N.Y. SOS Law § 21-A — New York Code / Act SOS / Article 2 / Section 21-A
Electronic benefit transfer system
Status: in_force

§ 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  (c) Any interactive voice response system associated with an\nelectronic benefit transfer system which benefit recipients may call for\nsupport or assistance shall include an option for benefit recipients to\ncancel such benefit recipient's electronic benefit transfer card\npermanently or lock or unlock such benefit recipient's electronic\nbenefit transfer card.\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