reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 5h - Recipients of Medical Assistance Under Chapter 118e; Subrogation; Notice; Policy Provisions; Payment by Department; Information Concerning Recipients

Section 5H. Notwithstanding any other provision of general or special law, rule or regulation, the department shall be subrogated to the right of any recipient of medical assistance provided pursuant to chapter one hundred and eighteen E to proceed against any health care insurer that is or may be liable to pay for covered services obtained by a recipient of medical assistance to the extent of any medical benefits provided by the department on behalf of the recipient or his dependents.
A recipient of medical assistance or any person legally obligated to support and having actual or legal custody of a recipient of medical assistance shall inform the department of any health insurance available to such recipient upon initial application and redetermination for eligibility for assistance and shall make known the nature and extent of any health insurance coverage to any person or institution that provides medical benefits to the recipient or his dependent.
No policy for health insurance for health care delivery administered, issued or renewed in the commonwealth shall contain any provision denying or reducing benefits to a person who is eligible for or who is receiving medical assistance under said chapter one hundred and eighteen E.
A provider of medical assistance under said chapter one hundred and eighteen E shall determine whether any recipient for whom it provides medical benefits that are or may be eligible for reimbursement pursuant to said chapter one hundred and eighteen E is a subscriber or beneficiary of a health insurance plan. The department is the payor of last resort, and accordingly a provider shall request payment for medical benefits it provides from a health insurer which is or may be liable for the medical benefits so provided, before payment is requested from the department.
Payment by the department under the medical assistance program shall constitute payment in full; subsequent to any such payment a provider may not recover from any health insurer an amount greater than the amount so paid by the department for any service for which the department is to be the payor of last resort.
Notwithstanding any provision of law, all health insurers doing business in the commonwealth shall provide information to the department to the extent sufficient to identify persons who are recipients of assistance under said chapter one hundred and eighteen E and who are also beneficiaries under any policy for health insurance in force and effect in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 5j - Preventing Electronic Benefit Transfer Transactions for Certain Purchases Made Using Direct Cash Assistance Funds; Penalty

Section 5J. (a) The department shall maintain policies and practices as necessary to prevent direct cash assistance from being used in electronic benefit transfer transactions at: liquor stores; casinos, gambling casinos or gaming establishments licensed pursuant to chapter 23K; retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment as defined in section 408(a) of the Social Security Act; adult bookstores or adult paraphernalia stores as defined in section 9A of chapter 40A; firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of said chapter 140; tattoo parlors; manicure shops or aesthetic shops registered pursuant to chapter 112; jewelry stores; foreign transmittal agencies licensed pursuant to chapter 169; on a cruise ship; or at a marijuana establishment as defined in chapter 94G. Those establishments shall not accept electronic benefit transfer cards. A store owner who knowingly allows a prohibited electronic benefit transfer transaction in violation of this section or subsection (b) of section 5I shall be punished by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $2,500 for a second offense and by a fine of not less than $2,500 for a third or subsequent offense.
(b) A store owner who knowingly violates this section and who possesses a license to sell alcoholic beverages pursuant to section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138. A store owner possessing a license pursuant to said section 12 of said chapter 138 who knowingly violates this section a second or subsequent time shall have its license suspended for not less than 30 days and shall be referred to the appropriate licensing authority for possible further disciplinary action pursuant to said section 64 of said chapter 138.
(c) A store owner who knowingly violates this section and who possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall be referred to the director of the state lottery commission for possible disciplinary action. A store owner possessing a license pursuant to said section 26 or 27 of said chapter 10 who knowingly violates this section a second or subsequent time shall have such license suspended for not less than 30 days and shall be referred to the director of the state lottery commission for possible further disciplinary action.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 5k - Obtaining or Receiving Department of Transitional Assistance Property Through Embezzlement, Theft or Fraud; Penalty

Section 5K. Notwithstanding any general or special law to the contrary, whoever embezzles, steals or obtains by fraud any funds, assets or property provided by the department of transitional assistance and whoever receives, conceals or retains such funds, assets or property for his own interest knowing such funds, assets or property have been embezzled, stolen or obtained by fraud shall, if such funds, assets or property are of a value of $100 or more, be punished by a fine of not more than $25,000 or by imprisonment in a jail or house of correction for not more than 21/2 years, or imprisonment in the state prison for not more than 5 years, or both such fine and imprisonment, or if such funds, assets or property are of a value of less than $100, by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than 1 year, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 5l - Food Stamp Benefits Trafficking; Penalty

