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 2 - Determination of Eligibility-Categorical › Part 360 - MEDICAL ASSISTANCE › Subpart 360-10 - MEDICAID MANAGED CARE PROGRAMS › Section 360-10.9 - Marketing/outreach

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An MMCO may
			   only engage in marketing/outreach activities to the extent and in a manner
			   approved by the department, in accordance with marketing/outreach and
			   enrollment guidelines issued by the commissioner.
(b) MMCOs shall comply with
			   marketing/outreach and enrollment guidelines issued by the
			   commissioner.
(c) MMCOs shall
			   comply with State and Federal laws and implementing regulations regarding
			   marketing/outreach.
(d)
			   Marketing/outreach shall include but not be limited to activities of the MMCO,
			   a subcontractor, or individuals or entities affiliated with the MMCO, during
			   which information and material regarding Medicaid managed care or the FHP
			   program and information about a particular MMCO's affiliated products are
			   presented. Such information may be presented through verbal exchanges, the
			   distribution of written materials and/or the giving away of nominal gifts, as
			   per guidelines issued by the commissioner.
(e) MMCOs shall comply with State and Federal
			   laws and implementing regulations regarding confidentiality, including
			   adherence to HIV, mental health, and substance abuse confidentiality
			   requirements established under state law and implementing regulations; and
			   ensure marketing/outreach representatives' compliance with such requirements
			   through annual training, employee newsletters, and inclusion in the MMCO's
			   policies and procedure manual.
(f)
			   MMCOs shall prepare a marketing/outreach plan. Marketing/outreach plans shall
			   not be implemented without the prior written consent of the
			   commissioner.
(g) Each
			   marketing/outreach plan shall include, but not be limited to:
(1) goals and general marketing/outreach
			   strategy;
(2) a description of
			   marketing/outreach activities;
(3)
			   a staffing plan related to marketing/outreach including training and
			   compensation methodology and levels;
(4) a description of how the MMCO will meet
			   the informational needs of eligible persons including those who speak a
			   language other than English as a first language and/or who have a hearing,
			   visual, physical or cognitive impairment, in order to enable such persons to
			   make a voluntary and informed choice;
(5) a description of the activities the MMCO
			   will implement to monitor compliance with this section, including how the MMCO
			   will ensure compliance with State and Federal laws and implementing regulations
			   regarding confidentiality; and
(6)
			   identification of the primary marketing/outreach locations at which
			   marketing/outreach will be conducted.
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 2 - Determination of Eligibility-Categorical › Part 360 - MEDICAL ASSISTANCE › Subpart 360-10 - MEDICAID MANAGED CARE PROGRAMS › Section 360-10.10 - MMCO unacceptable practices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the unacceptable practices
			   set forth in Part 515 of this Title, it is an unacceptable practice for an MMCO
			   or any of its subcontractors to:
(1) fail to
			   provide or arrange for medically necessary services that the MMCO is required
			   to provide under its contract with the State;
(2) impose premiums or charges on enrollees
			   that are in excess of the premiums or charges allowed under the Medicaid
			   managed care program or the Family Health Plus Program;
(3) discriminate among enrollees on the basis
			   of their health status or need for health care services. This includes requests
			   for termination of enrollment by the MMCO, refusal by the MMCO to re-enroll an
			   enrollee, or any practice to discourage enrollment, except when an enrollee has
			   been disenrolled at the request of the MMCO in accordance with the guidelines
			   in the contract between the MMCO and the State;
(4) provide false or misleading information
			   to a prospective enrollee, health care provider, social services district, the
			   State, or the Federal government;
(5) commit one of the prohibited
			   marketing/outreach or enrollment practices defined in section
			   360-10.9(j) 
			   of this Subpart;
(6) violate any
			   other applicable requirements of section 1903 or 1932 of the Federal Social
			   Security Act and implementing regulations; or
(7) fail to comply with the terms of the
			   contract with the State.
