NY Soc Serv L § 104-B (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 6 - Powers to Enforce Support 104-B - Liens for Public Assistance and Care on Claims and Suits for Personal Injuries.

§  104-b. Liens for public assistance and care on claims and suits for personal injuries. 1. If a recipient of public assistance and care shall have a right of action, suit,  claim,  counterclaim  or  demand  against another  on account of any personal injuries suffered by such recipient, then the  public  welfare  official  for  the  public  welfare  district providing  such assistance and care shall have a lien for such amount as may be fixed by the public welfare official not exceeding, however,  the total  amount  of  such  assistance  and  care  furnished by such public welfare official on and after the date when such injuries were incurred. In all such cases, notice of the commencement of such an action shall be served upon  the  public  welfare  district  that  has  provided  or  is providing such assistance and care, or upon the department of health.   The commissioner shall endeavor to ascertain whether such person, firm or  corporation  alleged  to be responsible for such injuries is insured with a liability insurance company, as the case may  be,  and  the  name thereof.   2.  No  such lien shall be effective, however, unless a written notice containing the name and address of the injured recipient, the  date  and place  of  the accident, and the name of the person, firm or corporation alleged to be liable to the injured party for  such  injuries,  together with a brief statement of the nature of the lien, the amount claimed and that  a  lien  is  claimed  upon  the said right of action, suit, claim, counterclaim or demand by the public welfare official be served prior to the payment of any moneys to  such  injured  party,  by  certified  with return receipt or registered mail upon such person, firm or corporation, and  his or her, its or their attorney, if known, and upon any insurance carrier which has insured such person, firm or corporation against  such liability.  A copy of the notice of lien shall be mailed to such carrier at least twenty days prior to the date on which  such  carrier  makes  a payment  to  the  injured  party.  Except  as  against such carrier, the effectiveness of the lien against any other party shall not be  impaired by the failure to mail the required notice to such carrier. In addition, a  true  copy  of  such  notice  shall  be served by regular mail to the welfare recipient and to his or her attorney,  if  known.  Such  mailing shall  be  deemed  to  be  effective,  notwithstanding any inaccuracy or omission, if the information contained therein shall  be  sufficient  to enable  those  to  whom  the  notice  is  given  to identify the injured recipient and the occurrence upon which his or her claim for damages  is based.   3.  Upon  the  service  of  the notice, as aforesaid, the local public welfare official shall file a true copy thereof in  the  office  of  the clerk  of  the county in which his office is located, and, thereupon the lien of the public welfare official in the amount therein  stated  shall attach  to any verdict, decision, decree, judgment, award or final order in any suit,  action  or  proceeding  in  any  court  or  administrative tribunal of this state respecting such injuries, as well as the proceeds of  any  settlement  thereof,  and the proceeds of any settlement of any claim or demand respecting such injuries prior to suit or action.   4. An amended notice of lien may be served and filed  by  such  public welfare  official  in  the  same manner and subject to the provisions of this section governing the notice of lien originally  served  and  filed pursuant to this section.   5.  (a)  The  person,  firm,  corporation or insurance carrier, having notice that a social services official has served and filed a notice  of lien,  and  intending  to make payment on the personal injury claim upon which the lien was filed, shall notify the social services  official  by certified  or  registered mail, at least ten days prior to the date such payment is proposed to be made, of the amount and date thereof.  (b) Notwithstanding any inconsistent provision of  this  section,  the social  services  official  shall  have  the  right to serve and file by certified or registered mail, within five days  after  receipt  of  such notice, excluding Saturdays, Sundays, and holidays, an amended notice of lien  to  include  the amount of public assistance and care furnished to the recipient after the date such official served and filed  the  notice of lien or the last previous amendment thereof.  (c)  A  person,  firm,  corporation or insurance carrier that fails to give the notice required by paragraph (a) of this subdivision  shall  be liable  to the social services official to the same extent that it would have been liable had such notice been  given  and  the  social  services official  had filed the amended notice of lien provided for in paragraph (b) of this subdivision.   6. Such lien may be enforced by action against  those  alleged  to  be liable  for  such  injuries,  as  aforesaid, by the local public welfare official in any court of appropriate jurisdiction.   7. The aforesaid lien shall be valid and effective,  when  the  notice thereof  and  the statement are served and filed as aforesaid, and shall continue until released and  discharged  by  the  local  public  welfare official  by  an  instrument  in  writing  and  filed in the said county clerk's office, and no release, payment, discharge  or  satisfaction  of any  such  claim, demand, right of action, suit or counterclaim shall be valid or effective against such lien.   8. The county clerk shall, at the expense of  the  county,  provide  a suitable  book  with  proper index, to be called the public welfare lien docket, in which he shall enter the names of the public welfare official and the recipient, the date and place of the accident and  the  name  or names of those alleged to be liable for such injuries, as aforesaid.   9. The provisions of this section to the contrary notwithstanding, the lien  herein created shall be subject and subordinate to the lien on the amount recovered  by  verdict,  report,  decision,  judgment,  award  or decree,  settlement or compromise, of any attorney or attorneys retained by any such injured person  to  prosecute  his  claim  for  damages  for personal injuries, having or acquiring by virtue of such retainer a lien on  the  cause  of action of any such injured person, or on the verdict, report, decision,  judgment,  decree  made  in,  or  any  settlement  or compromise  of,  any  such  action  or  claim  for  damages for personal injuries.   10. The provisions of this section to  the  contrary  notwithstanding, the lien herein created shall be subordinate to the lien of any hospital claimed  under  and  to  the  extent  recognized  by section one hundred eighty-nine  of  the  lien  law,  but  only  for  treatment,  care   and maintenance  given,  prior  to or in excess of the public assistance and care granted by the public welfare official.   11. The provisions of this section shall not be  deemed  to  adversely affect  the  right  of  a  public  welfare  official  who  has  taken an assignment of the proceeds of any such right  of  action,  suit,  claim, counterclaim  or  demand,  to  recover  under  such assignment the total amount of assistance and care for which such assignment was made.   12. The provisions of this section to  the  contrary  notwithstanding, the  lien  herein  created  shall not apply with respect to any claim or benefits payable to the recipients of any form of public  assistance  or care,  part  of which is paid for by the government of the United States or any agency thereof when, in the opinion  of  the  commissioner,  such lien would jeopardize the continuation of such federal contribution.   13.  The  provisions  of this section to the contrary notwithstanding, the public welfare official may in his discretion release to the injured  person an amount not to exceed the cost of two years'  maintenance  from the lien herein created.   14.  Any  inconsistent  provision  of this chapter or of any other law notwithstanding, a social services official may  not  assert  any  claim under  any  provision  of  this  chapter  to  recover payments of public assistance  if  such  payments  were   reimbursed   by   child   support collections.   This  section shall not apply to any claim or award which is or may be allowed pursuant to the provisions of the workers' compensation  law  or the volunteer firefighters' benefit law.