NY Soc Serv L § 21 (2021)
2021 New York Laws SOS - Social Services Article 2 - Department and State Board of Social Welfare 21 - Welfare Management System.

§  21.  Welfare  management system. 1. The department shall design and implement  a  welfare  management  system  which  shall  be  capable  of receiving,  maintaining  and  processing information relating to persons who have applied for or been determined eligible for benefits under  any program  for which the department has supervisory responsibilities under this chapter, for the purpose of providing individual and aggregate data to such districts to assist them in  making  eligibility  determinations and  basic  management  decisions,  to  the  department  to assist it in supervising the local  administration  of  such  programs,  and  to  the governor  and  the  legislature  as may be necessary to assist in making major administrative and policy decisions affecting such programs.  Such system  shall  be designed so as to assist local districts and the state in achieving the following goals:   a. reducing mismanagement  in  the  administration  of  such  program, detecting   fraudulent  practices,  and  helping  identify  policies  or conditions that will reduce or deter fraud;   b.  promoting  efficiency  in   local   district   determinations   of eligibility for public assistance and care and other programs supervised by  the  department,  to  expedite  such  determinations  and  to reduce unauthorized or excessive payments;   c.  achieving  compliance  with  federal  laws  and  regulations   and maximizing utilization of federal funds;   d.  improving  data collection and retention techniques and developing uniform reporting forms and procedures;   e. initiating implementation of such a system for districts other than the district comprising the city of New York,  in  a  manner  compatible with expansion of such system to the district comprising the city of New York;   f.  being  developed and implemented in each social services district, to the extent possible consistent with statewide uniformity, in a manner compatible with maximum utilization of existing data processing  systems and  capabilities  of such district and with minimum local participation by such district in administrative expenditures directly attributable to the design and implementation of such system; and   g. achieving such other goals consistent with this chapter  and  other laws as are desirable for improving the administration of such programs.   2.  The  department shall promulgate regulations, specifying the types of information to be collected and transmitted by each  social  services district  to  the department, the methods for collection and transmittal of such information,  and  the  procedures  for  utilization  by  social services  districts  of  the  data  maintained by the welfare management system. Any such regulations shall be published  for  comment  at  least thirty days in advance of their promulgation and shall be filed with the secretary  of state at least sixty days in advance of the effective date of any such requirement.   3. Information relating to persons applying for or receiving  benefits under programs pursuant to this chapter shall be considered confidential and  shall  not  be  disclosed  to  persons or agencies other than those considered entitled to such information in accordance with  section  one hundred  thirty-six  of  this chapter, when such disclosure is necessary for the proper administration of such programs.   4.   The commissioner of labor and  his  or  her  designees  shall  be entitled  to access to the welfare management system and the information contained therein for the purpose of administration of the programs  for public  assistance  recipients set forth in title nine-B of article five of this chapter.  Use of the information relating  to  persons  applying for or receiving benefits under such programs by the department of labor will be in accordance with the provisions of this chapter.    5.    The  commissioner  of  health  and his or her designees shall be entitled to access to the welfare management system and the  information contained  therein  for  the purpose of administration of the program of medical assistance for needy  persons  set  forth  in  title  eleven  of article  five  of  this  chapter.    Use  of the information relating to persons applying for or receiving benefits under  such  program  by  the department  of  health  will  be  in  accordance  with the provisions of section one hundred thirty-six of this chapter.   6. By no later than forty-five days following the end of each calendar quarter after the second  quarter  of  calendar  year  nineteen  hundred seventy-six,  the  department  shall, until full implementation has been achieved in all social services districts, report to  the  governor  and the  legislature  regarding the current status of the welfare management system, summarizing the progress achieved during  the  previous  quarter and  the  anticipated  major achievements of the succeeding two calendar quarters. The report shall include the current and  anticipated  overall expenditure  and  staffing  levels for functions relating to the system, and shall specify each district affected or anticipated to  be  affected during  the succeeding two calendar quarters and summarize the manner in which each such district is, or is anticipated to be, affected.   7. (a) The full cost of expenditures by  the  state  for  the  design, development and implementation of the welfare management system shall be borne  by the state, utilizing any federal funds made available for such purposes.  Social  services  districts  shall  not  be  responsible  for participating   in   state   expenditures  for  any  of  the  following: acquisition,  installation,  maintenance  and  operation  of   a   state computer;    acquisition,    installation   and   maintenance   of   the telecommunications network and equipment; development and  provision  of state   mandated   forms;   modification  of  existing  data  processing operations determined by  the  department  to  be  necessary  to  assure systems   compatibility;  and  development  and  provision  of  training materials and equipment, and costs of staff for training provided by the state.  (b)  Expenditures  by  a  social  services  district  for  data  entry operators  determined  necessary  by the department during the period of conversion to full operation of the welfare management system  for  such district  shall  be  subject to reimbursement by the state in accordance with section one hundred fifty-three of this chapter to  the  extent  of one  hundred  percentum  of  such  expenditures  after  first  deducting therefrom any federal funds properly  received  or  to  be  received  on account of such expenditures.  (c)  Expenditures  by  a social services district other than those set forth in this  section  shall  be  subject  to  state  reimbursement  as administrative  costs in accordance with section one hundred fifty-three of this chapter to the extent of fifty percentum  thereof,  after  first deducting  therefrom  any  federal  funds  properly  received  or  to be received on account of such expenditures.  (d)  The  department  is  hereby  authorized  to  enter  into  written agreements,  subject to the approval of the director of the budget, with not more than three social services districts by  which  such  districts agree  to  undertake  additional  administrative  functions  relating to design, development  and  testing  of  the  welfare  management  system, subject  to  one  hundred percent state reimbursement for administrative costs attributable to such functions, after  first  deducting  therefrom any federal funds properly received or to be received on account of such expenditures.   8.  The  department may enter into the case file of each applicant for or recipient of benefits under the  programs  of  food  stamps,  aid  to  dependent   children,   home   relief,   veteran  assistance,  emergency assistance to adults, or medical assistance for whom  a  case  file  has been  established  on  the  welfare  management  system  information  it receives  from  the  appropriate governmental agency concerning a client who has applied for or has been determined to be eligible  for  workers' compensation  benefits,  unemployment  insurance  benefits, and benefits being paid pursuant to titles two and  sixteen  of  the  federal  social security act (including supplemental state payments). The department may rebudget  any  case  for  which  it makes an entry where the information received indicates that rebudgeting  is  appropriate.    The  department shall  immediately  notify the appropriate social services district that an applicant or recipient's case has been rebudgeted  or  of  any  other direct  entry  of  information  into  a  case  file.   A social services district shall not be held responsible  for  any  costs  incurred  as  a result  of  data  erroneously entered by the department into the welfare management system.