minimum limit shall be\\ndetermined in the manner prescribed by the by-laws. At least four in\\nnumber of the directors shall be elected annually on the first day of\\nMay of each year, but they shall hold office until their successors are\\nelected. The board of directors in office on April first, nineteen\\nhundred forty-nine, is continued in office until their successors are\\nchosen.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-H", "title" : "Election of directors", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-H", "activeDate" : "2014-09-22", "sequenceNo" : 736, "repealedDate" : null, "fromSection" : "472-H", "toSection" : "472-H", "text" : " § 472-h. Election of directors. On the first day of May in each year\\nat least four in number of the board of directors shall be elected by\\nthe corporation in such manner and place as the by-laws shall direct,\\nbut if no election is held on any such day the election may be held on\\nany subsequent day, and any vacancies occurring otherwise than by the\\nexpiration of a regular term may be filled for the balance of such term\\nin accordance with the by-laws of this corporation and by the votes of a\\nmajority of the directors then in office.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-I", "title" : "Quorum to do business", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-I", "activeDate" : "2014-09-22", "sequenceNo" : 737, "repealedDate" : null, "fromSection" : "472-I", "toSection" : "472-I", "text" : " § 472-i. Quorum to do business. Five members of the board shall be a\\nquorum provided however in the case where the then current board of\\ndirectors is more than fifteen members then six members of the board\\nshall be a quorum, and the board may delegate its powers, during the\\ninterval between its meetings, to an executive committee of its own\\nmembers, whose minutes shall be kept as provided by the by-laws, and\\nshall be reported for approval to all stated meetings of the board; but\\nno purchase or conveyance of real estate shall be made unless by the\\nconcurrence of a majority of the whole board.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-J", "title" : "Custody of children, how acquired; notice to corporation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-J", "activeDate" : "2014-09-22", "sequenceNo" : 738, "repealedDate" : null, "fromSection" : "472-J", "toSection" : "472-J", "text" : " § 472-j. Custody of children, how acquired; notice to corporation.\\nThe corporation shall be deemed to have acquired lawful care and custody\\nof any child between the ages of six and eighteen years who shall have\\nbeen surrendered to it by its parent or guardian; provided that such\\nsurrender is evidenced by a writing executed by such parent or guardian\\nsetting forth the name and age of the child, the date of surrender, and\\nthe term for which such surrender is made, and expressly vesting in the\\ncorporation all the powers and control over the child of which such\\nparent or guardian was possessed; provided that no such surrender shall\\nbe made except upon five days' previous notice of the intention to make\\nsuch surrender in writing, by the parent or guardian of the child to the\\nsaid corporation or its agents.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-K", "title" : "Placement of children in care of corporation; effect of placement", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-K", "activeDate" : "2014-09-22", "sequenceNo" : 739, "repealedDate" : null, "fromSection" : "472-K", "toSection" : "472-K", "text" : " § 472-k. Placement of children in care of corporation; effect of\\nplacement. The family court may commit or place in said corporation,\\nwith its consent, any child adjudicated to be a juvenile delinquent or a\\nperson in need of supervision. Such commitment or placement in said\\ncorporation shall be to the custody and control thereof for the period\\nprovided in the order of commitment or placement.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-L", "title" : "Transfer of certain children by agencies", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-L", "activeDate" : "2014-09-22", "sequenceNo" : 740, "repealedDate" : null, "fromSection" : "472-L", "toSection" : "472-L", "text" : " § 472-l. Transfer of certain children by agencies. The corporate\\nauthorities of any agency now or hereafter having the lawful custody and\\ncare of any child not less than six years of age, and not awaiting trial\\nnor under sentence for a term of years for crime, may, with the consent\\nof said corporation, transfer and assign such custody and care to this\\ncorporation upon such terms as the directors of such institution and\\nsaid corporation may agree.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-M", "title" : "Power of corporation as to children in its care; corporation to act as guardian", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-M", "activeDate" : "2014-09-22", "sequenceNo" : 741, "repealedDate" : null, "fromSection" : "472-M", "toSection" : "472-M", "text" : " § 472-m. Power of corporation as to children in its care; corporation\\nto act as guardian. Said corporation shall have the custody and control\\nof all children surrendered, committed, placed or transferred to it\\nunder sections four hundred seventy-two-j to four hundred seventy-two-l,\\nand shall have authority by its officers or agents to restrain and\\ndirect them, to assign them to suitable employments, to determine their\\nhours of labor, study and rest, to care for their sustenance and health,\\nand to instruct them in useful knowledge; and shall have power to place\\nsuch children in suitable homes where they may be adopted into families\\nor taken on trial or for a limited time, or to place such children in\\ngroup homes or group residences operated by the corporation or by other\\nagencies; or, in its discretion, to return them to their former home or\\ntheir parents or guardians under the supervision and guidance of the\\ncorporation. And said corporation may, with the consent of any other\\nagency authorized by law to take the custody and control of children,\\ntransfer to such other agency the custody and control of any child\\nwhenever such transfer is deemed by said corporation to be necessary and\\nproper for the welfare of such child or for the discipline or protection\\nof other children in its charge, provided that there be first obtained\\nfrom a judge of a court of record an order of approval of such\\ntransfer.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-N", "title" : "Statements as to age", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-N", "activeDate" : "2014-09-22", "sequenceNo" : 742, "repealedDate" : null, "fromSection" : "472-N", "toSection" : "472-N", "text" : " § 472-n. Statements as to age. In all cases under this article where\\nchildren shall come under the care, custody or control of said\\ncorporation, the age of such children shall, so far as said corporation\\nis concerned, be prima facie deemed and taken to be correct as stated in\\nthe written surrender of the parent or guardian, or the order of\\nplacement or commitment by a family court, or in the transfer or\\nplacement by any agency at the time of placement, admission or\\ncommitment.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-O", "title" : "Reports", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-O", "activeDate" : "2014-09-22", "sequenceNo" : 743, "repealedDate" : null, "fromSection" : "472-O", "toSection" : "472-O", "text" : " § 472-o. Reports. The said corporation shall annually, on or before\\nthe fifteenth day of January, report to the legislature the number and\\nnames of the children in its custody or under its guardianship, their\\nage, residence, occupation, state of education, together with the\\nchanges in these particulars during the preceding year; the receipts and\\nexpenditures and the financial condition of the corporation, and an\\naccount of its general operations.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-P", "title" : "Property exempt from taxation", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-P", "activeDate" : "2014-09-22", "sequenceNo" : 744, "repealedDate" : null, "fromSection" : "472-P", "toSection" : "472-P", "text" : " § 472-p. Property exempt from taxation. So long as the property of\\nsaid corporation shall be used for charitable purposes only, such\\nproperty, both real and personal, shall be exempt from taxation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "472-Q", "title" : "Powers and liabilities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "472-Q", "activeDate" : "2014-09-22", "sequenceNo" : 745, "repealedDate" : null, "fromSection" : "472-Q", "toSection" : "472-Q", "text" : " § 472-q. Powers and liabilities. Said corporation shall possess the\\ngeneral powers and be subject to the general restrictions and\\nliabilities of incorporated charitable institutions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 13 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A9-B", "title" : "Adult Protective Services", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "9-B", "activeDate" : "2014-09-22", "sequenceNo" : 746, "repealedDate" : null, "fromSection" : "473", "toSection" : "473-E", "text" : " ARTICLE 9-B\\n ADULT PROTECTIVE SERVICES\\nTitle 1. Protective services (Sec. 473).\\n 2. Short-term involuntary protective services orders (Secs.\\n 473-a--473-c).\\n 3. Community guardianship (Sec. 473-d--473-e).\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A9-BT1", "title" : "Protective Services", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "1", "activeDate" : "2014-09-22", "sequenceNo" : 747, "repealedDate" : null, "fromSection" : "473", "toSection" : "473", "text" : " TITLE 1\\n PROTECTIVE SERVICES\\nSection 473. Protective services.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "473", "title" : "Protective services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "473", "activeDate" : "2014-09-22", "sequenceNo" : 748, "repealedDate" : null, "fromSection" : "473", "toSection" : "473", "text" : " § 473. Protective services. 1. In addition to services provided by\\nsocial services officials pursuant to other provisions of this chapter,\\nsuch officials shall provide protective services in accordance with\\nfederal and state regulations to or for individuals without regard to\\nincome who, because of mental or physical impairments, are unable to\\nmanage their own resources, carry out the activities of daily living, or\\nprotect themselves from physical abuse, sexual abuse, emotional abuse,\\nactive, passive or self neglect, financial exploitation or other\\nhazardous situations without assistance from others and have no one\\navailable who is willing and able to assist them responsibly. Such\\nservices shall include:\\n (a) receiving and investigating reports of seriously impaired\\nindividuals who may be in need of protection;\\n (b) arranging for medical and psychiatric services to evaluate and\\nwhenever possible to safeguard and improve the circumstances of those\\nwith serious impairments;\\n (c) arranging, when necessary, for commitment, guardianship, or other\\nprotective placement of such individuals either directly or through\\nreferral to another appropriate agency, provided, however, that where\\npossible, the least restrictive of these measures shall be employed\\nbefore more restrictive controls are imposed;\\n (d) providing services to assist such individuals to move from\\nsituations which are, or are likely to become, hazardous to their health\\nand well-being;\\n (e) cooperating and planning with the courts as necessary on behalf of\\nindividuals with serious mental impairments; and\\n (f) other protective services for adults included in the regulations\\nof the department.\\n 2. (a) In that the effective delivery of protective services for\\nadults requires a network of professional consultants and services\\nproviders, local social services districts shall plan with other public,\\nprivate and voluntary agencies including but not limited to health,\\nmental health, aging, legal and law enforcement agencies, for the\\npurpose of assuring maximum local understanding, coordination and\\ncooperative action in the provision of appropriate services.\\n (b) Each social services district shall prepare, with the approval of\\nthe chief executive officer, or the legislative body in those counties\\nwithout a chief executive officer, after consultation with appropriate\\npublic, private and voluntary agencies, a district-wide plan for the\\nprovision of adult protective services which shall be a component of the\\ndistrict's multi-year consolidated services plan as required in section\\nthirty-four-a of this chapter. This plan shall describe the local\\nimplementation of this section including the organization, staffing,\\nmode of operations and financing of the adult protective services as\\nwell as the provisions made for purchase of services, inter-agency\\nrelations, inter-agency agreements, service referral mechanisms, and\\nlocus of responsibility for cases with multi-agency services needs.\\nCommencing the year following preparation of a multi-year consolidated\\nservices plan, each local district shall prepare annual implementation\\nreports including information related to its adult protective services\\nplan as required in section thirty-four-a of the social services law.\\n (c) Each social services district shall submit the adult protective\\nservices plan to the department as a component of its multi-year\\nconsolidated services plan and subsequent thereto as a component of its\\nannual implementation reports and the department shall review and\\napprove the proposed plan and reports in accordance with the procedures\\nset forth in section thirty-four-a of this chapter.\\n 3. Any social services official or his designee authorized or required\\nto determine the need for and/or provide or arrange for the provision of\\nprotective services to adults in accordance with the provision of this\\nsection, shall have immunity from any civil liability that might\\notherwise result by reason of providing such services, provided such\\nofficial or his designee was acting in the discharge of his duties and\\nwithin the scope of his employment, and that such liability did not\\nresult from the willfull act or gross negligence of such official or his\\ndesignee.\\n 4. For the purpose of developing improved methods for the delivery of\\nprotective services for adults, the department with the approval of the\\ndirector of the budget, shall authorize a maximum of five demonstration\\nprojects in selected social services districts. Such projects may serve\\na social services district, part of a district or more than one\\ndistrict. These demonstration projects shall seek to determine the most\\neffective methods of providing the financial management component of\\nprotective services for adults. These methods shall include but not be\\nlimited to: having a social services district directly provide financial\\nmanagement services; having a social services district contract with\\nanother public and/or private agency for the provision of such services;\\nutilizing relatives and/or friends to provide such services under the\\ndirection of a social services district or another public and/or private\\nagency and establishing a separate public office to provide financial\\nmanagement services for indigent persons. The duration of these projects\\nshall not exceed eighteen months. Furthermore, local social services\\ndistricts shall not be responsible for any part of the cost of these\\ndemonstration projects which would not have otherwise accrued in the\\nprovision of protective services for adults. The total amount of state\\nfunds available for such financial management services demonstration\\nprojects, exclusive of any federal funds shall not exceed three hundred\\nthousand dollars. The commissioner shall require that a final\\nindependent evaluation by a not-for-profit corporation be made of the\\ndemonstration projects approved and conducted hereunder, and shall\\nprovide copies of such report to the governor and the legislature.\\n 5. Whenever a social services official, or his or her designee\\nauthorized or required to determine the need for, or to provide or\\narrange for the provision of protective services to adults in accordance\\nwith the provisions of this title has a reason to believe that a\\ncriminal offense has been committed, as defined in the penal law,\\nagainst a person for whom the need for such services is being determined\\nor to whom such services are being provided or arranged, the social\\nservices official or his or her designee must report this information to\\nthe appropriate police or sheriff's department and the district\\nattorney's office when such office has requested such information be\\nreported by a social services official or his or her designee.\\n 6. Definitions. When used in this title unless otherwise expressly\\nstated or unless the context or subject matter requires a different\\ninterpretation:\\n (a) \"Physical abuse\" means the non-accidental use of force that\\nresults in bodily injury, pain or impairment, including but not limited\\nto, being slapped, burned, cut, bruised or improperly physically\\nrestrained.\\n (b) \"Sexual abuse\" means non-consensual sexual contact of any kind,\\nincluding but not limited to, forcing sexual contact or forcing sex with\\na third party.\\n (c) \"Emotional abuse\" means willful infliction of mental or emotional\\nanguish by threat, humiliation, intimidation or other abusive conduct,\\nincluding but not limited to, frightening or isolating an adult.\\n (d) \"Active neglect\" means willful failure by the caregiver to fulfill\\nthe care-taking functions and responsibilities assumed by the caregiver,\\nincluding but not limited to, abandonment, willful deprivation of food,\\nwater, heat, clean clothing and bedding, eyeglasses or dentures, or\\nhealth related services.\\n (e) \"Passive neglect\" means non-willful failure of a caregiver to\\nfulfill care-taking functions and responsibilities assumed by the\\ncaregiver, including but not limited to, abandonment or denial of food\\nor health related services because of inadequate caregiver knowledge,\\ninfirmity, or disputing the value of prescribed services.\\n (f) \"Self neglect\" means an adult's inability, due to physical and/or\\nmental impairments to perform tasks essential to caring for oneself,\\nincluding but not limited to, providing essential food, clothing,\\nshelter and medical care; obtaining goods and services necessary to\\nmaintain physical health, mental health, emotional well-being and\\ngeneral safety; or managing financial affairs.\\n (g) \"Financial exploitation\" means improper use of an adult's funds,\\nproperty or resources by another individual, including but not limited\\nto, fraud, false pretenses, embezzlement, conspiracy, forgery,\\nfalsifying records, coerced property transfers or denial of access to\\nassets.\\n 7. Notwithstanding any other provision of law, for the purposes of\\nthis article an Indian tribe that has entered into an agreement with the\\noffice of children and family services pursuant to section thirty-nine\\nof this chapter, which includes the provision of adult services by such\\nIndian tribe, shall have the duties, responsibilities and powers of a\\nsocial services district or a social services official for the purpose\\nof providing adult protective services.\\n 8. The office of children and family services shall create and keep\\ncurrent best practice guidelines for the provision of adult protective\\nservices pursuant to this article. Such guidelines shall be distributed\\nfor use to local social services districts, and posted on such office's\\nwebsite, and shall include, but not be limited to, the procedures for:\\n (a) reviewing any previous child or adult protective involvement;\\n (b) assessing and identifying abuse and neglect of persons believed to\\nbe in need of protective services;\\n (c) interviewing persons believed to be in need of protective services\\nand their caretakers;\\n (d) reviewing when it is appropriate to seek a warrant to gain access\\nto persons believed to be in need of protective services;\\n (e) identifying and making referrals for appropriate services; and\\n (f) communicating the rights of persons believed to be eligible for\\nprotective services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 1 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A9-BT2", "title" : "Short-term Involuntary Protective Services Orders", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "2", "activeDate" : "2014-09-22", "sequenceNo" : 749, "repealedDate" : null, "fromSection" : "473-A", "toSection" : "473-C", "text" : " TITLE 2\\n SHORT-TERM INVOLUNTARY PROTECTIVE SERVICES ORDERS\\nSection 473-a. Short-term involuntary protective services orders.\\n 473-b. Reporting of endangered adults; persons in need of\\n protective services.\\n 473-c. An order to gain access to persons believed to be in need\\n of protective services for adults.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "473-A", "title" : "Short-term involuntary protective services orders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "473-A", "activeDate" : "2014-09-22", "sequenceNo" : 750, "repealedDate" : null, "fromSection" : "473-A", "toSection" : "473-A", "text" : " § 473-a. Short-term involuntary protective services orders. 1.\\nDefinitions. When used in this section unless otherwise expressly stated\\nor unless the context or subject matter requires a different\\ninterpretation:\\n (a) \"endangered adult\" means a person, age eighteen or over who is:\\n (i) in a situation or condition which poses an imminent risk of death\\nor imminent risk of serious physical harm to him or her, and\\n (ii) lacking capacity to comprehend the nature and consequences of\\nremaining in that situation or condition, provided that:\\n a. refusal by the adult to accept protective services shall not in\\nitself be sufficient evidence of such lack of capacity; and\\n b. mental illness shall not in itself be sufficient evidence of such\\nlack of capacity.\\n (b) \"short-term involuntary protective services\" means those services\\nset forth in section four hundred seventy-three of this article which\\nare provided involuntarily pursuant to the procedures established by\\nthis title.\\n (c) \"petitioner\" means a social services official initiating a\\nproceeding pursuant to this title.\\n (d) \"respondent\" means an allegedly endangered adult.\\n 2. Jurisdiction. The supreme court and the county court shall each\\nhave jurisdiction over the special proceeding commenced pursuant to the\\nprovisions of this title.\\n 3. Venue. A petition for the provision of short-term involuntary\\nprotective services shall be made to:\\n (a) a term of the supreme court:\\n (i) held in the county in which the allegedly endangered adult resides\\nor is found; or\\n (ii) held in a county, within the same judicial district, adjacent to\\nthe county in which the allegedly endangered adult resides or is found;\\nor\\n (b) the county court:\\n (i) in the county in which the allegedly endangered adult resides or\\nis found; or\\n (ii) in a county adjacent to the county in which the allegedly\\nendangered adult resides or is found.\\n 4. Petition. (a) A special proceeding to obtain an order authorizing\\nthe provision of short-term involuntary protective services may only be\\ninitiated by a social services official.\\n (b) The petition shall state, insofar as the facts can be ascertained\\nwith reasonable diligence:\\n (i) the name, age and physical description of the allegedly endangered\\nadult; and\\n (ii) the address or other location where the allegedly endangered\\nadult can be found.\\n (c) The petition shall state facts showing:\\n (i) that the adult who is the subject of this petition is an\\nendangered adult as defined in paragraph (a) of subdivision one of this\\nsection;\\n (ii) the specific short-term involuntary protective services\\npetitioned for, how such services would remedy the situation or\\ncondition which poses an imminent risk of death or imminent risk of\\nserious physical harm to the allegedly endangered adult, and why such\\nservices are not overbroad as to extent or duration;\\n (iii) that the short-term involuntary protective services being\\napplied for are necessitated by the situation or condition described in\\nparagraph (a) of subdivision one of this section;\\n (iv) that other voluntary protective services have been tried and have\\nfailed to remedy the situation, and that a future, voluntary, less\\nrestrictive alternative would not be appropriate or would not be\\navailable;\\n (v) if a change in the allegedly endangered adult's physical location\\nis being applied for, that remedy of the dangerous situation or\\ncondition described in paragraph (a) of subdivision one of this section\\nis not appropriate in existing physical surroundings of the allegedly\\nendangered adult;\\n (vi) any inconsistency known to petitioner between the proposed\\nshort-term involuntary protective services and the allegedly endangered\\nadult's religious belief;\\n (vii) that if it reasonably appears that the allegedly endangered\\nadult does not understand the English language, that reasonable efforts\\nhave been made to communicate with the allegedly endangered adult in a\\nlanguage he or she understands;\\n (viii) that no prior application has been made for the relief\\nrequested or for any similar relief, or if prior application has been\\nmade, the determination thereof, and the new facts, if any, that were\\nnot previously shown which warrant a renewal of the application.\\n (d) The petition shall be verified. Any allegations which are not\\nbased upon personal knowledge shall be supported by affidavits provided\\nby a person or persons having such knowledge. Such affidavits shall be\\nattached to the petition.\\n 5. Commencement of proceedings. (a) A special proceeding to obtain an\\norder authorizing the provision of short-term involuntary protective\\nservices shall be commenced by an order to show cause, the petition and\\nsupporting affidavits, if any.\\n (b) The order to show cause shall set forth:\\n (i) in bold type, on its face, the following:\\n WARNING IF YOU DO NOT APPEAR IN COURT YOUR LIFE AND LIBERTY MAY BE\\n SERIOUSLY AFFECTED. FOR FREE INFORMATION CONCERNING YOUR LEGAL RIGHTS\\n CALL OR VISIT\\n (ii) the protective services to be provided if the petition is\\ngranted;\\n (iii) the date, place and time of the hearing to determine whether the\\npetition is to be granted;\\n (iv) that the respondent is entitled to counsel at all stages of the\\nproceeding, that upon granting the order to show cause, the court shall\\nassign counsel to assist the respondent, and that respondent is free at\\nany time to discharge the counsel assigned by the court. The name,\\naddress and telephone number of the assigned counsel shall be inserted\\nat the end of the warning referred to in subparagraph (i) of this\\nparagraph;\\n (v) that if the respondent or retained counsel does not appear at the\\nhearing to determine whether the petition is to be granted, the court\\nwill appoint a guardian ad litem;\\n (vi) that if the respondent discharges the assigned counsel prior to\\nthe hearing to determine if the petition is to be granted, such counsel\\nshall report this fact to the court no later than the commencement of\\nthe hearing, and shall appear at the hearing, unless otherwise relieved\\nby the court. In the event that neither the respondent nor his retained\\ncounsel appears at the hearing, the court may appoint the person\\npreviously assigned as counsel to act as the guardian ad litem; and\\n (vii) that a copy of the order to show cause, the petition, and\\nsupporting affidavits, if any, shall be served upon the respondent.\\n (c) Petitioner shall cause the order to show cause, the petition, and\\nsupporting affidavits, if any, to be delivered to the counsel assigned\\nby the court.\\n (d) The order to show cause shall be made returnable within\\nforty-eight hours following its issuance, unless such forty-eight hour\\nperiod ends on a day in which the court is not in session, in which case\\nthe return date shall be the first business day following issuance of\\nthe order to show cause.\\n 6. Service. (a) Service of the order to show cause, the petition, and\\nsupporting affidavits, if any, shall be made upon the respondent by any\\nof the methods permitted by section three hundred eight of the civil\\npractice law and rules. Notwithstanding any other provision of law to\\nthe contrary, Saturday and Sunday service is valid.\\n (b) The respondent shall be authorized to answer either orally or in\\nwriting.\\n 7. Hearing. (a) Upon the return date designated in the order to show\\ncause issued pursuant to subdivision five of this section a hearing\\nshall be held forthwith.\\n (b) The allegedly endangered adult shall be entitled to be present at\\nthe hearing.\\n (c) Adjournments shall be permitted only for good cause shown. In\\ngranting adjournments the court shall consider the need to provide\\nshort-term involuntary services expeditiously.\\n (d) At the conclusion of the hearing the court shall issue for the\\nrecord a statement of its findings of fact and conclusions of law.\\n 8. Preference. The special proceeding authorized by this title shall\\nhave preference over all other causes in all courts of appropriate\\njurisdiction.\\n 9. Findings. After a hearing, the court must find, in order to\\nauthorize the provision of short-term involuntary protective services,\\nthat all of the material allegations as specified in paragraph (c) of\\nsubdivision four of this section have been admitted or proven by clear\\nand convincing proof.\\n 10. Judgment. (a) The court, upon making the findings required by\\nsubdivision nine herein, shall direct the entry of a judgment\\nauthorizing the provision of short-term involuntary protective services\\nto an endangered adult.\\n (b) A judgment authorizing short-term involuntary protective services\\nto be provided to an endangered adult:\\n (i) shall prescribe those specific protective services, authorized by\\nsection four hundred seventy-three of this article, which are to be\\nprovided and what person or persons are authorized or ordered to provide\\nthem; and\\n (ii) shall not provide for any forcible entry unless the persons so\\nentering are accompanied by a peace officer, acting pursuant to his\\nspecial duties, or a police officer, who is a member of an authorized\\npolice department or force or of a sheriff's department;\\n (iii) shall require persons acting under subparagraphs (i) and (ii) of\\nthis paragraph to submit a written report to the court within one week\\nfollowing the commencement of the ordered protective services.\\n (c) The judgment may order any other public or law enforcement\\nofficial to render such assistance and cooperation as shall be within\\nhis legal authority, as may be required to further the objects of this\\ntitle.\\n (d) The judgment shall not order removal to a hospital, as that term\\nis defined in section 1.03 of the mental hygiene law.\\n (e) Issuance of the judgment shall not be evidence of the competency\\nor incompetency of the endangered adult.\\n (f) No order issued pursuant to this title shall extend for more than\\nseventy-two hours. An original order may be renewed once for up to\\nanother seventy-two hour period upon showing by the petitioner to the\\ncourt that continuation is necessary to remedy the original situation or\\ncondition. No further renewals shall be permitted.\\n (g) In no event shall the short-term involuntary services authorized\\nto be provided to an endangered adult by the judgment be broader than\\nthose which are necessary to remedy the situation or condition which\\nposes an imminent risk of death or imminent risk of serious physical\\nharm to the endangered adult.\\n (h) Notice of the judgment rendered by the court shall be given to the\\nrespondent personally, or if personal service is not possible in\\nwhatever other fashion the court shall prescribe.\\n 11. Appeals. Appeals arising from the issuance of judgments pursuant\\nto the provisions of this title shall be expedited.