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 2 - Determination of Eligibility-Categorical › Part 360 - MEDICAL ASSISTANCE › Subpart 360-10 - MEDICAID MANAGED CARE PROGRAMS › Section 360-10.11 - MMCO sanctions and due process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon a determination that an MMCO has
			   committed an unacceptable practice, the department may impose one or more of
			   the following sanctions:
(1) civil monetary
			   penalties;
(2) suspension of new
			   enrollment, including auto assignments, after the effective date of the
			   sanction; or
(3) termination of the
			   contract between the MMCO and the State.
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 2 - Determination of Eligibility-Categorical › Part 360 - MEDICAL ASSISTANCE › Subpart 360-10 - MEDICAID MANAGED CARE PROGRAMS › Section 360-10.12

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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.0 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part requires social services districts, subject to
			   the appropriation of funds therefor, to establish and implement a case
			   management system for eligible pregnant, parenting and at-risk adolescent
			   public assistance recipients, and specifies the case management activities the
			   social services districts are to perform. The purpose of the case management
			   system is to help eligible adolescents to maintain and strengthen their family
			   life and to attain or retain the capability for maximum self-support and
			   personal independence by assessing the adolescents' needs, providing the
			   adolescents with information about and referrals to services and assistance
			   providers which can help the adolescents meet their needs, and monitoring such
			   referrals. These regulations are required by the Teenage Services Act, chapter
			   975 of the Laws of 1984.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
			 purposes of this Part, case management activitiesmeans those activities
			 performed by case management staff, in consultation with an eligible adolescent
			 and other individuals involved with the adolescent if appropriate, related to
			 ensuring that the adolescent has full access to the comprehensive array of
			 services and assistance available in the community which the adolescent needs
			 to maintain and strengthen family life and to attain or retain the capability
			 for maximum self-support and personal independence.
(b) For the purposes of this Part, public
			 assistance recipientmeans an individual whose needs are included in a grant of
			 aid to dependent children, veteran assistance or home relief, or an individual
			 who is a payee of such benefits on behalf of his or her minor
			 child(ren).
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.2 - Administrative requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Case
			 management plans.
(1) Submission of plans.
			 Each social services district must develop, in consultation with the director
			 of its income maintenance program and staff of other divisions or agencies as
			 appropriate, a plan for performing the case management activities described in
			 this Part. A social services district must submit its case management plan to
			 the department for approval in a format and at a time specified by the
			 department.
(2) Amending plans. A
			 social services district may propose amendments to those provisions of its
			 approved case management plan which are within its discretion by submitting a
			 consolidated services plan or annual implementation report amendment to the
			 department for review and approval.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.3 - Prohibited activities

Current through Register Vol. 46, No. 28, July 10, 2024
Case managers and case management staff do not have the
			   authority, with respect to any adolescent for whom case management activities
			   are being performed and the child(ren) of such adolescent, to:
(a) provide, authorize or purchase services
			 or assistance reimbursable under title XX of the Federal Social Security Act or
			 otherwise administered or funded by the social services district;
(b) accept or deny any application for public
			 assistance or for services or assistance reimbursable under title XX of the
			 Federal Social Security Act or otherwise administered or funded by the social
			 services district; or
(c) place the
			 adolescent or his or her child(ren) in foster care, or remove the adolescent or
			 his or her child(ren) from the home of his or her parent or guardian.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.4 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mandatory
			 eligibility criteria. A social services district must offer to perform case
			 management activities with respect to any male or female adolescent who meets
			 all of the following mandatory eligibility criteria at the time the adolescent
			 is referred to case management staff for case management activities:
(1) is under 18 years of age;
(2) is a public assistance recipient;
			 and
(3) is a parent and resides in
			 the same household with his or her child(ren), or is pregnant.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.5 - Voluntary participation in case management activities

Current through Register Vol. 46, No. 28, July 10, 2024
A social services district may not impose, or threaten to
			   impose, fiscal or other sanctions on an adolescent who refuses to participate
			   in case management activities or refuses to be referred to or receive the
			   services or assistance identified in his or her personal plan as necessary to
			   maintain and strengthen family life and/or to attain or retain the capability
			   for maximum self-support and personal independence, except when the law
			   otherwise requires participation in programs in order to receive public
			   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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.6 - Intake and screening of cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Referral. Each social services district
			 must develop the means of identifying potentially eligible adolescents and for
			 having those adolescents referred to a case manager for intake and initial
			 assessment. The social services district must establish procedures for
			 separating out of the public assistance rolls the cases involving potentially
			 eligible pregnant, parenting and at-risk adolescents and for assigning case
			 managers to those adolescents. Case managers and case management staff may also
			 participate in or perform activities designed to inform other potentially
			 eligible adolescents that case management activities are available, including
			 but not limited to encouraging community organizations and services and
			 assistance providers to refer potentially eligible adolescents to the social
			 services district for case management activities. Special emphasis must be
			 placed on encouraging medical and health care providers to refer potentially
			 eligible pregnant adolescents to the social services district for case
			 management activities as soon as possible after pregnancy is
			 confirmed.