Section 5L. (a) As used this section and section 5M, ''food stamp benefits'' shall mean benefits issued pursuant to the federal Food and Nutrition Act of 2008, 7 U.S.C. §§ 2011 to 2029, inclusive, as amended, including such benefits contained on an electronic benefit transfer card.
(b) An individual commits the offense of food stamp benefits trafficking if the individual knowingly:
(1) presents for payment or redemption or transfers food stamp benefits in any form, including transfers to another, who does not, or does not intend to, use the food stamp benefits for the benefit of the household for whom the benefits were intended, as defined in the regulations of the department; or
(2) possesses, buys, sells, uses, alters, accepts or transfers food stamp benefits in any manner not authorized by the Food and Nutrition Act of 2008, 7 U.S.C. § 2011, as amended.
(c) An individual who traffics food stamp benefits, as described in subsection (b), shall:
(1) if the food stamp benefits are of a value of less than $250 or if the item used, transferred, acquired, altered or possessed has a value of less than $250, be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000, or both such fine and imprisonment; or
(2) if the food stamp benefits are of a value of $250 or more or the item used, transferred, acquired, altered or possessed has a value of $250 or more, be punished by imprisonment in a jail or house of correction for not more than 2 years or by imprisonment in a state prison for not more than 5 years or by a fine of not more than $5,000, or both fine and imprisonment.
(d) If a person is alleged to have committed the offense of trafficking in food stamp benefits 2 or more times within a 6–month period, those offenses may be aggregated and charged in a single count and the offenses so aggregated and charged shall constitute a single offense; provided, however, that, if the aggregate value of the food stamp benefits alleged to be trafficked is $250 or more, the person shall be subject to the penalties prescribed in clause (2) of subsection (c).
(e) Crimes under this section may be prosecuted and punished in any county where a defendant used, transferred, acquired or possessed food stamp benefits or in the county in which the state agency responsible for administering food stamp benefits is headquartered.
(f) An individual who traffics food stamp benefits, as described in subsection (b) and on 1 prior occasion has been convicted of trafficking food stamp benefits pursuant to said subsection (b) or conspiracy to traffic food stamp benefits shall be punished by imprisonment in a state prison for not more than 10 years or by a fine of not more than $25,000 or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 5m - Organizational Food Stamp Benefits Trafficking; Penalty

Section 5M. (a) As used in this section, ''organization'' shall mean a corporation for profit or not-for-profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity; provided, however, that ''organization'' shall not include an entity organized as or by a governmental agency for the execution of a governmental program.
(b) An organization commits the offense of organizational food stamp benefits trafficking if the organization knowingly; (i) uses, sells, transfers, acquires, alters or possesses food stamp benefits or electronic benefit transfer cards in any manner not authorized by the Food and Nutrition Act of 2008, 7 U.S.C. § 2011, as amended, or the regulations of the department; or (2) presents for payment or redemption food stamp benefits that have been received, transferred, altered or used in violation of this section shall be guilty of organizational food stamp benefits trafficking.
(c) If an organization is alleged to have committed the offense of organizational food stamp benefits trafficking 2 or more times within a 6–month period, any of those offenses may be aggregated and charged in a single count and the offenses so aggregated and charged shall constitute a single offense.
(d) An organization that commits food stamp benefits trafficking as described in subsection (c) shall:
(1) if it is the organization's first offense under this section, be punished by a fine of not less than $5,000;
(2) if it is the organization's second offense under this section, be punished by a fine of not less than $10,000; or
(3) if it is the organization's third or subsequent offense under this section, be punished by a fine of not less than $50,000.
(e) A retail or wholesale organization owner who is convicted of organizational food stamp benefits trafficking and who also possesses a license to sell alcoholic beverages under section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138.
(f) A retail or wholesale organization owner who is convicted of organizational food stamp benefits trafficking and who also possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall have such license suspended for not less than 2 years and shall be referred to the director of the state lottery commission for possible further disciplinary action.
(g) Crimes under this section may be prosecuted and punished in any county where defendant used, transferred, acquired or possessed food stamp benefits, or the county in which the state agency responsible for administering food stamp benefits is headquartered.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 5n - Fraud Hotline; Sign Display