\\n 12. The assigned counsel and the guardian ad litem appointed by the\\ncourt pursuant to this title shall be reimbursed for their services\\npursuant to section thirty-five of the judiciary law.\\n 13. Nothing in this title precludes the simultaneous commencement of a\\nproceeding under this title and a proceeding under section 9.43 of the\\nmental hygiene law, or a proceeding under article seventy-seven or\\narticle seventy-eight of such law. A pending proceeding under section\\n9.43 of the mental hygiene law or under article seventy-seven or article\\nseventy-eight of the mental hygiene law does not preclude commencement\\nof a proceeding under this title.\\n 14. No existing right or remedy of any character shall be lost,\\nimpaired or affected by reason of this title.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "473-B", "title" : "Reporting of endangered adults; persons in need of protective services", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "473-B", "activeDate" : "2014-09-22", "sequenceNo" : 751, "repealedDate" : null, "fromSection" : "473-B", "toSection" : "473-B", "text" : " § 473-b. Reporting of endangered adults; persons in need of protective\\nservices. Any person who in good faith believes that a person eighteen\\nyears of age or older may be an endangered adult or in need of\\nprotective or other services, pursuant to this article, and who, based\\non such belief either:\\n (a) reports or refers such person to the department, office for the\\naging, or any local social services district office or designated area\\nagency on aging, law enforcement agency, or any other person, agency or\\norganization that such person, in good faith, believes will take\\nappropriate action; or\\n (b) testifies in any judicial or administrative proceeding arising\\nfrom such report or referral shall have immunity from any civil\\nliability that might otherwise result by reason of the act of making\\nsuch report or referral or of giving of such testimony.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "473-C", "title" : "An order to gain access to persons believed to be in need of protective services for adults", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "473-C", "activeDate" : "2014-09-22", "sequenceNo" : 752, "repealedDate" : null, "fromSection" : "473-C", "toSection" : "473-C", "text" : " § 473-c. An order to gain access to persons believed to be in need of\\nprotective services for adults. 1. A social services official may apply\\nto the supreme court or county court for an order to gain access to a\\nperson to assess whether such person is in need of protective services\\nfor adults in accordance with the provisions of section four hundred\\nseventy-three of this article when such official, having reasonable\\ncause to believe that such person may be in need of protective services,\\nis refused access by such person or another individual. A social\\nservices official who is refused access shall assess, in consultation\\nwith a person in a supervisory role, whether or not it is appropriate to\\napply for an order to gain access to such person. Such assessment must\\nbe made as soon as necessary under the circumstances, but no later than\\ntwenty-four hours after the investigating official is refused access.\\nThe determination of whether or not to apply for an order to gain access\\nand the reasons therefor shall be documented in the investigation file.\\nSuch application for an order to gain access shall state, insofar as the\\nfacts can be ascertained with reasonable diligence:\\n (a) the name and address of the person who may be in need of\\nprotective services for adults and the premises on which this person may\\nbe found;\\n (b) the reason the social services official believes the person may be\\nin need of protective services for adults, which may include information\\nprovided by other agencies or individuals who are familiar with the\\nperson who may be in need of protective services for adults;\\n (c) the person or persons who are responsible for preventing the\\nsocial services official from gaining access to the person who may be in\\nneed of protective services for adults;\\n (d) the efforts made by the social services official to gain access to\\nthe person who may be in need of protective services for adults;\\n (e) the names of any individuals, such as physicians or nurses, or\\nother health or mental health professionals qualified to participate in\\nthe assessment, who shall accompany and assist the social services\\nofficial conducting an assessment of the need of a person for protective\\nservices for adults;\\n (f) the manner in which the proposed assessment is to be conducted;\\n (g) that the social services official seeks an order solely for the\\npurpose of assessing the need of a person for protective services for\\nadults in accordance with the provisions of section four hundred\\nseventy-three of this article and applicable regulations of the\\ndepartment;\\n (h) that no prior application has been made for the relief requested\\nor for any similar relief, or if prior application has been made, the\\ndetermination thereof, and the new facts, if any, that were not\\npreviously shown which warrant a renewal of the application.\\n 2. Any allegations which are not based upon personal knowledge shall\\nbe supported by affidavits provided by a person or persons having such\\nknowledge. Such affidavits shall be attached to the application.\\n 3. The applications authorized in this section shall have preference\\nover all other causes in all courts of appropriate jurisdiction, except\\nthose with a similar statutory preference.\\n 4. If the court is satisfied that there is reasonable cause to believe\\nthat a person in need of protective services for adults may be found at\\nthe premises described in the application, that such person may be in\\nneed of protective services for adults, and that access to such person\\nhas been refused, it shall grant the application and issue an order\\nauthorizing the social services official and such other individuals as\\nmay be designated by the said official, accompanied by a police officer,\\nto enter the premises to conduct an assessment to determine whether the\\nperson named in the application is in need of protective services for\\nadults. The standard for proof and procedure for such an authorization\\nshall be the same as for a search warrant under the criminal procedure\\nlaw.\\n 5. The provisions of this section shall not be construed to authorize\\na social services official to remove any person from the premises\\ndescribed in the application, or to provide any involuntary protective\\nservices to any person other than to assess a person's need for\\nprotective services for adults. Nothing in this section shall be\\nconstrued to impair any existing right or remedy.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A9-BT3", "title" : "Community Guardianship", "docType" : "TITLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "3", "activeDate" : "2014-09-22", "sequenceNo" : 753, "repealedDate" : null, "fromSection" : "473-D", "toSection" : "473-E", "text" : " TITLE 3\\n COMMUNITY GUARDIANSHIP\\nSection 473-d. Community guardianship.\\n 473-e. Confidentiality of protective services for adults'\\n records.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "473-D", "title" : "Community guardianship", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-13" ], "docLevelId" : "473-D", "activeDate" : "2019-12-13", "sequenceNo" : 754, "repealedDate" : null, "fromSection" : "473-D", "toSection" : "473-D", "text" : " § 473-d. Community guardianship. 1. Definitions. When used in this\\nsection unless otherwise expressly stated or unless the context or\\nsubject matter requires a different interpretation:\\n (a) \"Community guardian program\" means a not-for-profit corporation\\nincorporated under the laws of the state of New York or a local\\ngovernmental agency which has contracted with or has an agreement with a\\nlocal social services official to provide conservatorship or\\ncommitteeship services to eligible persons as provided in this title.\\n (b) \"Hospital\" means a hospital as defined in subdivision one of\\nsection two thousand eight hundred one of the public health law, or a\\nhospital as defined in subdivision ten of section 1.03 of the mental\\nhygiene law.\\n (c) \"Residential facility\" means a facility licensed pursuant to\\narticle twenty-eight of the public health law, article nineteen,\\ntwenty-three, thirty-one or thirty-two of the mental hygiene law, or\\narticle seven of this chapter.\\n 2. A social services official may contract with a community guardian\\nprogram for the provision of conservatorship or committeeship services.\\nA social services official may bring a petition to appoint a community\\nguardian program as conservator or committee for a person only if the\\nperson is:\\n (a) eligible for and in receipt of adult protective services, as\\ndefined in section four hundred seventy-three of this chapter, at the\\ntime of the petition; and\\n (b) without a capable friend or relative or responsible agency willing\\nand able to serve as conservator or committee; and\\n (c) living outside of a hospital or residential facility, or living in\\na hospital or residential facility and appointment of the community\\nguardian program is part of a plan to return such person to the\\ncommunity.\\n 3. A contract or agreement between a local social services official\\nand a community guardian program shall require that:\\n (a) the community guardian program shall make its best efforts to\\nmaintain each person for whom the community guardian program is\\nappointed as conservator or committee in a place other than a hospital\\nor residential facility;\\n (b) the community guardian program shall petition the court to\\nrelinquish its duties as conservator or committee if a person for whom\\nthe community guardian program is appointed as conservator or committee\\nregains capacity or competence, or a capable friend or relative becomes\\navailable to serve as conservator or committee, or the person must enter\\na hospital or residential facility on a long-term basis;\\n (c) the community guardian program shall act on behalf of each person\\nfor whom the community guardian program is appointed as conservator or\\ncommittee to obtain such medical, social, mental health, legal and other\\nservices as are available and to which the person is entitled and as are\\nrequired for the person's safety and well-being and shall advocate for\\nall entitlements, public benefits, and services for which the person\\nqualifies and which the person requires;\\n (d) all remuneration awarded to the community guardian program by the\\ncourt from the estate of a person for whom the community guardian\\nprogram is appointed as conservator or committee shall be based upon the\\ncost of the community guardian program incurred in serving such person\\nor the fee that would otherwise be awarded by the court, whichever is\\nthe lesser, and paid over to the social services district;\\n (e) the files and records of the community guardian program shall be\\nopen to inspection to the local social services officials and the\\ndepartment;\\n (f) no director, officer or employee of the community guardian program\\nshall have a substantial interest in any corporation, organization or\\nentity that provides services to any person for whom the community\\nguardian program is conservator or committee;\\n (g) the community guardian program shall obtain annually a statement\\nprepared by a physician, psychologist, nurse clinician, or social\\nworker, or other person evaluating the condition and functional level of\\na person for whom the community guardian program serves as guardian\\npursuant to paragraph five of subdivision (b) of section 81.31 of the\\nmental hygiene law and the appointing court shall be informed of the\\nresults of such evaluation or examination and may discharge or modify\\nthe powers of the guardian pursuant to section 81.36 of the mental\\nhygiene law. The person conducting the evaluation pursuant to this\\nparagraph shall not be affiliated with a community guardian program and\\nshall be acting within their lawful scope of practice as established\\nunder the education law;\\n (h) persons hired by the community guardian program to provide\\nservices to a person for whom the community guardian program has been\\nnamed conservator or committee shall have expertise in one or more of\\nthe areas of mental health services, protective services, social\\nservices or home care services or appropriate experience.\\n 4. A local social services official shall not be relieved of any duty\\nto provide services to a person by reason of the operation of a\\ncommunity guardian program in the locality or by cessation of such\\nprogram in the locality.\\n 5. The department may promulgate rules and regulations necessary to\\nimplement this title.\\n 6. Expenditures made by a social services district, directly or\\nthrough purchase of services, in petitioning for or acting as a\\nconservator or committee, or made pursuant to contract for community\\nguardianship services in accordance with the provisions of this title,\\nshall be subject to reimbursement by the state, in accordance with\\nregulations of the department, in the amount of fifty per centum of such\\nexpenditures, after first deducting therefrom any federal funds properly\\nreceived or to be received on account thereof and any amounts received\\npursuant to paragraph (d) of subdivision three of this section.\\n 7. Nothing in this title shall lessen or eliminate the\\nresponsibilities and powers required by law of any agency, department,\\nor any subdivision thereof.\\n 8. On or before December thirty-first, nineteen hundred eighty-seven,\\nthe commissioner shall submit an interim report to the governor, the\\ntemporary president of the senate and the speaker of the assembly\\ndetailing progress and evaluating results of this program. On or before\\nDecember thirty-first, nineteen hundred eighty-eight, the commissioner\\nshall submit a final report to the governor, the temporary president of\\nthe senate and the speaker of the assembly on the effectiveness of this\\nact.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "473-E", "title" : "Confidentiality of protective services for adults' records", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "473-E", "activeDate" : "2022-07-29", "sequenceNo" : 755, "repealedDate" : null, "fromSection" : "473-E", "toSection" : "473-E", "text" : " § 473-e. Confidentiality of protective services for adults' records.\\n1. Definitions. When used in this section unless otherwise expressly\\nstated or unless the context or subject matter requires a different\\ninterpretation:\\n (a) \"Subject of a report\" means a person who is the subject of a\\nreferral or an application for protective services for adults, or who is\\nreceiving or has received protective services for adults from a social\\nservices district.\\n (b) \"Authorized representative of a subject of a report\" means (i) a\\nperson named in writing by a subject to be a subject's representative\\nfor purposes of requesting and receiving records under this article;\\nprovided, however, that the subject has contract capacity at the time of\\nthe writing or had executed a durable power of attorney at a time when\\nthe subject had such capacity, naming the authorized representative as\\nattorney-in-fact, and such document has not been revoked in accordance\\nwith applicable law; (ii) a person appointed by a court, or otherwise\\nauthorized in accordance with law to represent or act in the interests\\nof the subject; or (iii) legal counsel for the subject.\\n 2. Reports made pursuant to this article, as well as any other\\ninformation obtained, including but not limited to, the names of\\nreferral sources, written reports or photographs taken concerning such\\nreports in the possession of the department or a social services\\ndistrict, shall be confidential and, except to persons, officers and\\nagencies enumerated in paragraphs (a) through (g) of this subdivision,\\nshall only be released with the written permission of the person who is\\nthe subject of the report, or the subject's authorized representative,\\nexcept to the extent that there is a basis for non-disclosure of such\\ninformation pursuant to subdivision three of this section. Such reports\\nand information may be made available to:\\n (a) any person who is the subject of the report or such person's\\nauthorized representative;\\n (b) a provider of services to a current or former protective services\\nfor adults client, where a social services official, or his or her\\ndesignee determined that such information is necessary to determine the\\nneed for or to provide or to arrange for the provision of such services;\\n (c) a court, upon a finding that the information in the record is\\nnecessary for the use by a party in a criminal or civil action or the\\ndetermination of an issue before the court;\\n (d) a grand jury, upon a finding that the information in the record is\\nnecessary for the determination of charges before the grand jury;\\n (e) a district attorney, an assistant district attorney or\\ninvestigator employed in the office of a district attorney, a member of\\nthe division of state police, or a police officer employed by a city,\\ncounty, town or village police department or by a county sheriff when\\nsuch official requests such information stating that such information is\\nnecessary to conduct a criminal investigation or criminal prosecution of\\na person, that there is reasonable cause to believe that the criminal\\ninvestigation or criminal prosecution involves or otherwise affects a\\nperson who is the subject of a report, and that it is reasonable to\\nbelieve that due to the nature of the crime under investigation or\\nprosecution, such records may be related to the criminal investigation\\nor prosecution;\\n (f) a person named as a court-appointed evaluator or guardian in\\naccordance with article eighty-one of the mental hygiene law, or a\\nperson named as a guardian for individuals with developmental\\ndisabilities in accordance with article seventeen-A of the surrogate's\\ncourt procedure act; or\\n (g) any person considered entitled to such record in accordance with\\napplicable law.\\n 3. The commissioner or a social services official may withhold, in\\nwhole or in part, the release of any information in their possession\\nwhich he or she is otherwise authorized to release pursuant to\\nsubdivision two of this section, if such official finds that release of\\nsuch information would identify a person who made a referral or\\nsubmitted an application on behalf of a person for protective services\\nfor adults, or who cooperated in a subsequent investigation and\\nassessment conducted by a social services district to determine a\\nperson's need for such services and the official reasonably finds that\\nthe release of such information will be detrimental to the safety or\\ninterests of such person.\\n 4. Before releasing a record made pursuant to this article in the\\npossession of the department or a social services district, the\\nappropriate official must be satisfied that the confidential character\\nof the information will be maintained in accordance with applicable law,\\nand that the record will be used only for the purposes for which it was\\nmade available.\\n 5. In addition to the requirements of this section, any release of\\nconfidential HIV related information, as defined in section twenty-seven\\nhundred eighty of the public health law, shall comply with the\\nrequirements of article twenty-seven-F of the public health law.\\n 6. When a record made under this article is subpoenaed or sought\\npursuant to notice to permit discovery, a social services official may\\nmove to withdraw, quash, fix conditions or modify the subpoena, or to\\nmove for a protective order, as may be appropriate, in accordance with\\nthe applicable provisions of the criminal procedure law or the civil\\npractice law and rules, to (a) delete the identity of any persons who\\nmade a referral or submitted an application for protective services for\\nadults on behalf of an individual or who cooperated in a subsequent\\ninvestigation and assessment of the individual's needs for such\\nservices, or the agency, institution, organization, program or other\\nentity when such persons are employed, or with which such persons are\\nassociated, (b) withhold records the disclosure of which is likely to be\\ndetrimental to the safety or interests of such persons, or (c) otherwise\\nto object to release of all or a portion of the record on the basis that\\nrequested release of records is for a purpose not authorized under the\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 2 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A10", "title" : "General Provisions Applicable to Charitable Institutions", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10", "activeDate" : "2014-09-22", "sequenceNo" : 756, "repealedDate" : null, "fromSection" : "474", "toSection" : "480", "text" : " ARTICLE 10\\n GENERAL PROVISIONS APPLICABLE TO\\n CHARITABLE INSTITUTIONS\\nSection 474. Reports to supervisors of appointments and committals to\\n charitable institutions.\\n 475. Reports by officers of certain institutions to clerks of\\n supervisors and cities.\\n 476. Verified accounts against counties, cities and towns.\\n 477. Dutchess county.\\n 478. Investigation of complaints by boards of managers.\\n 479. Designation of depository of funds.\\n 480. Labor of children not to be hired out.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "474", "title" : "Reports to supervisors of appointments and committals to charitable institutions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "474", "activeDate" : "2014-09-22", "sequenceNo" : 757, "repealedDate" : null, "fromSection" : "474", "toSection" : "474", "text" : " § 474. Reports to supervisors of appointments and committals to\\ncharitable institutions. 1. Every judge, justice, superintendent or\\npublic welfare official or other person who is authorized by law to make\\nappointments or commitments to any state charitable institution, in\\nwhich the board, instruction, care or clothing is a charge against any\\ncounty, town or city, shall make a written report to the clerk of the\\nboard of supervisors of the county, or of the county in which any town\\nis situated, or to the city clerk of any city, which is liable for any\\nsuch board, instruction, care or clothing, within ten days after such\\nappointment or commitment, and shall therein state, when known, the\\nnationality, age, sex and residence of each person so appointed or\\ncommitted and the length of time of such appointment or commitment.\\n 2. This and the two following sections shall apply to each of the\\nasylums, reformatories, homes, retreats, penitentiaries, jails or other\\ninstitutions, except public homes, in each of the counties of this state\\nexcept the county of Kings, in which the board, instruction, care or\\nclothing of persons committed thereto is, or shall be, a charge against\\nany county or town therein.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "475", "title" : "Reports by officers of certain institutions to clerks of supervisors and cities", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "475", "activeDate" : "2014-09-22", "sequenceNo" : 758, "repealedDate" : null, "fromSection" : "475", "toSection" : "475", "text" : " § 475. Reports by officers of certain institutions to clerks of\\nsupervisors and cities. 1. The keeper, superintendent, secretary,\\ndirector or other proper officer of a state charitable institution to\\nwhich any person is committed or appointed, whose board, care,\\ninstruction, tuition or clothing shall be chargeable to any city, town\\nor county, shall make a written report to the clerk of such city or to\\nthe clerk of the board of supervisors of the county, or of the county in\\nwhich such town is situated, within ten days after receiving such person\\ntherein.\\n 2. Such report shall state when such person was received into the\\ninstitution, and, when known, the name, age, sex, nationality,\\nresidence, length of time of commitment or appointment, the name of the\\nofficer making the same, and the sum chargeable per week, month or year\\nfor such person.\\n 3. If any person so appointed or committed to any such institution\\nshall die, be removed or discharged, such officers shall immediately\\nreport to the clerk of the board of supervisors of the county, or of the\\ncounty in which such town is situated, or to the city clerk of the city\\nfrom which such person was committed or appointed, the date of such\\ndeath, removal or discharge.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "476", "title" : "Verified accounts against counties, cities and towns", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "476", "activeDate" : "2014-09-22", "sequenceNo" : 759, "repealedDate" : null, "fromSection" : "476", "toSection" : "476", "text" : " § 476. Verified accounts against counties, cities and towns. 1. The\\nofficers mentioned in the last section shall annually, on or before the\\nfifteenth day of October, present to the clerk of the board of\\nsupervisors of the county, or of the county in which such town is\\nsituated, or to the city clerk of a city from which any such person is\\ncommitted or appointed, a verified report and statement of the account\\nof such institution with such county, town or city, up to the first day\\nof October, and in case of a claim for clothing, an itemized statement\\nof the same; and if a part of the board, care, tuition or clothing has\\nbeen paid by any person or persons, the account shall show what sum has\\nbeen so paid; and the report shall show the name, age, sex, nationality\\nand residence of each person mentioned in the account, the name of the\\nofficer who made the appointment or commitment, and the date and length\\nof the same, and the time to which the account has been paid, and the\\namount claimed to such first day of October, the sum per week or per\\nannum charged, and if no part of such account has been paid, the report\\nshall show such fact.\\n 2. Any officer who shall refuse or neglect to make such report shall\\nnot be entitled to receive any compensation or pay for any services,\\nsalary or otherwise, from any town, city or county affected thereby.\\n 3. The clerk of the board of supervisors who shall receive any such\\nreport or account shall file and present the same to the board of\\nsupervisors of his county on the second day of the annual meeting of the\\nboard next after the receipt of the same.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "477", "title" : "Dutchess county", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2022-07-29" ], "docLevelId" : "477", "activeDate" : "2022-07-29", "sequenceNo" : 760, "repealedDate" : null, "fromSection" : "477", "toSection" : "477", "text" : " § 477. Dutchess county. 1. All mentally ill, developmentally disabled,\\nblind and deaf and mute persons, the expense of whose support and\\nmaintenance now is, or, under the laws of the state of New York, may\\nbecome a charge upon the city of Poughkeepsie, or the county of\\nDutchess, exclusive of said city, or both, and who are maintained, or\\nshall be maintained, in any of the institutions of the state of New\\nYork, shall be supported by said county of Dutchess as one district.\\n 2. All institutions in the state of New York maintaining any such\\nperson whose support is properly chargeable, or shall be properly\\nchargeable, to said city or county, are hereby required to render to the\\ncounty treasurer of said county all bills for the support of such\\npersons without any distinction between those persons from the different\\nparts of said county.\\n 3. This section shall not be held to affect chapter two hundred and\\neighty-six of the laws of eighteen hundred and sixty-three, an act for\\nthe better support of the poor in the city of Poughkeepsie, except as to\\nthe class of persons herein named.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "478", "title" : "Investigation of complaints by boards of managers", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "478", "activeDate" : "2014-09-22", "sequenceNo" : 761, "repealedDate" : null, "fromSection" : "478", "toSection" : "478", "text" : " § 478. Investigation of complaints by boards of managers. Whenever\\nthe managers, directors or trustees of any asylum, hospital or other\\ncharitable institution, the managers, directors or trustees of which are\\nappointed by the governor and senate, or by the legislature, shall deem\\nit necessary or proper to investigate and ascertain the truth of any\\ncharge or complaint made or circulated respecting the conduct of the\\nsuperintendent, assistants, subordinate officers or servants, in\\nwhatever capacity or duty employed by or under the official control of\\nany such managers, directors or trustees, it shall be lawful for the\\npresiding officer for the time being of any such managers, directors or\\ntrustees, to administer oaths to all witnesses coming before them\\nrespectively for examination, and to issue compulsory process for the\\nattendance of any witness within the state whom they may respectively\\ndesire to examine, and for the production of all papers that any such\\nwitness may possess, or have in his power, touching the matter of such\\ncomplaint or investigation; and wilful false swearing by any witness who\\nmay be so examined is hereby declared to be perjury. A subpoena issued\\nunder this section shall be regulated by the civil practice law and\\nrules.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "479", "title" : "Designation of depository of funds", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "479", "activeDate" : "2014-09-22", "sequenceNo" : 762, "repealedDate" : null, "fromSection" : "479", "toSection" : "479", "text" : " § 479. Designation of depository of funds. 1. It shall be the duty\\nof the board of trustees or managers of each charitable or benevolent\\ninstitution in this state, supported in whole or in part by moneys\\nreceived from the state, or by any county, city or town thereof, to\\ndesignate by resolution, to be entered upon their minutes, some duly\\nincorporated national or state bank or trust company as the depository\\nof the funds of such institution.\\n 2. After such designation, it shall be the duty of the treasurer of\\neach such charitable or benevolent institution immediately to deposit in\\nthe bank or trust company so designated, in his name as treasurer of the\\ninstitution, naming it, all funds of the institution which may come into\\nhis possession.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "480", "title" : "Labor of children not to be hired out", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-08-13" ], "docLevelId" : "480", "activeDate" : "2021-08-13", "sequenceNo" : 763, "repealedDate" : null, "fromSection" : "480", "toSection" : "480", "text" : " § 480. Labor of children not to be hired out. It shall be unlawful for\\nthe trustees or managers of any house of refuge, reformatory or other\\ncorrectional institution, to contract, hire, or let by the day, week or\\nmonth, or any longer period, the services or labor of any child or\\nchildren, now or hereafter committed to or incarcerated individual of\\nsuch institutions.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 7 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A10-A", "title" : "William B Hoyt Memorial Children and Family Trust Fund Act", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10-A", "activeDate" : "2014-09-22", "sequenceNo" : 764, "repealedDate" : null, "fromSection" : "481-A", "toSection" : "481-F", "text" : " ARTICLE 10-A\\n WILLIAM B. HOYT MEMORIAL CHILDREN AND FAMILY TRUST FUND ACT\\nSection 481-a. Legislative findings and purpose.\\n 481-b. Short title.\\n 481-c. Definitions.\\n 481-d. William B. Hoyt Memorial children and family trust fund\\n advisory board.\\n 481-e. William B. Hoyt Memorial children and family trust fund;\\n awarding of grants.\\n 481-f. William B. Hoyt Memorial children and family trust fund.