reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 300 - Local Welfare Administration › Section 300.5 - Availability of program manuals and public issuances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Current copies of agency program manuals
			 and other public issuance shall be made available upon request without charge
			 to custodians, such as public or private libraries or research centers, which
			 are centrally located and readily accessible to a substantial number of the
			 recipient population and who agree to accept responsibility for filing all
			 amendments to such program manuals or public issuances transmitted by the
			 agency.
(b) Upon request, specific
			 policy material shall be made available for an applicant, recipient or his
			 representative to determine whether a fair hearing should be requested or to
			 prepare for a fair hearing.
(c) A
			 reasonable charge related to cost may be made to an applicant, recipient or
			 representative for materials requested for purposes other than those specified
			 in subdivision (b) of this section or to a group other than one specified in
			 this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 300 - Local Welfare Administration › Section 300.6 - Review by the State commissioner of local rules, regulations and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Rules, regulations and procedures by social services
			   officials shall be filed with the department at least 30 days prior to the
			   proposed effective date and shall not become operative until approval by the
			   commissioner or until the 30th day after filing if not disapproved by the
			   commissioner as being inconsistent with law or department regulation.
(a) The provisions of this section apply to
			 all rules, regulations and procedures relating to programs of assistance and
			 care mandated on social services districts by Federal requirements or the
			 Social Services Law, except those required to be submitted for department
			 approval under other provisions of law or State regulation, and those concerned
			 strictly with internal management of the district.
(b) The filing shall be dated from the day of
			 receipt by the office of the rule, regulation or procedure and the 30th day
			 after such filing shall be determined beginning with the day after the
			 filing.
(c) The local commissioner
			 of social services shall submit in duplicate to the State Department of Social
			 Services for approval the proposed local rule, regulation or procedure
			 accompanied by the prescribed form. Where necessary to substantiate the
			 proposed rule, regulation or procedure, documentation shall be included. This
			 submittal shall be by certified mail, return receipt requested.
(d) Within the 30-day period, the State
			 commissioner shall return to the local department one copy of the form, showing
			 approval, or disapproval with reasons, of the proposed rule, regulation or
			 procedure.
(e) The provisions of
			 this section shall not apply to rules, regulations and procedures mandated or
			 recommended by the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 300 - Local Welfare Administration › Section 300.7 - Coordination of services by the social services district

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To insure provision of services that
			 strengthen and maintain family and individual living and best promote the
			 welfare of each individual receiving assistance, care or services, each social
			 services district shall coordinate the skills and experiences of its income
			 maintenance, medical assistance and services divisions.
(b) Each social services district shall
			 establish coordinating procedures from intake to case closing, clearly
			 delineating the responsibilities of each division as they relate to cases of
			 mutual interest.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 300 - Local Welfare Administration › Section 300.8 - Local social services cooperation with department

Current through Register Vol. 46, No. 28, July 10, 2024
Local social services officials shall cooperate with the
			   department in the discharge of its supervisory responsibilities, including the
			   making of reviews, studies and surveys of the operations of the social services
			   districts.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 300 - Local Welfare Administration › Section 300.9 - Local Flexibility Incentive Pilot Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The Office of Temporary and
			 Disability Assistance (office), in cooperation with the Department of Labor, is
			 authorized to establish the Local Flexibility Incentive Pilot Program to enable
			 social services districts or groups of social services districts to demonstrate
			 innovations and efficiencies to aid public assistance recipients in attaining
			 self-sufficiency. Participation in this program is at local district
			 option.
(b) Funding. The funds for
			 the pilots are to be distributed under the conditions described below.
(1) The office must approve funding only in
			 cooperation with the Department of Labor.
(2) The approval of funding is also subject
			 to the approval of the director of the budget.
(3) The funding is separate from the State
			 aid that the social services district or districts would otherwise be eligible
			 to receive.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 300 - Local Welfare Administration › Section 300.10 - Legal services on a fee-for-service basis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the appropriating body of a social
			 services district has so authorized and made provision therefor, a local social
			 services commissioner may obtain necessary legal services on a fee-for-service
			 basis or other appropriate basis for the purpose of obtaining support from
			 spouses and parents, recovering costs of public assistance and care granted,
			 and establishing paternity. Such services shall not be subject to reimbursement
			 by the department unless they are provided in accordance with a plan submitted
			 to and approved by the department.
(b) The plan required by subdivision (a) of
			 this section shall demonstrate:
(1) the
			 volume of legal work in the local district;
(2) that the volume of legal work is such as
			 not to require full-time legal staff or that full-time legal staff is not
			 available in sufficient numbers to handle the volume of work; and
(3) that the cost to the local district of
			 obtaining legal services on a fee-for-service basis or other appropriate basis
			 will not exceed the cost to the local district on a unit basis of obtaining the
			 same or a similar type and amount of services from a full-time attorney or a
			 law guardian.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 300 - Local Welfare Administration › Section 300.13 - Desk reviews of the distribution and disbursement of support collections

