NY Soc Serv L § 62 (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 2 - Public Welfare Districts and Their Responsibility for Public Assistance and Care 62 - Responsibility for Public Assistance and Care.

§  62.  Responsibility  for  public assistance and care. 1. Subject to reimbursement in the cases hereinafter provided for, each public welfare district shall be responsible for the assistance and care of any  person who  resides  or  is found in its territory and who is in need of public assistance and care which he is unable to provide for himself.   5. This section is subject to the following exceptions:  (a) Notwithstanding any other provisions of this chapter, in the event a recipient removes from one to another social services district in  the state, a social services official administering safety net assistance or family  assistance  to such recipient shall continue such assistance for such recipient for a period ending on the last day of the calendar month next succeeding the calendar  month  in  which  such  removal  occurred, provided  such  recipient  is otherwise eligible for such assistance and has not become a recipient of public assistance in the district to which he or she has removed.  (a-1) Notwithstanding any other provisions of  this  chapter,  in  the event  a  recipient removes from one to another social services district in  the  state,  a  social  services  official   administering   medical assistance to such recipient shall continue such assistance for a period ending  on  the  last  day  of  the  calendar  month next succeeding the calendar month in which such removal is reported by the recipient to the social services district, provided that the recipient: has informed  the district  of  his  or  her  new  address  and  any  material  changes in circumstances affecting medical  assistance  eligibility;  is  otherwise eligible  for  medical  assistance;  and  has  not become a recipient of medical assistance in the district to which he or she has removed. After the last day of the calendar month next succeeding the calendar month in which such removal is reported, the recipient shall be eligible  without further  application  for  medical assistance administered by the social services  district  to  which  the  recipient  has  removed.   Continued provision of medical assistance under this paragraph is dependent on the recipient  meeting  all  applicable  requirements  of  titles eleven and eleven-D of article five of this chapter. This paragraph shall not apply to a recipient who is institutionalized in a medical  facility  and  who removes  from  one  social  services district to another district in the state.  (b) If a public welfare district, town or city  provides  care  for  a person in a family home, boarding home, nursing home, convalescent home, hospital  or institution outside of its territory and pays for such care directly or through a grant made to the recipient,  the  public  welfare district,  town  or  city  making  such  provision  shall continue to be responsible for payment for such care as long as  the  recipient  is  in need  thereof. In the event any other type of public assistance and care is needed by a person receiving such care, it  shall  be  furnished  and paid  for  by  the  public welfare district, town or city which would be responsible for such required assistance and care  if  such  person  had remained  in  the  territory  of  the district, town or city making such provision; the  public  welfare  district,  town  or  city  making  such provision shall likewise be responsible for the care, removal and burial of the body of any such person who shall die, and the expense thereof.   The  public  welfare  district,  town  or  city which, pursuant to the provisions of this paragraph, is providing public  assistance  and  care for  the mother of an infant, on the date of birth of such infant, shall be responsible for providing public assistance or care required by  such infant  on  and  after  the  date  of his birth; and such public welfare district, town or city shall be deemed to have made  provision  for  the care of such infant outside of its territory.    When  a  child  who has been cared for away from his own home by or on behalf of a public welfare district, pursuant to title  two  of  article six  or  other  provisions  of this chapter, the family court act of the state of New York, or other provisions of law, is  discharged,  pursuant to  law, to his parents or parent, brother, sister, uncle, aunt or legal guardian, who are or is then residing  outside  the  territory  of  such public   welfare   district,   such   discharge   shall   terminate  the responsibility  of  such  public  welfare  district  to  furnish  public assistance  and care for such child pursuant to this paragraph; and upon such discharge it shall become the responsibility of the public  welfare district wherein such child is thereafter to reside with his relative or legal  guardian  to provide necessary public assistance and care for him as in the case of any other child residing therein.   The provisions of this paragraph shall not be deemed to  authorize  or empower  towns or cities of a county public welfare district to exercise responsibilities  with  relation   to   public   assistance   and   care inconsistent  with  the responsibilities imposed or conferred on them by other provisions of this chapter.  (c) When a mentally ill, mentally retarded or epileptic person  is  in need  of  public  assistance  or  care  while  on convalescent status or community  status  from  a  state  hospital  or  institution  under  the provisions  of  section  29.15  of  the  mental  hygiene law, the public welfare district, town or city  from  which  he  was  admitted  to  such hospital  or  institution  shall be responsible for providing and paying for such assistance or care as in the case of  other  persons  requiring public  assistance  and  care,  except  that  such  responsibility shall continue during any period such person  is  on  convalescent  status  or community  status outside the territory of such public welfare district, town or city and  shall  continue  thereafter  in  accordance  with  the provisions  of  this  paragraph  and  paragraph  (b)  if such person was receiving or should have been receiving public assistance or  care  from such  public welfare district, town or city outside its territory at the time he was  discharged  from  such  convalescent  status  or  community status.  (d)  When a person, either upon admission to a hospital, nursing home, intermediate care facility, adult  home,  enriched  housing  program  or residence  for  adults  located in a social services district other than the district in which he was then residing, or while in  such  hospital, nursing  home,  intermediate care facility, adult home, enriched housing program or residence for adults,  is  or  becomes  in  need  of  medical assistance,  the  social services district from which he was admitted to such hospital, nursing home, intermediate  care  facility,  adult  home, enriched  housing  program  or residence for adults shall be responsible for providing such medical assistance for so  long  as  such  person  is eligible  therefor.  