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "481-A", "title" : "Legislative findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "481-A", "activeDate" : "2014-09-22", "sequenceNo" : 765, "repealedDate" : null, "fromSection" : "481-A", "toSection" : "481-A", "text" : " § 481-a. Legislative findings and purpose. For the past decade,\\nsociety has witnessed broad changes in family structure. These changes\\nhave created unique stresses on our children as well as on those who\\ncare for them. Among the most dire results of family stresses is the\\nincreasing frequency of child abuse and maltreatment, represented by a\\nsteady increase in reports of abuse and maltreatment to the statewide\\ncentral register of child abuse and maltreatment. Additionally nearly\\none-fifth of homicides, and an even larger proportion of assaults occur\\nwithin the home between members of families. Among the contributing\\ncauses of family violence are economic stress, social isolation, drug\\nand alcohol abuse, parental attitude regarding discipline and child\\nrearing, as well as acceptance of violence as a way of life. The\\nreported incidents of both adult domestic violence and child abuse and\\nmaltreatment ( including intergenerational family violence) represent\\nonly a portion of the total number of incidents in the pervasive and\\npersistent problem of family violence. The development and support of\\nprevention programs for child abuse and maltreatment and domestic\\nviolence (including intergenerational family violence) and services to\\nvictims of family violence is, therefore, of major importance to the\\nstate.\\n It is the intent of the legislature that the funds for the William B.\\nHoyt Memorial children and family trust fund shall be a new source of\\nfunding which shall increase the funds available for prevention and\\ntreatment services to victims of family violence. The legislature does\\nnot intend that these funds be used as a substitute for any funds\\ncurrently available from federal, state or local sources for the\\nprovision of prevention or treatment services to these victims.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "481-B", "title" : "Short title", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "481-B", "activeDate" : "2014-09-22", "sequenceNo" : 766, "repealedDate" : null, "fromSection" : "481-B", "toSection" : "481-B", "text" : " § 481-b. Short title. This article shall be known and may be cited as\\nthe \"William B. Hoyt Memorial children and family trust fund act\".\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "481-C", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "481-C", "activeDate" : "2014-09-22", "sequenceNo" : 767, "repealedDate" : null, "fromSection" : "481-C", "toSection" : "481-C", "text" : " § 481-c. Definitions. As used in this article:\\n 1. \"Domestic violence\" shall mean any crime or violation, as defined\\nin the penal law, which has been alleged to have been committed by any\\nfamily or household member against any member of the same family or\\nhousehold.\\n 2. \"Family or household members\" shall mean persons related by\\nconsanguinity or affinity or unrelated persons who are continually or at\\nregular intervals living or in the past continually or at regular\\nintervals lived in the same household, including victims and persons\\naccused of having committed acts of domestic violence.\\n 3. \"Child abuse and maltreatment\" shall have the same meaning as\\nprovided for in section four hundred twelve of this chapter.\\n 4. \"Public agency\" shall mean a local office, board, department,\\nbureau, commission, division, agency, other instrumentality of local\\ngovernment, or public or private educational institution.\\n 5. \"Family violence\" shall mean any act which would constitute\\ndomestic violence as defined in subdivision one of this section or any\\nact which would constitute child abuse and maltreatment as defined in\\nsubdivision three of this section.\\n 6. \"Primary prevention\" shall mean strengthening family functioning to\\ninsure that family violence never takes place or is less likely to\\noccur. Primary prevention shall include: educating family or household\\nmembers or prospective parents in order to avoid patterns which can lead\\nto family violence; increasing in-home services to new and prospective\\nparents; strengthening the relationships among community resources,\\nchild protective service units and citizen groups to promote and\\nencourage the development of family violence prevention programs;\\nincreasing the awareness of professionals and the public to the effects\\nof stress, social isolation and the lack of social and parenting skills\\nfor the purpose of making available programs deemed helpful for children\\nand adults; and any other program deemed helpful in the primary\\nprevention of family violence.\\n 7. \"Secondary prevention\" shall mean addressing the early signs of\\nfamily violence or risk of family violence through treatment of\\npresenting problems to prevent further problems from developing.\\nSecondary prevention shall include: providing supportive services and\\ntemporary shelter to family or household members who are considered at\\nrisk of family violence; strengthening self-help groups composed of\\nindividuals with a history of or at risk of family violence; increasing\\nin-home services to families at risk of violence; promoting and\\nencouraging the development of community resources for the treatment of,\\nand improving the response to family violence; providing information and\\nreferral services to resources and/or establishing linkages among\\nservices which are in the community; and any other program deemed\\nhelpful in the treatment of persons at risk of family violence.\\n 8. \"Family resource and support program\" shall mean a community-based,\\nprevention focused entity that:\\n (a) provides, through direct service, core services, including:\\n (1) parent education, support and leadership services, together with\\nservices characterized by relationships between parents and\\nprofessionals that are based on equality and respect, and designed to\\nassist parents in acquiring parenting skills, learning about child\\ndevelopment, and responding appropriately to the behavior of their\\nchildren;\\n (2) services to facilitate the ability of parents to serve as\\nresources to one another (such as through mutual support and parent\\nself-help groups);\\n (3) outreach services provided through voluntary home visits and other\\nmethods to assist parents in becoming aware of and able to participate\\nin family resources and support program activities;\\n (4) community and social services to assist families in obtaining\\ncommunity resources; and\\n (5) follow-up services;\\n (b) provides, or arranges for the provision of, other core services\\nthrough contracts or agreements with other local agencies, including all\\nforms of respite care services; and\\n (c) provides access to optional services, directly or by contract,\\npurchase of service, or interagency agreement, including:\\n (1) child care, early childhood development and early intervention\\nservices;\\n (2) referral to self-sufficiency and life management skills training;\\n (3) referral to education services, such as scholastic tutoring,\\nliteracy training, and general educational degree services;\\n (4) referral to services providing job readiness skills;\\n (5) child abuse and neglect prevention activities;\\n (6) referral to services that families with children with disabilities\\nor special needs may require;\\n (7) community and social service referral, including early\\ndevelopmental screening of children;\\n (8) peer counseling;\\n (9) referral for substance abuse counseling and treatment; and\\n (10) help line services.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "481-D", "title" : "William B", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "481-D", "activeDate" : "2014-09-22", "sequenceNo" : 768, "repealedDate" : null, "fromSection" : "481-D", "toSection" : "481-D", "text" : " § 481-d. William B. Hoyt Memorial children and family trust fund\\nadvisory board. 1. There is hereby established in the department, a\\nWilliam B. Hoyt Memorial children and family trust fund advisory board.\\nThe board shall meet regularly for the purpose of advising and making\\nrecommendations to the department in developing program standards\\nrelating to the establishment of family violence, including\\nintergenerational family violence, prevention and service programs,\\ndeveloping requests for proposals and evaluating the effectiveness of\\nfunded programs. The members of the board shall receive no compensation\\nfor their services, but shall be reimbursed for their actual and\\nnecessary expenses incurred during the performance of their duties.\\n 2. The board shall consist of thirteen members to be appointed by the\\ngovernor, two of whom shall be appointed upon the recommendation of the\\nspeaker of the assembly, one of whom shall be appointed upon the\\nrecommendation of the minority leader of the assembly, two of whom shall\\nbe appointed upon the recommendation of the temporary president of the\\nsenate, and one of whom shall be appointed upon the recommendation of\\nthe minority leader of the senate. Members of the board shall be\\nappointed for a term of three years. The governor shall designate one\\nmember to serve as chairman of the board. To the maximum extent possible\\nmembers shall be chosen to represent equally those knowledgeable in,\\nconcerned with or committed to the field of domestic violence and/or\\nchild abuse. Members of the board may be chosen from groups including\\nbut not limited to: local social services districts; local youth boards\\nor youth bureaus; child abuse and neglect task forces; statewide\\ncoalitions against domestic violence; alcoholism services; public\\nagencies, not-for-profit corporations and educational institutions\\nconcerned with or providing professional training in family violence and\\nchild welfare services; family violence self-help and advocacy groups;\\nthe legal, social work, mental health, medical, clergy, judicial and law\\nenforcement professions; groups dealing with services to the abused\\nelderly; other professionals that provide family violence services and\\nother concerned individuals or organizations, including parents or\\nguardians of children who were or are in receipt of services funded\\npursuant to this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "481-E", "title" : "William B", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-10-25" ], "docLevelId" : "481-E", "activeDate" : "2019-10-25", "sequenceNo" : 769, "repealedDate" : null, "fromSection" : "481-E", "toSection" : "481-E", "text" : " § 481-e. William B. Hoyt Memorial children and family trust fund;\\nawarding of grants. 1. The commissioner is hereby authorized to issue\\ngrants from funds credited to the William B. Hoyt Memorial children and\\nfamily trust fund as provided in section four hundred eighty-one-f of\\nthis article to public agencies or not-for-profit corporations for the\\npurpose of establishing or extending any or all of the following:\\n (a) primary prevention programs;\\n (b) secondary prevention programs;\\n (c) programs which provide services to victims of family violence,\\nsuch as establishing temporary shelters and other emergency services;\\nprograms which provide or facilitate counseling, or other appropriate\\nfollow-up services to victims and their family or household members; and\\nany other program deemed helpful in the treatment of victims of family\\nviolence.\\n 2. (a) Funds shall be awarded in the following manner: forty percent\\nfor local child abuse prevention or family resource and support\\nprograms, forty percent for local domestic violence prevention or\\nservice programs and twenty percent for regional or statewide family\\nviolence prevention programs; provided, however, that any unexpended\\nportion of such twenty percent as allocated shall be made available for\\nlocal family violence prevention programs and provided further, however,\\nthat in determining the eligibility of any regional or statewide family\\nviolence prevention program or of any local family violence prevention\\nprogram for any part of such unexpended portion, the commissioner shall\\ngive first consideration to those programs which combine both child\\nabuse prevention and domestic violence prevention.\\n (b) For a program which combines child abuse prevention and domestic\\nviolence prevention, the commissioner shall predetermine, to the extent\\nfeasible, the percentage of concentration for each within such program\\nand shall apportion the total amount awarded between such forty percent\\nallocation in the same proportion.\\n 3. No moneys from the fund established pursuant to section four\\nhundred eighty-one-f of this article shall be granted for services\\nmandated under this chapter. Funds awarded to not-for-profit\\ncorporations or public agencies pursuant to the provisions of\\nsubdivision one of this section shall not be used to supplant other\\nfederal, state or local funds.\\n 4. The commissioner, with the advice and recommendations of the\\nWilliam B. Hoyt Memorial children and family trust fund advisory board,\\nshall issue requests for proposals and specify methods to evaluate the\\neffectiveness of proposed programs. Such evaluation shall include but\\nnot be limited to the following:\\n (a) appropriate accounting and fiscal control procedures which shall\\ninclude the filing of an annual financial statement by each provider so\\nas to ensure the proper disbursement and accounting for funds received\\nby public agencies and not-for-profit corporations for services; and\\n (b) appropriate written records regarding the population served and\\ntype and extent of services rendered by the provider; and\\n (c) confidentiality standards in conformance with appropriate federal\\nand state standards so as to ensure the confidentiality of records of\\npersons receiving services; and\\n (d) nature and quality of services provided and impacts upon the\\npopulations and communities served.\\n 5. The commissioner shall solicit and shall select proposals for the\\nprovision of services funded pursuant to this act. Public agencies and\\nnot-for-profit corporations shall be eligible for purposes of\\napplication for grants provided for herein and subject to any rules and\\nregulations promulgated pursuant to subdivision four of this section.\\n 6. The commissioner, with the advice of the William B. Hoyt Memorial\\nchildren and family trust fund advisory board, shall publicize the\\navailability of funds to be used for purposes of this section. The\\ncommissioner shall request, on prescribed forms, information determined\\nto be necessary and relevant for the evaluation of each application. The\\ncommissioner may solicit comments on the applications from concerned\\nindividuals and agencies. Applications for local grants shall be\\nsubmitted to the local commissioner of social services and to the local\\nyouth bureau in the locality in which the program will operate and\\napplicants for local grants shall solicit comments on the application\\nfrom such local commissioner of social services and such local youth\\nbureau prior to submitting such application to the commissioner.\\nApplicants shall inform the local commissioner of social services and\\nthe local youth bureau that their comments upon the application may be\\nsubmitted either to the applicant or to the commissioner or to both. The\\ncommissioner shall give full consideration to any such comments received\\nwithin twenty-one days after the application deadline and shall review\\nthe applications in relation to relevant local plans before approving or\\ndisapproving such applications. The commissioner shall inform the local\\ncommissioner of social services and the local youth bureau of the final\\ndisposition of the applications. No grant award shall be for a period in\\nexcess of twelve months unless renewed by the commissioner, with the\\nadvice of the advisory board. The initial grant and the first year\\nrenewal, if any, shall not exceed one hundred percent of the cost of\\nproviding the service. The third year grant, if any, shall not exceed\\nseventy-five percent of the initial grant. The fourth year grant and any\\ngrant thereafter, if any, shall not exceed fifty percent of the initial\\ngrant. No program shall receive funding after the fourth year unless the\\ncommissioner, annually, finds that the program effectively prevents\\nfamily violence or provides a necessary service to victims of family\\nviolence.\\n 7. Pursuant to subdivision one of this section, the commissioner shall\\nensure that grants are awarded evenly across the state with\\nconsideration given to geographic areas with the greatest need and that\\npriority is given to programs:\\n (a) which are innovative; or\\n (b) of demonstrated effectiveness; and/or\\n (c) illustrates the capacity to coordinate with established community\\nprograms; and/or\\n (d) which can demonstrate a potential for future financial\\nself-sufficiency.\\n 8. The commissioner with the advice and recommendations of the William\\nB. Hoyt Memorial children and family trust fund advisory board shall\\nsubmit a report prior to the fifteenth day of December beginning in\\nnineteen hundred eighty-five and annually thereafter to the governor and\\nthe legislature regarding the implementation and evaluation of the\\neffectiveness of prevention and treatment services related to family\\nviolence. Prior to submitting such reports to the governor and the\\nlegislature, the commissioner shall permit the William B. Hoyt Memorial\\nchildren and family trust fund advisory board to review and comment upon\\nsuch reports. Such report shall include:\\n (a) the number of persons estimated to have been assisted in programs\\ncovered by this section;\\n (b) the number, recipients and amounts of grants to public agencies\\nand not-for-profit corporations;\\n (c) the amount of public and private funds used for approved programs\\nby service type;\\n (d) the amount of funds used for the administration of such services;\\n (e) a description of the nature and quality of services provided and\\nthe impact upon the populations and communities served and their\\npotential for being replicated elsewhere;\\n (f) a description of how the moneys of the fund collected pursuant to\\nsection six hundred thirty-g of the tax law were utilized during the\\npreceding calendar year, including information concerning:\\n (i) the amount of money disbursed from the fund and the distribution\\nprocess used for such disbursements;\\n (ii) recipients of the expenses from the fund;\\n (iii) the amount allotted to each;\\n (iv) the purposes for which such distributions were granted; and\\n (v) a summary financial plan for such monies which shall include\\nestimates of all receipts and all disbursements for the current and\\nsucceeding fiscal years; and\\n (g) all such other matters as may be necessary to inform the governor\\nand the legislature regarding the implementation and evaluation of the\\neffectiveness of programs covered by this section and the success of\\nsuch programs in accomplishing the intent of the legislature.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "481-F", "title" : "William B", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "481-F", "activeDate" : "2014-09-22", "sequenceNo" : 770, "repealedDate" : null, "fromSection" : "481-F", "toSection" : "481-F", "text" : " § 481-f. William B. Hoyt Memorial children and family trust fund. 1.\\nThere is hereby established in the joint custody of the comptroller and\\nthe commissioner of taxation and finance a separate and distinct\\naccount, to be known as the William B. Hoyt Memorial children and family\\ntrust fund. Such account shall be classified by the comptroller as an\\nexpendable trust. Such account shall consist of any moneys appropriated\\nto the department for the purposes of the programs authorized pursuant\\nto this article and funds from any other source, including but not\\nlimited to, federal funds, donations from private individuals,\\ncorporations or foundations, for the implementation of programs provided\\nfor in this article. All funds received by the comptroller on behalf of\\nthe William B. Hoyt Memorial children and family trust fund shall be\\ndeposited by the comptroller to the credit of the William B. Hoyt\\nMemorial children and family trust fund. Notwithstanding the provisions\\nof this subdivision, funds granted to the department pursuant to the\\nfederal child abuse prevention and treatment act shall not be deposited\\nto the credit of the William B. Hoyt Memorial children and family trust\\nfund.\\n 2. Donations from private individuals, corporations, or foundations\\ndeposited in the William B. Hoyt Memorial children and family trust\\nfund may be invested by the comptroller pursuant to the provisions of\\nsection ninety-eight-a of the state finance law. Any income from such\\ninvestments shall be deposited to the credit of the William B. Hoyt\\nMemorial children and family trust fund.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A10-B", "title" : "Statewide Settlement House Program", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "10-B", "activeDate" : "2014-09-22", "sequenceNo" : 771, "repealedDate" : null, "fromSection" : "482-A", "toSection" : "482-C", "text" : " ARTICLE 10-B\\n STATEWIDE SETTLEMENT HOUSE PROGRAM\\nSection 482-a. Legislative findings and purpose.\\n 482-b. Definitions.\\n 482-c. Statewide settlement house program; awarding of grants.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "482-A", "title" : "Legislative findings and purpose", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "482-A", "activeDate" : "2014-09-22", "sequenceNo" : 772, "repealedDate" : null, "fromSection" : "482-A", "toSection" : "482-A", "text" : " § 482-a. Legislative findings and purpose. The legislature finds that\\npublic policy experts and state and local agencies have been searching\\nfor a model of service delivery that will insure programmatically\\neffective and cost-efficient delivery of services to inner-city families\\nand neighborhoods, and that the emerging consensus is that the best\\nmodels provide comprehensive, coordinated, neighborhood-based and\\nfamily-focused services. The legislature further finds that New York\\nstate's existing network of fifty-eight settlement houses can contribute\\nto providing these comprehensive, coordinated, neighborhood-based and\\nfamily-focused services in a cost-effective manner, and that the\\ncapacity of these settlement houses to provide and enhance these\\nservices can be increased if the settlement houses are provided with\\nadditional resources to implement greater neighborhood outreach, to\\ndirect individuals and family members to appropriate settlement and\\ncommunity-based resources, to monitor the progress of these individuals,\\nand to plan and coordinate intra-agency and community services so that\\ncommunity residents have easy access to a range of services that respond\\nto the varied and often multiple needs of individuals and families.\\n It is the intent of the legislature to increase the funds available to\\nsettlement houses for the purpose of providing a comprehensive range of\\nservices to the residents of the neighborhoods they serve, and that\\nfunds provided pursuant to this article will be complemented by\\nprivately-raised contributions to the settlement-houses for the program\\nservices funded pursuant to this article. The legislature does not\\nintend that these funds be used as a substitute for any funds currently\\navailable from federal, state or local sources for the provision of\\nneighborhood-based service delivery programs provided by settlement\\nhouses.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "482-B", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "482-B", "activeDate" : "2014-09-22", "sequenceNo" : 773, "repealedDate" : null, "fromSection" : "482-B", "toSection" : "482-B", "text" : " § 482-b. Definitions. As used in this article:\\n 1. \"Settlement house\" means an independent, voluntary, not-for-profit\\norganization demonstrating affiliation with the New York state\\nassociation for settlement houses and neighborhood centers engaged in\\ncommunity work and social services delivery in a defined neighborhood in\\na municipality of the state of New York which provides comprehensive,\\ncoordinated, family-focused multi-generational human services such as\\nchild care, employment training, housing assistance counseling, youth\\ndevelopment, educational services, senior services and arts and cultural\\nactivities, based on the needs of the neighborhood or neighborhoods\\nserved and which:\\n (a) has been incorporated for at least three years;\\n (b) is qualified as a tax-exempt organization pursuant to section\\n501(c)(3) of the internal revenue code;\\n (c) provides services to all those who live in the neighborhood or\\nneighborhoods served without regard to race, creed, religious practice,\\ncolor, sex, age, national origin, economic status, disability, or\\naffectional preference;\\n (d) has an independent, autonomous board of directors which meets at\\nregular intervals, has full authority over the policies and operations\\nof the organization, and the membership of which includes community\\nresidents;\\n (e) employs appropriate staff including a position of chief executive\\nofficer;\\n (f) has a budget which is adopted on an annual basis by the board of\\ndirectors, utilizes an accepted accounting system, and has prepared an\\nannual fiscal audit by a certified public accountant not connected with\\nthe organization; and\\n (g) can demonstrate that one of its primary purposes is the\\nimprovement of the relationships among groups of different cultural,\\neconomic, religious, and social groups in the community through a\\nvariety of individual, group, and inter-group activities.\\n 2. \"Program services\" may include, but are not limited to, several of\\nthe following services:\\n (a) early childhood services, including child care, child development\\nservices, early child education and health information and referral for\\npre-school children;\\n (b) youth services, including teen centers and school-age programs\\nwhich provide recreation, homework assistance, preparation for\\nemployment, counseling and meals;\\n (c) education programs, including remedial education, tutoring,\\nhomework assistance and English language training;\\n (d) family programs, including home management, homemaker services,\\nparenting skills training, teen parent services and programs for\\nseniors;\\n (e) child welfare services including foster care and preventive\\nservices;\\n (f) employment programs, including summer youth employment apprentice\\nprograms, job training programs, and displaced homemaker programs;\\n (g) mental health services, including psychological and, where\\nappropriate, psychiatric group and individual evaluation and counseling;\\n (h) housing assistance.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "482-C", "title" : "Statewide settlement house program; awarding of grants", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "482-C", "activeDate" : "2014-09-22", "sequenceNo" : 774, "repealedDate" : null, "fromSection" : "482-C", "toSection" : "482-C", "text" : " § 482-c. Statewide settlement house program; awarding of grants. 1.\\nThe commissioner is hereby authorized to issue grants for the purpose of\\nenhancing and coordinating activities and programs, expanding programs\\nto serve more individuals and families, and/or promoting inter-agency\\ncoordination with other neighborhood organizations offering\\ncomplementary services.\\n 2. Funds awarded to settlement houses pursuant to the provisions of\\nsubdivision one of this section shall be used to supplement and not to\\nsupplant other federal, state or local funds.\\n 3. The commissioner shall issue requests for applications to all\\nsettlement houses and shall specify that applications include a\\ndescription of the nature of the services to be provided, a discussion\\nof the relatedness of the services to the purposes of a settlement house\\nas defined in section four hundred eighty-two-b of this article and an\\nestimate of the number and composition of clients to be served. Such\\napplications may include a discussion of plans to develop or enhance\\noutreach services to individuals and families, institute or augment\\nassessments of individual and family needs, coordinate services, develop\\nlinks with neighborhood organizations, develop employment inititatives,\\nmentoring programs and other cooperative programs with unions,\\nneighborhood businesses and community corporations, and identify sources\\nof private funding. Such applications shall also include at least the\\nfollowing:\\n (a) appropriate accounting and fiscal control procedures that assure\\nthat funds are expended in accordance with this article, including the\\nfiling of an annual financial statement by each provider; and\\n (b) appropriate written records regarding the number of individuals\\nand families served and the type and extent of services rendered by the\\nsettlement house.\\n 4. The commissioner shall solicit and select applications for the\\nprovision of programs and services funded pursuant to this article. It\\nis necessary that settlement houses receiving funding pursuant to this\\narticle demonstrate a plan to raise one dollar for each two dollars of\\nstate grants received. Subsequent year funding may be adjusted to\\nreflect prior years' experience.\\n 5. The commissioner may issue a request for applications to the extent\\nfunds are available on a multi-year basis.\\n 6. The commissioner shall make grants of up to fifty thousand dollars\\nto settlement houses following approval of an acceptable plan submitted\\npursuant to the request for applications so long as there are funds\\navailable. The commissioner shall notify the local social services\\ndistrict of a grant award to a settlement house in that district.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A10-C", "title" : "State Council On Children and Families", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2016-11-11", "2017-12-01", "2018-04-27", "2019-11-29" ], "docLevelId" : "10-C", "activeDate" : "2019-11-29", "sequenceNo" : 775, "repealedDate" : null, "fromSection" : "483", "toSection" : "483-H", "text" : " ARTICLE 10-C\\n STATE COUNCIL ON CHILDREN AND FAMILIES\\nSection 483. Council on children and families; chair.\\n 483-a. Utilization of other agency assistance.\\n 483-b. Powers and duties of council.\\n 483-c. Coordinated children's services for children with\\n emotional and/or behavioral disorders.\\n 483-d. Out-of-state placement committee.\\n 483-e. Restraint and crisis intervention technique committee.\\n 483-f. The children's plan.\\n 483-g. Early childhood advisory council.\\n 483-h. Internet mapping resource of school age child care\\n providers and afterschool and home visiting programs.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483", "title" : "Council on children and families; chair", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20", "2024-08-30" ], "docLevelId" : "483", "activeDate" : "2019-12-20", "sequenceNo" : 776, "repealedDate" : null, "fromSection" : "483", "toSection" : "483", "text" : " § 483. Council on children and families; chair. 1. There shall be a\\ncouncil on children and families established within the office of\\nchildren and family services consisting of the following members: the\\nstate commissioner of children and family services, the commissioner of\\ntemporary and disability assistance, the commissioner of mental health,\\nthe commissioner of the office for people with developmental\\ndisabilities, the commissioner of the office of alcoholism and substance\\nabuse services, the commissioner of education, the director of the\\noffice of probation and correctional alternatives, the commissioner of\\nhealth, the commissioner of the division of criminal justice services,\\nthe state advocate for persons with disabilities, the director of the\\noffice for the aging, the commissioner of labor, and the chair of the\\ncommission on quality of care for the mentally disabled. The governor\\nshall designate the chair of the council and the chief executive officer\\n(CEO).