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 B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.35 - Eligibility for temporary housing assistance for homeless persons

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope. This
			 regulation governs the provision of temporary housing assistance to persons who
			 are homeless. It sets forth the requirements with which an individual or family
			 who applies for temporary housing must comply in order to be eligible for
			 temporary housing assistance.
(b)
			 Definitions.
(1) Assessment is the evaluation
			 of an individual's or family's housing and housing-related public assistance
			 and care needs including, but not limited to, the availability of housing, the
			 need for temporary housing assistance, employment and educational needs, the
			 need for preventive or protective services, the ability to live independently,
			 and the need for treatment of physical and mental health problems, including
			 substance abuse.
(2) Independent
			 living plan is a plan developed and/or revised by a social services district
			 and/or its designee, with the cooperation of an individual or family, which
			 sets forth a strategy for meeting such individual's or family's housing-related
			 public assistance and care needs as identified in an assessment and for
			 obtaining housing other than temporary housing and which establishes such
			 individual's or family's responsibilities during their receipt of temporary
			 housing assistance and specifies the conditions upon which temporary housing
			 assistance will be provided. An independent living plan also must specify the
			 temporary housing facility, if any, to which the individual or family has been
			 or will be referred, any requirements of such facility, and the expected
			 duration of the individual's or family's receipt of temporary housing
			 assistance.
(3) Temporary housing
			 includes family shelters authorized by Part 900 of this Title and section
			 352.8(a) 
			 of this Part, room and board authorized by section
			 352.8(b) 
			 of this Part which is provided to a homeless person on a temporary basis,
			 hotel/motel facilities authorized by section
			 352.3(e) 
			 of this Part and shelters for adults authorized by Part 491 of this
			 Title.
(4) Temporary housing
			 assistance is a public assistance benefit provided temporarily for an eligible
			 homeless individual or family to meet an immediate need for shelter.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 353 - Recovery Of Interim Assistance › Section 353.1 - Introduction and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements subdivision 5 of section 211  of the Social Services Law, as amended
			   by chapter 41 of the Laws of 1992 (section 137). Section 211 authorizes
			   recovery of payments made from State and local funds for basic needs of
			   individuals whose applications for Supplemental Security Income (SSI) are
			   pending or whose SSI benefits are retroactively reinstated after a period of
			   suspension or termination. This Part applies to any SSI paid as a retroactive
			   lump sum after the effective date of the Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 353 - Recovery Of Interim Assistance › Section 353.2 - Interim assistance to SSI applicants and recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Interim assistance means payments for
			 basic needs made exclusively from State and/or local funds and furnished to or
			 on behalf of:
(i) an applicant for SSI during
			 the period in which the application is pending, beginning with the date on
			 which the recipient became eligible for SSI and ending with the month in which
			 the initial SSI payment is received or the following month if delivery of such
			 payment for basic needs cannot be stopped during the month the individual's SSI
			 payment begins; or
(ii) a recipient
			 or former recipient of SSI for any period for which the recipient's SSI payment
			 is reinstated after a period of suspension or termination, such period ending
			 with the month in which the SSI payment is reinstated or the following month if
			 delivery of such payment for basic needs cannot be stopped during the month the
			 individual's SSI payment resumes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 354 - Case Recording › Section 354.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition of
			 case record. Case record means all written material concerning an applicant or
			 recipient, including the application form, the case history, budget and
			 authorization forms, medical, resource and financial records.
(b) Maintenance of case record. A case record
			 shall be maintained for each application and for each case of public assistance
			 in order to provide a systematic record of interviews with the applicant or
			 recipient and with other sources of information. The information obtained
			 through social investigation shall be entered promptly on required forms (or
			 approved local equivalents) and/or recorded in the social case
			 history.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 354 - Case Recording › Section 354.2 - Content of case records: purpose and use