Section 5N. The department shall develop and make available on its website for download a sign specifying the department's fraud hotline. Business associations may also maintain a downloadable form of the sign on the business associations' websites. Such sign shall be posted in a conspicuous area in any business accepting electronic benefits transfer cards as a form of payment. Any business accepting electronic benefit transfer cards as a form of payment shall maintain a list of categories of prohibited products under section 5I at each cash register.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 8 - Civil Service Status of Commissioners; Restoration

Section 8. The provisions of section nine A of chapter thirty and the provisions of chapter thirty-one shall not apply to the office of commissioner, deputy commissioner or assistant commissioner. If an employee of the commonwealth or of a political subdivision, as defined in section one of chapter thirty-two, shall be appointed to the office of commissioner, deputy commissioner or assistant commissioner, he shall upon termination of his service in such office be restored to the position which he held immediately prior to such appointment. Such restoration shall be made without impairment of his civil service status or tenure under section nine A of chapter thirty and without loss of seniority, retirement or other rights to which uninterrupted service in such position would have entitled him. During the period of such appointment each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination to which he would have otherwise been eligible.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 9 - Employees of Department; Delegation of Responsibilities

Section 9. The commissioner shall appoint and may remove all employees in the department. All such appointments and removals shall be made in accordance with chapter thirty-one except as provided in section seven of chapter thirty and except for superintendents and assistant superintendents in charitable, medical or other institutions, physicians with full medical responsibility as opposed to administrative responsibility, nurses and nursing attendants in such institutions; provided, however, that whenever, as a condition of receiving federal grants for programs and activities to which the federal standards for a merit system of personnel administration relate, federal requirements make necessary the application of the civil service law and rules to any such position, said position shall be subject to chapter thirty-one. Appointments, promotions or transfers, except transfers to positions with substantially identical authority, duties and responsibility, shall be made only after determination by the personnel administrator that the proposed appointee meets the minimum qualifications required.
The commissioner may delegate all or a portion of his responsibilities as appointing authority under section forty-one of chapter thirty-one to one or more subordinates in the department. The decision of an employee to whom responsibility has been so delegated shall be the decision of the appointing authority.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 10 - Reports; Rules and Regulations; Federal Aid

Section 10. The commissioner shall annually prepare and submit to the governor and the general court, on or before the first day of November, a report which shall contain the description of organization of the department and a concise review of the work of the department and of the institutions under the supervision of the department for the preceding fiscal year and such suggestions and recommendations as to the department and the said institutions and as to the general interests of all persons under its supervision as he considers expedient, together with information embodying the experience of this and other jurisdictions relative to the best and most successful methods of caring for or providing services to such persons as come under its responsibility. The commissioner shall make and from time to time revise and publish such rules and regulations for the conduct of the business of the department and the execution of the programs administered by the department as may be necessary or appropriate. No such rule or regulation shall take effect unless, prior to notice under chapter thirty A, it has been submitted for review to the secretary of administration and, in the case of any rule or regulation relative to Title I, XIV or XVI, of the federal Social Security Act, for review and comment to the secretary of elder affairs. The extent of such review shall be no greater than that allowed by the federal Social Security Act. The department shall take such action as may be necessary or desirable for carrying out its programs and purposes in conformity with all requirements governing the granting of federal aid to the commonwealth. Prior to undertaking any activity or implementing any policy which would affect expenditures for medical assistance under chapter one hundred and eighteen E, including but not limited to identifying individuals eligible for such assistance under said chapter, the commissioner shall assure that such activity or policy is reviewed by the commissioner of medical assistance.
Notwithstanding any general or special law to the contrary, 60 days before promulgating or amending any regulation that would alter eligibility for, or the level of benefits provided through the department, other than regulations which would benefit recipients, the department shall file with the clerks of the house of representatives and senate, the house and senate committees on ways and means and the house and senate chairs of the joint committee on children, families and persons with disabilities a report describing the changes and setting forth justification for any changes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 11 - Lists of Recipients; Publication; Records; Rules and Regulations