\\n 2. The chair of the council in consultation with the commissioner of\\nthe office of children and family services, shall designate staff from\\nthe office of children and family services to work full time in carrying\\nout the functions of the council.\\n 3. The council may conduct its meetings and, by and through the chair,\\nperform its powers and duties notwithstanding the absence of a quorum;\\nprovided, however that no action may be taken by the council without the\\nconcurrence of the chair.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-A", "title" : "Utilization of other agency assistance", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-08-30" ], "docLevelId" : "483-A", "activeDate" : "2014-09-22", "sequenceNo" : 777, "repealedDate" : null, "fromSection" : "483-A", "toSection" : "483-A", "text" : " § 483-a. Utilization of other agency assistance. To effectuate the\\npurposes of this article, any department, division, board, bureau,\\ncommission or agency of the state or of any political subdivision\\nthereof shall, at the request of the chair, provide to the council such\\nfacilities, assistance and data as will enable the council properly to\\ncarry out its powers and duties and those of the chair.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-B", "title" : "Powers and duties of council", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2024-08-30" ], "docLevelId" : "483-B", "activeDate" : "2014-09-22", "sequenceNo" : 778, "repealedDate" : null, "fromSection" : "483-B", "toSection" : "483-B", "text" : " § 483-b. Powers and duties of council. 1. As used in this section, the\\nterms \"care\", \"services\", \"programs\", and \"services programs\" shall mean\\nand include care, maintenance, services and programs provided to\\nchildren of the state and their families by or under the jurisdiction of\\na member agency. The term \"member agency\" shall mean an agency headed by\\na member of the council.\\n 2. The council shall have the following powers:\\n (a) to identify problems and deficiencies in residential care and\\ncommunity-based services programs and, on a selective basis, to plan and\\nmake recommendations to the governor for the remedy of such problems and\\ndeficiencies and for the development of programs of care and services\\nfor children and their families;\\n (b) to make recommendations to improve coordination of program and\\nfiscal resources of state-local, public-voluntary care and services to\\nchildren and their families;\\n (c) to coordinate program and management research of member agencies\\nfor the purpose of monitoring, evaluating or redirecting existing care\\nand services programs or developing new programs, and to conduct,\\nsponsor, or direct member agencies to undertake such research or other\\nactivities;\\n (d) to review and resolve differences, if any, concerning rules and\\nregulations of each member agency insofar as such rules and regulations\\nimpact on services programs provided by other member agencies;\\n (e) to promulgate, amend and rescind rules and regulations relating to\\nthe administration and performance of the powers and duties of the\\ncouncil pursuant to this article;\\n (f) to review significant state and locally operated and supported\\ncare and services, plans and proposals for new services for children and\\nfamilies to determine whether such services are planned, created and\\ndelivered in a coordinated, effective and comprehensive manner;\\n (g) to perform all other things necessary and convenient to carry out\\nthe functions, powers and duties of the council and to effectuate the\\npurposes of this article; and\\n (h) to accept and expend any grants, awards, or other funds or\\nappropriations as may be available to the council to effectuate the\\npurposes of this article, subject to the approval of the director of the\\nbudget.\\n 3. The council shall review the budget requests of member agencies\\ninsofar as such budgets jointly affect services programs for children\\nand their families and shall make comments and recommendations thereon\\nto the relevant member agencies and the governor.\\n 4. (a) The council shall meet on a regular basis to implement the\\npurposes of this article and to discuss and resolve disputes, including\\nbut not limited to disputes between member agencies, relating to their\\nfunctions, powers and duties over the provision of services to\\nparticular children and their families or to categories of children or\\nchild and family problems when all the internal statutory and\\nadministrative grievance or appeal procedures applicable to a member\\nagency have failed to finally resolve such dispute. The council shall\\ndirect each member agency to establish and maintain such grievance or\\nappeal procedures.\\n (b) The council shall direct member agencies to provide an evaluation,\\nincluding a diagnostic study, of a particular child and his or her\\nfamily when there is a dispute as to the appropriate agency or program\\nin which the child should be placed or from which the child and his or\\nher family should receive services, and, following such study, the\\ncouncil shall order placement of a child with a member agency, or with a\\nsocial services official, or order a member agency to provide or require\\nthe provision of services to the child and his or her family in a manner\\nconsistent with the legal authority of the member agency or social\\nservices official, as applicable.\\n (c) The council shall direct member agencies to take appropriate\\ndirect action or to exercise their supervisory powers over local\\nofficials and agencies, in the resolution of such disputes.\\n (d) The duty of the council to resolve disputes involving particular\\nchildren may be performed on a selective basis within the discretion of\\nthe council. Exercise of jurisdiction over such disputes by the council\\nor appeals to the council therefor shall not be required as a condition\\nprecedent to the initiation of a proceeding pursuant to article\\nseventy-eight of the civil practice law and rules.\\n (e) A dispute relative to which member agency shall have the\\nresponsibility for determining and recommending adult services pursuant\\nto sections 7.37 and 13.37 of the mental hygiene law, section three\\nhundred ninety-eight-c of the social services law, or subdivision ten of\\nsection forty-four hundred three of the education law shall be resolved\\nin accordance with this subdivision.\\n 5. (a) Notwithstanding any other provision of state law to the\\ncontrary, the council may request any member agency to submit to the\\ncouncil and such member agency shall submit, to the extent permitted by\\nfederal law, all information in the form and manner and at such times as\\nthe council may require that it is appropriate to the purposes and\\noperation of the council.\\n (b) The council shall protect the confidentiality of individual\\nidentifying information submitted to or provided by the council, and\\nprevent access thereto, by, or the distribution thereof to, persons not\\nauthorized by law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-C", "title" : "Coordinated children's services for children with emotional and/or behavioral disorders", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "483-C", "activeDate" : "2019-12-20", "sequenceNo" : 779, "repealedDate" : null, "fromSection" : "483-C", "toSection" : "483-C", "text" : " § 483-c. Coordinated children's services for children with emotional\\nand/or behavioral disorders. 1. Purpose. The purpose of this section\\nshall be to establish a coordinated system of care for children with\\nemotional and behavioral disorders, and their families, who require\\nassistance from multiple agency systems to appropriately maintain such\\nchildren with their families, in their communities and in their local\\nschool systems. Such system of care shall provide for the effective\\ncollaboration among state and local health, mental hygiene, education,\\njuvenile justice, probation of care and other human services agencies\\ndirected at improving outcomes for children with emotional and/or\\nbehavioral disorders and their families leading to full participation in\\ntheir communities and schools. This shall include children with\\nco-occurring disorders. The absence of coordinated care often results in\\ninappropriate and costly institutional placements and limited\\ncommunity-based services that support maintaining the child in the\\ncommunity. Establishing the coordinated children's services initiative\\nstatewide is intended to improve the manner in which services of\\nmultiple systems are delivered and to eliminate barriers to a\\ncoordinated system of care.\\n 2. Definitions. As used in this section:\\n (a) \"Child with an emotional and/or behavioral disorder\" shall mean a\\nperson under eighteen years of age, or a person under twenty-one years\\nof age who has not completed secondary school, who has a mental illness,\\nas defined in subdivision twenty of section 1.03 of the mental hygiene\\nlaw, or is classified as a student with a disability pursuant to article\\neighty-nine of the education law or section 504 of the federal\\nrehabilitation act, or is considered to have a serious emotional or\\nbehavioral problem, as considered by a tier I and/or tier II team\\nrepresentative pursuant to this section. Such term shall include\\nchildren with co-occurring disorders.\\n (b) \"Individualized family support plan\" shall mean a plan developed\\nin conjunction with the family through a strength-based child and family\\nassessment containing a summary of the strengths, needs and goals of a\\nchild with an emotional and/or behavioral disorder, and the services and\\nsupports agreed to by the child, family and the tier I team\\nrepresentatives.\\n (c) \"Family\" shall mean, when appropriate, a child with an emotional\\nand/or behavioral disorder, his or her parents or those in parental\\nrelationship to the child, blood relatives and extended family,\\nincluding non-relatives identified by the child and/or parents. Nothing\\nin this section shall be construed to deny the child, his or her parents\\nor those persons in parental relationship to the child of any rights\\nthey are otherwise entitled to by law.\\n (d) \"County\" shall mean a county, except in the case of a county that\\nis wholly included within a city, such term shall mean such city.\\n (e) \"Family support representative\" shall mean a volunteer who is also\\na parent or primary caregiver of a child with an emotional and/or\\nbehavioral disorder. The family support representative shall assist\\nfamilies throughout the process of developing and implementing an\\nindividualized family support plan as defined in this section.\\n 3. Interagency structure. (a) There shall be established a three\\ntiered interagency structure, as follows:\\n (i) State tier III team. There is hereby established a state team\\ndesignated as the \"tier III team\", which shall consist of the chair of\\nthe council, the commissioners of children and family services, mental\\nhealth, health, education, alcoholism and substance abuse services, and\\nthe office for people with developmental disabilities, and the director\\nof the office of probation and correctional alternatives, or their\\ndesignated representatives, and representatives of families of children\\nwith emotional and/or behavioral disorders. Other representatives may be\\nadded at the discretion of such team.\\n (ii) County tier II team. A county, or consortium of counties,\\nchoosing to participate in the coordinated children's services\\ninitiative shall establish an interagency team consisting of, but not\\nlimited to, the local commissioners or leadership assigned by the chief\\nelected official responsible for the local health, mental hygiene,\\njuvenile justice, probation and other human services systems. The\\neducation system shall be represented by the district superintendent of\\nthe board of cooperative educational services, or his or her designee,\\nand in the case of the city of New York, by the chancellor of the city\\nschool district of the city of New York, or his or her designee, and\\nappropriate local school district representatives as determined by the\\ndistrict superintendent of the board of cooperative educational services\\nor such chancellor. Such team shall be sensitive to issues of cultural\\ncompetence, and shall include representatives of families of children\\nwith an emotional and/or behavioral disorder. Regional state agency\\nrepresentatives may participate when requested by such team.\\n (iii) Family-based tier I team. Tier II teams, in cooperation with a\\nchild with an emotional and/or behavioral disorder and his or her\\nfamily, shall establish interagency teams to work with such child and\\nfamily to develop an individualized, strength-based family support plan\\nand coordinate interagency services agreed to in such plan. Such teams\\nshall include such child and family and, based on the needs of the child\\nand family, should also include a family support representative,\\nrepresentatives from the mental hygiene, education, juvenile justice,\\nprobation, health, and other county child and family services systems.\\n (b) Roles and responsibilities of teams. (i) The state tier III team\\nshall coordinate statewide implementation of the coordinated children's\\nservices initiative. Such team shall:\\n (A) coordinate planning across the health, mental hygiene, education,\\njuvenile justice, probation and human services systems;\\n (B) address barriers to the effective delivery of local interagency\\nservices;\\n (C) coordinate the provision of technical assistance and training for\\nthe effective implementation of the coordinated children's services\\ninitiative;\\n (D) develop an appropriate reporting mechanism to track the outcomes\\nbeing achieved. Such mechanism shall be developed in concert with\\nparticipating counties; and\\n (E) report results and recommendations for change to the governor,\\nlegislature and state board of regents, as appropriate.\\n (ii) The tier II teams shall coordinate the coordinated children's\\nservices initiative at the local level. Such team shall:\\n (A) coordinate cross-systems training and provide linkages to other\\ncounty and school district planning for children;\\n (B) address local/regional barriers to the coordination of services;\\n (C) report on state level barriers to the effective delivery of\\ncoordinated services and recommended changes to the state tier III team;\\n (D) report on outcomes using the mechanism developed by the state tier\\nIII team;\\n (E) implement the goals and principles of the coordinated children's\\nservices initiative; and\\n (F) make monies available consistent with subdivision five of this\\nsection.\\n (iii) Each tier I team shall work collaboratively with the family to\\ndevelop an individualized family support plan that is:\\n (A) family-focused and family driven;\\n (B) built on child and family strengths; and\\n (C) comprehensive, including appropriate services and supports from\\nappropriate systems and natural supports from the community.\\n 4. Goals and principles of operation. (a) Goals. The coordinated\\nchildren's services initiative shall enable children with emotional\\nand/or behavioral disorders, whenever appropriate for the child and\\nfamily to:\\n (i) reside with their families;\\n (ii) live and participate successfully in their communities;\\n (iii) attend and be successful in their local school systems; and\\n (iv) grow towards becoming independent, contributing members of the\\ncommunity.\\n (b) Principles of operation. The tier III and II teams shall provide a\\nsystem for serving children with emotional and/or behavioral disorders\\nthat is:\\n (i) community-based, allowing children and families to receive\\nservices close to their home;\\n (ii) culturally competent;\\n (iii) individualized and strengths-based in approach;\\n (iv) family friendly, involving the family as full and active partners\\nat every level of decision making, including policy development,\\nplanning, treatment and service delivery;\\n (v) comprehensive, involving all appropriate parties, including but\\nnot limited to the family, child, natural supports, provider agencies\\nand other necessary community services;\\n (vi) funded through multiple systems with flexible funding mechanisms\\nthat support creative approaches;\\n (vii) unconditionally committed to the success of each child; and\\n (viii) accountable with respect to use of agreed on and measured\\noutcomes.\\n 5. Funding. Counties and school districts, including boards of\\ncooperative educational services as requested by component school\\ndistricts, choosing to participate in the coordinated children's\\nservices initiative, unless expressly prohibited by law, shall have the\\nauthority to:\\n (a) combine state and federal resources of the participating county\\nand educational agencies to provide services to groups or individual\\nchildren and their families necessary to maintain children with\\nemotional and/or behavioral disorders in their homes, communities and\\nschools, and support families in achieving this goal, as long as the use\\nof the funds is consistent with the purposes for which they were\\nappropriated; and\\n (b) apply flexibility in use of funds, pursuant to an individualized\\nfamily-support plan, or for collaborative programs, an agreement among\\nthe county, city and school districts or the board of cooperative\\neducational services, monies combined pursuant to paragraph (a) of this\\nsubdivision may be used to allow flexibility in determining and applying\\ninterventions that will address the unique needs of the family. The tier\\nIII team shall develop guidelines for the flexible use of funds in\\nimplementing an individualized family support plan.\\n 6. Administration and reports. The council shall be responsible for\\nthe administration of the provisions of this section.\\n (a) The tier III team shall submit a report to the council detailing\\nthe effectiveness in reaching the goals and objectives of the program\\nestablished by this section. Such report shall include recommendations,\\nbased on the experience gained pursuant to the provisions of this\\narticle, for modifying statewide policies, regulations or statutes. The\\ncouncil shall forward such report to the governor, the legislature and\\nthe state board of regents on or before the first day of July of each\\nyear, including the recommendations of the tier III members regarding\\nthe feasibility and implications of implementing the recommendations.\\n (b) The tier III team shall have authority to receive funds and work\\nwithin agency structures, as agreed to by member agencies, to administer\\nfunds for the purposes of carrying out its responsibilities.\\n (c) Parents and representatives of families, who are not compensated\\nfor attendance as part of their employment, shall be compensated for\\ntheir tier III team participation and reimbursed for actual expenses,\\nincluding, but not limited to, child care.\\n 7. Confidentiality. (a) Notwithstanding any other provision of state\\nlaw to the contrary, tier I, II and III team participants in the\\ncoordinated children's services system shall have access to case record\\nand related treatment information as necessary to support the purposes\\nof this section, to the extent permitted by federal law.\\n (b) Tier I, II and III team participants shall protect the\\nconfidentiality of all individual identifying case record and related\\ntreatment information, and prevent access thereto, by, or the\\ndistribution thereof to, other persons not authorized by State or\\nfederal law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-D", "title" : "Out-of-state placement committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "483-D", "activeDate" : "2019-12-20", "sequenceNo" : 780, "repealedDate" : null, "fromSection" : "483-D", "toSection" : "483-D", "text" : " § 483-d. Out-of-state placement committee. 1. Committee established.\\nThere is hereby established within the council an out-of-state placement\\ncommittee comprised of the commissioner of children and family services,\\nthe commissioner of mental health, the commissioner of the office for\\npeople with developmental disabilities, the commissioner of education,\\nthe commissioner of alcoholism and substance abuse services, the\\ncommissioner of health, and the director of the office of probation and\\ncorrectional alternatives.\\n 2. Establishment of out-of-state placement registries. (a) Each member\\nof the out-of-state placement committee which places or which has\\noversight responsibilities over agencies that place children in\\nout-of-state congregate residential programs or residential schools\\nshall establish a registry of congregate residential programs and/or\\nresidential schools. To the extent feasible, such registries shall be\\npublicly accessible via the committee member agency's website.\\nAdditionally, the council shall establish a single comprehensive\\nregistry for the listing of out-of-state congregate residential programs\\nand residential schools that have been approved by one or more members\\nof the out-of-state placement committee. To the extent feasible, the\\nregistry shall be internet-accessible, and shall be placed on the\\nwebsite of the council.\\n (b) The out-of-state placement committee shall develop core\\nrequirements for the inclusion of an out-of-state congregate residential\\nprogram or residential school on such a registry, which shall include\\nbut may not be limited to requirements that:\\n (i) if the out-of-state congregate residential program or residential\\nschool provides residential care to children from New York state, at\\nleast one member of the out-of-state placement committee or his or her\\ndesignee has conducted a site visit of such out-of-state congregate\\nresidential program or residential school, as appropriate, within time\\nframes as the committee shall determine;\\n (ii) the out-of-state congregate residential program or residential\\nschool holds a current license or charter from the appropriate state\\nagency or agencies of the state in which the program or facility is\\nlocated;\\n (iii) appropriate laws and regulations exist in the state where the\\ncongregate residential program or residential school is located for the\\ninvestigation and resolution of allegations of abuse or neglect;\\n (iv) the appropriate member or members of the out-of-state placement\\ncommittee shall have evaluated the out-of-state congregate residential\\nprogram or residential school to determine whether the types of care\\nbeing provided are consistent with New York state law and the applicable\\ncommittee member agency's regulations.\\n (c) Prior to placing an out-of-state congregate residential program or\\nresidential school on its registry, a member of the out-of-state\\nplacement committee shall solicit and consider any relevant information\\nregarding the congregate residential program or residential school from\\nother members of the out-of-state placement committee.\\n (d) The out-of-state placement committee in conjunction with the\\ndivision of the budget shall determine the feasibility of charging fees\\nfor out-of-state congregate residential programs and residential schools\\nto be listed on an out-of-state placement registry.\\n 3. Establishment of recommended contract parameters. The out-of-state\\nplacement committee shall establish recommended contract parameters for\\nuse by committee member agencies and any local agency subject to the\\njurisdiction of one of the committee member agencies when contracting\\nwith an out-of-state congregate residential program or residential\\nschool for the placement of a New York state child. Such contract\\nparameters shall include but may not be limited to provisions that the\\nout-of-state congregate residential program or residential school shall:\\n (a) hold and maintain a current license, certificate or charter from\\nthe appropriate state agency or agencies of the state in which the\\nprogram or facility is located;\\n (b) promptly notify the placing state or local agency of any\\nenforcement action taken with respect to such license, certificate or\\ncharter and any action the congregate program or facility is taking with\\nrespect thereto and that the placing agency, if it is a local agency,\\nwill notify its supervising state agency of such information;\\n (c) take all necessary steps to become and remain listed on the\\nout-of-state placement registry of the applicable member or members of\\nthe out-of-state placement committee, including providing any requested\\ninformation to the applicable committee member or members consistent\\nwith applicable state and federal laws and authorizing such committee\\nmember or members to conduct announced and unannounced visits to the\\nprogram or facility;\\n (d) promptly notify the placing state or local agency of any report of\\nabuse or neglect occurring in the program or school regarding any child\\nplaced by the state or local agency, the progress and outcome of the\\ninvestigation of the report, and of any action being taken with respect\\nthereto, and agree that the placing state or local agency will notify\\nthe parents or persons in parental relationship to the child of such\\nreport of abuse or neglect;\\n (e) promptly notify the placing state or local agency of any\\ninvestigation of a report of abuse or neglect found to result from a\\nsystemic problem with the program or school or any portion thereof and\\nany action that the program or school is taking with respect thereto and\\nthat the placing agency, if it is a local agency, will notify its\\nsupervising state agency of such information; and\\n (f) establish, in conjunction with the placing state or local agency,\\nappropriate services and goals for each child placed by such agency in\\nthe out-of-state program or school consistent with applicable state and\\nfederal law.\\n 4. Model processes for placement. The out-of-state placement committee\\nshall establish model processes for the placement of any child in an\\nout-of-state congregate residential program or residential school which\\nmay include, but not be limited to, identifying the necessary activities\\nthat should be engaged in on a local, regional and/or state level prior\\nto making an out-of-state placement including reviewing alternative\\nservice options to avoid an out-of-home placement and reviewing all\\nviable and least restrictive options for placing the child in-state.\\n 5. Technical assistance resources. The committee shall make reasonable\\nefforts to:\\n (a) coordinate the development and updating by member agencies of\\nstatewide child and family services technical assistance resources which\\nmay include service directories, assessment tools, inventories of\\navailability and capacity of in-state services, referral guides, funding\\nmaps, and information about research and evidence based practices,\\nwhich, to the extent feasible, shall be made widely available through\\nsuch means as web-based platforms; and\\n (b) establish public awareness, training and technical assistance\\ninitiatives to strengthen local and regional service coordination and\\nstreamline placement processes and access to community-based services,\\nwhich include or complement existing infrastructure, by engaging local\\nand regional service providers, educators, policy makers, family\\nmembers, advocates and others.\\n 6. Integrated funding. The committee, in conjunction with the division\\nof the budget, shall analyze aggregate data on children who are placed\\nin out-of-state congregate residential programs and residential schools\\nand make recommendations concerning the development of integrated\\nfunding for the purchase of services for children with complex and/or\\nmultiply-diagnosed needs including:\\n (a) reducing or eliminating identified barriers to providing\\nflexibility in the funding of programs and services for children at risk\\nof placement in out-of-state programs and facilities and of such other\\nchildren as may be appropriate;\\n (b) increasing the number of alternatives to placing children in\\nout-of-state congregate residential programs or residential schools by\\nallowing funds for services to follow the child into the most\\nappropriate and least restrictive placement; and\\n (c) allowing funds for services to be applied to the purchase of\\nappropriate services within the child's community, including\\nmodification of the child's residence, in the most flexible manner so as\\nto serve the child in the least restrictive setting as appropriate.\\n 7. Additional review and recommendations; report. The out-of-state\\nplacement committee may develop additional recommendations regarding a\\ncommon system concerning placement of children in out-of-state programs\\nand facilities, with the purpose of averting insofar as practicable\\nfuture placement of children in such out-of-state programs and\\nfacilities, of returning children from such out-of-state programs and\\nfacilities, of building or rebuilding the infrastructure of in-state\\nprograms and facilities so that it shall be capable of serving the needs\\nof such children, of redesigning the system to eliminate barriers and\\ninstitute flexibility in funding services so that children may be\\nprovided for in the most appropriate and least restrictive environments,\\nincluding the child's home, of enabling public funding for such services\\nto follow the child, and of requiring appropriate levels of\\naccountability concerning the placement of children at all levels of\\npublic decision-making.\\n The committee shall provide an annual progress report concerning the\\ndevelopment of the items and policies described in this section and\\nprogress on their implementation, along with such recommendations as the\\ncommittee shall deem appropriate and in keeping with the spirit and\\nintent of this section. Such report shall be submitted to the governor\\nand the legislature no later than thirty days following the submission\\nof the executive budget.\\n 8. Immunity from liability. Any person, official or institution\\ncomplying with the requirements of this section reasonably and in good\\nfaith, including establishing or implementing out-of-state registries,\\ncontract parameters, and model processes for placement, with respect to\\nplacing a child in an out-of-state or an in-state facility or program\\nshall have immunity from any liability, civil or criminal, that might\\notherwise result by reason of such actions.\\n 9. Construction with other laws; severability. If any portion of this\\nsection or the application thereof to any person or circumstances shall\\nbe adjudged invalid by a court of competent jurisdiction, such order or\\njudgment shall be confined in its operation to the controversy in which\\nit was rendered, and shall not affect or invalidate the remainder of any\\nprovision of this section or the application of any part thereof to any\\nother person or circumstances and to this end each of the provisions of\\nthis section are hereby declared to be separable.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-E", "title" : "Restraint and crisis intervention technique committee", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "483-E", "activeDate" : "2019-12-20", "sequenceNo" : 781, "repealedDate" : null, "fromSection" : "483-E", "toSection" : "483-E", "text" : " § 483-e. Restraint and crisis intervention technique committee. 1.\\nCommittee established. There is hereby established within the council a\\nrestraint and crisis intervention technique committee comprised of the\\ncommissioner of children and family services, the commissioner of mental\\nhealth, the commissioner of the office for people with developmental\\ndisabilities, the commissioner of education and the commissioner of\\nhealth. The committee shall include at least two representatives of\\nstatewide and regional provider organizations that represent providers\\nof educational and residential services to children, at least two mental\\nhealth professionals who provide direct care on a regular basis to\\nchildren served by the program types provided in subdivision two of this\\nsection and at least one representative of parents of children requiring\\nspecial services.