Bill Text: NY A02360 | 2021-2022 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2021-05-10 - enacting clause stricken [A02360 Detail]

Download: New_York-2021-A02360-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2360

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M.  of  A.  HEVESI,  GLICK, PEOPLES-STOKES, O'DONNELL --
          Multi-Sponsored by -- M. of A.  COLTON,  DINOWITZ,  GALEF,  GOTTFRIED,
          LAVINE, J. RIVERA -- read once and referred to the Committee on Social
          Services

        AN  ACT  to  amend the social services law, in relation to extending the
          period given to certain applicants for public assistance  benefits  to
          request a fair hearing

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

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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01517-01-1