Current through Register Vol. 46, No. 28, July 10, 2024
The case record shall present a clear and accurate
			   account of the district's provision of assistance and care, and of the services
			   provided either directly or by referral to other community programs. The
			   evidence in the case record shall be used to:
(a) substantiate the determination of initial
			 and continuing eligibility, or ineligibility, for assistance or care;
(b) document compliance with requirements
			 pertaining to the fiscal and accounting aspects of the use of public
			 funds;
(c) validate the supervisory
			 review and written approval of case action by the social services official or
			 by his authorized representative;
(d) insure continuity and consistency of
			 service and planning in accordance with individual need regardless of changes
			 in district staff;
(e) evaluate the
			 situation in connection with appeals or reapplication.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 354 - Case Recording › Section 354.3 - Case activity control

Current through Register Vol. 46, No. 28, July 10, 2024
Each district shall establish and maintain supervisory
			   control of required interviews with recipients, periodic redetermination of
			   eligibility, periodic reauthorizations of assistance, issuance of notices to
			   recipients, and shall record the completion of such action. There shall be
			   maintained, easily available to the social service staff, a current, cumulative
			   record of assistance authorized.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 355 - Information Pamphlets; Notification Of Decisions › Section 355.1 - Responsibility of social services agency to provide information to applicants and recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 local social services department shall give information concerning the
			 following to every person who inquires about or applies for public assistance
			 or care:
(1) the eligibility requirements for
			 public assistance or care;
(2) the
			 legal responsibility of the applicant or recipient to give the social services
			 official complete information about his property, his earnings, his relatives,
			 and any other resources which might affect his eligibility;
(3) the method of computing a public
			 assistance grant or determining eligibility for care;
(4) the right to complain to the State
			 department when dissatisfied with the local decision, and the right to appeal
			 to the department and request a fair hearing;
(5) the right to appeal and to request a fair
			 hearing is also extended to an applicant for home relief whose application is
			 denied under the provisions of section 139-a  of the Social Services Law;
			 and
(6) the prohibition against
			 discrimination on the basis of race, color, religion, national origin, age,
			 sex, handicap or marital status under State and Federal law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 355 - Information Pamphlets; Notification Of Decisions › Section 355.2 - Informational pamphlets

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 General. To provide information about public assistance and care, each local
			 department shall promptly give a copy of the appropriate informational pamphlet
			 to each person who inquires or applies.
(b) Fair hearings. Information about fair
			 hearings shall be given to applicants for and recipients of assistance under
			 the following conditions and at the following times:
(1) at the time of application;
(2) upon denial of application or
			 notification of intent to reduce or discontinue assistance;
(3) upon receipt of a complaint about or
			 appeal of the local department's determination;
(4) upon receipt of a complaint concerning
			 the alleged inadequacy of a grant;
(5) at the time of transfer or
			 reclassification to another program administered by the same local department;
			 and
(6) at the time of an increase
			 in assistance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 355 - Information Pamphlets; Notification Of Decisions › Section 355.3 - Notification of local department decisions- all programs except SSI and MA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notification to
			 applicants. Each applicant for ADC, ADC-U, ADC-FC, EAF, EAA, HR or VA shall be
			 notified in writing of the local department decision on his application. Each
			 applicant for institutional care for adults shall be notified either in writing
			 or in an interview of the local department decision on his application.
(1) Notification of acceptance.
(i) When an application is accepted for ADC,
			 ADC-U, ADC-FC, EAF, EAA, HR or VA and a grant is to be made to the applicant,
			 the letter of notification shall state the amount of the grant and the date the
			 check may be expected; contain information on the program and on the right of
			 appeal; and include an explanation of the budget on which the grant was
			 based.
(ii) When an application is
			 accepted for care in a congregate care facility, the applicant shall be
			 notified by letter or interview that the care has been approved and the
			 controlling conditions including any plans for partial payment or repayment
			 under which such care is approved.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 355 - Information Pamphlets; Notification Of Decisions › Section 355.4 - Notification of local department decisions-SSI and MA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each applicant for social services who is
			 an applicant for or recipient of supplemental security income or medical
			 assistance shall be notified in writing of the decision on his
			 application.
(b) When an
			 application for services is denied, the letter of notification shall state
			 adequately and clearly the reasons for the denial.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 355 - Information Pamphlets; Notification Of Decisions › Section 355.5 - Transfers and reclassifications