(b) Screening. Case
			 managers and case management staff must screen each adolescent referred for
			 case management activities to determine whether the adolescent meets the
			 eligibility criteria. Whenever appropriate, an adolescent who is not eligible
			 for case management activities must be referred to services within the social
			 services district or the community.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.8 - Initial interviews and needs assessments; case openings; interim plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initial
			 interview and needs assessment. Within 30 calendar days from the date an
			 adolescent is referred to case management staff for case management activities,
			 the case manager must interview the adolescent and any other appropriate
			 individual to determine the adolescent's willingness to participate in case
			 management activities and to assess the adolescent's and his or her
			 child(ren)'s immediate needs. During the initial needs assessment the case
			 manager must determine, at a minimum:
(1) if
			 the adolescent receives, or is eligible for, public assistance, food stamp, and
			 medical assistance entitlements;
(2) if the adolescent's living arrangements
			 are stable, including if there is a risk the adolescent will become homeless
			 within the next 90 days;
(3) if the
			 adolescent or his or her child(ren) have any health conditions or problems
			 requiring immediate medical attention; and
(4) if the adolescent or his or her
			 child(ren) have, or are substantially at risk of having, any other emergency
			 needs which may endanger their health or welfare.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.10 - Referrals to, and monitoring of, services and assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Referrals. The case manager and case
			 management staff must perform the activities necessary to ensure the adolescent
			 is referred and has access to the services and assistance providers to which
			 the adolescent chooses to be referred in order to receive help in maintaining
			 and strengthening family life and attaining or retaining the capability for
			 maximum self-support and personal independence. Such activities may include, as
			 appropriate to the adolescent's needs, capabilities and desires:
(1) informing the adolescent of the name and
			 location of available services and assistance providers, the nature and types
			 of services or assistance available from the providers, the hours the providers
			 operate, and the providers' application requirements;
(2) assisting the adolescent to apply for
			 needed services and assistance, including obtaining necessary application forms
			 and instructions, assisting the adolescent to complete required forms,
			 assisting the adolescent to obtain required documentation and evaluations,
			 scheduling appointments or other preapplication interviews, notifying services
			 or assistance providers that the adolescent has been referred for services or
			 assistance, making arrangements for the adolescent to obtain child care, and
			 accompanying the adolescent on interviews. The case manager and case management
			 staff also may assist any other appropriate individual in applying for needed
			 services and assistance which will help the adolescent attain his or her
			 goals;
(3) participating in case
			 conferences with the services and assistance providers identified in the
			 adolescent's personal plan to coordinate services and assistance delivery and
			 to eliminate any scheduling or other problems; and
(4) arranging for such transportation as is
			 necessary to ensure the adolescent's access to needed services and assistance,
			 provided the transportation is not otherwise available to the adolescent and
			 that its provision is necessary for the adolescent to attain a goal identified
			 in his or her personal plan.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.11 - Amending and reevaluating personal plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Amending the personal plan. The case
			 manager, in consultation with the adolescent and any other appropriate
			 individual, must amend the adolescent's personal plan whenever necessary
			 because of changes in the adolescent's circumstances or information received
			 through referrals or by monitoring services and assistance delivery.