\\n 2. Establishment of coordinated standards. The committee shall\\nidentify the most effective, least restrictive and safest techniques for\\nthe modification of a child's behavior in response to an actual or\\nperceived threat by such child of harm or bodily injury to such child,\\nor to another person, where such child is a resident of, or otherwise\\nserved by a residential treatment facility, a children's day treatment\\nprogram, a family based treatment home, a community residence, an\\nindividualized residential alternative, a family care home, day\\nhabilitation, day treatment, an intermediary care facility, residential\\nhabilitation, an agency operated boarding home, an approved private\\nresidential school or an approved private non-residential school. Such\\ntechniques shall include, but not be limited to, the use of physical\\nrestraint, therapeutic crisis intervention, crisis management or such\\nother de-escalation techniques designed to help staff assist children to\\nmanage crisis situations. The committee shall review models of crisis\\nprevention and intervention, including the use of physical restraints.\\nThe committee shall establish uniform and coordinated standards giving\\npreference to the least restrictive alternative for the use of such\\ntechniques in such children service settings.\\n 3. Recommendations and report. The committee shall develop additional\\nrecommendations regarding crisis intervention as it deems appropriate\\nincluding, but not limited to, appropriate staffing patterns to safely\\nimplement such techniques, specific training curriculum and regulatory\\namendments governing the oversight of staff training efforts implemented\\nby the commissioners. Such recommendations, together with proposed\\nregulations relating thereto, shall be included in a report submitted to\\nthe governor and the legislature no later than September first, two\\nthousand seven.\\n 4. Future responsibilities. In addition to the duties provided in\\nsubdivisions one through three of this section, the committee shall have\\nthe following responsibilities:\\n (a) the committee shall report to the governor and legislature, on or\\nbefore October thirty-first, two thousand nine, on the progress made to\\nimplement the recommendations outlined in the September, two thousand\\nseven report; on aggregate agency-specific data and improvements in\\nagency-specific tracking systems in order to provide evidence of system\\nchanges; and shall revise the report to specifically include children's\\nday treatment programs and any other setting serving children that\\nauthorizes the use of restraints in each of the findings and\\nrecommendations presented in such report; and\\n (b) the committee shall report to the governor and legislature, no\\nlater than October thirty-first, two thousand ten, and each year\\nthereafter, on the progress made to implement the recommendations\\noutlined in the September, two thousand seven report, and any new\\nrecommendations made in the two thousand nine report, along with any\\nother outstanding issues and recommendations for implementing uniform\\nand coordinated standards that the committee deems appropriate. The\\ncommittee shall include in its report the implementation of the\\ncoordinated standards by each agency, including but not limited to the\\nrevision and coordination of regulations, modifications to training\\ncurricula and staffing models, and may include a recommendation as to\\nwhether the committee should be continued as its exists, expanded, or\\ndiscontinued.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-F", "title" : "The children's plan", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2019-12-20" ], "docLevelId" : "483-F", "activeDate" : "2019-12-20", "sequenceNo" : 782, "repealedDate" : null, "fromSection" : "483-F", "toSection" : "483-F", "text" : " § 483-f. The children's plan. 1. The council, in accordance with\\nsection 7.43 of the mental hygiene law, shall assist the commissioner of\\nmental health with the implementation of the children's plan, developed\\npursuant to chapter six hundred sixty-seven of the laws of two thousand\\nsix. State child-serving agencies involved in the development of such\\nplan shall assist, as needed, with such plan's implementation and such\\nagencies shall sign off on all future reports and plans. Such agencies\\nshall include, but not be limited to, the office of mental health, the\\noffice for people with developmental disabilities, the office of\\nalcoholism and substance abuse services, the commission on quality of\\ncare and advocacy for persons with disabilities, the office of children\\nand family services, the state education department, the department of\\nhealth, and the department of probation and correctional alternatives.\\n 2. The council shall, with the approval of the child-serving agencies,\\nsubmit a report to the governor and to the legislature, on or before\\nOctober first, two thousand ten, and every two years after such date, on\\nthe progress of the children's plan, including the outcomes,\\nachievements and recommendations for revision of such plan. Such report\\nshall also be made a discrete part of the office of mental health's\\nstatewide comprehensive five year plan consistent with the requirements\\nof subdivision (b) of section 5.07 of the mental hygiene law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-G", "title" : "Early childhood advisory council", "docType" : "SECTION", "publishedDates" : [ "2016-11-11", "2017-03-17" ], "docLevelId" : "483-G", "activeDate" : "2017-03-17", "sequenceNo" : 783, "repealedDate" : null, "fromSection" : "483-G", "toSection" : "483-G", "text" : " § 483-g. Early childhood advisory council. 1. There is hereby\\nestablished within the council an early childhood advisory council to\\npromote a comprehensive and high quality early childhood system. Members\\nof the early childhood advisory council shall be appointed by the\\ngovernor and shall include, but not be limited to, to the maximum extent\\npossible:\\n (a) a representative of the office of children and family services;\\n (b) a representative of the state education department;\\n (c) a representative of local educational agencies;\\n (d) a representative of institutions of higher education in the state;\\n (e) a representative of local providers of early childhood education\\nand development services;\\n (f) a representative of head start agencies, including migrant and\\nseasonal head start programs and Indian head start programs;\\n (g) the director of the head start collaboration office;\\n (h) a representative from the department of health;\\n (i) a representative of the office of temporary and disability\\nassistance;\\n (j) a representative of the office of mental health;\\n (k) a representative of the office for people with developmental\\ndisabilities;\\n (l) a representative of the empire state development corporation;\\n (m) a representative of the division of the budget;\\n (n) at least five representatives of the business community; and\\n (o) representatives of other entities determined to be relevant by the\\ngovernor.\\n 2. The governor shall also designate the two chairpersons to the early\\nchildhood advisory council.\\n 3. The early childhood advisory council shall, in addition to any\\nresponsibilities assigned by the governor:\\n (a) conduct a periodic statewide needs assessment concerning the\\nquality and availability of early childhood education and development\\nprograms and services for children from birth to school entry, including\\nan assessment of the availability of high-quality pre-kindergarten\\nservices for low-income children in the state;\\n (b) identify opportunities for, and barriers to, collaboration and\\ncoordination among federally funded and state funded child development,\\nchild care, and early childhood education programs and services,\\nincluding collaboration and coordination among state agencies\\nresponsible for administering such programs;\\n (c) develop recommendations for increasing the overall participation\\nof children in existing federal, state, and local child care and early\\nchildhood education programs, including outreach to underrepresented and\\nspecial populations;\\n (d) develop recommendations regarding the establishment of a unified\\ndata collection system for public early childhood education and\\ndevelopment programs and services throughout the state;\\n (e) develop recommendations regarding statewide professional\\ndevelopment and career advancement plans for early childhood educators\\nin the state;\\n (f) assess the capacity and effectiveness of two-year and four-year\\npublic and private institutions of higher education in the state toward\\nsupporting the development of early childhood educators, including the\\nextent to which such institutions have in place articulation agreements,\\nprofessional development and career advancement plans, and practice or\\ninternships for students to spend time in a head start or\\npre-kindergarten program;\\n (g) develop and implement strategies to engage business and civic\\nleaders and organizations in early learning planning and advocacy at the\\nstate and local level;\\n (h) increase business, civic and public awareness of the importance of\\nearly childhood education, including, but not limited to, the\\ndistribution of literature through mail or online, organizing of\\nmeetings and events to promote the cost benefit of investments in\\nlearning and the hosting of an annual economic summit on early childhood\\ninvestment;\\n (i) develop recommendations for increasing public-private investments\\nin early childhood and strategies for maximizing resources; and\\n (j) make recommendations for improvements in state early learning\\nstandards and undertake efforts to develop high-quality comprehensive\\nearly learning standards, as appropriate.\\n 4. Members of the early childhood advisory council shall serve on\\nworkgroups tasked with implementing the duties required pursuant to\\nsubdivision three of this section. Such workgroups may be established as\\nneeded, provided however that there shall be a permanent early learning\\ninvestment workgroup focused on implementation of, at a minimum, the\\nduties described in paragraphs (g), (h) and (i) of subdivision three of\\nthis section. Membership of the early learning investment workgroup\\nshall include, but not be limited to, representatives of the business\\ncommunity appointed to the council in accordance with paragraph (n) of\\nsubdivision one of this section.\\n 5. The early childhood advisory council shall hold public hearings and\\nprovide an opportunity for public comment on the activities described in\\nsubdivision three of this section.\\n 6. The early childhood advisory council shall submit a statewide\\nstrategic report addressing the activities described in subdivision\\nthree of this section to the director of the head start collaboration\\noffice, the governor, the speaker of the assembly and the temporary\\npresident of the senate. After submission of a statewide strategic\\nreport, the early childhood advisory council shall meet periodically to\\nreview any implementation of the recommendations in such report and any\\nchanges in state and local needs.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-H", "title" : "Internet mapping resource of school age child care providers and afterschool and home visiting programs", "docType" : "SECTION", "publishedDates" : [ "2017-12-01", "2018-03-02", "2018-04-27", "2019-11-29", "2020-02-28" ], "docLevelId" : "483-H", "activeDate" : "2020-02-28", "sequenceNo" : 784, "repealedDate" : null, "fromSection" : "483-H", "toSection" : "483-H", "text" : " § 483-h. Internet mapping resource of school age child care providers\\nand afterschool and home visiting programs. 1. The council, in\\naccordance with information made available to it by the office of\\nchildren and family services pursuant to section seventeen of this\\nchapter; information provided to the council by the state education\\ndepartment pursuant to section three hundred five of the education law;\\nand information provided by the department of health pursuant to section\\ntwo hundred one of the public health law, shall develop and make\\navailable through a link on its website an internet mapping resource of:\\n (a) all recipients of competitive grants awarded or administered by\\nthe state office of children and family services or the state education\\ndepartment for the purpose of providing: afterschool programs or\\nextended learning time, including but not limited to grants for such\\npurposes awarded under section thirty-six hundred forty-one of the\\neducation law;\\n (b) all registered school age child care providers registered by the\\noffice of children and family services except for those who in\\naccordance with subdivision eight-a of section three hundred ninety of\\nthis chapter have opted out of providing information online; and\\n (c) all home visiting programs that meet the criteria as required by\\nsection four hundred twenty-nine of this chapter regardless of whether\\nthey have a contract with or receive funding from the state, which\\nprovide the necessary information to the office of children and family\\nservices required pursuant to subdivision (i) of section seventeen of\\nthis chapter, or the department of health as required by paragraph (w)\\nof subdivision one of section two hundred one of the public health law.\\n 2. The internet mapping resource shall include the following\\ninformation for each grant recipient, provider or program: (a) the\\nrecipient's, or provider's or program's name; (b), the address at which\\nthe recipient, provider or program is offered except for those who in\\naccordance with subdivision eight-a of section three hundred ninety of\\nthis chapter have opted out of providing information online,; (c) the\\nphone number for the recipient, provider or program; and (d) a general\\ndescription of eligible individuals and families served by the\\nparticular recipient, provider or program.\\n 3. The internet mapping resource described in subdivision one of this\\nsection shall be updated no less than once a year.\\n 4. The council may include locations and information for additional\\nrelevant programs as it sees fit.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 9 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A10-D", "title" : "Services For Victims of Human Trafficking", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22", "2015-10-30", "2016-09-16" ], "docLevelId" : "10-D", "activeDate" : "2016-09-16", "sequenceNo" : 785, "repealedDate" : null, "fromSection" : "483-AA", "toSection" : "483-FF", "text" : " ARTICLE 10-D\\n SERVICES FOR VICTIMS OF HUMAN TRAFFICKING\\nSection 483-aa. Definitions.\\n 483-bb. Services for victims of human trafficking.\\n 483-cc. Confirmation as a victim of human trafficking.\\n 483-dd. Law enforcement assistance with respect to immigration.\\n 483-ee. Establishment of interagency task force on human\\n trafficking.\\n 483-ff. National human trafficking resource center hotline\\n poster.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-AA", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2018-08-31", "2019-01-18" ], "docLevelId" : "483-AA", "activeDate" : "2019-01-18", "sequenceNo" : 786, "repealedDate" : null, "fromSection" : "483-AA", "toSection" : "483-AA", "text" : " § 483-aa. Definitions. The following definitions shall apply to this\\narticle:\\n (a) \"Human trafficking victim\" means a person who is a victim of sex\\ntrafficking as defined in section 230.34 of the penal law or a victim of\\nlabor trafficking as defined in section 135.35 of the penal law.\\n (b) \"Pre-certified victim of human trafficking\" is a person who has a\\npending application for federal certification as a victim of a severe\\nform of trafficking in persons as defined in section 7105 of title 22 of\\nthe United States Code (Trafficking Victims Protection) but has not yet\\nobtained such certification, or a person who has reported a crime to law\\nenforcement and it reasonably appears to law enforcement that the person\\nis such a victim.\\n (c) \"Short-term safe house\" means a residential facility operated by a\\nnot-for-profit agency with experience in providing services to human\\ntrafficking victims, that provides emergency shelter, services and care\\nto human trafficking victims including food, shelter, clothing, medical\\ncare, counseling and appropriate crisis intervention services and\\npromotes a safe living environment.\\n (d) \"Long-term safe house\" means a residential facility operated by a\\nnot-for-profit agency with experience in providing services to human\\ntrafficking victims, that provides shelter for human trafficking victims\\nand promotes a safe living environment. In addition, a long-term safe\\nhouse shall provide or assist with securing necessary services for such\\nhuman trafficking victims either through direct provision of services,\\nor through written agreements with other community and public agencies\\nfor the provision of services including but not limited to housing,\\nassessment, case management, medical care, legal, mental health and\\nsubstance use disorder services. Such safe house, in accordance with a\\nservice plan for such human trafficking victim, shall also provide\\ncounseling and therapeutic services, educational services including life\\nskills services, job training and placement and planning services to\\nsuccessfully transition such person back into the community.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-BB", "title" : "Services for victims of human trafficking", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2016-01-22", "2018-08-17", "2018-08-31", "2018-11-16", "2019-01-18", "2021-07-30" ], "docLevelId" : "483-BB", "activeDate" : "2021-07-30", "sequenceNo" : 787, "repealedDate" : null, "fromSection" : "483-BB", "toSection" : "483-BB", "text" : " § 483-bb. Services for victims of human trafficking. (a) The office of\\ntemporary and disability assistance may coordinate with and assist law\\nenforcement agencies and district attorney's offices to access\\nappropriate services for human trafficking victims.\\n (b) The office of temporary and disability assistance shall enter into\\ncontracts with non-government organizations for providing services to\\nvictims of human trafficking as defined in subdivision (a) of section\\nfour hundred eighty-three-aa of this article. Such services shall be\\nculturally competent, to the extent practicable, and shall include, but\\nare not limited to, case management, emergency temporary housing, health\\ncare, mental health counseling, drug addiction screening and treatment,\\nlanguage interpretation and translation services, English language\\ninstruction, job training and placement assistance, post-employment\\nservices for job retention, and services to assist the individual and\\nany of his or her family members to establish a permanent residence in\\nNew York state or the United States. Such services shall also include\\nappropriate voluntary placement in a short-term and/or long-term safe\\nhouse, as such terms are defined under subdivision (c) or (d) of section\\nfour hundred eighty-three-aa of this article. Placement in a safe house\\nshall be available from the initial point of contact between the human\\ntrafficking victim and any of the following: law enforcement; a local\\nsocial services district; or a social or legal services provider.\\nNothing in this article shall prevent placement in a safe house of a\\nhuman trafficking victim who is: (1) involved in a proceeding which has\\nnot reached final disposition, for the duration of such proceeding; (2)\\nnot involved in a pending proceeding; or (3) participating in a program\\nfor victims of domestic violence and has been identified as a victim of\\nhuman trafficking. Nothing in this article shall preclude the office of\\ntemporary and disability assistance, or any local social services\\ndistrict, from providing human trafficking victims who are United States\\ncitizens or human trafficking victims who meet the criteria pursuant to\\nsection one hundred twenty-two of this chapter with any benefits or\\nservices for which they otherwise may be eligible.\\n (c) (i) An individual who is a victim of the conduct prohibited by\\nsection 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law may\\nbring a civil action against the perpetrator or whoever knowingly\\nadvances or profits from, or whoever should have known he or she was\\nadvancing or profiting from, an act in violation of section 230.33,\\n230.34, 230.34-a, 135.35 or 135.37 of the penal law to recover actual,\\ncompensatory and punitive damages, injunctive relief, any combination of\\nthose or any other appropriate relief, as well as reasonable attorney's\\nfees.\\n (ii) An action brought pursuant to this subdivision shall be commenced\\nwithin fifteen years of the date on which the trafficking victim was\\nfreed from the trafficking situation or, if the victim was a minor when\\nthe act of human trafficking against the victim occurred, within fifteen\\nyears after the date the victim attains the age of majority.\\n (iii) If a person entitled to sue is under a disability at the time\\nthe cause of action accrues so that it is impossible or impracticable\\nfor him or her to bring an action under this subdivision, the time of\\nthe disability is not part of the time limited for the commencement of\\nthe action. Disability will toll the running of the statute of\\nlimitations for this action.\\n (A) Disability includes being a minor, lacking legal capacity to make\\ndecisions, imprisonment, or other incapacity or incompetence.\\n (B) The statute of limitations shall not run against a victim who is a\\nminor or who lacks the legal competence to make decisions simply because\\na guardian ad litem has been appointed. A guardian ad litem's failure to\\nbring a victim's action within the applicable limitation period will not\\nprejudice the victim's right to do so after his or her disability\\nceases.\\n (C) The perpetrator is estopped from asserting a defense of the\\nstatute of limitations when the expiration of the statute is due to\\nconduct by such perpetrator inducing the victim to delay the filing of\\nthe action, or due to threats made by the perpetrator causing duress\\nupon the victim.\\n (D) The suspension of the statute of limitations due to disability,\\nlack of knowledge, or estoppel applies to all other related claims\\narising out of the trafficking situation.\\n (E) The running of the statute of limitations is postponed during the\\npendency of criminal proceedings against the victim.\\n (iv) The running of the statute of limitations may be suspended if a\\nperson entitled to sue could not have reasonably discovered the cause of\\naction due to circumstances resulting from the trafficking situation,\\nsuch as psychological trauma, cultural and linguistic isolation, and the\\ninability to access services.\\n (v) A prevailing victim may also be awarded reasonable attorney's fees\\nand litigation costs including, but not limited to, expert witness fees\\nand expenses as part of the costs.\\n (vi) Restitution paid by the perpetrator to the victim shall be\\ncredited against a judgment, award, or settlement obtained pursuant to\\nan action under this subdivision.\\n (vii) A civil action filed under this subdivision shall be stayed\\nduring the pendency of any criminal action arising out of the same\\noccurrence in which the claimant is the victim. As used in this\\nsubdivision, a \"criminal action\" includes investigation and prosecution,\\nand is pending until a final adjudication in the trial court or\\ndismissal.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-CC", "title" : "Confirmation as a victim of human trafficking", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-10-30", "2016-01-22", "2021-12-17", "2022-03-04" ], "docLevelId" : "483-CC", "activeDate" : "2022-03-04", "sequenceNo" : 788, "repealedDate" : null, "fromSection" : "483-CC", "toSection" : "483-CC", "text" : " § 483-cc. Confirmation as a victim of human trafficking. (a) As soon\\nas practicable after a first encounter with a person who reasonably\\nappears to a law enforcement agency, district attorney's office, or an\\nestablished provider of social or legal services designated by the\\noffice of temporary and disability assistance, the office for the\\nprevention of domestic violence or the office of victim services to be a\\nhuman trafficking victim, that law enforcement agency or district\\nattorney's office shall notify the office of temporary and disability\\nassistance and the division of criminal justice services that such\\nperson may be eligible for services under this article or, in the case\\nof an established provider of social or legal services, shall notify the\\noffice of temporary and disability assistance and the division of\\ncriminal justice services if such victim consents to seeking services\\npursuant to this article.\\n (b) Upon receipt of such a notification, the division of criminal\\njustice services, in consultation with the office of temporary and\\ndisability assistance and the referring agency or office, shall make a\\npreliminary assessment of whether such victim or possible victim appears\\nto meet the criteria for certification as a victim of a severe form of\\ntrafficking in persons as defined in section 7105 of title 22 of the\\nUnited States Code (Trafficking Victims Protection) or appears to be\\notherwise eligible for any federal, state or local benefits and\\nservices. If it is determined that the victim appears to meet such\\ncriteria, the office of temporary and disability assistance shall report\\nthe finding to the victim, and to the referring law enforcement agency\\nor district attorney's office, and may assist that agency or office in\\nhaving such victim receive services from a case management provider who\\nmay be under contract with the office of temporary and disability\\nassistance, or from any other available source. If the victim or\\npossible victim is under the age of eighteen, the office of temporary\\nand disability assistance also shall notify the local department of\\nsocial services in the county where the child was found.\\n (c) Promptly upon an encounter with a person who reasonably appears to\\na law enforcement agency or district attorney's office to be a human\\ntrafficking victim, or a person who identifies himself or herself as a\\nhuman trafficking victim, such law enforcement agency or district\\nattorney's office shall advise such person of the availability of the\\nservices of specific, established providers of social and legal services\\nto human trafficking victims. Each local department of social services\\nshall maintain and shall update, at least once annually, a list of\\nestablished providers of social and legal services to human trafficking\\nvictims within the social services district, which shall be provided, at\\nleast once annually, to law enforcement agencies and district attorney's\\noffices within the district. In order to communicate effectively with\\nsuch person, the law enforcement agency or district attorney's office\\nmay provide such individual with a brochure or other written material,\\nincluding by informing the individual where such written materials are\\navailable online, translated into the six most common non-English\\nlanguages spoken by individuals with limited English proficiency in the\\nstate or in the applicable county, city, or town; provided, however,\\nwhere such person is not proficient in one of such languages, the law\\nenforcement agency or district attorney's office shall make reasonable\\nefforts to communicate effectively with such person, using an\\ninterpreter or interpretation services, where practicable. Unless, after\\nreceiving such advice, the apparent victim expresses that he or she does\\nnot wish the presence of a representative of such an established\\nprovider of social or legal services, the law enforcement agency or\\ndistrict attorney's office shall offer to contact the appropriate\\nprovider or providers and connect such provider or providers with the\\napparent victim. Nothing in this subdivision shall affect any obligation\\nsuch law enforcement agency or district attorney's office may have to\\nprovide any information or assistance to such person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-DD", "title" : "Law enforcement assistance with respect to immigration", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "483-DD", "activeDate" : "2014-09-22", "sequenceNo" : 789, "repealedDate" : null, "fromSection" : "483-DD", "toSection" : "483-DD", "text" : " § 483-dd. Law enforcement assistance with respect to immigration. Upon\\nthe request of a human trafficking victim or a representative of a human\\ntrafficking victim, the state or local law enforcement agency or\\ndistrict attorney's office shall provide the victim with the United\\nStates Citizenship and Immigration Service (USCIS) Form I-914 Supplement\\nB Declaration of Law Enforcement Officer for Victim of Trafficking in\\nPersons. In order to provide persuasive evidence, the state or local law\\nenforcement agency endorsement must contain a description of the\\nvictimization upon which the application is based, including the dates\\nthe trafficking in persons occurred. The endorsement must address\\nwhether the victim had been recruited, harbored, transported, provided,\\nor obtained specifically for either labor servitude or services or for\\nthe purposes of a commercial sex act as defined in subdivision three of\\nsection 7102 of title 22 of the United States Code.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-EE", "title" : "Establishment of interagency task force on human trafficking", "docType" : "SECTION", "publishedDates" : [ "2015-10-30", "2016-11-11", "2019-09-06", "2021-07-09", "2023-09-29", "2025-11-14" ], "docLevelId" : "483-EE", "activeDate" : "2021-07-09", "sequenceNo" : 790, "repealedDate" : null, "fromSection" : "483-EE", "toSection" : "483-EE", "text" : " * § 483-ee. Establishment of interagency task force on human\\ntrafficking. (a) There is established an interagency task force on\\ntrafficking in persons, which shall consist of the following members or\\ntheir designees: (1) the commissioner of the division of criminal\\njustice services; (2) the commissioner of the office of temporary and\\ndisability assistance; (3) the commissioner of health; (4) the\\ncommissioner of the office of mental health; (5) the commissioner of\\nlabor; (6) the commissioner of the office of children and family\\nservices; (7) the commissioner of the office of alcoholism and substance\\nabuse services; (8) the director of the office of victim services; (9)\\nthe executive director of the office for the prevention of domestic\\nviolence; and (10) the superintendent of the division of state police;\\nand the following additional members, who shall be promptly appointed by\\nthe governor, each for a term of two years, provided that such person's\\nmembership shall continue after such two year term until a successor is\\nappointed and provided, further, that a member may be reappointed if\\nagain recommended in the manner specified in this subdivision: (11) two\\nmembers, who shall be appointed on the recommendation of the temporary\\npresident of the senate; (12) two members, who shall be appointed on the\\nrecommendation of the speaker of the assembly; (13) two members, who\\nshall be appointed on the recommendation of the not-for-profit\\norganization in New York state that receives the largest share of funds,\\nappropriated by and through the state budget, for providing services to\\nvictims of human trafficking, as shall be identified annually in writing\\nby the director of the budget; and (14) one member, who shall be\\nappointed on the recommendation of the president of the New York state\\nbar association; and others as may be necessary to carry out the duties\\nand responsibilities under this section. The task force will be\\nco-chaired by the commissioners of the division of criminal justice\\nservices and the office of temporary and disability assistance, or their\\ndesignees. It shall meet as often as is necessary, but no less than\\nthree times per year, and under circumstances as are appropriate to\\nfulfilling its duties under this section. All members shall be provided\\nwith written notice reasonably in advance of each meeting with date,\\ntime and location of such meeting.