Current through Register Vol. 46, No. 28, July 10, 2024
All of the above listed procedures covering notification
			   of agency decision shall be observed for persons actively in receipt of
			   assistance or care when transferred or reclassified to another program. The
			   notification should include statements covering the programs involved and the
			   reason for the change, right of complaint or appeal if dissatisfied with the
			   new action, and reference to and enclosure of an appropriate informational
			   pamphlet.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 356 - Inquiries And Complaints › Section 356.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inquiry. An
			 inquiry is any request for information that does not constitute an application
			 for public assistance or care and that does not come within the definition of a
			 complaint as defined in subdivision (b) of this section.
(b) Complaint. A complaint is any written or
			 oral communication made to a social services district or the department by or
			 on behalf of an applicant for or recipient of public assistance or care, other
			 than a complaint for which there is a right to a fair hearing, or a
			 communication from any other source directed or referred to the social services
			 district or the department alleging, directly or indirectly, dissatisfaction
			 with:
(1) the action or failure to act in a
			 particular case;
(2) the manner in
			 which a social services district generally handles its cases;
(3) the social services districts' facilities
			 and services, or the manner in which it generally conducts its
			 business;
(4) other facilities or
			 services (public or private) employed by a social services district for
			 providing care and services for its clients; or
(5) any other aspect of social services
			 administration not mentioned in this section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 356 - Inquiries And Complaints › Section 356.2 - Handling of inquiries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
			 inquiry received by a social services district or the department shall be
			 promptly answered. If the information requested is not available, the inquiry
			 shall be acknowledged and referred to the appropriate source for reply.
			 Whenever appropriate, informational pamphlets shall be utilized.
(b) Requests from other agencies, within or
			 without the State, for information requiring field investigation shall receive
			 an immediate acknowledgment followed by a reasonably timed report of findings.
			 The instructions published in the Public Welfare Directory shall be
			 followed.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 356 - Inquiries And Complaints › Section 356.3 - Handling of complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
			 complaint received shall be promptly acknowledged. If received by mail,
			 acknowledgment may be either by letter or a home visit by a staff member. In
			 acknowledging a complaint, the writer shall be informed that the letter or
			 interview is in response to the communication.
(b) The substance of the complaint shall be
			 reviewed and analyzed in relation to the case history or other office records
			 in order to relate the social services district's knowledge of the past
			 situation to the present problem as the complainant sees it and to determine
			 the validity of the complaint.
(c)
			 The social services district shall be responsible for reviewing its own
			 activity and for making such additional investigation as may be necessary in
			 order to determine what appropriate action is required.
(d) When a complaint has been referred by
			 another agency and a report requested, the local social services department
			 shall render such report with due regard to the confidential nature of social
			 services records.
(e) When a
			 complaint has been referred by the department to a social services district, a
			 report shall be submitted within 20 days of the date of such request and shall
			 cover fully all matters pertaining to the complaint. If the time limit cannot
			 be met, an interim report shall be sent. The final report shall include:
(1) a statement that the complainant was
			 informed the contact resulted from the complaint;
(2) facts in possession of the social
			 services district and any additional information requested by the department or
			 essential to its understanding of the case; and
(3) any action taken by the social services
			 district and whether the complainant is satisfied with the explanation provided
			 him.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 357 - Confidential Nature Of Records › Section 357.1 - Nature of information to be safeguarded

