STATE OF NEW YORK
________________________________________________________________________
2455
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
Introduced by M. of A. HUNTER, COOK, HEVESI, GOTTFRIED, HYNDMAN, BLAKE
-- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to
the Committee on Social Services
AN ACT to amend the social services law, in relation to conciliation and
non-compliance with public assistance employment; and to repeal
certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 341 of the social services law is REPEALED.
2 § 2. Section 341-a of the social services law, as added by chapter 562
3 of the laws of 2015, is amended to read as follows:
4 § [341-a] 341. Re-engagement; conciliation; refusal to participate.
5 1. [The provisions of this section shall apply to persons who are resi-
6 dents of a city having a population of one million or more people.
7 2.] (a) Consistent with federal law and regulations and this title, if
8 a participant has failed or refused to comply with the requirements of
9 this title and the district has determined that he or she is not exempt
10 from such requirements and has verified that appropriate child care,
11 transportation, and accommodations for disability were in place at the
12 time of such failure or refusal, the social services district shall
13 issue a re-engagement notice in plain language indicating that such
14 failure or refusal has taken place and of the right of such participant
15 to avoid a pro-rata reduction in public assistance benefits through the
16 re-engagement process. "Re-engagement process" shall mean the process
17 through which a participant may avoid a pro-rata reduction in public
18 assistance benefits by agreeing to comply with the requirements of this
19 title consistent with any medical condition which may limit the individ-
20 ual's ability to participate in work activities, by notifying the
21 district that he or she has become exempt from the requirements of this
22 title, or by resolving the reasons for such failure or refusal at a
23 conciliation conference. The notice shall indicate that the participant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04867-01-9
A. 2455 2
1 has ten days to request re-engagement with the district. The notice
2 shall indicate the specific instance or instances of willful refusal or
3 failure to comply without good cause with the requirements of this title
4 and the necessary actions that must be taken to avoid a pro-rata
5 reduction in public assistance benefits and the district has verified
6 that appropriate child care, transportation and accommodations for disa-
7 bility were in place at the time of such failure or refusal.
8 (1) If a participant chooses to avoid a pro-rata reduction in public
9 assistance benefits through a conciliation conference, it will be the
10 responsibility of the participant to give reasons for such failure or
11 refusal. The re-engagement notice shall also include an explanation in
12 plain language of what would constitute good cause for non-compliance
13 and examples of acceptable forms of evidence that may warrant an
14 exemption from work activities, including evidence of domestic violence,
15 and physical or mental health limitations that may be provided at the
16 conciliation conference to demonstrate such good cause for failure to
17 comply with the requirements of this title. Unless as part of the re-en-
18 gagement process the participant does not agree to comply, has not
19 become exempt or the district determines as a result of the conciliation
20 conference that such failure or refusal was willful and without good
21 cause, no further action shall be taken.
22 (2) If the participant does not contact the district within ten days
23 of the re-engagement notice, the district shall make a finding of wheth-
24 er the alleged failure or refusal to comply was willful and without good
25 cause and shall consider any evidence in the possession of the district
26 indicating that the participant has good cause and if the participant is
27 otherwise participating in work activities, there shall be no finding of
28 willfulness without good cause based on a single appointment or infrac-
29 tion.
30 (b) If the district determines that such failure or refusal was will-
31 ful and without good cause, and that the individual is not exempt from
32 the requirements of this title, the district shall notify such partic-
33 ipant in writing, in plain language and in a manner distinct from any
34 previous notice, by issuing ten days notice of its intent to discontinue
35 or reduce assistance. Such notice shall include the reasons for such
36 determination, the specific instance or instances of willful refusal or
37 failure to comply without good cause with the requirements of this
38 title, shall verify that appropriate child care, transportation and
39 accommodations for disability were in place at the time of such failure
40 or refusal, and specify the necessary actions that must be taken to
41 avoid a pro-rata reduction in public assistance benefits, including
42 agreeing to comply with the requirements of this title consistent with
43 any medical condition which may limit the individual's ability to
44 participate in work activities or notifying the district that he or she
45 has become exempt from the requirements of this title and the right to a
46 fair hearing relating to such discontinuance or reduction.
47 [3.] 2. (a) The department shall establish in regulation a concil-
48 iation procedure for the resolution of disputes related to an individ-
49 ual's participation in programs pursuant to this title.
50 (b) The district shall contract with an independent entity, approved
51 by the department, or shall use designated trained staff at the supervi-
52 sory level who have no direct responsibility for the participant's case
53 to mediate disputes in the conciliation conference.
54 (c) If a participant's dispute cannot be resolved through such concil-
55 iation procedure, an opportunity for a fair hearing shall be provided.
A. 2455 3
1 No sanction relating to the subject dispute may be imposed during the
2 re-engagement process.
3 [4.] 3. When any participant required to participate in work activ-
4 ities fails to comply with the provisions of this title, the social
5 services district shall take such actions as prescribed by appropriate
6 federal law and regulation and this title.
7 [5.] 4. Consistent with federal law and this title, a social services
8 district shall provide to those participants whose failure to comply has
9 continued for thirty days or longer a written reminder of the option to
10 end a sanction by terminating the failure to comply as specified in
11 subdivision [two] one of this section. Such notice shall advise that the
12 participant may immediately terminate the sanction by either agreeing to
13 comply with the requirements of this title consistent with any medical
14 condition which may limit the individual's ability to participate in
15 work activities or notifying the district that he or she has become
16 exempt from the requirements of this title.
17 [6.] 5. Consistent with federal law and regulation and this title, no
18 notice shall be issued as specified in subdivision [two] one of this
19 section unless it has been determined that the individual is not exempt
20 from the requirements of this title and has determined that appropriate
21 child care, transportation and accommodations for disability were in
22 place at the time of such failure or refusal to comply with the require-
23 ments of this title and no action shall be taken pursuant to this
24 section for failure to participate in the program or refusal to accept
25 employment if:
26 (a) child care for a child under age thirteen (or day care for any
27 incapacitated individual living in the same home as a dependent child)
28 is necessary for an individual to participate or continue participation
29 in activities pursuant to this title or accept employment and such care
30 is not available and the social services district fails to provide such
31 care;
32 (b) (1) the employment would result in the family of the participant
33 experiencing a net loss of cash income; provided, however, a participant
34 may not claim good cause under this paragraph if the social services
35 district assures that the family will not experience a net loss of cash
36 income by making a supplemental payment;
37 (2) net loss of cash income results if the family's gross income less
38 necessary work-related expenses is less than the cash assistance the
39 participant was receiving at the time the offer of employment is made;
40 or
41 (c) the participant meets other grounds for good cause set forth by
42 the department in its implementation plan for this title which, at a
43 minimum, must describe what circumstances beyond the household's control
44 will constitute "good cause".
45 § 3. Section 342 of the social services law is REPEALED.
46 § 4. Section 342-a of the social services law is renumbered section
47 342.
48 § 5. This act shall take effect on the first of April next succeeding
49 the date on which it shall have become a law.