N.Y. SOS Law § 21 — New York Code / Act SOS / Article 2 / Section 21
Welfare management system
Status: in_force

§ 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