\\n (b) The task force shall: (1) collect and organize data on the nature\\nand extent of trafficking in persons in the state; (2) identify\\navailable federal, state and local programs that provide services to\\nvictims of trafficking, including but not limited to case management,\\nhousing, health care, mental health counseling, drug addiction screening\\nand treatment, language interpretation and translation services, English\\nlanguage instruction, job training and placement assistance,\\npost-employment services for job retention, and services to assist the\\nindividual and any of his or her family members to establish a permanent\\nresidence in New York state or the United States; (3) consult with\\ngovernmental and non-governmental organizations in developing\\nrecommendations to strengthen state and local efforts to prevent\\ntrafficking, protect and assist victims of trafficking and prosecute\\ntraffickers; (4) establish interagency protocols and collaboration\\nbetween federal, state, and local law enforcement, state and\\ngovernmental agencies, child welfare agencies, and non-governmental\\norganizations; (5) evaluate approaches to increase public awareness\\nabout trafficking and make recommendations on such approaches; (6)\\nevaluate the effectiveness of training programs on human trafficking\\nthat have been designed for law enforcement personnel, criminal defense\\nattorneys, social service providers and non-governmental organizations,\\nand make recommendations for improving the quality and effectiveness of\\nsuch programs; (7) measure and evaluate the progress of the state in\\npreventing trafficking, protecting and providing assistance to victims\\nof trafficking, and prosecuting persons engaged in trafficking; and (8)\\nconvene any subcommittee necessary, provided such subcommittee has at\\nleast one of the members appointed by the speaker of the assembly,\\ntemporary president of the senate or governor, to consider specific\\nissues, including, but not limited to: federal, state and/or local\\ncooperation; juveniles and human trafficking; the importance of training\\nand who should receive such training; how data is compiled and shared;\\nand services for and treatment of domestic versus foreign born victims.\\n (c) The task force shall report to the governor, the speaker of the\\nassembly, the minority leader of the assembly, the temporary president\\nof the senate and the minority leader of the senate no less than\\nannually, and it shall additionally issue such reports and\\nrecommendations as it deems necessary to carry out its duties and\\nresponsibilities.\\n * NB Repealed September 1, 2023\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "483-FF", "title" : "National human trafficking resource center hotline poster", "docType" : "SECTION", "publishedDates" : [ "2016-09-16", "2016-11-11" ], "docLevelId" : "483-FF", "activeDate" : "2016-11-11", "sequenceNo" : 791, "repealedDate" : null, "fromSection" : "483-FF", "toSection" : "483-FF", "text" : " § 483-ff. National human trafficking resource center hotline poster.\\n(a) The commissioner of temporary and disability assistance shall make\\npublicly available on its website an electronic version of the National\\nHuman Trafficking Resources Center (NHTRC) hotline poster, or create and\\nmake available a variation thereof.\\n (b) The poster shall:\\n (1) be available for printing, at a minimum, in English and all other\\nlanguages that the NHTRC poster is available in;\\n (2) be at least eight and one-half inches by eleven inches in size;\\nand\\n (3) if created by the commissioner, include the following statement:\\n \"If you or someone you know is being forced to engage in any activity\\nand cannot leave - whether it is commercial sex, housework, farm work,\\nor any other similar activity - call the National Human Trafficking\\nResource Center Hotline at 1-888-373-7888 to access help and services.\\n Victims of human trafficking are eligible for protections and services\\nunder United States and New York state law.\\n The hotline is:\\n (1) Available twenty-four hours a day, seven days a week;\\n (2) Toll free;\\n (3) Operated by a non-profit, non-governmental organization;\\n (4) Anonymous and confidential;\\n (5) Accessible in one hundred seventy languages; and\\n (6) Able to provide help, referral to services, training, and general\\ninformation.\"\\n (c) The commissioner shall consult with other state agencies and\\norganizations that he or she deems appropriate to encourage that such\\nposters are located in public places where trafficking victims may be\\npresent, including but not limited to: highway rest stops, bus stations,\\ntruck stops, airports, adult or sexually oriented businesses, hospitals\\nand urgent care centers. In consulting with such agencies and\\norganizations, the commissioner shall advise that posters should be\\nplaced in conspicuous locations near primary public entrances or other\\nareas where posters and notices are customarily posted on the premises.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 6 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A11", "title" : "Protection of People With Special Needs", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "11", "activeDate" : "2014-09-22", "sequenceNo" : 792, "repealedDate" : null, "fromSection" : "488", "toSection" : "497", "text" : " ARTICLE 11\\n PROTECTION OF PEOPLE WITH SPECIAL NEEDS\\nSection 488. Definitions.\\n 489. Applicability.\\n 490. Incident management programs.\\n 491. Duty to report incidents.\\n 492. Vulnerable persons' central register.\\n 493. Abuse and neglect findings; consequences.\\n 494. Amendments to and appeals of substantiated reports of abuse\\n or neglect.\\n 495. Register of substantiated category one cases of abuse or\\n neglect.\\n 496. Confidentiality.\\n 497. Immunity from liability.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "488", "title" : "Definitions", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2015-04-24", "2015-07-03", "2020-04-24", "2020-07-03", "2021-04-09", "2026-06-12" ], "docLevelId" : "488", "activeDate" : "2021-04-09", "sequenceNo" : 793, "repealedDate" : null, "fromSection" : "488", "toSection" : "488", "text" : " § 488. Definitions. As used in this article, the following terms shall\\nhave the following meanings:\\n 1. \"Reportable incident\" shall mean the following conduct that a\\nmandated reporter is required to report to the vulnerable persons'\\ncentral register:\\n (a) \"Physical abuse,\" which shall mean conduct by a custodian\\nintentionally or recklessly causing, by physical contact, physical\\ninjury or serious or protracted impairment of the physical, mental or\\nemotional condition of a service recipient or causing the likelihood of\\nsuch injury or impairment. Such conduct may include but shall not be\\nlimited to: slapping, hitting, kicking, biting, choking, smothering,\\nshoving, dragging, throwing, punching, shaking, burning, cutting or the\\nuse of corporal punishment. Physical abuse shall not include reasonable\\nemergency interventions necessary to protect the safety of any person.\\n (b) \"Sexual abuse,\" which shall mean any conduct by a custodian that\\nsubjects a person receiving services to any offense defined in article\\none hundred thirty or section 255.25, 255.26 or 255.27 of the penal law;\\nor any conduct or communication by such custodian that allows, permits,\\nuses or encourages a service recipient to engage in any act described in\\narticles two hundred thirty or two hundred sixty-three of the penal law.\\nFor purposes of this paragraph only, a person with a developmental\\ndisability who is or was receiving services and is also an employee or\\nvolunteer of a service provider shall not be considered a custodian if\\nhe or she has sexual contact with another service recipient who is a\\nconsenting adult who has consented to such contact.\\n (c) \"Psychological abuse,\" which shall mean conduct by a custodian\\nintentionally or recklessly causing, by verbal or non-verbal conduct, a\\nsubstantial diminution of a service recipient's emotional, social or\\nbehavioral development or condition, supported by a clinical assessment\\nperformed by a physician, psychologist, psychiatric nurse practitioner,\\nlicensed clinical or master social worker or licensed mental health\\ncounselor, or causing the likelihood of such diminution. Such conduct\\nmay include but shall not be limited to intimidation, threats, the\\ndisplay of a weapon or other object that could reasonably be perceived\\nby a service recipient as a means for infliction of pain or injury, in a\\nmanner that constitutes a threat of physical pain or injury, taunts,\\nderogatory comments or ridicule.\\n (d) \"Deliberate inappropriate use of restraints,\" which shall mean the\\nuse of a restraint when the technique that is used, the amount of force\\nthat is used or the situation in which the restraint is used is\\ndeliberately inconsistent with a service recipient's individual\\ntreatment plan or behavioral intervention plan, generally accepted\\ntreatment practices and/or applicable federal or state laws, regulations\\nor policies, except when the restraint is used as a reasonable emergency\\nintervention to prevent imminent risk of harm to a person receiving\\nservices or to any other person. For purposes of this subdivision, a\\n\"restraint\" shall include the use of any manual, pharmacological or\\nmechanical measure or device to immobilize or limit the ability of a\\nperson receiving services to freely move his or her arms, legs or body.\\n (e) \"Use of aversive conditioning,\" which shall mean the application\\nof a physical stimulus that is intended to induce pain or discomfort in\\norder to modify or change the behavior of a person receiving services in\\nthe absence of a person-specific authorization by the operating,\\nlicensing or certifying state agency pursuant to governing state agency\\nregulations. Aversive conditioning may include but is not limited to,\\nthe use of physical stimuli such as noxious odors, noxious tastes,\\nblindfolds, the withholding of meals and the provision of substitute\\nfoods in an unpalatable form and movement limitations used as\\npunishment, including but not limited to helmets and mechanical\\nrestraint devices.\\n (f) \"Obstruction of reports of reportable incidents,\" which shall mean\\nconduct by a custodian that impedes the discovery, reporting or\\ninvestigation of the treatment of a service recipient by falsifying\\nrecords related to the safety, treatment or supervision of a service\\nrecipient, actively persuading a mandated reporter from making a report\\nof a reportable incident to the statewide vulnerable persons' central\\nregister with the intent to suppress the reporting of the investigation\\nof such incident, intentionally making a false statement or\\nintentionally withholding material information during an investigation\\ninto such a report; intentional failure of a supervisor or manager to\\nact upon such a report in accordance with governing state agency\\nregulations, policies or procedures; or, for a mandated reporter who is\\na custodian as defined in subdivision two of this section, failing to\\nreport a reportable incident upon discovery.\\n (g) \"Unlawful use or administration of a controlled substance,\" which\\nshall mean any administration by a custodian to a service recipient of:\\na controlled substance as defined by article thirty-three of the public\\nhealth law, without a prescription; or other medication not approved for\\nany use by the federal food and drug administration, except for the\\nadministration of medical cannabis when such administration is in\\naccordance with article three of the cannabis law, and any regulations\\npromulgated thereunder, as well as the policies or procedures of the\\nfacility or provider agency governing such custodians. It also shall\\ninclude a custodian unlawfully using or distributing a controlled\\nsubstance as defined by article thirty-three of the public health law,\\nat the workplace or while on duty.\\n (h) \"Neglect,\" which shall mean any action, inaction or lack of\\nattention that breaches a custodian's duty and that results in or is\\nlikely to result in physical injury or serious or protracted impairment\\nof the physical, mental or emotional condition of a service recipient.\\nNeglect shall include, but is not limited to: (i) failure to provide\\nproper supervision, including a lack of proper supervision that results\\nin conduct between persons receiving services that would constitute\\nabuse as described in paragraphs (a) through (g) of this subdivision if\\ncommitted by a custodian; (ii) failure to provide adequate food,\\nclothing, shelter, medical, dental, optometric or surgical care,\\nconsistent with the rules or regulations promulgated by the state agency\\noperating, certifying or supervising the facility or provider agency,\\nprovided that the facility or provider agency has reasonable access to\\nthe provision of such services and that necessary consents to any such\\nmedical, dental, optometric or surgical treatment have been sought and\\nobtained from the appropriate individuals; or (iii) failure to provide\\naccess to educational instruction, by a custodian with a duty to ensure\\nthat an individual receives access to such instruction in accordance\\nwith the provisions of part one of article sixty-five of the education\\nlaw and/or the individual's individualized education program.\\n (i) \"Significant incident\" shall mean an incident, other than an\\nincident of abuse or neglect, that because of its severity or the\\nsensitivity of the situation may result in, or has the reasonably\\nforeseeable potential to result in, harm to the health, safety or\\nwelfare of a person receiving services and shall include but shall not\\nbe limited to:\\n (1) conduct between persons receiving services that would constitute\\nabuse as described in paragraphs (a) through (g) of this subdivision if\\ncommitted by a custodian; or\\n (2) conduct on the part of a custodian, which is inconsistent with a\\nservice recipient's individual treatment plan or individualized\\neducational program, generally accepted treatment practices and/or\\napplicable federal or state laws, regulations or policies and which\\nimpairs or creates a reasonably foreseeable potential to impair the\\nhealth, safety or welfare of a person receiving services, including but\\nnot limited to:\\n (A) unauthorized seclusion, which shall mean the placement of a person\\nreceiving services in a room or area from which he or she cannot, or\\nperceives that he or she cannot, leave at will;\\n (B) unauthorized use of time-out, which shall mean the use of a\\nprocedure in which a person receiving services is removed from regular\\nprogramming and isolated in a room or area for the convenience of a\\ncustodian, or as a substitute for programming but shall not include the\\nuse of a time-out as an emergency intervention to protect the health or\\nsafety of the individual or other persons;\\n (C) except as provided for in paragraph (g) of subdivision one of this\\nsection, the administration of a prescribed or over-the-counter\\nmedication, which is inconsistent with a prescription or order issued\\nfor a service recipient by a licensed, qualified health care\\npractitioner, and which has an adverse effect on a service recipient.\\nFor purposes of this paragraph, \"adverse effect\" shall mean the\\nunanticipated and undesirable side effect from the administration of a\\nparticular medication which unfavorably affects the well-being of a\\nservice recipient;\\n (D) inappropriate use of restraints, which shall mean the use of a\\nrestraint when the technique that is used, the amount of force that is\\nused or the situation in which the restraint is used is inconsistent\\nwith a service recipient's individual plan, generally accepted treatment\\npractices and/or applicable federal or state laws, regulations or\\npolicies. For the purposes of this subdivision, a \"restraint\" shall\\ninclude the use of any manual, pharmacological or mechanical measure or\\ndevice to immobilize or limit the ability of a person receiving services\\nto freely move his or her arms, legs or body; or\\n (3) any other conduct identified in regulations of the state oversight\\nagency, pursuant to guidelines or standards established by the executive\\ndirector.\\n 2. \"Custodian\" means a director, operator, employee or volunteer of a\\nfacility or provider agency; or a consultant or an employee or volunteer\\nof a corporation, partnership, organization or governmental entity which\\nprovides goods or services to a facility or provider agency pursuant to\\ncontract or other arrangement that permits such person to have regular\\nand substantial contact with individuals who are cared for by the\\nfacility or provider agency.\\n 3. \"Executive director\" shall mean the executive director of the\\njustice center for the protection of people with special needs as\\nestablished by article twenty of the executive law.\\n 4. \"Facility\" or \"provider agency\" shall mean:\\n (a) a facility or program in which services are provided and which is\\noperated, licensed or certified by the office of mental health, the\\noffice for people with developmental disabilities or the office of\\naddiction services and supports, including but not limited to\\npsychiatric centers, inpatient psychiatric units of a general hospital,\\ndevelopmental centers, intermediate care facilities, community\\nresidences, group homes and family care homes, provided, however, that\\nsuch term shall not include a secure treatment facility as defined in\\nsection 10.03 of the mental hygiene law, services defined in paragraphs\\nfour and five of subdivision (a) of section 16.03 of the mental hygiene\\nlaw, or services provided in programs or facilities that are operated by\\nthe office of mental health and located in state correctional facilities\\nunder the jurisdiction of the department of corrections and community\\nsupervision;\\n (b) any program or facility that is operated by the office of children\\nand family services for juvenile delinquents or juvenile offenders\\nplaced in the custody of the commissioner of such office and any\\nresidential programs or facilities licensed or certified by the office\\nof children and family services, excluding foster family homes and\\nresidential programs for victims of domestic violence;\\n (c) adult care facilities, which shall mean adult homes or enriched\\nhousing programs licensed pursuant to article seven of this chapter: (i)\\n(A) that have a licensed capacity of eighty or more beds; and (B) in\\nwhich at least twenty-five percent of the residents are persons with\\nserious mental illness as defined by subdivision fifty-two of section\\n1.03 of the mental hygiene law; (ii) but not including an adult home or\\nenriched housing program which is authorized to operate fifty-five\\npercent or more of its total licensed capacity of beds as assisted\\nliving program beds pursuant to section four hundred sixty-one-l of this\\nchapter;\\n (d) any overnight, summer day and traveling summer day camps for\\nchildren with developmental disabilities as defined in regulations\\npromulgated by the commissioner of health; or\\n (e) the New York state school for the blind and the New York state\\nschool for the deaf, which operate pursuant to articles eighty-seven and\\neighty-eight of the education law; an institution for the instruction of\\nthe deaf and the blind which has a residential component and is subject\\nto the visitation of the commissioner of education pursuant to article\\neighty-five of the education law with respect to its day and residential\\ncomponents; special act school districts serving students with\\ndisabilities; or in-state private schools which have been approved by\\nthe commissioner of education for special education services or\\nprograms, and which have a residential program.\\n 4-a. \"State oversight agency\" shall mean the state agency that\\noperates, licenses or certifies an applicable facility or provider\\nagency; provided however that such term shall only include the following\\nentities: the office of mental health, the office for people with\\ndevelopmental disabilities, the office of alcoholism and substance abuse\\nservices, the office of children and family services, the department of\\nhealth and the state education department. \"State oversight agency\" does\\nnot include agencies that are certification agencies pursuant to federal\\nlaw or regulation.\\n 5. \"Mandated reporter\" shall mean a custodian or a human services\\nprofessional, but shall not include a service recipient.\\n 5-a. \"Human services professional\" shall mean any: physician;\\nregistered physician assistant; surgeon; medical examiner; coroner;\\ndentist; dental hygienist; osteopath; optometrist; chiropractor;\\npodiatrist; resident; intern; psychologist; registered nurse; licensed\\npractical nurse; nurse practitioner; social worker; emergency medical\\ntechnician; licensed creative arts therapist; licensed marriage and\\nfamily therapist; licensed mental health counselor; licensed\\npsychoanalyst; licensed behavior analyst; certified behavior analyst\\nassistant; licensed speech/language pathologist or audiologist; licensed\\nphysical therapist; licensed occupational therapist; hospital personnel\\nengaged in the admission, examination, care or treatment of persons;\\nChristian Science practitioner; school official, which includes but is\\nnot limited to school teacher, school guidance counselor, school\\npsychologist, school social worker, school nurse, school administrator\\nor other school personnel required to hold a teaching or administrative\\nlicense or certificate; full or part-time compensated school employee\\nrequired to hold a temporary coaching license or professional coaching\\ncertificate; social services worker; any other child care or foster care\\nworker; mental health professional; person credentialed by the office of\\nalcoholism and substance abuse services; peace officer; police officer;\\ndistrict attorney or assistant district attorney; investigator employed\\nin the office of a district attorney; or other law enforcement official.\\n 6. \"Physical injury\" and \"impairment of physical condition\" shall mean\\nany confirmed harm, hurt or damage resulting in a significant worsening\\nor diminution of an individual's physical condition.\\n 7. \"Delegate investigatory entity\" shall mean a facility or provider\\nagency, or any other entity authorized by the regulations of a state\\noversight agency or the justice center for the protection of people with\\nspecial needs to conduct an investigation of a reportable incident.\\n 8. \"Justice center\" shall mean the justice center for the protection\\nof people with special needs.\\n 9. \"Person receiving services,\" or \"service recipient\" shall mean an\\nindividual who resides or is an inpatient in a residential facility or\\nwho receives services from a facility or provider agency.\\n 10. \"Personal representative\" shall mean a person authorized under\\nstate, tribal, military or other applicable law to act on behalf of a\\nvulnerable person in making health care decisions or, for programs that\\nserve children under the jurisdiction of the state education department\\nor the office of children and family services, the service recipient's\\nparent, guardian or other person legally responsible for such person.\\n 11. \"Abuse or neglect\" shall mean the conduct described in paragraphs\\n(a) through (h) of subdivision one of this section.\\n 12. \"Subject of the report\" shall mean a custodian, as defined in\\nsubdivision two of this section, who is reported to the vulnerable\\npersons' central register for the alleged abuse or neglect of a\\nvulnerable person as defined in subdivision eleven of this section.\\n 13. \"Other persons named in the report\" shall mean and be limited to\\nthe following persons who are named in a report to the vulnerable\\npersons' central register other than the subject of the report: the\\nservice recipient whose care and treatment is the concern of a report to\\nthe vulnerable persons' central register, and the personal\\nrepresentative, if any, as defined in subdivision ten of this section.\\n 14. \"Vulnerable persons' central register\" shall mean the statewide\\ncentral register of reportable incidents involving vulnerable persons,\\nwhich shall operate in accordance with section four hundred ninety-two\\nof this article.\\n 15. \"Vulnerable person\" shall mean a person who, due to physical or\\ncognitive disabilities, or the need for services or placement, is\\nreceiving services from a facility or provider agency.\\n 16. \"Intentionally\" and \"recklessly\" shall have the same meanings as\\nprovided in subdivisions one and three of section 15.05 of the penal\\nlaw.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "489", "title" : "Applicability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "489", "activeDate" : "2014-09-22", "sequenceNo" : 794, "repealedDate" : null, "fromSection" : "489", "toSection" : "489", "text" : " § 489. Applicability. The provisions of this article shall apply to\\nfacilities and provider agencies provided, however, nothing in this\\narticle shall be deemed to relieve any facility or provider agency or\\ncustodian thereof covered by this article of its or their obligations to\\ncomply with the requirements of federal laws or regulations to which\\nthat facility, provider agency or custodian thereof is subject,\\nincluding any requirements that are a condition of federal financial\\nparticipation in medical assistance payments. To the extent that federal\\nrequirements conflict with any of the provisions in this article, the\\nfederal requirements shall supersede the conflicting provisions in this\\narticle with respect to any such facility or provider agency.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "490", "title" : "Incident management programs", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2021-04-09" ], "docLevelId" : "490", "activeDate" : "2021-04-09", "sequenceNo" : 795, "repealedDate" : null, "fromSection" : "490", "toSection" : "490", "text" : " § 490. Incident management programs. 1. Each state oversight agency,\\nas defined in this article, shall promulgate regulations approved by the\\njustice center, that contain procedures and requirements consistent with\\nguidelines and standards developed by the justice center, addressing the\\nfollowing issues relating to an incident management program; provided,\\nhowever, that regulations of the state education department need not be\\napproved by the justice center, but shall be developed in consultation\\nwith the justice center:\\n (a) all reportable incidents are identified and reported in a timely\\nmanner in accordance with this article;\\n (b) all reportable incidents are promptly investigated;\\n (c) individual reportable incidents, and incident patterns and trends,\\nare reviewed to identify and implement preventive and corrective\\nactions, which may include, but shall not be limited to, staff\\nretraining or any appropriate disciplinary action allowed by law or\\ncontract, as well as opportunities for improvement;\\n (d) patterns and trends in the reporting and response to allegations\\nof reportable incidents are reviewed and plans of improvement are timely\\ndeveloped based on such reviews;\\n (e) information regarding individual reportable incidents, incident\\npatterns and trends, and patterns and trends in the reporting and\\nresponse to reportable incidents is shared, consistent with applicable\\nlaw, with the justice center, in the form and manner required by the\\njustice center and, for facilities or provider agencies that are not\\nstate operated, with the applicable state oversight agency which shall\\nprovide such information to the justice center;\\n (f) incident review committees are established; provided, however,\\nthat the regulations may authorize an exemption from this requirement,\\nwhen appropriate, based on the size of the facility or provider agency\\nor other relevant factors. Such committees shall be composed of members\\nof the governing body of the facility or provider agency and other\\npersons identified by the director of the facility or provider agency,\\nincluding some members of the following: direct support staff, licensed\\nhealth care practitioners, service recipients and representatives of\\nfamily, consumer and other advocacy organizations, but not the director\\nof the facility or provider agency. Such committee shall meet regularly\\nto: (i) review the timeliness, thoroughness and appropriateness of the\\nfacility or provider agency's responses to reportable incidents; (ii)\\nrecommend additional opportunities for improvement to the director of\\nthe facility or provider agency, if appropriate; (iii) review incident\\ntrends and patterns concerning reportable incidents; and (iv) make\\nrecommendations to the director of the facility or provider agency to\\nassist in reducing reportable incidents. Members of the committee shall\\nbe trained in confidentiality laws and regulations, and shall comply\\nwith section seventy-four of the public officers law; and\\n (g) safe storage, administration, and diversion prevention policies\\nregarding controlled substances and medical cannabis.\\n 2. Notwithstanding any other provision of law, except as may be\\nprovided by section 33.25 of the mental hygiene law, records, reports or\\nother information maintained by the justice center, state oversight\\nagencies, delegate investigatory entities, and facilities and provider\\nagencies regarding the deliberations of an incident review committee\\nshall be confidential, provided that nothing in this article shall be\\ndeemed to diminish or otherwise derogate the legal privilege afforded to\\nproceedings, records, reports or other information relating to a quality\\nassurance function, including the investigation of an incident reported\\npursuant to section 29.29 of the mental hygiene law, as provided in\\nsection sixty-five hundred twenty-seven of the education law. For\\npurposes of this section, a quality assurance function is a process for\\nsystematically monitoring and evaluating various aspects of a program,\\nservice or facility to ensure that standards of care are being met.\\n 3. No member of an incident review committee performing a quality\\nassurance function shall be permitted or required to testify in a\\njudicial or administrative proceeding with respect to quality assurance\\nfindings, recommendations, evaluations, opinions or actions taken,\\nexcept that this provision is not intended to relieve any state\\noversight agency, delegate investigatory entity, facility or provider\\nagency, or an agent thereof, from liability arising from treatment of a\\nservice recipient.\\n 4. There shall be no monetary liability on the part of, and no cause\\nof action for damages shall arise against, any person on account of\\nparticipating in good faith and with reasonable care in the\\ncommunication of information in the possession of such person to an\\nincident review committee, or on account of any recommendation or\\nevaluation regarding the conduct or practices of any custodian that is\\nmade in good faith and with reasonable care.\\n 5. With respect to the implementation of incident management plans in\\nresidential schools or facilities located outside of New York state,\\neach state oversight agency shall require that: (a) the justice center,\\nthe applicable state oversight agency and any local social services\\ndistrict and/or local educational agency placing an individual with such\\nfacility or school or state agency funding the placement of an\\nindividual or student be notified immediately of any allegation of abuse\\nor neglect involving that individual or student; (b) an investigation be\\nconducted by the justice center, or where that is not practicable, by a\\nstate agency or other entity authorized or required to investigate\\ncomplaints of abuse or neglect under the laws of the state in which the\\nfacility or school is located; and (c) the findings of such\\ninvestigation be forwarded to the justice center and each placing entity\\nor funding agency in New York state within ninety days. Failure to\\ncomply with the requirements of this section shall be grounds for\\nrevocation or suspension of the license or approval of the out of state\\nfacility or school.