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section
			   347.25(a)(3) 
			   of this Title, a desk review is conducted by the support collection unit and
			   the public assistance unit of the social services district. The public
			   assistance unit shall be responsible for completing the necessary actions under
			   section
			   347.25(f)-(g) 
			   of this Title for desk review requests received by the support collection unit
			   from a current or former recipient of public assistance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 301 - Administration Of Veteran Assistance And Federal Programs By Veteran Assistance Divisions Or Bureaus Of Social Services Departments › Section 301.1 - Administration of other social services programs by veteran assistance divisions

Current through Register Vol. 46, No. 28, July 10, 2024
Veteran assistance divisions or bureaus of social
			   services districts may administer the federally aided programs of assistance
			   and child welfare to veterans and their relatives who would be qualified to
			   receive veteran assistance, but only when the specified conditions required by
			   subdivision 5 of section 173  of the Social Services Law and
			   applicable rule have been met.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 301 - Administration Of Veteran Assistance And Federal Programs By Veteran Assistance Divisions Or Bureaus Of Social Services Departments › Section 301.2 - Definitions and conditions of eligibility for veteran assistance

Current through Register Vol. 46, No. 28, July 10, 2024
A veteran and those related to him as defined and stated
			   in sections 168 and
			   169  of Social Services Law are eligible for
			   veteran assistance.
(a) Persons
			 eligible or presumptively eligible for family assistance (FA) or in receipt of
			 supplemental security income (SSI) are ineligible for veteran
			 assistance.
(b) The child or
			 grandchild living with the veteran and the dependent child of a deceased
			 veteran means a person unmarried and under the age of 21 years. Child means a
			 legitimate child, a stepchild, a legally adopted child, or an illegitimate
			 child of the veteran acknowledged by the veteran or to whose support the
			 veteran has been judicially ordered to contribute.
(c) Incapacitated children of a deceased
			 veteran, who by reason of a physical or mental defect or infirmity are totally
			 or partially disabled, are eligible for veteran assistance regardless of their
			 age, if they are not eligible for FA or in receipt of SSI.
(d) The relationship of the wife, husband,
			 child, grandchild, father, mother, step-father and step-mother to a veteran,
			 and of the widow, dependent children or incapacitated children to a deceased
			 veteran, shall be established by the usual investigation to determine
			 eligibility for public assistance.
(1)
			 Information thus obtained from the applicant and from documents in his
			 possession, from members of his family, from legally responsible relatives and
			 from other sources, which verify eligibility and degree of need, shall, under
			 usual circumstances, be sufficient to establish the required relationship to
			 the veteran or deceased veteran.
(2) If the investigation does not establish
			 the required relationship to the veteran or deceased veteran and there is
			 reasonable doubt as to the validity of the information, the sources of
			 verification used in establishing relationship under similar circumstances in
			 the FA program shall be consulted.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 301 - Administration Of Veteran Assistance And Federal Programs By Veteran Assistance Divisions Or Bureaus Of Social Services Departments › Section 301.3 - Veterans and nonveterans in the same household; determination of initial and continuing responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Responsibility for determining initial and continuing eligibility of a family
			 group consisting of veterans and nonveterans may be assigned either to the
			 veteran assistance division or to the division that serves nonveterans, except
			 that SSI or FA cases shall not be assigned to the veteran assistance division
			 unless such division has been authorized to administer the Federal categories
			 of public assistance.
(b) The case
			 recording shall be of sufficient substance to provide a basis for determining
			 eligibility, continuing eligibility and degree of need for each separate
			 case.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 301 - Administration Of Veteran Assistance And Federal Programs By Veteran Assistance Divisions Or Bureaus Of Social Services Departments › Section 301.4 - Care of war veterans and members of their families in public homes