(b) Reevaluating the personal plan. The case
			 manager, in consultation with the adolescent and any other appropriate
			 individual, must conduct a comprehensive reevaluation of the adolescent's
			 personal plan no later than six calendar months following the initial needs
			 assessment and every six months thereafter. The case manager may reevaluate the
			 personal plan more frequently if appropriate. During a comprehensive
			 reevaluation, the case manager must at least:
(1) review the goals the adolescent needs to
			 achieve and the tasks the adolescent needs to complete in order to maintain and
			 strengthen family life and to attain or retain the capability for maximum
			 self-support and personal independence;
(2) assess the extent to which the adolescent
			 achieved those goals and completed those tasks during the period since the
			 personal plan was established or most recently reevaluated, and how effective
			 the services and assistance providers to which the adolescent was referred were
			 in helping the adolescent to achieve those goals;
(3) review the goals and tasks the adolescent
			 will pursue until the next comprehensive reevaluation;
(4) revise the personal plan, if necessary,
			 based on information obtained during the comprehensive reevaluation;
			 and
(5) identify any new services
			 and assistance needs and referrals to be made to services and assistance
			 providers.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.12 - Individual case records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
			 required. The case manager must maintain an individual case record for each
			 eligible adolescent who participates in at least the initial interview and
			 assessment.
(b) Contents. Each
			 individual case record must include, but need not be limited to:
(1) summaries of the initial and
			 comprehensive needs assessments findings;
(2) copies of any specialized needs
			 assessments, such as medical, educational or vocational assessments, obtained
			 by the case manager in order to complete the assessment, planning and
			 monitoring activities;
(3)
			 identification of the short- and long-range goals which the assessments
			 indicate the adolescent needs to achieve in order to maintain and strengthen
			 family life and to attain or retain the capability for maximum self-support and
			 personal independence, and estimates of the time periods necessary to achieve
			 those goals;
(4) identification of
			 the services and assistance the adolescent needs in order to attain those
			 short- and long-range goals and of the services and assistance providers
			 available in the community to help the adolescent attain those goals and any
			 unavailable service or assistance;
(5) the adolescent's personal plan;
(6) documentation of the referrals made on
			 behalf of the adolescent to services or assistance providers, including the
			 dates the referrals were made and the times the appointments were to
			 occur;
(7) a list of all services
			 or assistance rendered by the district and by other public and private agencies
			 in the community;
(8) documentation
			 of the follow-up actions taken to ensure the adolescent received needed
			 services or assistance and any action taken to remove any barrier impeding the
			 maximum efficiency of services or assistance delivery;
(9) a list of the types of, and whenever
			 possible, the costs of and funding sources for the services and assistance the
			 adolescent received. The case manager and case management staff may perform the
			 activities necessary to determine such information; and
(10) documentation of oral communications
			 with, and copies of written communications to or from, the adolescent and
			 communications with any other individuals or agencies made on behalf of the
			 adolescent.
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 2 - Determination of Eligibility-Categorical › Part 361 - Case Management Activities For Pregnant And Parenting Adolescents › Section 361.13 - Closing and reopening cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Closing a case. The case manager must close a case and terminate case
			 management activities when the adolescent:
(1) successfully accomplishes all the
			 long-range goals identified in his or her case record;
(2) accomplishes, on schedule for one year,
			 the short-range goals identified in his or her individual case record for all
			 the primary assessment areas, and the adolescent and the case manager agree the
			 adolescent should pursue the long- range goals without the performance of case
			 management activities by the case manager;
(3) no longer is under the district's
			 jurisdiction;
(4) no longer meets
			 the eligibility requirements for case management activities; or
(5) requests that the case be closed. If the
			 adolescent fails, without explanation or cause, to keep three consecutive
			 appointments made by the case manager, and advance notice of the appointments
			 was provided to the adolescent and the appointments are documented in the
			 adolescent's individual case record, then the case manager may, but is not
			 mandated to, deem such failure to constitute a request by the adolescent to
			 have his or her case closed. However, the adolescent's failure to complete any
			 portion of his or her personal plan will not be deemed a request by the
			 adolescent to have his or her case closed.