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information to be safeguarded includes
			 names and addresses of applicants, recipients, and their relatives, including
			 lists thereof; information contained in applications and correspondence;
			 reports of investigations; reports of medical examination, diagnostic tests and
			 treatment, including reports on whether an applicant or recipient has had an
			 HIV-related test or has been diagnosed as having AIDS, HIV infection or an
			 HIV-related illness; resource information; financial statements; and record of
			 agency evaluation of such information. This applies to all information secured
			 by the agency whether or not it is contained in the written record.
(b) For purposes of this Part:
(1) AIDS means acquired immune deficiency
			 syndrome, as may be defined from time to time by the Centers for Disease
			 Control of the United States Public Health Service.
(2) HIV infection means infection with the
			 human immunodeficiency virus or any other related virus identified as a
			 probable causative agent of AIDS.
(3) HIV-related illness means any illness
			 that may result from or may be associated with HIV infection.
(4) HIV-related test means any laboratory
			 test or series of tests for any virus, antibody, antigen or etiologic agent
			 whatsoever thought to cause or to indicate the presence of AIDS.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 357 - Confidential Nature Of Records › Section 357.2 - Prohibition against disclosure of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Officers and employees of social services
			 districts shall not reveal information obtained in the course of administering
			 public assistance for purposes other than those directly connected with the
			 administration of public assistance, except for the name, address and the
			 amount received by or expended for a recipient of public assistance when the
			 appropriating body or social services official has authorized their disclosure
			 to an agency or person deemed entitled to it pursuant to section 136  of the Social Services Law.
(b) Any release of information pursuant to
			 this section which would reveal that a person has been the subject of an
			 HIV-related test, or has HIV infection, HIV-related illness or AIDS, is subject
			 to the provisions of section 2782  of the Public Health Law. In
			 accordance with such section, confidential HIV-related information relating to
			 a recipient of a health or social service as defined in section 2780  of the Public Health Law, may be
			 disclosed to authorized employees of the department or of social services
			 districts when reasonably necessary for such employees to supervise, monitor,
			 administer or provide such service and such employees would, in the ordinary
			 course of business, have access to records relating to the care of, treatment
			 of or provision of a health or social service to such recipient.
(c) Each social services official shall
			 designate the person, or persons, within the agency with authority to disclose
			 information.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 357 - Confidential Nature Of Records › Section 357.3 - Basis for disclosure of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safeguards in disclosing information.
			 Information shall be released to another agency or person only when the public
			 welfare official providing such data is assured that:
(1) the confidential character of the
			 information will be maintained;
(2)
			 the information will be used for the purposes for which it is made available,
			 such purposes to be reasonably related to the purposes of the public welfare
			 program and the function of the inquiring agency; and
(3) the information will not be used for
			 commercial or political purposes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 357 - Confidential Nature Of Records › Section 357.4 - Prohibition against improper use of lists of applicants and recipients

Current through Register Vol. 46, No. 28, July 10, 2024
Additional statutory authority: Social Services Law,
			   §§ 136, 258, 320
All material sent to applicants and recipients of public
			   assistance, including material enclosed in envelopes containing checks, must be
			   directly related to the administration of the public assistance programs and
			   shall not have political implications.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 357 - Confidential Nature Of Records › Section 357.5 - Procedures for safeguarding information maintained by the New York State Department of Social Services, local social services districts and other authorized agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Records containing individually identifiable information shall be marked
			 "confidential" and kept in locked files or in rooms that are locked when the
			 records are not in use.
(b) When in
			 use, records shall be maintained in such a manner as to prevent exposure of
			 individual identifiable information to anyone other than the authorized party
			 directly utilizing the case record.
(c) No records shall be taken from the place
			 of business without prior authorization by appropriate supervisory staff of the
			 New York State Department of Social Services, the local social services
			 district or other authorized agency.
(d) No records shall be taken home by agency
			 staff except upon prior authorization by appropriate supervisory staff in order
			 to perform a function which requires the possession of the records outside of
			 the agency and where return of the records to the agency at the close of
			 business would result in an undue burden to the staff. In those cases where
			 records are taken home by staff, the records are to be maintained in a secure
			 location and are not to be disclosed to anyone other than those expressly
			 authorized by statute or regulation. The records are to be returned to the
			 agency by staff on the following business day.
(e) Records shall be transmitted from one
			 location to another in sealed envelopes stamped " confidential," and a receipt
			 shall be obtained documenting delivery of said records.
(f) Interviews with clients shall be
			 conducted at a location and in a manner which maximizes privacy.
(g) Employees of the New York State
			 Department of Social Services, the local social services district or the other
			 authorized agency, consistent with applicable statute and regulation, shall
			 have access to individual identifiable information only where the employee's
			 specific job responsibilities cannot be accomplished without access to
			 individual identifiable information.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 357 - Confidential Nature Of Records › Section 357.6 - Confidentiality policy and procedures manual