Current through Register Vol. 46, No. 28, July 10, 2024
War veterans and adult members of their families, who
			   would be eligible for veteran assistance, may (with their consent) be cared for
			   in public homes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 301 - Administration Of Veteran Assistance And Federal Programs By Veteran Assistance Divisions Or Bureaus Of Social Services Departments › Section 301.5 - Assistance to veterans

Current through Register Vol. 46, No. 28, July 10, 2024
L. 1971, ch. 110, § 83
(a)
Administration of veterans'
			 assistance.
(1) Veteran assistance must
			 be administered in accordance with the provisions of law and the regulations of
			 the office governing the administration of safety net assistance
			 (SNA).
(2) Veteran assistance will
			 be granted only in New York City and in those counties, cities and towns in
			 which:
(i) a resolution has been adopted by
			 the legislative body pursuant to section 173 or 174-b  of the Social Services
			 Law; and
(ii) monies have been
			 appropriated for veteran assistance pursuant to section 172  of the Social Services Law.
(3) Veteran assistance will not be
			 treated as a distinct category of assistance for any purpose unless the
			 conditions stated in subparagraphs (i) and (ii) of this paragraph (2) are
			 met.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 302 - Submission And Payment Of Bills › Section 302.1 - Submission of bills to social services districts for services and supplies furnished to recipients of public assistance and payment thereof

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district shall:
(a) require that bills be submitted to it
			 promptly by vendors of services and supplies furnished to public assistance
			 recipients for which payment is to be made by the social services district to
			 the vendors;
(b) arrange to pay the
			 bills promptly; and
(c) process
			 payments in accordance with the provisions of section
			 601.3 
			 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 302 - Submission And Payment Of Bills › Section 302.2 - Submission of bills to social services districts for services and supplies furnished to them and payment thereof

Current through Register Vol. 46, No. 28, July 10, 2024
Each district shall:
(a) require that bills be submitted promptly
			 to it by vendors for services and supplies furnished to it by them;
(b) arrange to pay the bills
			 promptly;
(c) however, except as
			 provided in subdivision (d) of this section, in no event shall more than 12
			 months elapse between the month in which any services or supplies are furnished
			 to the social services district and the month of payment for those services or
			 supplies;
(d) in cases where
			 payment of an item has been deferred pending final determination of a legal or
			 administrative proceeding involving the liability of the social services
			 district therefore, payment shall be made by the end of the third month
			 following the month of final determination.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 303 - Prohibitions Against Discrimination › Section 303.1 - Social services district policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
			 social services district or official shall establish or apply any policy or
			 practice which would have the effect of discriminating against an individual
			 because of race, color, national origin, age, sex, religion or handicap. This
			 prohibition shall apply to all aid, care, services, benefits or privileges
			 provided directly, or indirectly by other agencies, organizations or
			 institutions participating under contractual or other arrangements.
(b) In the provision of public assistance,
			 child welfare services, other care and services, no social services district or
			 any member of its staff shall, on the basis of race, color, national origin,
			 age, sex, religion or handicap:
(1) deny an
			 individual any aid, care, services, other benefits or privileges provided by
			 the district;
(2) provide any aid,
			 care, services, other benefits or privileges to an individual which are
			 different, or are provided in a different manner, from that provided to
			 others;
(3) subject an individual
			 to segregation or separate treatment in any matter related to his receipt of
			 any aid, care, services, other benefits or privileges;
(4) restrict an individual in any way in the
			 enjoyment of any advantage or privilege enjoyed by others receiving any aid,
			 care, services, other benefits or privileges;
(5) treat an individual differently from
			 others in determining whether he satisfies any eligibility or other requirement
			 or condition which individuals must meet in order to receive any aid, care,
			 services, other benefits or privileges;
(6) deny any individual an opportunity to
			 participate in a program through the provision of services or otherwise or
			 afford him an opportunity to do so which is different from that afforded others
			 under the program (including the opportunity to participate in the program as
			 an employee where the primary objective of the program is to provide
			 employment, including a program under which the employment is provided to
			 reduce unemployment);
(7) make
			 distinction in relation to use of physical facilities, intake and application
			 procedures, caseload assignments, determination of the amount and type of aid,
			 care, services and other benefits under the program and use thereof.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 303 - Prohibitions Against Discrimination › Section 303.2 - Utilization of other organizations