\\n 6. Records of facilities or provider agencies not otherwise subject to\\narticle six of the public officers law shall be made available for\\npublic inspection and copying, when such records relate to abuse and\\nneglect of vulnerable persons, to the same extent that those records\\nwould be available from a state agency, as defined in such article.\\nRequests for such records shall be made in writing to the justice\\ncenter. The justice center may deny access to records of such facilities\\nor provider agencies, or portions thereof, that the justice center\\ndetermines would be exempt from disclosure by a state agency pursuant to\\nsuch article. The requesting party may appeal a denial of access to such\\nrecords to the executive director of the justice center. A requesting\\nparty denied access to a record in such appeal determination may bring a\\nproceeding for review of such denial pursuant to article seventy-eight\\nof the civil practice law and rules. The executive director of the\\njustice center shall promulgate regulations, consistent with the\\nprovisions of article six of the public officers law providing for the\\nprompt response to such requests. Facilities or provider agencies\\ncovered by this subdivision shall cooperate with the justice center and\\nprovide any records that the justice center deems subject to disclosure.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "491", "title" : "Duty to report incidents", "docType" : "SECTION", "publishedDates" : [ "2014-09-22", "2017-12-01", "2023-09-29" ], "docLevelId" : "491", "activeDate" : "2017-12-01", "sequenceNo" : 796, "repealedDate" : null, "fromSection" : "491", "toSection" : "491", "text" : " § 491. Duty to report incidents. 1. (a) Mandated reporters shall\\nreport allegations of reportable incidents to the vulnerable persons'\\ncentral register as established by section four hundred ninety-two of\\nthis article and in accordance with the requirements set forth therein.\\n (b) Allegations of reportable incidents shall be reported immediately\\nto the vulnerable persons' central register upon discovery. For purposes\\nof this article, \"discovery\" occurs when the mandated reporter witnesses\\na suspected reportable incident or when another person, including the\\nvulnerable person, comes before the mandated reporter in the mandated\\nreporter's professional or official capacity and provides the mandated\\nreporter with reasonable cause to suspect that the vulnerable person has\\nbeen subjected to a reportable incident. A report to the register shall\\ninclude the name, title and contact information of every person known to\\nthe mandated reporter to have the same information as the mandated\\nreporter concerning the reportable incident. Nothing in this subdivision\\nshall be construed to prohibit a mandated reporter from contacting or\\nreporting to law enforcement or emergency services before or after\\nreporting to the vulnerable persons' central register.\\n (c) The substance or content of any psychological, psychiatric,\\ntherapeutic, clinical or medical reports, evaluations or like materials\\nor information pertaining to the treatment of a patient or client of a\\nmandatory reporter who reports a reportable incident of such patient or\\nclient pursuant to this article, must be provided by such mandatory\\nreporter upon request of the justice center for the protection of people\\nwith special needs if such records are essential for a full\\ninvestigation of such allegation, notwithstanding any applicable\\nprivilege which would otherwise bar the disclosure of such materials and\\nrecords pursuant to article forty-five of the civil practice law and\\nrules or other provision of law except applicable federal law governing\\nthe disclosure of patient and related medical records.\\n 2. Any person or official required to report allegations of reportable\\nincidents pursuant to this section may take or cause to be taken color\\nphotographs of visible trauma and the face of the vulnerable person\\nnamed in the report and upon the consent of a person authorized to\\nconsent to medical care for the vulnerable person, shall, if medically\\nindicated, cause to be performed a radiological examination of the\\nvulnerable person. Any photographs or radiological examinations taken\\nshall be provided to the justice center for use only for the purposes of\\nan investigation of a reportable incident.\\n 3. (a) Any human services professional required by this article to\\nreport a case of suspected abuse or neglect to the vulnerable persons'\\ncentral register who knowingly and willfully fails to do so shall be\\nguilty of a class A misdemeanor.\\n (b) A mandated reporter who knowingly and willfully fails to report a\\ncase of suspected abuse or neglect to the vulnerable persons' central\\nregister may be subject to termination, subject to any applicable\\ncollective bargaining agreement. Any person or official required by this\\narticle to report a case of suspected abuse or neglect to the vulnerable\\npersons' central register who knowingly and willfully fails to do so\\nshall be civilly liable for the damages proximately caused by such\\nfailure.\\n 4. A medical or other public or private institution, state agency,\\nschool, facility or provider agency or its vendors or contractors shall\\nnot take any retaliatory personnel action, as such term is defined in\\nparagraph (e) of subdivision one of section seven hundred forty of the\\nlabor law, against an employee or agent or vendor or contractor because\\nsuch employee or agent or vendor or contractor believes that he or she\\nhas reasonable cause to suspect that a vulnerable person has been\\nsubjected to a reportable incident and that employee or agent or vendor\\nor contractor therefore makes a report in accordance with this section\\nand/or cooperated with the investigation of a reportable incident. A\\ncourt of competent jurisdiction may grant injunctive relief to any\\nperson determined to have been subjected to such retaliation.\\n 5. State oversight agencies shall ensure that all facilities or\\nprovider agencies operated, licensed, or certified by such state\\noversight agencies have policies and procedures in place to identify and\\nreport possible crimes against a service recipient by a custodian. State\\noversight agencies shall provide guidance to facilities or provider\\nagencies operated, licensed, or certified by such state oversight\\nagencies that do not already have policies and procedures for the\\nidentification and reporting of possible crimes.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "492", "title" : "Vulnerable persons' central register", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "492", "activeDate" : "2014-09-22", "sequenceNo" : 797, "repealedDate" : null, "fromSection" : "492", "toSection" : "492", "text" : " § 492. Vulnerable persons' central register. 1. There shall be\\nestablished in the justice center a statewide vulnerable persons'\\ncentral register. The register shall: (a) receive reports of allegations\\nof reportable incidents involving persons receiving services in\\nfacilities or provider agencies subject to the requirements of this\\narticle; (b) as warranted, refer reports alleging crimes to appropriate\\nlaw enforcement authorities; (c) notify appropriate persons and\\nofficials of received and accepted reports; and (d) maintain an\\nelectronic database of each report and the finding associated with each\\nreport. In accordance with this section, the executive director shall\\nestablish standards and procedures for the operation of the vulnerable\\npersons' central register.\\n 2. (a) The vulnerable persons' central register shall be staffed by\\npersons with at least a baccalaureate or equivalent college degree in a\\nrelevant field of study or at least two years of experience in the\\ndirect provision of services, adult or child protective services, and\\nany other qualifications identified by the executive director. Direct\\nservice provision shall include the care, investigation, assessment,\\ntreatment, or case planning for persons in facilities or programs\\ncovered by this article or equivalent facilities or programs. Vulnerable\\npersons' central register staff also shall have access to appropriate\\nlaw enforcement officers or others with law enforcement experience who\\nshall assist in screening reports that appear to allege criminal\\noffenses and help refer reports, as warranted, to appropriate law\\nenforcement authorities.\\n (b) The vulnerable persons' central register shall receive reports of\\nallegations of reportable incidents twenty-four hours per day, seven\\ndays a week. Mandated reporters shall make such reports in accordance\\nwith section four hundred ninety-one of this article; provided, however,\\nany person who has reasonable cause to suspect that a person receiving\\nservices has been subjected to a reportable incident may make such a\\nreport. In no event shall a report by a mandated reporter to the\\nvulnerable persons' central register eliminate the obligation of a\\nmandated reporter to report incidents in accordance with the applicable\\nlaws, regulations and policy of the applicable state oversight agency.\\n (c) Reports of allegations of reportable incidents shall be submitted,\\nby a statewide, toll-free telephone number (a \"hotline\") or by\\nelectronic transmission, in a manner and on forms prescribed by the\\nexecutive director. The information required on the reporting form shall\\ninclude but is not limited to: the name and contact information of the\\nperson or persons making the report, if available, and, if the report is\\nmade by a custodian, any other staff who have the same information; the\\nname and address of the facility or provider agency; the date, time,\\nspecific location and description of the incident; the name and contact\\ninformation of the subject of the reportable incident, if known; the\\nname of the vulnerable person alleged to have been subjected to a\\nreportable incident; the names of personal representatives for the\\nvulnerable person who is alleged to have been subjected to a reportable\\nincident, if known; and any other information or documentation that the\\nexecutive director believes may be helpful. The inability of a person\\nmaking a report to identify a subject shall, in no circumstance,\\nconstitute cause to reject such allegation for investigation or to fail\\nto refer such allegation for corrective action. The hotline shall accept\\nanonymous calls.\\n 3. (a) When any allegation that could reasonably constitute a\\nreportable incident is received by the register, the register shall\\naccept and immediately transmit notice of the report orally or\\nelectronically to the appropriate state oversight agency and, as\\nappropriate, to the director or operator of that facility or provider\\nagency.\\n (b) Whenever a telephone call or electronic transmission to the\\nvulnerable persons' central register alleges an act or circumstances\\nthat may constitute a criminal offense or an immediate threat to a\\nvulnerable person's health, safety or welfare, the register shall\\nconvey, by the most expedient means available, the information contained\\nin such call or transmission to the appropriate law enforcement agency\\nor district attorney and, to the extent necessary, the appropriate\\nemergency responder, and the state oversight agency.\\n (c) The justice center is responsible for commencing an investigation\\nof all allegations of reportable incidents that are accepted by the\\nvulnerable persons' central register. With respect to such an\\ninvestigation, the justice center shall:\\n (i) upon acceptance of a report of a reportable incident by the\\nvulnerable persons' central register, promptly commence an appropriate\\ninvestigation;\\n (ii) take all appropriate measures to protect the life and health of\\nthe person who is the alleged victim of a reportable incident, which may\\ninclude working with the state oversight agency to take immediate steps\\nto remove the vulnerable person from his or her current facility or\\nprogram or to remove or suspend a subject from a facility or program,\\nsubject to any applicable collective bargaining agreement, if the\\njustice center has reasonable cause to believe that the circumstances or\\ncondition of the vulnerable person are such that continuing the\\nvulnerable person in his or her place of residence or program, or that\\ncontinuing such subject in his or her current facility or program,\\npresents an imminent danger to the vulnerable person's life or health;\\n (iii) determine whether the subject of the report is currently the\\nsubject of an open or substantiated report in the vulnerable persons'\\ncentral register;\\n (iv) contact the statewide central register of child abuse and\\nmaltreatment to determine whether the subject of the report has been or\\nis currently the subject of an indicated child abuse and maltreatment\\nreport on file with the statewide central register of child abuse and\\nmaltreatment;\\n (v) if it is discovered that the subject of a report has one or more\\nsubstantiated reports of abuse or neglect or indicated reports of child\\nabuse or maltreatment in the statewide central register of child abuse\\nand maltreatment and an investigation was or investigations were\\nconducted by a different state agency, or a local child protective\\nservice, contact all known agencies or services who investigated such\\nprevious report or reports to obtain information on such reports in\\naccordance with section four hundred ninety-six of this article;\\n (vi) notify the personal representative of the person alleged to have\\nbeen abused or neglected and, except in the case of a criminal\\ninvestigation, or if the executive director or his or her designee\\ndetermines that doing so would interfere with any ongoing investigation,\\nnotify the subject or subjects of the report and any other persons named\\nin the report in writing of the existence of the report; provided,\\nhowever, that such notification may be limited in accordance with\\nsubdivision (c) of section 33.16 of the mental hygiene law;\\n (vii) if a report of a reportable incident to the vulnerable persons'\\ncentral register involves the death of a person, the justice center\\nshall give telephone notice and immediately send a copy of the report to\\nthe appropriate district attorney and to the medical examiner or\\ncoroner. The medical examiner or coroner shall conduct a prompt\\ninvestigation and shall forward a preliminary written report of his or\\nher findings within sixty days of the date of death, absent\\nextraordinary circumstances, and his or her final written report\\npromptly, absent extraordinary circumstances, to the appropriate\\ndistrict attorney, the appropriate law enforcement official, the state\\nagency responsible for overseeing the investigation, the justice center\\nmedical review board and, if the death occurred in a hospital, the\\nhospital;\\n (viii) submit reportable incident findings to the vulnerable persons'\\ncentral register in accordance with section four hundred ninety-three of\\nthis article;\\n (ix) notify the applicable state oversight agency and the director or\\noperator, where appropriate, to develop a plan of prevention or\\nremediation that the facility or program must implement in response to\\nthe report's findings which must be approved and its implementation\\nmonitored by the justice center or the state oversight agency, as\\nappropriate; and\\n (x) refer suspected cases of falsely reporting abuse or neglect in\\nviolation of subdivision four of section 240.50 of the penal law to the\\nappropriate law enforcement agency or district attorney for\\ninvestigation and prosecution.\\n (d) Whenever a telephone call or electronic transmission to the\\nvulnerable persons' central register cannot be accepted as a report, but\\nthe information provided alleges other potential wrongdoing at a\\nfacility or provider agency, the register shall forward the report to\\nthe applicable state oversight agency for investigation and protective\\nactions, as needed, pursuant to section four hundred ninety-one of this\\narticle.\\n 4. The justice center shall maintain and keep up-to-date records of\\nall incidents reported, together with any additional information\\nobtained during an investigation of such a report and a record of the\\nfinal disposition of the report.\\n 5. The vulnerable persons' central register shall maintain an\\nelectronic database of all accepted reports of reportable incidents.\\nState oversight agencies shall have access to information in the\\ndatabase, limited to cases involving facilities or provider agencies\\nunder their jurisdiction.\\n (a) A unique identifier shall be assigned to each report by the\\nvulnerable persons' central register.\\n (b) The register shall include the following information for each\\nreport: a record of the final disposition of the report; the names and\\nidentifying data; dates and circumstances of any person requesting or\\nreceiving information from the register; whether the person making the\\nreport authorized the disclosure of his or her name and personally\\nidentifiable information; and any other information that the executive\\ndirector, in consultation with the commissioners of the state oversight\\nagencies covered by this article, identifies as furthering the purposes\\nof this article and complying with state and federal regulations\\nregarding the security and confidentiality of individually identifying\\nhealth information.\\n 6. The justice center shall review such electronic database to\\nidentify incident patterns and trends, and implement preventive and\\ncorrective actions, and to identify patterns and trends in the reporting\\nand response to allegations of reportable incidents and develop plans of\\nimprovement based on such reviews.\\n 7. (a) General information about the existence and purposes of the\\nvulnerable persons' central register and how to make a report to the\\nregister shall be made available on the website of the justice center,\\nwith links to such information provided on the websites of each of the\\nstate oversight agencies covered by this article.\\n (b) The justice center, in collaboration with the state oversight\\nagencies covered by this article, shall develop and widely distribute\\nwritten information explaining the reporting requirements and processes\\nconsistent with this article. In addition, upon a vulnerable person's\\ncommencement of the receipt of services by a facility or a provider\\nagency, personal representatives shall be provided with such\\ninformation, and such information shall be made available upon request\\nto any person.\\n (c) The justice center, in collaboration with the state agencies\\noperating, licensing or certifying facilities or the provider agencies\\ncovered by this article, shall provide mandated reporters with written\\ninformation explaining the reporting requirements in accordance with\\nthis article.\\n (d) The justice center shall develop and implement programs to\\npublicly recognize and value the contributions of reporters of\\nallegations of reportable incidents whose actions prompt corrections and\\nimprovements in the service system; provided, however, that the name and\\nother personally identifiable information of such reporter shall not be\\nshared unless such person authorizes disclosure.\\n 8. In a case where a subject of a report of alleged abuse or neglect\\nresigns from his or her position or is terminated while under\\ninvestigation, the state operating agency or the applicable facility or\\nprovider agency shall promptly report such resignation or termination to\\nthe justice center. The investigation of the report shall continue\\ndespite the resignation or termination of such subject.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "493", "title" : "Abuse and neglect findings; consequences", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "493", "activeDate" : "2014-09-22", "sequenceNo" : 798, "repealedDate" : null, "fromSection" : "493", "toSection" : "493", "text" : " § 493. Abuse and neglect findings; consequences. 1. Within sixty days\\nof the vulnerable persons' central register accepting a report of an\\nallegation of abuse or neglect, the justice center shall cause the\\nfindings of the investigation to be entered into the vulnerable persons'\\ncentral register. The justice center may take additional time to enter\\nsuch findings into the vulnerable persons' central register; provided,\\nhowever, that the reasons for any delay must be documented and such\\nfindings submitted as soon thereafter as practicably possible.\\n 2. For substantiated reports of abuse or neglect in facilities or\\nprovider agencies in receipt of medical assistance, such information\\nshall also be forwarded by the justice center to the office of the\\nMedicaid inspector general when such abuse or neglect may be relevant to\\nan investigation of unacceptable practices as such practices are defined\\nin regulations of the office of the Medicaid inspector general.\\n 3. (a) A finding shall be based on a preponderance of the evidence and\\nshall indicate whether: (i) the alleged abuse or neglect is\\nsubstantiated because it is determined that the incident occurred and\\nthe subject of the report was responsible or, if no subject can be\\nidentified and an incident occurred, that, the facility or provider\\nagency was responsible; or (ii) the alleged abuse or neglect is\\nunsubstantiated because it is determined not to have occurred or the\\nsubject of the report was not responsible, or because it cannot be\\ndetermined that the incident occurred or that the subject of the report\\nwas responsible. A report shall not be determined to be substantiated or\\nunsubstantiated solely because the subject of a report resigns during an\\ninvestigation.\\n (b) In conjunction with the possible findings identified in paragraph\\n(a) of this subdivision, a concurrent finding may be made that a\\nsystemic problem caused or contributed to the occurrence of the\\nincident.\\n (c) The justice center shall notify the subject of the report, the\\nfacility or provider agency where the abuse or neglect was alleged to\\nhave occurred, the applicable state oversight agency and other persons\\nnamed in the report, which includes the service recipient's parent,\\nguardian or other person legally responsible for such person, of the\\nfindings of the investigation and, as applicable, the local social\\nservices commissioner or school district that placed the individual in\\nthe facility or provider agency, the office of children and family\\nservices and any attorney for the individual whose appointment has been\\ncontinued by a family court judge during the term of an individual's\\nplacement, in accordance with applicable state and federal laws and\\nregulations governing the use and disclosure of records. If the report\\nis substantiated, the justice center shall also notify the subject of\\nthe report of his or her rights to request that the report be amended\\nand the procedure by which he or she may seek to amend the report in\\naccordance with section four hundred ninety-four of this article.\\n (d) A report that is found to be unsubstantiated shall be sealed\\nimmediately.\\n 4. Substantiated reports of abuse or neglect shall be categorized into\\none or more of the following four categories, as applicable:\\n (a) Category one conduct is serious physical abuse, sexual abuse or\\nother serious conduct by custodians, which includes and shall be limited\\nto:\\n (i) intentionally or recklessly causing physical injury as defined in\\nsubdivision nine of section 10.00 of the penal law, or death, serious\\ndisfigurement, serious impairment of health or loss or impairment of the\\nfunction of any bodily organ or part, or consciously disregarding a\\nsubstantial and unjustifiable risk that such physical injury, death,\\nimpairment or loss will occur;\\n (ii) a knowing, reckless or criminally negligent failure to perform a\\nduty that: results in physical injury that creates a substantial risk of\\ndeath; causes death or serious disfigurement, serious impairment of\\nhealth or loss or impairment of the function of any bodily organ or\\npart, a substantial and protracted diminution of a service recipient's\\npsychological or intellectual functioning, supported by a clinical\\nassessment performed by a physician, psychologist, psychiatric nurse\\npractitioner, licensed clinical or master social worker or licensed\\nmental health counselor; or is likely to result in either;\\n (iii) threats, taunts or ridicule that is likely to result in a\\nsubstantial and protracted diminution of a service recipient's\\npsychological or intellectual functioning, supported by a clinical\\nassessment performed by a physician, psychologist, psychiatric nurse\\npractitioner, licensed clinical or master social worker or licensed\\nmental health counselor;\\n (iv) engaging in or encouraging others to engage in cruel or degrading\\ntreatment, which may include a pattern of cruel and degrading physical\\ncontact, of a service recipient, that results in a substantial and\\nprotracted diminution of a service recipient's psychological or\\nintellectual functioning, supported by a clinical assessment performed\\nby a physician, psychologist, psychiatric nurse practitioner, licensed\\nclinical or master social worker or licensed mental health counselor;\\n (v) engaging in or encouraging others to engage in any conduct in\\nviolation of article one hundred thirty of the penal law with a service\\nrecipient;\\n (vi) any conduct that is inconsistent with a service recipient's\\nindividual treatment plan or applicable federal or state laws,\\nregulations or policies, that encourages, facilitates or permits another\\nto engage in any conduct in violation of article one hundred thirty of\\nthe penal law, with a service recipient;\\n (vii) any conduct encouraging or permitting another to promote a\\nsexual performance, as defined in subdivision one of section 263.00 of\\nthe penal law, by a service recipient, or permitting or using a service\\nrecipient in any prostitution-related offense;\\n (viii) using or distributing a schedule I controlled substance, as\\ndefined by article thirty-three of the public health law, at the work\\nplace or while on duty;\\n (ix) unlawfully administering a controlled substance, as defined by\\narticle thirty-three of the public health law to a service recipient;\\n (x) intentionally falsifying records related to the safety, treatment\\nor supervision of a service recipient, including but not limited to\\nmedical records, fire safety inspections and drills and supervision\\nchecks when the false statement contained therein is made with the\\nintent to mislead a person investigating a reportable incident and it is\\nreasonably foreseeable that such false statement may endanger the\\nhealth, safety or welfare of a service recipient;\\n (xi) knowingly and willfully failing to report, as required by\\nparagraph (a) of subdivision one of section four hundred ninety-one of\\nthis article, any of the conduct in subparagraphs (i) through (ix) of\\nthis paragraph upon discovery;\\n (xii) for supervisors, failing to act upon a report of conduct in\\nsubparagraphs (i) through (x) of this paragraph as directed by\\nregulation, procedure or policy;\\n (xiii) intentionally making a materially false statement during an\\ninvestigation into a report of conduct described in subparagraphs (i)\\nthrough (x) of this paragraph with the intent to obstruct such\\ninvestigation; and\\n (xiv) intimidating a mandated reporter with the intention of\\npreventing him or her from reporting conduct described in subparagraphs\\n(i) through (x) of this paragraph or retaliating against any custodian\\nmaking such a report in good faith.\\n (b) Category two is substantiated conduct by custodians that is not\\notherwise described in category one, but conduct in which the custodian\\nseriously endangers the health, safety or welfare of a service recipient\\nby committing an act of abuse or neglect. Category two conduct under\\nthis paragraph shall be elevated to category one conduct when such\\nconduct occurs within three years of a previous finding that such\\ncustodian engaged in category two conduct. Reports that result in a\\ncategory two finding not elevated to a category one finding shall be\\nsealed after five years.\\n (c) Category three is abuse or neglect by custodians that is not\\notherwise described in categories one and two. Reports that result in a\\ncategory three finding shall be sealed after five years.\\n (d) Category four shall be conditions at a facility or provider agency\\nthat expose service recipients to harm or risk of harm where staff\\nculpability is mitigated by systemic problems such as inadequate\\nmanagement, staffing, training or supervision. Category four also shall\\ninclude instances in which it has been substantiated that a service\\nrecipient has been abused or neglected, but the perpetrator of such\\nabuse or neglect cannot be identified.\\n 5. (a) Category one findings shall result in permanent placement of\\nthe subject of the report on the vulnerable persons' central register in\\naccordance with section four hundred ninety-five of this article.\\n (b) Except when a custodian has a category two finding elevated to a\\ncategory one finding pursuant to this section, a custodian with a\\ncategory two finding shall be subject to progressive discipline. (For\\nstate entities bound by collective bargaining, such discipline\\nestablished by collective bargaining shall govern.) In conjunction with\\nsuch disciplinary action, the facility or provider agency shall develop\\na plan for training and any other actions to reduce the risk of\\nrecurrence of such conduct. Such plan must be approved by and its\\nimplementation monitored by the justice center or the state oversight\\nagency, as appropriate.\\n (c) With respect to a category three or four finding, the justice\\ncenter shall require the facility or provider agency to develop and\\nimplement a plan of prevention and remediation of the deficient\\nconditions. Such plan shall identify any systemic problem that led to\\nthe determination of a category three or four finding and include\\nsuggested corrective measures. Such plan must be approved by and its\\nimplementation monitored by the justice center or the state oversight\\nagency, as appropriate. In reviewing the continued qualifications of a\\nfacility or provider agency for an operating certificate, the state\\noversight agency shall evaluate such facility or provider agency's\\ncompliance with any plans of prevention and remediation resulting from\\ncategory three or four reports and take appropriate enforcement action,\\nwhich may include, but not be limited to, closing intake to the facility\\nor provider agency or terminating operating certificates for prolonged\\nor repeated failure to correct identified problems in accordance with\\napplicable state law or regulation.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "494", "title" : "Amendments to and appeals of substantiated reports of abuse or neglect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "494", "activeDate" : "2014-09-22", "sequenceNo" : 799, "repealedDate" : null, "fromSection" : "494", "toSection" : "494", "text" : " § 494. Amendments to and appeals of substantiated reports of abuse or\\nneglect. 1. (a) At any time subsequent to the completion of an\\ninvestigation of an allegation of abuse or neglect, but in no event\\nlater than thirty days after the subject of the report is notified that\\nthe report is substantiated, the subject may request that the vulnerable\\npersons' central register amend the findings of the report. If the\\nregister does not amend the findings of the report in accordance with\\nsuch request, the subject shall have the right to be heard before an\\nadministrative law judge, to determine whether the findings of the\\nreport should be amended on the grounds that they are inaccurate or\\ninconsistent with the provisions in this article. The office shall\\nestablish an appeals process by which the subject of the report is\\nnotified of the right to appeal and the procedure by which he or she may\\nchallenge the determination that a report is substantiated, with a de\\nnovo standard of review.