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State Department of Social Services, local
			   social services districts, and other authorized agencies shall disseminate to
			   staff a policy and procedures manual establishing and describing:
(a) responsibilities of staff to safeguard
			 information pursuant to statute, regulation and policy;
(b) procedures for properly informing clients
			 of records collection, access, utilization and dissemination;
(c) policies and practices relating to the
			 safeguarding of confidential information by the agency;
(d) procedures relating to employee access to
			 information; and
(e) disciplinary
			 actions for violations of confidentiality statutes, regulations and
			 policies.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-1 - Scope And Effective Date › Section 358-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations govern the fair hearing process and
				establish the rights and obligations of applicants, recipients, and social
				services agencies when an applicant or recipient seeks review of a social
				services agency action or determination regarding that individual's assistance
				or benefits under public assistance programs, medical assistance, the
				supplemental nutrition assistance program (SNAP), and the home energy
				assistance program (HEAP) and under various service programs as defined in
				section
				358-2.20 
				of this Part and any program or service administered through the New York State
				Office of Temporary and Disability Assistance (OTDA) as described in 18 NYCRR
				Part 385.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-1 - Scope And Effective Date › Section 358-1.3 - Social services agencies

Current through Register Vol. 46, No. 28, July 10, 2024
For social services agencies, these regulations govern
				the following:
(a) notices to be sent
			   to applicants and recipients of covered programs or services;
(b) agency conferences;
(c) information and documents to be provided
			   to applicants/recipients, or their representatives, who have requested a fair
			   hearing;
(d) the fair hearing
			   process; and
(e) compliance with
			   fair hearing decisions.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-1 - Scope And Effective Date › Section 358-1.4

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 B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The terms in Part 358 have the meanings set forth in
				this Subpart.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.1 - Action taken notice

Current through Register Vol. 46, No. 28, July 10, 2024
An action taken notice means a notice from a social
				services agency advising:
(a) an
			   applicant for food stamp benefits or a recipient of food stamps at
			   recertification of the social service agency's determination to accept or deny
			   food stamp benefits; or
(b) a
			   recipient of food stamp benefits, of an increase in benefits.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.3 - Adverse action notice

Current through Register Vol. 46, No. 28, July 10, 2024
Adverse action notice means a notice from a social
				services agency advising a recipient of food stamp benefits of its
				determination to discontinue, reduce, or suspend such recipient's food stamp
				benefits, within the food stamp certification period.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.4 - Agency conference

Current through Register Vol. 46, No. 28, July 10, 2024
Agency conference means an informal meeting at which an
				applicant or recipient may have any decision of a social services agency
				concerning the applicant's or recipient's public assistance, medical
				assistance, food stamp benefits, HEAP or services reviewed or may have any
				other aspect of the applicant's or recipient's case reviewed by an employee of
				that agency who has the authority to change the decision with which the
				applicant or recipient disagrees.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.5 - Aid continuing

Current through Register Vol. 46, No. 28, July 10, 2024
Aid continuing means the right to have public
				assistance, medical assistance, food stamp benefits or services continued
				unchanged until the fair hearing decision is issued.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.6 - Appellant