Current through Register Vol. 46, No. 28, July 10, 2024
No social services district shall utilize, purchase or
			   otherwise obtain assistance, care or services from any organization,
			   institution or facility which discriminates on the basis of race, color,
			   national origin, age, sex, religion or handicap, as set forth in section
			   303.1 
			   of this Part or otherwise, nor shall it participate in any program that so
			   discriminates.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 303 - Prohibitions Against Discrimination › Section 303.3 - Participants in community work and training programs

Current through Register Vol. 46, No. 28, July 10, 2024
In the operation of community work and training programs
			   and in its participation in any program under the Economic Opportunity Act, no
			   social services district shall permit any discrimination on the basis of race,
			   color, national origin, age, sex, religion or handicap, in the selection of
			   participants for the program, assignment or reassignment to projects,
			   promotions, demotions, rates and form of compensation, separate use of
			   facilities or other treatment of participants.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 303 - Prohibitions Against Discrimination › Section 303.4 - Volunteers and other nonemployees of social services districts

Current through Register Vol. 46, No. 28, July 10, 2024
No social services district shall permit discrimination
			   on the basis of race, color, national origin, age, sex, religion or handicap,
			   in any program of public assistance, care or service by a nonemployee, such as
			   a volunteer, consultant, observer, trainee, participant in an institute or
			   member of an advisory group.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 303 - Prohibitions Against Discrimination › Section 303.5 - Compliance with the Civil Rights Act of 1964 (as amended in 1972) and the Rehabilitation Act of 1973

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for or recipients of public assistance and
			   care may not be placed in or referred to a public, private nonprofit or private
			   proprietary facility which discriminates on the basis of race, color, national
			   origin, age, sex, religion or handicap contrary to the requirements of titles
			   VI and VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, or
			   violates either section 40  of the Civil Rights Law of the State of
			   New York or section 296  of the Executive Law of the State of New
			   York, nor may services be provided which would be supportive of such facility
			   or vendor payments made thereto.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 303 - Prohibitions Against Discrimination › Section 303.6 - Protection of recipients from unlawful discrimination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a social services official or any
			 member of his staff reports instances of discrimination against a recipient of
			 public assistance and care based on age and employment, or race, color,
			 national origin, age, sex, religion or handicap in the fields of employment,
			 housing or public accommodation, which comes to his attention, he shall use the
			 prescribed form.
(b) There shall be
			 displayed in each local social services department and in each of its branch
			 offices an informational poster of the State Commission for Human Rights. Staff
			 of each local department shall be informed of their responsibilities to report
			 instances of discrimination to the Commission for Human Rights.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 303 - Prohibitions Against Discrimination › Section 303.7 - Persons with AIDS or infected with HIV

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the term handicap includes
			   being diagnosed as having AIDS, testing positive for HIV infection, or being
			   perceived as susceptible to AIDS or HIV infection. Such persons must be
			   protected from discrimination in accordance with all applicable provisions of
			   this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 1 - Program and Organization › Part 304 - Protection of Vulnerable Homeless Persons › Section 304.1 - Emergency Measures for the Homeless During Inclement Winter Weather

