2023 New York Laws › SOS - Social Services › Article 2 - Department and State Board of Social Welfare › 21-A - Electronic Benefit Transfer System.

§  21-a.  Electronic  benefit  transfer system. Any electronic benefit
transfer system shall be implemented by the department  on  a  statewide
basis  and  shall  be  administered  pursuant  to the provisions of this
section. For purposes of such electronic benefit  transfer  system,  the
term "electronic benefit transfer" includes the use of a credit or debit
card  service,  automated  teller  machine,  point-of-sale  terminal, or
access to an online system for the withdrawal of funds or the processing
of a payment for merchandise or a service.
1. (a) Any contract entered into on behalf of  local  social  services
districts  for  electronic  benefit  transfer services shall ensure that
there are a sufficient number of access  points  in  each  local  social
services  district  to ensure an adequate distribution of such services.
Upon implementation of an electronic benefit transfer system in a  local
social  services  district  or  in  any  political  or  other geographic
subdivision of such  district,  the  department  shall  publish  a  list
identifying  the  number  and  location  of  access  points  within such
district or subdivision, and shall seek and accept public comment on the
adequacy of recipient access to  electronic  benefit  transfer  services
within  such  district  or  subdivision.  The  department  shall seek to
maximize recipient access to electronic  benefit  transfer  services  by
working  with the contractor to establish access points at a broad range
of businesses and community facilities including, but  not  limited  to,
community  centers,  senior  citizen centers, educational and job skills
training sites, and local housing authorities.
(b)  Any  electronic  benefit  transfer  services   for   supplemental
nutrition  assistance  program  (SNAP)  benefits  shall  ensure that two
electronic benefit transfer credit or debit cards are issued for use  by
any recipient household having more than one parent or guardian residing
in  the  household  on  a  full-time  basis,  provided that at least two
parents or  guardians  residing  in  the  household,  or  a  combination
thereof, qualify for benefits pursuant to this chapter. No card shall be
issued  to  any person under the age of eighteen unless such person is a
parent or guardian of a minor child. The issuance of a second card shall
be consistent with federal requirements and is subject  to  the  request
and  approval  by  the  head  of  household  and  shall  not entitle the
recipients to any additional benefits. Benefit recipients shall  not  be
required  to  accept  or utilize both cards. The department shall notify
existing and future benefit recipients of the availability  of  multiple
cards.
2.  The  department  or  the  designated  agent  thereof shall utilize
appropriate materials  and  training  to  provide  each  recipient  with
adequate  instruction  on  the  use  of  the electronic benefit transfer
system, which shall include, but not be limited to, the following:
(a) the types of transactions and services provided  by  means  of  an
electronic benefit transfer system, and any limitations thereon;
(b)   the  rights,  responsibilities  and  liabilities  applicable  to
recipients that receive benefits  by  means  of  an  electronic  benefit
transfer system;
(c)  the  procedure for reporting the loss or theft of a system access
device, or any unauthorized transaction;
(d) the process for the replacement of a lost or stolen system  access
device, and the procedure to access benefits, if needed, until such time
as such device can be replaced; and
(e)  the  procedure by which participants can access information about
their benefit account or accounts  including,  but  not  limited  to,  a
toll-free  telephone  number which would provide recipients with account
balances and transaction history.