Section 11. No department, bureau or agency of the commonwealth or of any political subdivision thereof, which under any provision of law is furnished with the names of recipients of public assistance, shall permit the publication of lists of such names or make use thereof for purposes not directly connected with the administration of such assistance; provided, however, that nothing in this section shall be construed to prohibit disclosure to or access by the bureau of special investigations to the department's records or files for the purposes of fraud detection and control. The commissioner shall make and from time to time revise rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 14 - Reciprocal Agreements

Section 14. The department is hereby authorized to enter into reciprocal agreements with other states regarding the interstate transportation of poor and indigent persons, and to arrange for the acceptance and support of persons receiving public aid in other states, in accordance with the terms of such reciprocal agreements. The department is hereby further authorized to enter into reciprocal agreements with other states to provide for the support and care of persons receiving aid under chapter one hundred and eighteen or corresponding provisions of law in such other states, during the period of change of residence between states, as provided by section four A of said chapter one hundred and eighteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 15 - Disclosure of Information by Banks and Insurance Companies as to Applicant's or Recipient's Deposits; Penalty

Section 15. A treasurer of a savings bank, national bank, trust company, co-operative bank, benefit association, insurance company or safe deposit company authorized to do business in the commonwealth who, upon written request, signed by an officer of the department, unreasonably refuses to inform him of the amount deposited in the corporation or association to the credit of a person named in such request as a charge upon the commonwealth, or as an applicant to the commonwealth for public assistance under chapters one hundred and seventeen, one hundred and eighteen, or who wilfully renders false information in reply to such request, shall forfeit five hundred dollars to the use of the commonwealth. Upon such request, a treasurer, as aforesaid shall furnish the records on deposits and withdrawals during the past five years, concerning any applicant for or recipient of public assistance under chapters one hundred and seventeen, one hundred and eighteen, to any officer of the department.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 17 - Advancement of Funds to Department for Public Assistance; Monthly Report of Disbursements

Section 17. Notwithstanding the provisions of section twenty-two of chapter twenty-nine or any other provisions of law, funds made available by appropriation, or otherwise, for enabling the department to carry out the provisions of law for furnishing public assistance to individuals may be advanced to the department in such sums and subject to such rules and regulations as the comptroller may determine.
The department shall make a monthly report to the comptroller of the amount of funds disbursed by the department subsequent to the previous monthly report and shall certify to the comptroller that such disbursements are substantiated by detailed records and vouchers retained in the custody of the department of transitional assistance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 18 - Reimbursement of Department; Recipient Arrearages; Furniture Payments

Section 18. In any case where the department is obligated to pay any sums in excess of the approved budget because of an arrearage incurred by the recipient, under any of the programs administered by the department, the department shall be reimbursed in a manner not inconsistent with the federal social security act by deducting the amount of said arrearage from future budget payments to the recipient over a predetermined period of time. Such deduction shall not exceed five per cent of the recipient's total budget allowance.
In any case in which aid is provided for the purpose of purchasing furniture under chapter one hundred and seventeen or one hundred and eighteen to a family with an unemployed father or a father whose whereabouts is unknown, said father shall be liable for reimbursement to the department for the amount of such payment if he is subsequently found to be gainfully employed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 18a - Failure of Custodial Parent to Cooperate With Iv&ndash;d Agency

Section 18A. The department shall impose the sanction required by federal law for any applicant or recipient of public assistance who fails, without good cause as defined by federal law, to cooperate and to continue to cooperate with the IV–D agency set forth in chapter one hundred and nineteen A to establish paternity or to establish, modify or enforce a child support order. An applicant or recipient may contest such sanction at a hearing before the department, but shall have the burden to prove cooperation with the IV–D agency by a preponderance of the evidence.
The IV–D agency shall determine whether an applicant or recipient has cooperated, and is continuing to cooperate, with the IV–D agency. An applicant or recipient shall be deemed not to have cooperated if the applicant or recipient fails, without such good cause, to furnish a sworn statement setting forth sufficient verifiable information about the noncustodial parent or, if more than one person may be the noncustodial parent, about each such person. Such information shall include the name and the social security number of the noncustodial parent, or the name of the noncustodial parent and at least two of the following items for the noncustodial parent: date of birth; address; telephone number; name and address of employer; names of parents; and the manufacturer, model and license number of any motor vehicle owned by the noncustodial parent. An applicant or recipient who knowingly provides false information to the IV–D agency shall be subject to prosecution for perjury.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 19 - Eviction From Furnished Apartment; Furniture; Relocation