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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.0 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part governs the Child Assistance Program (CAP). CAP
			   is a district optional component of the Family Assistance (FA) program. CAP is
			   designed to motivate FA recipients to take steps towards financial
			   self-sufficiency. A district may participate in CAP with the approval of the
			   Office of Temporary and Disability 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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.1 - Applicability of office regulations

Current through Register Vol. 46, No. 28, July 10, 2024
CAP is operated as part of a district's Family Assistance
			   program. As such, CAP participants are subject to all the regulations of this
			   Title governing FA, unless otherwise 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 B - Public Assistance › Article 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.2 - District responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
All districts authorized to operate CAP must:
(a) conduct sufficient outreach activities to
			 ensure that all FA recipients receive information including, but not limited
			 to: a summary of the benefits of CAP participation, the criteria required to
			 establish CAP eligibility, instructions on how to apply for CAP, and assurances
			 that participation in CAP is voluntary;
(b) conduct a face-to-face interview with all
			 FA recipients who have expressed an interest in participating in CAP. The
			 interview must include the completion of a program comparison estimating the
			 potential benefits which would be available to participants under FA and food
			 stamps, as well as under CAP and food stamps. The effect of CAP enrollment for
			 medical assistance and child care must also be reviewed with each potential
			 participant as part of this grant comparison process;
(c) assist potentially eligible program
			 participants when required under section
			 351.5(a) 
			 of this Title in obtaining all documentation necessary to allow the district to
			 determine their initial eligibility for CAP benefits;
(d) determine eligibility for CAP, food
			 stamps and medical assistance, and provide such benefits to otherwise eligible
			 families;
(e) determine to deny or
			 accept a request to transfer to CAP no later than the end of the month
			 following the month in which the family requests to transfer;
(f) provide case management services in
			 accordance with section
			 366.9 
			 of this Part;
(g) assist program
			 participants when required under section
			 351.5(a) 
			 of this Title in obtaining documentation necessary to establish their
			 continuing eligibility as required under this Part;
(h) process any reapplication for FA or
			 Safety Net Assistance (SNA) from a CAP participant who has expressed a desire
			 to return to either of these programs and, after a subsequent determination of
			 eligibility, restore benefits retroactive to the date of reapplication;
			 and
(i) inform program participants
			 of the availability of the child health insurance plan described in title one-A
			 of article 25 of the Public Health 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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.3 - General provisions of CAP

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following general provisions apply:
(1) Families eligible for benefits under CAP
			 are not eligible to receive assistance through Refugee Cash Assistance (RCA),
			 FA, or SNA, unless otherwise specified in this Part.
(2) Within the same household, family members
			 must either all receive CAP or all receive non-CAP public assistance (RCA, FA,
			 or SNA).
(3) Non-CAP public
			 assistance recipients can only be transferred from the non- CAP PA program to
			 CAP on the first day of a month.
(4) CAP participants will be eligible for
			 medical assistance under Part 360 of this Title only to the extent that the
			 participants meet the financial and categorical requirements for medical
			 assistance.
(5) When used in this
			 Part, the phrase poverty level will refer to the poverty guidelines issued by
			 the United States Bureau of the Census.
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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.4 - Eligibility requirements for CAP

Current through Register Vol. 46, No. 28, July 10, 2024
This section outlines the requirements for the CAP
			   program regulations contained in this Part.
(a) A potentially eligible program
			 participant requesting to transfer to CAP must complete the State-prescribed
			 recertification form and the State-prescribed form requesting enrollment in
			 CAP.
(b) An initial eligibility
			 interview must be completed to certify the applying family's eligibility for
			 CAP.
