NY Soc Serv L § 134-A (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 134-A - Conduct of Investigation.

§  134-a.  Conduct of investigation. 1. In accordance with regulations   of  the  department  of  family   assistance,   any   investigation   or   reinvestigation  of  eligibility  for  public assistance and care, other   than medical assistance, shall be limited to  those  factors  reasonably   necessary to insure that expenditures shall be in accord with applicable   provisions  of  this  chapter  and the regulations of the department and   shall be conducted in such manner so as not to violate any  civil  right   of  the applicant or recipient. Such regulations of the department shall   provide that where inconsistencies and gaps in the information presented   by a recipient or where other circumstances in the particular case would   indicate to a prudent person,  that  further  inquiry  should  be  made,   additional necessary information is to be sought except further that the   department  shall  provide  by  regulations  which  are  consistent with   federal law for matching of data supplied by or  about  recipients  with   information  contained in the wage reporting system established pursuant   to section one hundred seventy-one-a of the tax law and similar  systems   in  other  geographically  contiguous states, and such regulations shall   further provide to the extent mandated by federal law for matching  with   the  non-wage  income  file  maintained  by  the  United States internal   revenue service, with the benefits and earnings data exchange maintained   by the United States department of health and human services,  and  with   the  unemployment  insurance benefits file. In making such investigation   or  reinvestigation,  sources  of  information,   other   than   records   maintained  by  a  public  agency,  shall  be  consulted  only  with the   permission of the applicant or recipient. However, if such permission is   not granted by  the  applicant  or  recipient,  the  appropriate  social   services  official may deny, suspend or discontinue public assistance or   care until such time as he may  be  satisfied  that  such  applicant  or   recipient  is  eligible  therefor.  Nothing  in  this  section  shall be   construed to prohibit  activities  the  department  reasonably  believes   necessary  to  conform  with  Federal  requirements  under  section  one   thousand one hundred  thirty-seven  of  the  social  security  act.  The   activities  authorized by this section may be initiated only with regard   to those clients who have been given appropriate notice of  verification   activity under article six-A of the public officers law.2. At the time he applies for public assistance and care, an applicant   shall,  as  a  condition  of  receiving  such  aid, present proof of his   identity to the social  services  official  as  the  department  may  by   regulation  require, and he shall provide such proof thereafter whenever   required by such official.3. The social services official shall require  that  persons  applying   for or receiving public assistance and care be interviewed personally at   a  time  and  in a manner provided by the regulations of the department,   and the social services official may  provide  the  option  of  a  phone   interview  or  other  digital means for such interview at the request of   the applicant or recipient.4.  Notwithstanding  any  other  provisions  of  this   chapter,   the   department  may  provide  for  a comparison of information identifying a   recipient of benefits under any program authorized  under  this  chapter   with identifying information possessed by state agencies in other states   administering  programs  similar  to  those  authorized  by this chapter   regarding recipients of  such  programs.  Such  a  comparison  shall  be   authorized  only  with  regard  to clients who have received appropriate   notice under the personal privacy protection law, which notice shall  be   deemed  compliance  with  the  provisions  of  subdivision  one  of this   section. Should the comparison of identifying information indicate  that   the  client in question is or has been simultaneously receiving benefits   in both  states,  the  department  may,  in  its  discretion,  authorize    exchange  of  income, benefit, and other case information with the state   agency of the other state.5. The social services official upon receipt of information concerning   a  sentence  of  imprisonment  imposed  upon  a  person receiving public   assistance shall make a reinvestigation of eligibility.