2023 New York Laws › SOS - Social Services › Article 3 - Local Public Welfare Organization; Powers and Duties › Title 2 - Public Welfare Districts and Their Responsibility for Public Assistance and Care › 62 - Responsibility for Public Assistance and Care.

§  62.  Responsibility  for  public assistance and care. 1. Subject to
reimbursement in the cases hereinafter provided for, each public welfare
district shall be responsible for the assistance and care of any  person
who  resides  or  is found in its territory and who is in need of public
assistance and care which he is unable to provide for himself.
5. This section is subject to the following exceptions:
(a) Notwithstanding any other provisions of this chapter, in the event
a recipient removes from one to another social services district in  the
state, a social services official administering safety net assistance or
family  assistance  to such recipient shall continue such assistance for
such recipient for a period ending on the last day of the calendar month
next succeeding the calendar  month  in  which  such  removal  occurred,
provided  such  recipient  is otherwise eligible for such assistance and
has not become a recipient of public assistance in the district to which
he or she has removed.
(a-1) Notwithstanding any other provisions of  this  chapter,  in  the
event  a  recipient removes from one to another social services district
in  the  state,  a  social  services  official   administering   medical
assistance to such recipient shall continue such assistance for a period
ending  on  the  last  day  of  the  calendar  month next succeeding the
calendar month in which such removal is reported by the recipient to the
social services district, provided that the recipient: has informed  the
district  of  his  or  her  new  address  and  any  material  changes in
circumstances affecting medical  assistance  eligibility;  is  otherwise
eligible  for  medical  assistance;  and  has  not become a recipient of
medical assistance in the district to which he or she has removed. After
the last day of the calendar month next succeeding the calendar month in
which such removal is reported, the recipient shall be eligible  without
further  application  for  medical assistance administered by the social
services  district  to  which  the  recipient  has  removed.   Continued
provision of medical assistance under this paragraph is dependent on the
recipient  meeting  all  applicable  requirements  of  titles eleven and
eleven-D of article five of this chapter. This paragraph shall not apply
to a recipient who is institutionalized in a medical  facility  and  who
removes  from  one  social  services district to another district in the
state.
(b) If a public welfare district, town or city  provides  care  for  a
person in a family home, boarding home, nursing home, convalescent home,
hospital  or institution outside of its territory and pays for such care
directly or through a grant made to the recipient,  the  public  welfare
district,  town  or  city  making  such  provision  shall continue to be
responsible for payment for such care as long as  the  recipient  is  in
need  thereof. In the event any other type of public assistance and care
is needed by a person receiving such care, it  shall  be  furnished  and
paid  for  by  the  public welfare district, town or city which would be
responsible for such required assistance and care  if  such  person  had
remained  in  the  territory  of  the district, town or city making such
provision; the  public  welfare  district,  town  or  city  making  such
provision shall likewise be responsible for the care, removal and burial
of the body of any such person who shall die, and the expense thereof.
The  public  welfare  district,  town  or  city which, pursuant to the
provisions of this paragraph, is providing public  assistance  and  care
for  the mother of an infant, on the date of birth of such infant, shall
be responsible for providing public assistance or care required by  such
infant  on  and  after  the  date  of his birth; and such public welfare
district, town or city shall be deemed to have made  provision  for  the
care of such infant outside of its territory.
When  a  child  who has been cared for away from his own home by or on
behalf of a public welfare district, pursuant to title  two  of  article
six  or  other  provisions  of this chapter, the family court act of the
state of New York, or other provisions of law, is  discharged,  pursuant
to  law, to his parents or parent, brother, sister, uncle, aunt or legal
guardian, who are or is then residing  outside  the  territory  of  such
public   welfare   district,   such   discharge   shall   terminate  the
responsibility  of  such  public  welfare  district  to  furnish  public
assistance  and care for such child pursuant to this paragraph; and upon
such discharge it shall become the responsibility of the public  welfare
district wherein such child is thereafter to reside with his relative or
legal  guardian  to provide necessary public assistance and care for him
as in the case of any other child residing therein.
The provisions of this paragraph shall not be deemed to  authorize  or
empower  towns or cities of a county public welfare district to exercise
responsibilities  with  relation   to   public   assistance   and   care
inconsistent  with  the responsibilities imposed or conferred on them by
other provisions of this chapter.
(c) When a person with a mental illness or developmental disability is
in need of public assistance or care while  on  convalescent  status  or
community  status  from  a  state  hospital  or  institution  under  the
provisions of section 29.15  of  the  mental  hygiene  law,  the  public
welfare  district,  town  or  city  from  which  he was admitted to such
hospital or institution shall be responsible for  providing  and  paying
for  such  assistance  or care as in the case of other persons requiring
public assistance  and  care,  except  that  such  responsibility  shall
continue  during  any  period  such  person is on convalescent status or
community status outside the territory of such public welfare  district,
town  or  city  and  shall  continue  thereafter  in accordance with the
provisions of this paragraph and paragraph (b) of  this  subdivision  if
such   person  was  receiving  or  should  have  been  receiving  public
assistance or care from such  public  welfare  district,  town  or  city
outside   its  territory  at  the  time  he  was  discharged  from  such
convalescent status or community status.
(d) When a person, either upon admission to a hospital, nursing  home,
intermediate  care  facility,  adult  home,  enriched housing program or
residence for adults located in a social services  district  other  than
the  district  in which he was then residing, or while in such hospital,
nursing home, intermediate care facility, adult home,  enriched  housing
program  or  residence  for  adults,  is  or  becomes in need of medical
assistance, the social services district from which he was  admitted  to
such  hospital,  nursing  home,  intermediate care facility, adult home,
enriched housing program or residence for adults  shall  be  responsible
for  providing  such  medical  assistance  for so long as such person is
eligible therefor. If while  such  person  is  receiving  care  in  such
hospital, nursing home, intermediate care facility, adult home, enriched
housing program or residence for adults or when discharged therefrom, is
in  need  of  any  other  type  of public assistance or care, the social
services district, town or city from which the person  was  admitted  to
such  hospital,  nursing  home,  intermediate care facility, adult home,
enriched housing program or residence for adults  shall  be  responsible
for  providing  and  paying for such public assistance or care as in the
case of other persons  requiring  public  assistance  and  care  in  its
territory,   and   such  responsibility  shall  continue  thereafter  in
accordance with the provisions of this paragraph and  paragraph  (b)  of
this  subdivision  if  such  person  was  receiving  or should have been
receiving public assistance or care from such social services  district,
town or city; such social services district, town or city shall likewise

