NY Soc Serv L § 211 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 6 - Additional State Payments for Eligible Aged, Blind and Disabled Persons 211 - Agreements for Federal Administration.

§  211.  Agreements for federal administration.  1.  The department is   hereby authorized, on behalf of the state, to enter  into  an  agreement   with  the  secretary  of the federal department of health, education and   welfare whereby the secretary agrees to administer the  state's  program   of  additional  state payments, including determining the eligibility of   individuals and couples for such payments.2.  Any such agreement may authorize the secretary to make  additional   state payments on behalf of the state to persons found eligible for such   payments pursuant to the provisions of this title, in amounts authorized   by  the  provisions  of  this  title,  and  shall  contain conditions of   eligibility  for  such  additional   state   payments,   including   the   requirement  of  current  residence  and  amounts  of earned or unearned   income to be disregarded in determining eligibility, in accordance  with   the  provisions of this title, regulations of the department and federal   law and regulations.3.  Any such agreement shall provide that the state will  pay  to  the   secretary:    (a)  the amount the secretary expends for additional state   payments without regard to the secretary's cost  of  administering  such   payments,  which amount shall not exceed the amount of expenditures made   by the state and by social services districts for aid to aged, blind and   disabled persons during the calendar year nineteen hundred  seventy-two,   less any federal funds properly received on account thereof; and (b) the   amount  the  secretary  expends  for  additional  state payments for any   individual which are in excess of the difference  between  the  adjusted   payment   level  under  the  state's  program  of  old  age  assistance,   assistance to the blind or aid to  the  disabled  in  January,  nineteen   hundred  seventy-two  and  the  amount of such individual's supplemental   security income benefit.  For purposes of  this  subdivision,  "adjusted   payment  level"  shall  mean  the  amount  of  the  cash grant under the   appropriate state program of  old  age  assistance,  assistance  to  the   blind, aid to the disabled or the combined program of aid to aged, blind   and  disabled  persons,  to  individuals receiving grants under any such   program, who had no other income, for the  month  of  January,  nineteen   hundred  seventy-two, plus an amount not greater than the bonus value of   food stamps allotted to such individuals  in  such  month,  so  long  as   federal law and regulations permit the inclusion of such amount.4.  The  department  is  authorized  on  behalf of the state, with the   approval of the director of the budget, to agree to modification of  the   agreement, or to terminate the agreement, if it is fiscally advantageous   to  the  state  to  so  act.  Any modification of the agreement which is   contrary to the provisions of this title shall be effective  only  until   the first day of July of the year next succeeding the year in which such   modification   is   to   take  effect,  unless  the  substance  of  such   modification is enacted into law prior to such date.   For the  purposes   of section one hundred one-a of the executive law, any such modification   or  termination  of  the agreement shall be considered the adoption of a   rule, as defined in such section.5. The department is authorized, on behalf of the state, to enter into   an agreement with the secretary of the federal department of health  and   human services for the purpose of obtaining reimbursement for safety net   assistance  or  any  other  payments  made  from  state  or  local funds   furnished for basic needs for any month to or on behalf of  persons  who   subsequently  are  determined  eligible to receive supplemental security   income payments for such month. Notwithstanding any law to the contrary,   the department is authorized to condition eligibility  for  any  program   providing  such  payments  upon  the individual's execution of a written   authorization allowing the secretary of the federal department of health   and human services to pay to the social services district the amount  of    supplemental  security  income  due  at  the time the individual becomes   eligible.