If  while  such  person  is  receiving care in such hospital, nursing home, intermediate care facility, adult home, enriched housing program or residence for adults or when discharged therefrom, is in need of any other type of  public  assistance  or  care,  the  social services  district,  town  or city from which the person was admitted to such hospital, nursing home, intermediate  care  facility,  adult  home, enriched  housing  program  or residence for adults shall be responsible for providing and paying for such public assistance or care  as  in  the case  of  other  persons  requiring  public  assistance  and care in its territory,  and  such  responsibility  shall  continue   thereafter   in accordance  with  the  provisions of this paragraph and paragraph (b) of this subdivision if such  person  was  receiving  or  should  have  been receiving  public assistance or care from such social services district, town or city; such social services district, town or city shall likewise  be responsible for the care, removal or burial of the body of  any  such person  who  shall  die,  and for the expense thereof. The provisions of this paragraph shall likewise be applicable to the care of  an  eligible person  who,  while temporarily absent from the social services district in which he then resided, was admitted to a hospital or nursing home  in another social services district prior to the effective date hereof.  (e)  A  public  welfare district which provides medical assistance for needy persons pursuant to the provisions of title eleven of article five of this chapter, shall not charge back any part  of  the  cost  of  such assistance to another public welfare district.  (f)  (1)  The  social  services district in which a victim of domestic violence, as defined in article six-A of this chapter, was  residing  at the  time  of  the  alleged  domestic  violence shall be responsible, in accordance with section one hundred thirty-one-u of  this  chapter,  for the  cost  of emergency shelter and care provided to such victim and his or her minor children at a residential program for victims  of  domestic violence,  as  defined  in article six-A of this chapter, whether or not such program is located in the social services district  or  in  another social services district if such victim:   a. was receiving public assistance at the time of entry to the program or   b.  applies  for public assistance and care during the time the victim was residing in such program.  (2)  The  social  services  district  to  which  such  application  is submitted  shall  forward  the  completed application to the district in which the victim resided at the time of the alleged domestic violence.  (3) Responsibility for the cost of shelter and care pursuant  to  this paragraph shall be limited to the period during which the victim and his or  her  children,  if  any,  reside in such program. Responsibility for public assistance and care for any  period  after  termination  of  such residency  shall  be  determined  pursuant  to  other provisions of this section.  (g) (1) When a person applies for medical parole, and is  in  need  of public  assistance,  including  medical  assistance,  the  department of corrections and community supervision shall  cause  an  application  for such assistance to be forwarded to the department of social services.  (2)  Upon  receipt  of an application for public assistance, including medical assistance, forwarded  by  the  department  of  corrections  and community  supervision  for  persons  meeting  the conditions of medical parole, financial eligibility for such  assistance  and  care  shall  be determined  by the New York state department of social services prior to the person's parole.  (3) Determination of continuing  eligibility  for  public  assistance, including medical assistance, and care will be the responsibility of the social services district into which such person is released.  (4)   Any   inconsistent  provision  of  this  chapter  or  other  law notwithstanding, when a person is released on medical parole pursuant to section two hundred fifty-nine-r or  two  hundred  fifty-nine-s  of  the executive  law  and  is  in need of public assistance, including medical assistance, the social  services  district  in  which  such  person  was convicted  and  from which he or she was committed to the custody of the department of corrections and community supervision shall be responsible for  the  administrative  costs  of  the  initial  and  any   subsequent eligibility  determination  and  the  costs  of  any  public assistance, including medical assistance, following such persons release on  medical parole for so long as such person is eligible therefor.   6.  Homeless  children. (a) Notwithstanding any other provision of law to the contrary, the social services district which provides  assistance  or services to a homeless child in temporary housing located outside the school  district  of  origin shall notify the commissioner of education, the school district of origin and the school district designated by  the child, parent or person in parental relation pursuant to subdivision two of section thirty-two hundred nine of the education law within five days of such designation as the school district which such child shall attend upon  instruction.  Such notice shall include the name of the child, the name of the parent or person in parental relation to the child, if  any, the  name and location of the temporary housing arrangement, the name of the school district of origin and any other information required by  the commissioner of education.  (b)  For  the purposes of this subdivision the terms "homeless child", and  "school  district  of  origin"  shall  be  as  defined  in  section thirty-two hundred nine of the education law.  (c) A social services district shall provide for the transportation of each  homeless  child  who  is eligible for benefits pursuant to section three hundred fifty-j of this chapter to and from  a  temporary  housing location  in  which the child was placed by the social services district and the school attended by such child  pursuant  to  section  thirty-two hundred nine of the education law, if such temporary housing facility is located  outside of the designated school district pursuant to paragraph a of subdivision two of section thirty-two hundred nine of the education law. A social services district shall be authorized to contract  with  a board  of  education  or a board of cooperative educational services for the provision of such transportation.  This  paragraph  shall  apply  to placements  made by a social services district without regard to whether a payment is made by the district  to  the  operator  of  the  temporary housing facility.   7.  The provisions of subdivision five of this section shall not apply with respect to the medical assistance eligibility of persons  described in subparagraph two of paragraph (a) of subdivision one of section three hundred sixty-six of this chapter.