Bill Text: NY S08276 | 2019-2020 | General Assembly | Introduced

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Bill Title: Expands the maximum benefit and eligibility requirements for financial assistance for burial arrangements and provides for expedited assistance during a state disaster emergency.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-05-01 - REFERRED TO SOCIAL SERVICES [S08276 Detail]

Download: New_York-2019-S08276-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8276

                    IN SENATE

                                       May 1, 2020
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services

        AN  ACT  to amend the social services law, in relation to assistance for
          burial arrangements

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

     1    Section  1. Subdivisions 3 and 4 of section 141 of the social services
     2  law, subdivision 3 as added by chapter 772 of the laws of 1958, subpara-
     3  graphs 1 and 2 of paragraph (a) of subdivision 3 as amended  by  chapter
     4  110  of  the  laws of 1971, paragraph (b) of subdivision 3 as amended by
     5  chapter 342 of the laws of 1965, subdivision 4 as added by chapter  1080
     6  of  the  laws  of  1974, are amended and a new subdivision 7 is added to
     7  read as follows:
     8    3. (a) When burial arrangements for a recipient of  public  assistance
     9  or care are made by relatives or friends of the deceased and the expense
    10  of  such  burial  does  not  exceed  the amount fixed by the appropriate
    11  public welfare official or the  local  appropriating  body  for  similar
    12  burials in similar circumstances, such public welfare official may:
    13    (1)  if  such relatives or friends were required to pay the expense of
    14  such burial in order to arrange the same,  wholly  or  partly  reimburse
    15  them,  from assets transferred or assigned to such social services offi-
    16  cial by or on behalf of the deceased recipient; but he shall  not  reim-
    17  burse a legally responsible relative of the deceased for any part of the
    18  amount  paid  by him which in the judgment of such social services offi-
    19  cial such relative is able to bear; nor shall such official expend  from
    20  such  assets  for  such purpose more than is permitted by or pursuant to
    21  this section, other provisions of this chapter and  regulations  of  the
    22  department.  The  reimbursement  benefit  pursuant  to this subparagraph
    23  shall not be less than three thousand dollars or  exceed  four  thousand
    24  dollars.
    25    (2)  pay part of the expense of such burial, if, and to the extent and
    26  under the circumstances, permitted by his local policy, which shall  not
    27  be  inconsistent  with  this chapter, and the regulations of the depart-
    28  ment; but in no case shall such social services official pay  more  than

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16223-04-0
        S. 8276                             2

     1  the  balance remaining to be paid after the total of the amounts paid or
     2  to be paid by all other sources, including payments made or to  be  made
     3  by  such  legally  responsible  relatives  of the deceased as are in the
     4  judgment  of  such  official  able  to bear the same, is credited to and
     5  deducted from such expense.
     6    (b) In no case shall a public welfare official expend, pursuant to the
     7  provisions of this section or any other provision of this  chapter,  for
     8  the  burial  of  a  recipient  of public assistance or care, from assets
     9  transferred or assigned to him by or on behalf  of  such  recipient,  an
    10  amount  which  shall be less than three thousand dollars or in excess of
    11  [five hundred] four thousand dollars.
    12    4. For purposes of this section, the term "recipient of public assist-
    13  ance and care" shall include persons [receiving]  eligible  for  federal
    14  supplemental  security  income benefits pursuant to title sixteen of the
    15  federal social security act [and/or], additional state payments pursuant
    16  to title six of article five of this chapter and/or if such  person  can
    17  otherwise  demonstrate  an inability to pay as determined by the commis-
    18  sioner. Notwithstanding any provision of law to the contrary, the eligi-
    19  bility of a person to receive benefits pursuant to  this  section  shall
    20  not take into account the immigration status of such person.
    21    7.  Notwithstanding  any  provision  of  law to the contrary, during a
    22  state disaster emergency, as defined in section twenty of the  executive
    23  law,  no  reimbursement  payments shall be made pursuant to subparagraph
    24  one of paragraph (a) of subdivision three of this section and all appli-
    25  cations for assistance pursuant to  this  section  shall  be  processed,
    26  approved  or  denied, and direct payment made to the funeral firm, ceme-
    27  tery organization or business  operating  a  crematory,  columbarium  or
    28  other  business, who also controls the disposition of remains, as appli-
    29  cable, within fifteen days.
    30    § 2. This act shall take effect immediately.