Section 19. In the case of an emergency or where a recipient is evicted from a furnished or partially furnished apartment and does not have sufficient basic furniture to set up housekeeping such furniture may be authorized by the department after investigation by the social worker and determination by the district supervisor that a need exists. The department shall make every effort to relocate the recipient in housing similar to that from which the recipient was removed. Where economically desirable, the department may enter into contract for the quantity purchase of such furniture.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 21 - Support and Maintenance; Subrogation of Department; Termination of Assistance; Notice

Section 21. The department shall be subrogated to the rights to support and maintenance of any welfare recipient to the extent of any payments made by the department to such recipient. The department shall obtain from said recipients such information, in the recipient's knowledge and possession, as may be reasonable necessary to enforce the department's right.
When the department proposes to terminate public assistance due to the collection of monthly support in excess of monthly benefits paid, it shall forthwith notify the IV–D agency as set forth in chapter one hundred and nineteen A. When the department terminates public assistance for any reason other than the collection of monthly support in excess of benefits paid, it shall forthwith notify said IV–D agency of such action.
Whenever the department notifies a recipient that it proposes to terminate a recipient from assistance, it shall include in such notice a statement of such recipient's right to continued child support services from the IV–D agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 22 - Verification of Categorical and Financial Eligibility

Section 22. For the purpose of considering the need for service or assistance of an applicant or recipient of programs provided in accordance with chapters one hundred and seventeen, one hundred and eighteen, and one hundred and eighteen E, the department shall require the verification of all elements of categorical and financial eligibility. Such verification requirements, including home visits by workers assigned to recipients, shall be reasonable and in accordance with federal law and regulations, where applicable. Self-declarations by applicants or recipients of transitional aid to families with dependent children shall be signed under the penalties of perjury and, if possible, shall not be accepted as the sole verification of categorical and financial eligibility during eligibility evaluations and reviews.
The department shall determine what verification requirements can be reasonably met by third party affidavits and shall provide notification to recipients and applicants of the circumstances that third party affidavits may be used; provided, however, that all work participation forms shall be verified by a third party who shall sign the work participation form under the penalties of perjury. For the purposes of verification, the department may accept a payroll stub that contains an employer's federal employment identification number. The department shall establish reasonable procedures for the verification of continuing eligibility, including monthly reporting and retrospective budgeting where appropriate. Except for eligibility requirements which the department has determined to be subject to frequent variation, the department shall not terminate benefits to recipients for failure to provide reverification without a reasonable belief that the condition has changed for which reverification is requested. The department shall promulgate uniform rules and regulations designating which eligibility requirements are subject to frequent variation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 26 - Direct Payment of Rent; Public Housing; Appeal

Section 26. The department may, upon the written request of any person, trust, corporation, or housing authority, that operates or manages any federal, state or municipally subsidized housing or housing project, pay directly to said manager or operator the rent of recipients of public assistance by deducting an amount equal to the rent from the amount otherwise payable to said recipients; provided, however, that the department receives written notification from the code enforcement agency of the city or town that the housing conforms to the minimum requirements established by said agency. The recipient shall have a right of appeal, as provided in section sixteen, to any decision made by the department regarding direct rent payment under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 27 - Direct Payment of Rent; Request of Landlord or Recipient

Section 27. The department may, upon the written request of the landlord in the case of a recipient who is in arrears in his rent payment for two consecutive months, pay directly to said landlord, after inspection by the department and written notification by the code enforcement agency of the city or town that the housing conforms to the minimum requirements established by said agency. An amount equal to the rent shall be deducted from the amount otherwise payable to said recipient.
The department may, upon the written request of any recipient, pay directly to any landlord the rent of recipients of public assistance by deducting the amount of the rent from the amount otherwise payable to the recipient provided, however, that the department receives written notification from the code enforcement agency of the city or town that the housing conforms to the minimum requirements established by said agency. The recipient shall have a right of appeal, as provided in section sixteen, to any decision made by the department regarding direct rent payment under this section. In any event, the department shall cause a complaint to be filed in accordance with the provisions of section one hundred and twenty-seven C of chapter one hundred and eleven, in cases where a recipient's housing accommodations are unsafe, unsanitary or not in conformity with local housing codes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 27a - Direct Deposit of Assistance Checks at Banking Institutions; Option of Recipient