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
			 this section, "inclement winter weather" shall mean air temperatures at or
			 below 32 degrees Fahrenheit, including National Weather Service calculations
			 for windchill.
(b) In order to
			 mitigate the effects of inclement winter weather and the resulting impacts of
			 such weather on individuals experiencing homelessness, each social service
			 district shall:
(1) work with police
			 agencies, including the New York State Police, and state agencies to take all
			 necessary steps to identify individuals reasonably believed to be homeless and
			 unwilling or unable to find the shelter necessary for safety and health in
			 inclement winter weather, and to direct and offer to move such individuals to
			 the appropriate sheltered facilities;
(2) take all necessary steps to extend, or to
			 have providers extend, shelter hours, to allow individuals experiencing
			 homelessness to remain indoors;
(3)
			 instruct homeless service outreach workers to work with other relevant
			 personnel and to work with local police in relation to the involuntary
			 transport of individuals who refuse to go inside and who appear to be mentally
			 ill and at-risk for cold-related injuries to appropriate facilities for
			 assessment consistent with the provisions of section 9.41  of the Mental Hygiene Law;
(4) work in coordination with the State
			 Police and all police agencies to ensure that individuals facing homelessness
			 receive assistance as needed to protect their health and safety; and
(5) ensure that all facilities used to
			 shelter homeless individuals during periods of inclement winter weather are
			 safe, clean, and well maintained and supervised, as required by state and local
			 laws, regulations, administrative directives, and guidelines including local
			 building and fire codes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 311 - Change Of Residence › Section 311.1 - Assistance, care and services to recipients of grants from other States