Current through Register Vol. 46, No. 28, July 10, 2024
Appellant means the party for whom the fair hearing is
				requested.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.7 - Applicant

Current through Register Vol. 46, No. 28, July 10, 2024
Applicant means a person who has applied for public
				assistance, medical assistance, HEAP, food stamp benefits, or a
				service.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.8 - Commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Commissioner means the New York State Commissioner of
				Temporary and Disability Assistance, or the Commissioner of Health or the
				Commissioner of the Office of Children and Family Services, depending upon the
				type of hearing involved as set forth in section
				358-2.30 
				of this Part, or their designees.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.9 - Covered programs or services

Current through Register Vol. 46, No. 28, July 10, 2024
Covered programs or services means one or more of the
				following: family assistance, safety net assistance, medical assistance,
				emergency assistance to aged, blind or disabled persons, emergency assistance
				to needy families with children, food stamps, HEAP, and any services funded
				through the New York State Department of Family Assistance as defined in
				section
				358-2.20 
				of this Subpart.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.10 - Department

Current through Register Vol. 46, No. 28, July 10, 2024
Department means the New York State Department of
				Family Assistance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.12 - Fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Fair hearing means a formal procedure provided by OAH
				upon a request made for an applicant or recipient to determine whether an
				action taken or failure to act by a social services agency was
				correct.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.13 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
Hearing officer means an attorney assigned by OAH to
				preside at hearings.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.14 - Mass change in the Food Stamp Program

Current through Register Vol. 46, No. 28, July 10, 2024
Mass change in the Food Stamp Program means changes
				initiated by the Federal government or a social services agency which affect
				all food stamp households or a significant portion of all food stamp
				households. Mass changes may include, but are not limited to, adjustments to
				income eligibility standards, shelter and dependent care deductions; the
				thrifty food plan and the standard deduction; annual and seasonal adjustments
				to social security, supplemental security income and other Federal
				benefits.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.15 - Notice of action

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of action means a notice from a social services
				agency advising an applicant, recipient or resident of a tier II facility of
				any action the agency intends to take or has taken on any assistance or
				benefits except food stamp benefits, including the acceptance, denial,
				discontinuance, suspension, or reduction of public assistance, medical
				assistance or services, an increase in public assistance or medical assistance,
				a change in the amount of one of the items used in the calculation of a public
				assistance grant or medical assistance spenddown although there is no change in
				the amount of such public assistance grant or medical assistance spenddown, a
				change in the manner or method or form of payment of a public assistance grant,
				a determination that an applicant for or a recipient of public assistance is
				not exempt from work program requirements pursuant to section
				385.2 
				of this Title, a restriction of a medical assistance authorization, and a
				denial or acceptance of HEAP or a determination to discharge a resident of a
				tier II facility involuntarily after such resident requests and participates in
				a hearing held by the facility or the social services district in which the
				facility is located.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.16 - Parties to a fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Parties to a fair hearing
means the
				person for whom a fair hearing is requested and the social services agency or
				agencies whose decision, action or failure to act is subject to review at the
				fair hearing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.17 - Public assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Public assistance includes family assistance and safety
				net assistance, emergency assistance to aged, blind or disabled persons,
				emergency assistance to needy families including special grants and benefits
				available pursuant to Part 352 of this Title and, for the purposes of this
				Part, refugee cash assistance issued in accordance with Part 373 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 B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.18 - Recipient

Current through Register Vol. 46, No. 28, July 10, 2024
Recipient means a person who is, or has been, receiving
				a covered program or service. For the purpose of this Part, recipient includes
				a former recipient seeking to review a determination of a social services
				agency and who would have a right to a hearing under section
				358-3.1 
				of this Part if such person were a current recipient.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance › Subpart 358-2 - Definitions › Section 358-2.19 - Restricted payment

Current through Register Vol. 46, No. 28, July 10, 2024
Restricted payment means one of the methods of payment
				described in Part 381 of this Title, including restricted money payment,
				indirect or vendor payment and protective payment.