\\n (b) If the administrative law judge determines that the justice center\\nfailed to prove by a preponderance of the evidence the finding that the\\nsubject committed the act or acts of abuse or neglect, the justice\\ncenter shall amend the record to reflect that such a finding was made,\\nand shall promptly notify the subject of the report and any other\\npersons or entities previously notified of the existence of the report\\nof the amended finding. Such report shall be sealed in accordance with\\nthe standards set forth in section four hundred ninety-six of this\\narticle.\\n 2. The justice center is authorized to make any appropriate order\\nrespecting the amendment of such findings of a report to make it\\naccurate or consistent with the requirements of this article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "495", "title" : "Register of substantiated category one cases of abuse or neglect", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "495", "activeDate" : "2014-09-22", "sequenceNo" : 800, "repealedDate" : null, "fromSection" : "495", "toSection" : "495", "text" : " § 495. Register of substantiated category one cases of abuse or\\nneglect. 1. The justice center shall develop and maintain a register of\\nsubjects of reports who have been found to have a substantiated category\\none case of abuse or neglect, in accordance with paragraph (a) of\\nsubdivision four of section four hundred ninety-three of this article,\\nand who have: (a) not requested an amendment of the findings of the\\nreport in the time specified in subdivision one of section four hundred\\nninety-four of this article; or (b) been heard pursuant to such\\nsubdivision and all the findings of the report were not amended to be\\nunsubstantiated.\\n 2. All facility and provider agencies, other providers of services to\\nvulnerable persons in programs licensed, certified or funded by any\\nstate oversight agency and other provider and licensing agencies as\\ndefined in subdivision three or four of section four hundred\\ntwenty-four-a of this chapter shall check the register of substantiated\\ncategory one cases of abuse or neglect before determining whether to\\nhire or otherwise allow any person as an employee, administrator,\\nconsultant, intern, volunteer or contractor who will have the potential\\nfor regular and substantial contact with a service recipient or before\\napproving an applicant for a license, certificate, permit or other\\napproval to provide care to a service recipient. (For state entities\\nbound by collective bargaining, such action established by collective\\nbargaining shall govern.)\\n 3. If a person is listed on the register of substantiated category one\\ncases of abuse or neglect, a facility or provider agency and all other\\nproviders of services to vulnerable persons in programs licensed or\\ncertified by any state oversight agency shall not hire such a person to\\nhave regular and substantial contact with a service recipient in any\\nsuch facility or program. Other providers or licensing agencies as\\ndefined in subdivision three or four of section four hundred\\ntwenty-four-a of this chapter shall determine whether to hire or allow\\nsuch a person to have regular or substantial contact with a service\\nrecipient in accordance with the provisions of subdivision five of\\nsection four hundred twenty-four-a of this chapter.\\n 4. A custodian shall be subject to immediate termination if he or she\\nis convicted of any crime as defined in subdivision six of section 10.00\\nof the penal law that relates directly to the abuse or neglect of a\\nvulnerable person, or is placed on the register of substantiated\\ncategory one cases of abuse or neglect. (For state entities bound by\\ncollective bargaining, such action established by collective bargaining\\nshall govern.)\\n 5. Placement on the register shall be permanent, unless the office is\\nofficially notified of the individual's death.\\n 6. Nothing in this article shall diminish the rights or remedies\\notherwise available under law, regulation or appropriate collective\\nbargaining agreements of any facility or provider agency with respect to\\nthe termination or discipline of employees.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "496", "title" : "Confidentiality", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "496", "activeDate" : "2014-09-22", "sequenceNo" : 801, "repealedDate" : null, "fromSection" : "496", "toSection" : "496", "text" : " § 496. Confidentiality. 1. Unless an investigation of a report\\nconducted pursuant to this article has been substantiated, all\\ninformation, including information identifying the subject of the report\\nand other persons named in the report, shall be sealed forthwith by the\\nvulnerable persons' central register, the state oversight agency and the\\nfacility or provider agency. Such reports may only be unsealed and made\\navailable, consistent with any other applicable state or federal law,\\nto:\\n (a) the state agency operating, licensing or certifying a facility or\\nprogram for the purpose of monitoring or licensing such facility or\\nprogram;\\n (b) any state agency operating, licensing, or certifying a facility or\\nprovider agency when investigating a report of suspected abuse or\\nneglect involving the subject of a previously sealed report accepted by\\nthe vulnerable persons' central register;\\n (c) the subject of the report;\\n (d) a court of relevant jurisdiction or a law enforcement official\\nwhen such court or official verifies that the report is necessary to\\nconduct an active investigation or prosecution of a violation of\\nsubdivision four of section 240.50 of the penal law;\\n (e) the justice center medical review board, for the purposes of\\npreparing a fatality report pursuant to section five hundred fifty-six\\nof the executive law;\\n (f) the independent agency designated pursuant to subdivision (b) of\\nsection five hundred fifty-eight of the executive law, provided that\\nsuch information is relevant to a matter within the legal authority of\\nsuch agency; or\\n (g) other persons named in the report, as defined in subdivision\\nthirteen of section four hundred eighty-eight of this article which\\nincludes, but is not limited to, the service recipient's parent,\\nguardian or other person legally responsible for such person; provided,\\nhowever, that the names and other personally identifying information of\\ncustodians and other service recipients shall not be included unless\\nsuch custodians and service recipients authorize disclosure.\\nNotwithstanding the prohibitions on non-redisclosure set forth in the\\nclosing sentence of this subdivision, the service recipient, and such\\nservice recipient's parent, guardian or other person legally responsible\\nfor such service recipient may disclose information and reports made\\navailable pursuant to this paragraph to an attorney, who shall not\\nfurther disclose except as is necessary for use by such attorney in\\nrendering advice, assistance and representation.\\nWhen a report is unsealed, persons given access to it shall not\\nredisclose such reports except as necessary to conduct such appropriate\\ninvestigation or prosecution and shall request that the court redact any\\ncopies of such reports produced in any court proceeding to remove the\\nnames of those persons irrelevant to the proceeding such as the source\\nof the report, the name of the subject, and other persons named in the\\nreports; or that the court issue an order protecting the names of the\\nsubjects and other persons named in the reports from public disclosure.\\n 2. Reports made pursuant to this article and found to be substantiated\\nas well as any other information obtained, reports written or\\nphotographs taken concerning such reports in the possession of the\\njustice center, a state oversight agency, a delegate investigatory\\nentity, facility or provider agency covered by this article shall be\\nconfidential and shall not be disclosed to any other party unless\\nauthorized pursuant to this section or any other applicable state or\\nfederal law. In the event that other applicable state or federal law\\nprovisions are more restrictive than the provisions of this section, the\\nprovisions of such other state or federal law shall apply. In accordance\\nwith this section, such information shall be made available only to:\\n (a) a person who is the subject of the report;\\n (b) other persons named in the report, which includes, but is not\\nlimited to, the service recipient's parent, guardian or other person\\nlegally responsible for such person. Notwithstanding the prohibitions on\\nnon-redisclosure set forth in subdivision four of this section, the\\nservice recipient, and such service recipient's parent, guardian or\\nother person legally responsible for such service recipient may disclose\\ninformation and reports made available pursuant to this paragraph to an\\nattorney, who shall not further disclose except as is necessary for use\\nby such attorney in rendering advice, assistance and representation;\\n (c) the justice center;\\n (d) the applicable state oversight agency, the director or operator of\\nthe applicable facility or provider agency and, as appropriate, the\\nlocal social services commissioner, the commissioner of the office of\\nchildren and family services, or the school district placing the service\\nrecipient, or an agency providing adult protective services to the\\nservice recipient;\\n (e) a physician who has before him or her a service recipient whom he\\nor she reasonably suspects may be or may have been abused or neglected;\\n (f) a court, upon a finding that the information in the record is\\nrelevant to the determination of an issue before the court;\\n (g) a grand jury, upon a finding that the information in the record is\\nnecessary for the determination of charges before the grand jury;\\n (h) any appropriate state legislative committee responsible for\\nlegislation affecting vulnerable persons, provided, however, that no\\ninformation identifying or tending to identify the subjects of the\\nreport or other persons named in the report shall be made available;\\n (i) any person engaged in a bona fide research purpose; provided,\\nhowever, that no information identifying or tending to identify the\\nsubjects of the report or other persons named in the report shall be\\nmade available to the researcher unless it is absolutely essential to\\nthe research purpose and the justice center, after consultation with the\\ncommissioner of the applicable state oversight agency, gives prior\\napproval;\\n (j) a facility or provider agency, other providers of services to\\nvulnerable persons in programs licensed or certified by any state\\noversight agency, or any other provider agency as defined in subdivision\\nthree of section four hundred twenty-four-a of this chapter or a\\nlicensing agency as defined in subdivision four of section four hundred\\ntwenty-four-a of this chapter, in accordance with the provisions of\\nsubdivision two of section four hundred ninety-five of this article;\\n (k) a probation service regarding a person about whom it is conducting\\nan investigation pursuant to article three hundred ninety of the\\ncriminal procedure law, or a probation service or the department of\\ncorrections and community supervision regarding a person to whom the\\nservice or department is providing supervision pursuant to article sixty\\nof the penal law or article eight of the correction law, where the\\nservice or department requests the information upon a certification that\\nsuch information is necessary to conduct its investigation, that there\\nis reasonable cause to believe that the subject of an investigation is\\nthe subject of a substantiated report and that there is reasonable cause\\nto believe that such records are necessary to the investigation by the\\nprobation service or the department, provided, however, that only\\nsubstantiated reports shall be furnished pursuant to this subdivision;\\n (l) a district attorney, an assistant district attorney or\\ninvestigator employed by the office of a district attorney, a sworn\\nofficer of the division of state police, of the regional state park\\npolice, of a city police department, or of a county, town or village\\npolice department or county sheriff's office or department upon written\\nverification that such information is necessary to conduct a criminal\\ninvestigation or criminal prosecution of a person, and that there is\\nreasonable cause to believe that such person is the subject of a report;\\nprovided, however, that only substantiated reports shall be furnished\\npursuant to this subdivision;\\n (m) the New York city department of investigation; provided, however,\\nthat no information identifying the subjects of the report or other\\npersons named in the report shall be made available to the department of\\ninvestigation unless such information is essential to an investigation\\nwithin the legal authority of the department of investigation and the\\njustice center or the applicable state oversight agency gives prior\\napproval;\\n (n) a provider or coordinator of services to which a facility or\\nprovider agency or social services district has referred a service\\nrecipient or a service recipient's family or to whom the service\\nrecipient or the recipient's family have referred themselves at the\\nrequest of such agency or social services district, when said service\\nrecipient is reported to the vulnerable persons' central register as the\\nvulnerable person and when the records, reports or other information are\\nnecessary to enable the provider or coordinator to establish and\\nimplement a plan of service for the service recipient or the service\\nrecipient's family, or to monitor the provision and coordination of\\nservices and the circumstances of the service recipient and the service\\nrecipient's family, or to directly provide services in accordance with\\nrequirements established by the applicable state oversight agency to the\\nextent that the sharing of such information is not otherwise prohibited\\nby federal law; provided, however, a provider or coordinator of services\\ngiven access to information concerning a service recipient pursuant to\\nthis paragraph shall be authorized to redisclose such information to\\nother persons or agencies which also provide services to the service\\nrecipient or the service recipient's family only if an agreement has\\nbeen or will be reached between the provider or coordinator of service\\nand such facility or provider agency, operating state agency or local\\ndistrict. An agreement entered into pursuant to this paragraph shall\\ninclude the specific agencies and categories of individuals to whom\\nredisclosure by the provider or coordinator of services is authorized.\\nPersons or agencies given access to information pursuant to this\\nparagraph may exchange such information in order to facilitate the\\nprovision or coordination of services to the service recipient or the\\nservice recipient's family;\\n (o) a disinterested person making an investigation pursuant to section\\none hundred sixteen of the domestic relations law, provided that such\\ndisinterested person shall only make this information available to the\\njudge before whom the adoption proceeding is pending;\\n (p) a criminal justice agency conducting an investigation of a missing\\nchild or vulnerable adult where there is reason to suspect information\\nin a substantiated report under this article is needed to further such\\ninvestigation;\\n (q) the director or operator of the facility or provider agency and,\\nas appropriate, the local social services commissioner, commissioner of\\nthe office of children and family services, or school district placing a\\nchild in that program, the applicable executive agency, and, for any\\nreport involving abuse or neglect of a child, any attorney appointed to\\nrepresent the child whose appointment has been continued by a family\\ncourt judge during the term of the placement and subject to the\\nlimitations contained in section four hundred ninety-five of this\\narticle;\\n (r) for any report alleging abuse or neglect of a child, a child\\nprotective service of another state when such service certifies that the\\nrecords and reports are necessary in order to conduct a child abuse or\\nmaltreatment investigation within its jurisdiction of the subject of the\\nreport and shall only be used for purposes of conducting such\\ninvestigation and will not be redisclosed to any other person or agency;\\n (s) an attorney for a child, appointed pursuant to section one\\nthousand sixteen of the family court act, at any time such appointment\\nis in effect, in relation to any report in which the respondent in the\\nproceeding in which the attorney for the child is appointed is the\\nsubject or another person named in the report, pursuant to sections one\\nthousand thirty-nine-a and one thousand fifty-two-a of the family court\\nact;\\n (t) officers and employees of the state comptroller, for purposes of a\\nduly authorized performance audit, provided that such comptroller shall\\nhave certified to the keeper of such records that he or she has\\ninstituted procedures developed in consultation with the justice center\\nto limit access to service recipient-identifiable information to persons\\nrequiring such information for purposes of the audit and that\\nappropriate controls and prohibitions are imposed on the dissemination\\nof service recipient-identifiable information contained in the conduct\\nof the audit.\\n (i) Information pertaining to the substance or content of any\\npsychological, psychiatric, therapeutic, clinical or medical reports,\\nevaluations or like materials or information pertaining to such\\nvulnerable person or such person's family shall not be made available to\\nsuch officers and employees unless disclosure of such information is\\nabsolutely essential to the specific audit activity and the justice\\ncenter gives prior written approval.\\n (ii) Any failure to maintain the confidentiality of service\\nrecipient-identifiable information shall subject such comptroller or\\nofficer to denial of any further access to records until such time as\\nthe audit agency has reviewed its procedures concerning controls and\\nprohibitions imposed on the dissemination of such information and has\\ntaken all reasonable and appropriate steps to eliminate such lapses in\\nmaintaining confidentiality to the satisfaction of the justice center.\\nSuch justice center shall establish the grounds for denial of access to\\nrecords contained under this section and shall recommend as necessary a\\nplan of remediation to the audit agency. Except as provided in this\\nsection, nothing in this subparagraph shall be construed as limiting the\\npowers of such comptroller or officer to access records which he or she\\nis otherwise authorized to audit or obtain under any other applicable\\nprovision of law;\\n (u) an entity with appropriate legal authority in another state to\\nlicense, certify or otherwise approve prospective foster and adoptive\\nparents where disclosure of information regarding the prospective foster\\nor adoptive parents and other persons over the age of eighteen residing\\nin the home of such prospective parents is required by paragraph twenty\\nof subdivision (a) of section six hundred seventy-one of title forty-two\\nof the United States Code;\\n (v) a social services official who is investigating whether an adult\\nis in need of protective services in accordance with the provisions of\\nsection four hundred seventy-three of this chapter or a child is in need\\nof child protective services pursuant to the provisions of title six of\\narticle six of this chapter, when such official has reasonable cause to\\nbelieve that such reports and information are needed to further the\\npresent investigation;\\n (w) for reports alleging abuse or neglect of children, members of a\\ncitizen review panel as established pursuant to section three hundred\\nseventy-one-b of this chapter; provided, however, such members shall not\\ndisclose to any person or governmental official any identifying\\ninformation which the panel has been provided and shall not make public\\nother information unless otherwise authorized by statute;\\n (x) officers and employees of the education department and, where\\napplicable, the department of health, for the purpose of investigating\\ncharges and maintaining professional discipline proceedings against the\\nprofessional license of the subject of the report pursuant to Title VIII\\nof the education law, and to employees of the education department for\\nthe purpose of investigating charges and maintaining good moral\\ncharacter proceedings against the teaching, school administrator or\\nschool leader certificate or license of the subject of the report; and\\n (y) the independent agency designated pursuant to subdivision (b) of\\nsection five hundred fifty-eight of the executive law, provided that\\nsuch information is relevant to a matter within the legal authority of\\nsuch agency.\\n 3. (a) The executive director, in consultation with the applicable\\nstate oversight agency may disclose information regarding the abuse or\\nneglect of a vulnerable person as set forth in this subdivision, and the\\ninvestigation thereof and any services related thereto, to persons other\\nthan those authorized to receive records under subdivision two of this\\nsection if otherwise permitted by applicable federal law and if he or\\nshe determines that such disclosure shall not be contrary to the best\\ninterests of the vulnerable person and any one of the following factors\\nare present:\\n (i) the subject of the report has been charged in an accusatory\\ninstrument with committing a crime related to a report maintained in the\\nvulnerable persons' central register; or\\n (ii) the investigation of the abuse or neglect of the vulnerable\\nperson or the provision of services by the facility or provider agency\\nhas been publicly disclosed in a report required to be disclosed in the\\ncourse of their official duties, by a law enforcement agency or\\nofficial, a district attorney, any other state or local investigative\\nagency or official, or by judge of the unified court system; or\\n (iii) there has been a prior knowing, voluntary, public disclosure by\\nan individual concerning a report of abuse or neglect in which such\\nindividual is named as the subject of the report; or\\n (iv) the vulnerable person named in the report has died or the report\\ninvolves the near fatality of a vulnerable person. For the purposes of\\nthis section, \"near fatality\" means an act that results in the\\nvulnerable person being placed, as certified by a physician, in serious\\nor critical condition.\\n (b) For the purposes of this subdivision, only the following\\ninformation may be disclosed:\\n (i) the name of the abused or neglected vulnerable person;\\n (ii) the determination by the justice center and the findings upon\\nwhich such determination was based;\\n (iii) identification of services provided or actions, if any, taken\\nregarding the vulnerable person named in the report and his or her\\nfamily as a result of any such report or reports;\\n (iv) whether any report of abuse or neglect regarding such vulnerable\\nperson has been \"substantiated\" as maintained by the vulnerable persons'\\ncentral register;\\n (v) any actions taken by the state oversight agency or the facility or\\nprovider agency in response to reports of abuse or neglect of the\\nvulnerable person to the vulnerable persons' central register, including\\nbut not limited to actions taken after each and every report of abuse or\\nneglect of such person and the dates of such reports; and\\n (vi) any extraordinary or pertinent information concerning the\\ncircumstances of the abuse or neglect of the vulnerable person and the\\ninvestigation thereof, where the executive director, in consultation\\nwith the commissioner of the applicable state oversight agency\\ndetermines such disclosure is consistent with the public interest.\\n (c) Information may be disclosed pursuant to this subdivision as\\nfollows:\\n (i) information released prior to the completion of the investigation\\nof a report shall be limited to a statement that a report is \"under\\ninvestigation\";\\n (ii) when there has been a prior disclosure pursuant to paragraph (a)\\nof this subdivision, information released in a case in which the\\ninvestigation of the report has been completed but not substantiated,\\ninformation shall be limited to the statement that \"the investigation\\nhas been completed and the report has been unsubstantiated\";\\n (iii) if the report has been \"substantiated\" then information may be\\nreleased pursuant to paragraph (a) of this subdivision.\\n (d) Any disclosure of information pursuant to this subdivision shall\\nbe consistent with the provisions of paragraph (b) of this subdivision.\\nSuch disclosure shall not identify or provide an identifying description\\nof the source of the report, and shall not identify the name of the\\nabused or neglected vulnerable person's siblings or children, the parent\\nor other person legally responsible for such person or any other members\\nof such person's household.\\n (e) In determining, pursuant to paragraph (a) of this subdivision,\\nwhether disclosure will be contrary to the best interests of the\\nvulnerable person, the executive director shall consider the interest in\\nprivacy of the vulnerable person and such person's siblings or children,\\nthe parent or other person legally responsible for such person or any\\nother members of such person's household.\\n (f) Except as it applies directly to the cause of the abuse or neglect\\nof the vulnerable person, nothing in this subdivision shall be deemed to\\nauthorize the release or disclosure of the substance or content of any\\npsychological, psychiatric, therapeutic, clinical or medical reports,\\nevaluations or like materials or information pertaining to such person\\nor such person's family. Any such information that applies directly to\\nthe cause of the abuse or neglect of the vulnerable person may be\\ndisclosed only if disclosure is not otherwise restricted by applicable\\nfederal or state laws.\\n 4. A person given access to the names or other information identifying\\nthe subject of the report or other persons named in the report shall not\\ndivulge or make public such identifying information unless he or she is\\na district attorney or other law enforcement official and the purpose is\\nto initiate court action or the disclosure is necessary in connection\\nwith the investigation or prosecution of the subject of the report for a\\ncrime alleged to have been committed by the subject against another\\nperson named in the report. Nothing in this section shall be construed\\nto permit any release, disclosure or identification of the names or\\nidentifying descriptions of persons who have reported suspected abuse or\\nneglect to the vulnerable persons' central register or the state\\noversight agency, facility or provider agency or other entity where such\\npersons are employed or with which they are associated without such\\npersons' written permission except to persons, officials, and agencies\\nenumerated in paragraphs (f), (g), (l), (m) and (v) of subdivision two\\nof this section. To the extent that persons or agencies are given access\\nto information pursuant to paragraphs (c), (d), (e), (k), (l), (m), (n)\\nand (p) of subdivision two of this section, such persons or agencies may\\ngive and receive such information to each other in order to facilitate\\nan investigation conducted, or the provision of services, by such\\npersons or agencies.\\n 5. Notwithstanding any contrary provision of this section, mental\\nhygiene legal service shall have access to all information, books,\\nrecords and data as provided for in subdivision (d) of section 47.03 of\\nthe mental hygiene law.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "497", "title" : "Immunity from liability", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "497", "activeDate" : "2014-09-22", "sequenceNo" : 802, "repealedDate" : null, "fromSection" : "497", "toSection" : "497", "text" : " § 497. Immunity from liability. Any person participating reasonably\\nand in good faith in making a report, taking photographs, conducting or\\noverseeing an investigation, operating the vulnerable persons' central\\nregister or disclosing information in compliance with this article shall\\nhave immunity from any liability, civil or criminal, that might\\notherwise result by reason of such actions. For the purpose of any\\nproceeding, civil or criminal, the good faith of any such person\\nrequired to perform any of such functions in accordance with this\\narticle shall be presumed, provided such person, was acting in discharge\\nof his or her duties and within the scope of his or her employment or\\nresponsibilities, and that such liability did not result from the\\nwillful misconduct or gross negligence of such person.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 10 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "A12", "title" : "Construction; Laws Repealed; When to Take Effect", "docType" : "ARTICLE", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "12", "activeDate" : "2014-09-22", "sequenceNo" : 803, "repealedDate" : null, "fromSection" : "550", "toSection" : "552", "text" : " ARTICLE 12\\n CONSTRUCTION; LAWS REPEALED; WHEN TO TAKE EFFECT\\nSection 550. Constitutionality.\\n 551. Construction.\\n 552. Laws repealed.\\n", "documents" : { "items" : [ { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "550", "title" : "Constitutionality", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "550", "activeDate" : "2014-09-22", "sequenceNo" : 804, "repealedDate" : null, "fromSection" : "550", "toSection" : "550", "text" : " § 550. Constitutionality. If any provisions of this chapter shall be\\nheld to be unconstitutional, such decision shall not affect the validity\\nof the remaining provisions of this chapter.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "551", "title" : "Construction", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "551", "activeDate" : "2014-09-22", "sequenceNo" : 805, "repealedDate" : null, "fromSection" : "551", "toSection" : "551", "text" : " § 551. Construction. 1. The provisions of this chapter so far as they\\nare substantially the same as those existing at the time they shall take\\neffect, shall be construed as a continuation of such laws, modified or\\namended, according to the language employed in this chapter, and not as\\nnew enactments. References in laws not repealed to provisions of law\\nrepealed, or transferred and enacted into and made a part of this\\nchapter, shall be construed as applying to the provisions so\\nincorporated.\\n 2. All references in this chapter to articles, titles or sections\\nshall, unless otherwise indicated in connection therewith, be deemed to\\nrefer to the articles, titles or sections of this chapter; and, if so\\nstated in connection therewith, to a subdivision of a section of this\\nchapter. All references in any section of this chapter to a numbered\\nsubdivision, or clause shall, unless otherwise indicated in connection\\ntherewith, be deemed to refer to the subdivision, or clause so numbered\\nor lettered in such section. All references in any article to a title\\nshall, unless otherwise indicated in connection therewith, be deemed to\\nrefer to the title so numbered in such article.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false }, { "lawId" : "SOS", "lawName" : "Social Services", "locationId" : "552", "title" : "Laws repealed", "docType" : "SECTION", "publishedDates" : [ "2014-09-22" ], "docLevelId" : "552", "activeDate" : "2014-09-22", "sequenceNo" : 806, "repealedDate" : null, "fromSection" : "552", "toSection" : "552", "text" : " § 552. Laws repealed. Of the laws enumerated in the schedule hereto\\nannexed, that portion specified in the last column is hereby repealed.\\n", "documents" : { "items" : [ ], "size" : 0 }, "repealed" : false } ], "size" : 3 }, "repealed" : false } ], "size" : 21 }, "repealed" : false } } }