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance
			 with the responsibility of social services officials to provide assistance,
			 care and service for persons residing in or found in their districts, such
			 officials must extend to recipients of grants from other states any essential
			 care and service which the state continuing the grant is unable to provide,
			 with the following limitations:
(1) For the
			 first six months after establishing residency in this State, home relief
			 benefits are limited to the standard of payment for general assistance in the
			 state in which such person resided immediately prior to establishing residency
			 in this State. In no event can the grant be greater than the grant for which
			 the person would otherwise be eligible for under this Title. If there is no
			 general assistance program in the state in which the person previously resided,
			 home relief will not be payable for the first six months after establishing
			 residency in this state.
(2) Home
			 relief benefits are not payable for persons entering this State from outside
			 the United States, its territories or possessions for the first six months
			 after their establishment of residency in this State.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 311 - Change Of Residence › Section 311.2 - New York State recipients who are temporarily absent from the district of administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 State reimbursement will be allowed on grants to recipients of assistance to
			 the blind, aid to dependent children or old age assistance who are temporarily
			 absent from the district of residence as defined in the rules of the Board of
			 Social Welfare [see Chapter I of this Title]. The administrative agency of the
			 district of permanent residence shall meet any special needs such as need for
			 medical care in a home or in a hospital, through provision of a special direct
			 grant or through indirect payment. Verification of such special need shall be
			 secured by direct contact with client and physician or hospital or by request
			 from the public welfare official in the community where the recipient is
			 temporarily under care. All arrangements and costs relating to the temporary
			 absence of recipients shall be made in accordance with instructions issued by
			 the department.
(b) State
			 reimbursement will be allowed on grants of direct or indirect assistance made
			 by the district of temporary residence (within the State) to or on behalf of
			 recipients of AB, ADC or OAA only in the case of emergency
			 hospitalization.
(c) Except for
			 ADC, a regular grant may be continued during temporary absence without prior
			 approval of the administrative agency regarding such absence. If, however, the
			 recipient requests transportation, such request shall be granted in accordance
			 with instructions issued by the department.
(d) The district of permanent residence is
			 responsible for establishing need for continuing assistance during such
			 temporary absence and for documenting such need in the case record in
			 accordance with instructions issued by the department.
(e) When a recipient of ADC or SSI dies
			 during the period of temporary absence within the State, the district of
			 permanent residence must provide burial if the care falls within the provisions
			 of paragraph (c) of subdivision 5 of section 62  of the Social Services Law. If not, the
			 town, city or county where death occurs is responsible.
(f) Care may be provided in a hospital
			 outside the State when appropriate medical facilities are not available within
			 the district. If an out-of-state hospital is used, it is essential that prompt
			 clearance be made with the area office concerning inspection and
			 approval.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 311 - Change Of Residence › Section 311.3 - New York State recipients who change residence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
			 When a recipient in receipt of home relief or aid to dependent children removes
			 from one social services district to another district within the State, the
			 social services official administering such aid, including medical assistance
			 to such recipient, shall continue to provide such assistance for a period
			 ending on the last day of the calendar month next succeeding the calendar month
			 in which the recipient moved, provided the recipient continues to be eligible
			 for such assistance. The former district of residence shall not continue to
			 grant assistance when the recipient takes up residence outside the
			 State.
(2) When a recipient of
			 medical assistance only removes from one social services district to another
			 district within the State, the social services official administering medical
			 assistance only, may continue to administer medical assistance to such person
			 for a period not to extend beyond the last day of the calendar month next
			 succeeding the calendar month in which such removal occurred, provided such
			 person is otherwise eligible for such assistance and has not become a recipient
			 of public assistance or care in the district to which he has removed.
(3) When a family receiving transitional
			 child care moves from one social services district to another district within
			 the State, the new social services district of residence is responsible for
			 payments for transitional child care beginning with the second full month that
			 the family has lived in that district, provided the recipient continues to be
			 eligible for such child care. The former social services district is obligated
			 to continue payment for transitional child care during the month the family
			 moves to a different district, and the first full month following the month of
			 such move.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 313 - Mental Hygiene › Section 313.1 - General policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Duties of a
			 social services official with regard to mentally ill persons. In accordance
			 with the provisions of section 9.47  of the Mental Hygiene Law, when a
			 social services official, in the course of the performance of his or her
			 duties, becomes aware of a mentally ill or apparently mentally ill person in
			 the district who needs care and treatment and is unable to pay for it, the
			 official must so notify the local director of community services, or, if there
			 be no such director, the local health officer.
(b) Responsibility for meeting special needs
			 of patients in State mental hygiene facilities.
(1) In accordance with the provisions of
			 section 29.17  of the Mental Hygiene Law, the State
			 Department of Mental Hygiene will, upon discharge or release, provide each
			 patient with:
(i) adequate clothing
			 appropriate to the season in which he or she is discharged or released;
			 and
(ii) money not in excess of
			 $50, if required to defray his or her expenses until the patient can reach his
			 or her relatives or friends or find employment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 313 - Mental Hygiene › Section 313.2 - Service responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Each social services district must, in addition to the requirements set forth
			 in section
			 313.1 
			 of this Part, provide certain clients with follow-up visits as follows:
(1) For persons in living arrangements other
			 than those certified by this office, or the State Office of Children and Family
			 Services, State Office of Mental Health or State Office of Mental Retardation
			 and Developmental Disabilities, social services districts must maintain contact
			 for five years following the discharge or release by:
(i) making quarterly visits to the client in
			 the first year following discharge or release, with the first visit occurring
			 within 30 days of discharge or release; and
(ii) making semiannual visits to the client
			 for the following four years. Social services districts may make more frequent
			 visits and/or continue visits beyond the five-year period if determined
			 appropriate by the district.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 313 - Mental Hygiene › Section 313.3 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Social Services Law, § 136; Mental Hygiene Law,
			   § 36.5
(a)
Obtaining
			 information.
Information about persons who are about to be, or have
			   been, discharged or released from State mental hygiene facilities and who have
			   applied for or are receiving public assistance and care may be obtained from
			   those facilities by social services officials as follows:
(1) Information concerning a patient's
			 identity and period or periods of hospitalization shall be obtained if
			 necessary to determine fiscal responsibility for his public assistance and
			 care. In such cases, the patient's consent is not required.
(2) Other information about the patient,
			 including information from his clinical record which is required by the local
			 department, may be obtained only with the written consent of the
			 patient.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.1

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.2

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.3

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.4

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.5

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.6

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.7

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 315 - Limits On Administrative Expenses And Executive Compensation (Repealed) › Section 315.8