Section 27A. A recipient of financial aid from the department shall be given the option of instructing said department to forward all checks of such person to a checking account, established in his name, at any banking institution within the commonwealth which he shall designate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 31 - Job Diversion Program; Services

Section 31. (a) The department, in collaboration with the commonwealth corporation, shall develop a job diversion program for applicants for cash assistance under transitional aid to families with dependent children to identify applicants who have the necessary job skills and experience and match those applicants with appropriate full-time employment prior to receiving benefits. The job diversion program shall be mandatory for all identified applicants over the age of 18 who are not attending a secondary school full-time or participating in an education or training activity, as defined in 106 CMR 203.400(A)(2)(i); provided, however, that the program shall not be mandatory for an applicant exempt from the work requirements under 106 CMR 203.400(A)(1)(a) to (c), inclusive; and provided further, that the program shall not be mandatory for an applicant participating in a substance abuse treatment program while in a substance abuse shelter or other in-patient program.
(b) The program shall identify able-bodied applicants who are capable of working and attempt to match them with jobs prior to receiving benefits. For those identified applicants not connected with full-time employment prior to receiving cash assistance, the department shall provide a written finding as to why the job diversion program was not successful. The findings shall be part of the applicant's case file. An applicant otherwise eligible for assistance shall not be denied temporary benefits while awaiting job diversion placements.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 32 - Participation in Pathways to Self-Sufficiency Program Required; Exceptions

Section 32. The department shall require participation in the pathways to self-sufficiency program, established pursuant to section 3C of chapter 118, for all identified applicants over the age of 18 who are not attending a secondary school full-time, participating in an education or training activity, as defined in 106 CMR 203.400(A)(2)(i); provided, however, that the program shall not be mandatory for an applicant exempt from the work requirements pursuant to 106 CMR 203.400(A)(1)(a) to (c), inclusive; and provided further, that the program shall not be mandatory for an applicant participating in a substance abuse treatment program licensed or approved by the department of public health while the applicant is in a substance abuse shelter or other inpatient program. The department shall monitor the participation of applicants in educational or training programs they are referred to, and the applicant shall provide documentation to the department of such participation. An applicant who is otherwise eligible for TAFDC assistance shall not be denied temporary benefits while awaiting employment placement under the program; provided, however that benefits shall be suspended if employment documentation is not provided to the department in a timely manner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 33 - Providing of Social Security Number Required; Exceptions; Penalty for Noncompliance

Section 33. The department shall require applicants or recipients of cash assistance to provide their social security number upon application; provided, however, that this section shall not apply to recipients who are present in the United States under 1 of the eligible noncitizen statuses as described in 106 CMR 203.675(A) or 106 CMR 320.620(A) or a victim of domestic violence who has a pending petition for legal status under the federal Violence Against Women Act; provided further, that the department shall provide a 3 month placeholder social security number for applicants or recipients who are expecting mothers in the third trimester of pregnancy or a child under 4 months of age. Failure to provide a valid social security number within 3 months shall result in the suspension of benefits until a valid social security number is provided and verified by the department. The department shall promulgate regulations in accordance with this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 34 - Tracking of Outcomes of Individuals Served by Training and Employment Service Programs

Section 34. The department shall require all training and employment service programs, contracted through the department, to track the outcomes of individuals served by the program for at least 1 year after transitioning into employment. The department shall determine the number of individuals each employment service program is required to track.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 36 - Fraud Detection Program

Section 36. (a) The department, in consultation with the bureau of program integrity, established pursuant to section 16V of chapter 6A, shall develop a fraud detection program. The fraud detection program shall analyze the risk of fraud and refer any cases of suspected fraud to the program integrity division and the bureau of special investigations in the office of the state auditor.
(b) In analyzing risk of fraud and identifying cases for investigation, the program shall consider: (i) even-dollar transactions; (ii) full-benefit withdrawal; (iii) usage patterns; (iv) high electronic benefit transfer card balances; (v) repeated duplicate electronic benefit transfer card requests; (vi) purchases of prohibited items; (vii) other relevant data sources; (viii) reports to case workers of potential fraud; and (ix) instances of the use of direct cash assistance in states other than Massachusetts, New Hampshire, Connecticut, Rhode Island, New York, Vermont and Maine.
(c) To assist the program in identifying and investigating likely cases of fraud, the department shall develop and make available reports identifying: (i) even-dollar transactions by cardholder; (ii) instances of full-benefit withdrawal; (iii) high electronic benefit transfer card balances; (iv) duplicate electronic benefit transfer card requests; (v) purchases of prohibited items and (vi) other data reports, biannually.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 37 - Work-Related Expense Deduction