be  responsible  for the care, removal or burial of the body of any such
person who shall die, and for the expense  thereof.  The  provisions  of
this  paragraph  shall likewise be applicable to the care of an eligible
person  who,  while temporarily absent from the social services district
in which he then resided, was admitted to a hospital or nursing home  in
another social services district prior to the effective date hereof.
(e)  A  public  welfare district which provides medical assistance for
needy persons pursuant to the provisions of title eleven of article five
of this chapter, shall not charge back any part  of  the  cost  of  such
assistance to another public welfare district.
(f)  (1)  The  social  services district in which a victim of domestic
violence, as defined in article six-A of this chapter, was  residing  at
the  time  of  the  alleged  domestic  violence shall be responsible, in
accordance with section one hundred thirty-one-u of  this  chapter,  for
the  cost  of emergency shelter and care provided to such victim and his
or her minor children at a residential program for victims  of  domestic
violence,  as  defined  in article six-A of this chapter, whether or not
such program is located in the social services district  or  in  another
social services district if such victim:
a. was receiving public assistance at the time of entry to the program
or
b.  applies  for public assistance and care during the time the victim
was residing in such program.
(2)  The  social  services  district  to  which  such  application  is
submitted  shall  forward  the  completed application to the district in
which the victim resided at the time of the alleged domestic violence.
(3) Responsibility for the cost of shelter and care pursuant  to  this
paragraph shall be limited to the period during which the victim and his
or  her  children,  if  any,  reside in such program. Responsibility for
public assistance and care for any  period  after  termination  of  such
residency  shall  be  determined  pursuant  to  other provisions of this
section.
(g) (1) When a person applies for medical parole, and is  in  need  of
public  assistance,  including  medical  assistance,  the  department of
corrections and community supervision shall  cause  an  application  for
such assistance to be forwarded to the department of social services.
(2)  Upon  receipt  of an application for public assistance, including
medical assistance, forwarded  by  the  department  of  corrections  and
community  supervision  for  persons  meeting  the conditions of medical
parole, financial eligibility for such  assistance  and  care  shall  be
determined  by the New York state department of social services prior to
the person's parole.
(3) Determination of continuing  eligibility  for  public  assistance,
including medical assistance, and care will be the responsibility of the
social services district into which such person is released.
(4)   Any   inconsistent  provision  of  this  chapter  or  other  law
notwithstanding, when a person is released on medical parole pursuant to
section two hundred fifty-nine-r or  two  hundred  fifty-nine-s  of  the
executive  law  and  is  in need of public assistance, including medical
assistance, the social  services  district  in  which  such  person  was
convicted  and  from which he or she was committed to the custody of the
department of corrections and community supervision shall be responsible
for  the  administrative  costs  of  the  initial  and  any   subsequent
eligibility  determination  and  the  costs  of  any  public assistance,
including medical assistance, following such persons release on  medical
parole for so long as such person is eligible therefor.
6.  Homeless  children. (a) Notwithstanding any other provision of law
to the contrary, the social services district which provides  assistance

or services to a homeless child in temporary housing located outside the
school  district  of  origin shall notify the commissioner of education,
the school district of origin and the school district designated by  the
child, parent or person in parental relation pursuant to subdivision two
of section thirty-two hundred nine of the education law within five days
of such designation as the school district which such child shall attend
upon  instruction.  Such notice shall include the name of the child, the
name of the parent or person in parental relation to the child, if  any,
the  name and location of the temporary housing arrangement, the name of
the school district of origin and any other information required by  the
commissioner of education.
(b)  For  the purposes of this subdivision the terms "homeless child",
and  "school  district  of  origin"  shall  be  as  defined  in  section
thirty-two hundred nine of the education law.
(c) A social services district shall provide for the transportation of
each  homeless  child  who  is eligible for benefits pursuant to section
three hundred fifty-j of this chapter to and from  a  temporary  housing
location  in  which the child was placed by the social services district
and the school attended by such child  pursuant  to  section  thirty-two
hundred nine of the education law, if such temporary housing facility is
located  outside of the designated school district pursuant to paragraph
a of subdivision two of section thirty-two hundred nine of the education
law. A social services district shall be authorized to contract  with  a
board  of  education  or a board of cooperative educational services for
the provision of such transportation.  This  paragraph  shall  apply  to
placements  made by a social services district without regard to whether
a payment is made by the district  to  the  operator  of  the  temporary
housing facility.
7.  The provisions of subdivision five of this section shall not apply
with respect to the medical assistance eligibility of persons  described
in subparagraph two of paragraph (a) of subdivision one of section three
hundred sixty-six of this chapter.