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 3 - Office Management › Part 320 - Local Equivalent Forms › Section 320.1 - Required forms supplied by the department

Current through Register Vol. 46, No. 28, July 10, 2024
Local social services agencies shall use forms required
			   by and furnished by the department unless local equivalents thereof are
			   permitted and approved. A local equivalent may be in the form of punched cards,
			   magnetic tape or other data processing media as well as printed records. The
			   use of a local equivalent as a substitute for any such required form shall be
			   approved by the department in advance of its use. Similarly, revisions of a
			   previously approved local equivalent form shall be approved by the department
			   in advance of its use. Approval shall be requested in accordance with the
			   instructions of the department. The provisions of this section shall also apply
			   to alternate required forms.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 3 - Office Management › Part 320 - Local Equivalent Forms › Section 320.2 - Required forms not supplied by the department

Current through Register Vol. 46, No. 28, July 10, 2024
Where the department requires a form to be used for a
			   specific purpose but does not supply it, the department will specify the basic
			   minimum requirements for the form. Local social services agencies shall be
			   responsible for supplying a form which meets the basic minimum requirements set
			   by the department. These forms shall not come under the approval requirements
			   of section
			   320.1 
			   of this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 3 - Office Management › Part 320 - Local Equivalent Forms › Section 320.3 - Recommended forms

Current through Register Vol. 46, No. 28, July 10, 2024
The term recommended forms applies to those forms which
			   are supplied by the department, but whose use is not required. Local equivalent
			   of such forms shall not be subject to approval by the
			   department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 3 - Office Management › Part 320 - Local Equivalent Forms › Section 320.4 - Revision of required forms by the department

Current through Register Vol. 46, No. 28, July 10, 2024
Local social services agencies having approved local
			   equivalents of required forms supplied by the department shall be required to
			   resubmit such forms for approval if:
(a) the department makes revisions in the
			 required form; and
(b) the
			 department requests such resubmission.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 3 - Office Management › Part 320 - Local Equivalent Forms › Section 320.5 - Withdrawal of approval or other changes

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall limit the right of the
			   department for good reason and upon appropriate notice:
(a) to withdraw approval of a local
			 equivalent of a required form supplied by the department;
(b) to amend its basic minimum requirements
			 on required forms not supplied by the department;
(c) to change the status of a required form
			 as between those supplied by the department and those which are not;
			 or
(d) to change the status of
			 forms as between recommended and required.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 4 - Audits and Reviews › Part 325 - Survey Of Public Assistance › Section 325.1 - Eligibility survey definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An eligibility survey involves at least
			 the following procedures:
(1) selection of
			 cases to be read;
(2) review of
			 district policy and procedure;
(3)
			 reading of selected cases to determine in each case whether:
(i) initial and continuing eligibility has
			 been promptly and accurately determined;
(ii) assistance and care has been promptly
			 and properly authorized and granted;
(iii) the recipient's right to prompt
			 notification of the local department's decision and the reason or reasons
			 therefor and his right of appeal and fair hearing have been upheld;
(4) clearance of questioned
			 cases;
(5) withholding of State or
			 Federal reimbursement or both when improperly claimed.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 4 - Audits and Reviews › Part 325 - Survey Of Public Assistance › Section 325.2 - Eligibility survey deductions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Basis for deductions. Deductions shall be
			 scheduled when for the survey period it is found the case record:
(1) contains evidence that a recipient was
			 not eligible for all or part of the assistance granted; or
(2) fails to substantiate eligibility in
			 whole or in part; or
(3) reveals
			 errors in computation of the amount of assistance granted; or
(4) indicates assistance was granted for
			 purposes not authorized by Social Services Law and department regulations, or,
			 if authorized, not subject to State or Federal aid.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 4 - Audits and Reviews › Part 326 - Quality Control › Section 326.1 - Basis of requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To enable the department to carry out the system of
			   review entitled "quality control" mandated by the United States Departments of
			   Agriculture and Health and Human Services, which requires the selection of a
			   sample of social services district cases for review, each social services
			   district must comply with the requirements set forth in this
			   Part.