Section 37. The department shall allow applicants or recipients, who are employed, a monthly $200 work-related expense deduction from gross wages in determining eligibility and the amount of the cash assistance grant. The department shall promulgate regulations in accordance with this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 38 - Non-Approval of Application for New Benefits for Failure to Comply With Registration Requirements in Secs. 178c to 178p of Chapter 6

Section 38. The department shall not approve an application for new benefits for any person required to register pursuant to sections 178C to 178P, inclusive, of chapter 6 and who has failed to register until the individual registers as required by said sections 178C to 178P, inclusive, of said chapter 6; provided, however, that prior to the denial of benefits, the department shall provide the applicant with notice of the applicant's failure to register pursuant to said sections 178C to 178P, inclusive, of said chapter 6 and a reasonable opportunity to be heard.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18 - Department of Transitional Assistance › Section 39 - Protocols for Coordination of Information With Law Enforcement Agencies, Etc. When Recipient the Subject of Felony Warrant

Section 39. The department shall develop protocols for coordinating information with federal, state and local law enforcement agencies and the administrative office of the trial court regarding recipients of publicly-funded benefits who are the subject of felony warrants. The protocols shall be designed to use the department's records to facilitate proper notice to the individual and the department shall, upon request, provide all relevant information to any such law enforcement or the court to facilitate the timely resolution of the warrant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18a - Department of Youth Services › Section 1 - Department of Youth Services; Commissioner; Powers and Duties; Federal Funds

Section 1. There shall be a department of youth services, in this chapter called the department, which shall be under the supervision and control of a commissioner of youth services, in this chapter called the commissioner. The secretary of health and human services shall appoint, with the approval of the governor, the commissioner who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor. The commissioner shall, at the time of his appointment, be qualified by having earned from an accredited institution a graduate degree in the social sciences, education, law or related fields and by having no less than seven years professional or administrative experience in work related to the problems of delinquent children and youth. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty; he shall devote his full time during business hours to the duties of his office, shall be the executive head of the department and shall have full responsibility for the formulation and execution of all its policies and the coordination of all of its functions. He shall appoint and may remove all employees in the department. Unless otherwise provided by law, all such appointments and removals shall be made in accordance with the provisions of chapter thirty-one.
Powers and duties given to any administrative bureau, subdivision or institution of the department by any general or special law shall be exercised and discharged subject to the direction, control and supervision of the commissioner. The department may expend such sums as may be appropriated for grants to cities and towns and to other public agencies and for the purchase of services from other government departments and agencies and from private nonprofit agencies to carry out any of the program and purposes of the department. The commissioner may establish, subject to appropriation, such district offices and employ such field agents as shall be necessary or desirable to carry out the program and purposes of the department. Federal funds granted to the commonwealth to aid in the financing of any of the program and policies of the department shall be credited to a separate fund on the books of the commonwealth only for the purposes of such expenditures to be made under the direction of the commissioner. Federal funds paid as reimbursement to the commonwealth shall be deposited in the General Fund.
The commissioner shall consult with the commissioner of mental health prior to taking an action substantially affecting the design and implementation of behavioral health services for children under guidelines established by the secretary of health and human services under section 16S of chapter 6A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 18a - Department of Youth Services › Section 2 - Delinquency Prevention Programs

Section 2. The department shall provide a comprehensive and coordinated program of delinquency prevention and services to delinquent children and youth referred or committed to the department by the courts; community services for the prevention of juvenile delinquency through its own staff, through grants-in-aid to cities, towns, and other public agencies and through purchase of services from private nonprofit agencies; and services and facilities for the study, diagnosis, care, treatment, including physical and mental health and social services, education, training and rehabilitation of all children and youth referred or committed. The department shall maintain a program of research into the causes, treatment and prevention of juvenile delinquency, including new methods of service and treatment. The department shall cooperate with other state and local agencies, both public and private, serving children and youth.