2023 New York Laws › SOS - Social Services › Article 3 - Local Public Welfare Organization; Powers and Duties › Title 6 - Powers to Enforce Support › 104-B - Liens for Public Assistance and Care on Claims and Suits for Personal Injuries.

§  104-b. Liens for public assistance and care on claims and suits for
personal injuries. 1. If a recipient of public assistance and care shall
have a right of action, suit,  claim,  counterclaim  or  demand  against
another  on account of any personal injuries suffered by such recipient,
then the  public  welfare  official  for  the  public  welfare  district
providing  such assistance and care shall have a lien for such amount as
may be fixed by the public welfare official not exceeding, however,  the
total  amount  of  such  assistance  and  care  furnished by such public
welfare official on and after the date when such injuries were incurred.
In all such cases, notice of the commencement of such an action shall be
served upon  the  public  welfare  district  that  has  provided  or  is
providing such assistance and care, or upon the department of health.
The commissioner shall endeavor to ascertain whether such person, firm
or  corporation  alleged  to be responsible for such injuries is insured
with a liability insurance company, as the case may  be,  and  the  name
thereof.
2.  No  such lien shall be effective, however, unless a written notice
containing the name and address of the injured recipient, the  date  and
place  of  the accident, and the name of the person, firm or corporation
alleged to be liable to the injured party for  such  injuries,  together
with a brief statement of the nature of the lien, the amount claimed and
that  a  lien  is  claimed  upon  the said right of action, suit, claim,
counterclaim or demand by the public welfare official be served prior to
the payment of any moneys to  such  injured  party,  by  certified  with
return receipt or registered mail upon such person, firm or corporation,
and  his or her, its or their attorney, if known, and upon any insurance
carrier which has insured such person, firm or corporation against  such
liability.  A copy of the notice of lien shall be mailed to such carrier
at least twenty days prior to the date on which  such  carrier  makes  a
payment  to  the  injured  party.  Except  as  against such carrier, the
effectiveness of the lien against any other party shall not be  impaired
by the failure to mail the required notice to such carrier. In addition,
a  true  copy  of  such  notice  shall  be served by regular mail to the
welfare recipient and to his or her attorney,  if  known.  Such  mailing
shall  be  deemed  to  be  effective,  notwithstanding any inaccuracy or
omission, if the information contained therein shall  be  sufficient  to
enable  those  to  whom  the  notice  is  given  to identify the injured
recipient and the occurrence upon which his or her claim for damages  is
based.
3.  Upon  the  service  of  the notice, as aforesaid, the local public
welfare official shall file a true copy thereof in  the  office  of  the
clerk  of  the county in which his office is located, and, thereupon the
lien of the public welfare official in the amount therein  stated  shall
attach  to any verdict, decision, decree, judgment, award or final order
in any suit,  action  or  proceeding  in  any  court  or  administrative
tribunal of this state respecting such injuries, as well as the proceeds
of  any  settlement  thereof,  and the proceeds of any settlement of any
claim or demand respecting such injuries prior to suit or action.
4. An amended notice of lien may be served and filed  by  such  public
welfare  official  in  the  same manner and subject to the provisions of
this section governing the notice of lien originally  served  and  filed
pursuant to this section.
5.  (a)  The  person,  firm,  corporation or insurance carrier, having
notice that a social services official has served and filed a notice  of
lien,  and  intending  to make payment on the personal injury claim upon
which the lien was filed, shall notify the social services  official  by
certified  or  registered mail, at least ten days prior to the date such
payment is proposed to be made, of the amount and date thereof.
(b) Notwithstanding any inconsistent provision of  this  section,  the
social  services  official  shall  have  the  right to serve and file by
certified or registered mail, within five days  after  receipt  of  such
notice, excluding Saturdays, Sundays, and holidays, an amended notice of
lien  to  include  the amount of public assistance and care furnished to
the recipient after the date such official served and filed  the  notice
of lien or the last previous amendment thereof.
(c)  A  person,  firm,  corporation or insurance carrier that fails to
give the notice required by paragraph (a) of this subdivision  shall  be
liable  to the social services official to the same extent that it would
have been liable had such notice been  given  and  the  social  services
official  had filed the amended notice of lien provided for in paragraph
(b) of this subdivision.
6. Such lien may be enforced by action against  those  alleged  to  be
liable  for  such  injuries,  as  aforesaid, by the local public welfare
official in any court of appropriate jurisdiction.
7. The aforesaid lien shall be valid and effective,  when  the  notice
thereof  and  the statement are served and filed as aforesaid, and shall
continue until released and  discharged  by  the  local  public  welfare
official  by  an  instrument  in  writing  and  filed in the said county
clerk's office, and no release, payment, discharge  or  satisfaction  of
any  such  claim, demand, right of action, suit or counterclaim shall be
valid or effective against such lien.
8. The county clerk shall, at the expense of  the  county,  provide  a
suitable  book  with  proper index, to be called the public welfare lien
docket, in which he shall enter the names of the public welfare official
and the recipient, the date and place of the accident and  the  name  or
names of those alleged to be liable for such injuries, as aforesaid.
9. The provisions of this section to the contrary notwithstanding, the
lien  herein created shall be subject and subordinate to the lien on the
amount recovered  by  verdict,  report,  decision,  judgment,  award  or
decree,  settlement or compromise, of any attorney or attorneys retained
by any such injured person  to  prosecute  his  claim  for  damages  for
personal injuries, having or acquiring by virtue of such retainer a lien
on  the  cause  of action of any such injured person, or on the verdict,
report, decision,  judgment,  decree  made  in,  or  any  settlement  or
compromise  of,  any  such  action  or  claim  for  damages for personal
injuries.
10. The provisions of this section to  the  contrary  notwithstanding,
the lien herein created shall be subordinate to the lien of any hospital
claimed  under  and  to  the  extent  recognized  by section one hundred
eighty-nine  of  the  lien  law,  but  only  for  treatment,  care   and
maintenance  given,  prior  to or in excess of the public assistance and
care granted by the public welfare official.
11. The provisions of this section shall not be  deemed  to  adversely
affect  the  right  of  a  public  welfare  official  who  has  taken an
assignment of the proceeds of any such right  of  action,  suit,  claim,
counterclaim  or  demand,  to  recover  under  such assignment the total
amount of assistance and care for which such assignment was made.
12. The provisions of this section to  the  contrary  notwithstanding,
the  lien  herein  created  shall not apply with respect to any claim or
benefits payable to the recipients of any form of public  assistance  or
care,  part  of which is paid for by the government of the United States
or any agency thereof when, in the opinion  of  the  commissioner,  such
lien would jeopardize the continuation of such federal contribution.
13.  The  provisions  of this section to the contrary notwithstanding,
the public welfare official may in his discretion release to the injured

person an amount not to exceed the cost of two years'  maintenance  from
the lien herein created.
14.  Any  inconsistent  provision  of this chapter or of any other law
notwithstanding, a social services official may  not  assert  any  claim
under  any  provision  of  this  chapter  to  recover payments of public
assistance  if  such  payments  were   reimbursed   by   child   support
collections.
This  section shall not apply to any claim or award which is or may be
allowed pursuant to the provisions of the workers' compensation  law  or
the volunteer firefighters' benefit law.