(c) The following eligibility
			 prerequisites must be met for a family to receive CAP:
(1) all family members requesting a transfer
			 to CAP must be in receipt of FA or meet the exception provided in subdivision
			 (d) of this section;
(2) the
			 custodial parent must possess a support order for each child enrolling in CAP,
			 and the parent named in the order must be absent from the home, except where
			 failure to obtain a support order is due to one of the following:
(i) the absent parent is deceased;
(ii) the custodial parent has demonstrated to
			 the satisfaction of the district a diligent effort to obtain a child support
			 order, including providing the district with the name of the non-custodial
			 parent and a verifiable address at which service of process can be effectuated,
			 but due to reasons outside the control of the custodial parent, a child support
			 order is not obtainable in a reasonable period of time. As long as the
			 custodial parent is cooperating with Part 347 of this Title in establishing
			 paternity and obtaining a child support order, such child support order will
			 not be considered available in a reasonable period of time after a four-month
			 period has elapsed from the date the name and verifiable address is provided to
			 the agency;
(iii) the custodial
			 parent has good cause, as defined in section
			 369.2(b)(4) 
			 of this Title, for not cooperating with either paternity establishment or
			 obtaining a child support order; or
(iv) the child resides with both parents, and
			 paternity has either been acknowledged in writing by both parents pursuant to
			 section 4135 (b)  of the Public
			 Health Law or section 111 (k)  of the Social
			 Services Law, or adjudicated;
(3) the child(ren) enrolling must meet the
			 definition of an eligible child found at section
			 369.2(c) 
			 of this Title; and
(4) the family
			 must be financially eligible for CAP under sections
			 366.5
			 and
			 366.6  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 B - Public Assistance › Article 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.5 - Need standards and allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 amount of the child assistance benefit will be established by the Office of
			 Temporary and Disability Assistance, subject to the approval of the Director of
			 the Budget. The maximum benefit a CAP household must receive is dependent upon
			 the number of children participating in CAP and the district in which the
			 family is residing. Districts are separated into three different categories:
			 Category A, Category B and Category C. The maximum benefits and districts which
			 comprise each category are:
Maximum Monthly CAP Benefits
Number of CAP Children
Category A
Category B
Category C
1
$390
$350
$280
2
$483
$443
$373
3
$576
$536
$466
4
$670
$630
$560
5
$763
$723
$653
6
$856
$816
$746
7
$950
$910
$840
The districts in each category are:
Category A districts
Nassau, Rockland, Suffolk and Westchester.
Category B districts
Broome, Delaware, Dutchess, Genesee, Jefferson, Monroe,
			   New York City, Onondaga, Ontario, Orange, Orleans, Otsego, Putnam, Seneca,
			   Sullivan, Tioga, Tompkins, Ulster, Warren and Wayne.
Category C districts
Albany, Allegany, Cattaraugus, Cayuga, Chautauqua,
			   Chemung, Chenango, Clinton, Columbia, Cortland, Erie, Essex, Franklin, Fulton,
			   Greene, Hamilton, Herkimer, Lewis, Livingston, Madison, Montgomery, Niagara,
			   Oneida, Oswego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie,
			   Schuyler, Steuben, Washington, Wyoming and Yates.
(b) The Office of Temporary and Disability
			 Assistance may develop a benefit methodology which will provide for the
			 periodic adjustment of the benefit level to reflect changes in maximum monthly
			 grants and allowances in the FA program. Under the methodology the office has
			 developed, the earned and unearned income of a CAP household is applied against
			 the maximum CAP benefit as described in subdivision (a) of this section to
			 determine eligibility and benefit amount.
(c) Unearned income of a CAP household is
			 fully applied against the maximum benefit when determining eligibility and
			 benefit amount.
(d) Earned income
			 of a CAP household is applied against the maximum benefit after first
			 disregarding a percentage of the earnings. When more than one CAP filing unit
			 member has earned income, the amount of earned income must be combined before
			 disregarding a percentage of the earnings. The percentage of earnings
			 disregarded is 90 percent up to the 1989 monthly poverty level of the CAP
			 household and 33 percent above the 1989 monthly poverty level of the CAP
			 household.
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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.6 - Budgeting

Current through Register Vol. 46, No. 28, July 10, 2024
The following general provisions apply:
(a) A participant is no longer eligible for
			 CAP when such individual is not eligible for benefits for four consecutive
			 months.
(b) Once the CAP benefit
			 has been determined for a payment quarter, no recalculation of the CAP benefit
			 may be made during that payment quarter if the family experiences an increase
			 or decrease in income. This provision does not apply to nonfinancial changes
			 which are not related to income which impact the CAP benefit.
(c) CAP participants are not eligible to
			 receive the child support pass-through provided for in section
			 352.15  of this
			 Title. However, when a family's monthly CAP benefit (including any special
			 allowances and recoupment amounts) is less than the amount of current child
			 support received by the agency in the same month, the district must provide the
			 family with the difference. This process, known as support reconciliation, must
			 be completed by the district when each quarterly report is received. Such
			 payments are not considered income for CAP.
(d) The public assistance lump sum provision
			 of section
			 352.29(h) 
			 of this Title does not apply to CAP. CAP households are allowed to retain lump
			 sums that are less than one quarter of the 1989 poverty level without impacting
			 their CAP eligibility. When a member of the CAP household receives a lump sum
			 which is more than one quarter of the 1989 poverty level, the household is
			 ineligible for public assistance for the number of CAP payment quarters which
			 equals the amount of the lump sum divided by the quarterly poverty
			 level.
(e) Grandparent and
			 stepparent deeming must be applied in determining CAP eligibility and benefit
			 amount when a grandparent or stepparent is legally responsible for a CAP filing
			 unit member but is not drawn into the CAP filing unit. CAP stepparent and
			 grandparent deeming follow the same procedures used for public assistance found
			 at section
			 352.14(a)(3) 
			 of this Title for the deeming of income, except that CAP deeming substitutes
			 the 1989 monthly poverty level for the work disregard found at section
			 352.14(a)(3)(i) 
			 of this Title and the standard of need disregard found at section
			 352.14(a)(3)(ii) 
			 of this Title.
(f) The cooperative
			 budgeting procedures found at section
			 352.32(e) 
			 of this Title do not apply when a CAP filing unit resides in the same home with
			 a public assistance filing unit.
(g) The undue hardship reduction procedures
			 found at section
			 352.31(d)(2) 
			 of this Title do not apply to CAP.
(h) The gross income limits found at section
			 352.18 
			 of this Title do not apply to CAP.
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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.8 - Food stamp eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Persons eligible for CAP will have their eligibility for
			   food stamps determined by the social services district in which the persons
			   reside. The district must obtain the documentation necessary to determine food
			   stamp eligibility in accordance with Part 387 of this Title and any subsequent
			   Federal waivers obtained which modify any of the provisions of that
			   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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.9 - Case management

Current through Register Vol. 46, No. 28, July 10, 2024
CAP districts must operate a case management system,
			   directly or through a service provider, which will assist CAP participants to
			   achieve economic and social self-sufficiency. The case management system must
			   follow one or a combination of the following case management processes: single
			   case manager, sequential case management or team case management. The CAP
			   management process must include an ongoing cycle of assessment, planning,
			   linking and monitoring to support the goal of self-sufficiency. Each CAP
			   participant's case management plan must be reviewed, evaluated and renewed
			   every three months.
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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.10 - Notice and procedural rights

Current through Register Vol. 46, No. 28, July 10, 2024
To the extent not inconsistent with this Part, all the
			   requirements in Part 358 of this Title concerning notice requirements and fair
			   hearings will apply to the same extent as they would apply to a person applying
			   for or in receipt of FA.
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 2 - Determination of Eligibility-Categorical › Part 366 - Child Assistance Program › Section 366.11 - Quarterly reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 CAP households must submit a quarterly report form to the social services
			 district in the three process months of an authorization period.
(b) The quarterly report form must contain
			 the following information:
(1) periodic
			 income and dates received, household composition and other circumstances
			 relevant in determining the amount of assistance; and
(2) any changes in income, household
			 composition or other relevant circumstances affecting eligibility for or the
			 amount of benefits which the household expects to occur in the current or
			 future months.
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 2 - Determination of Eligibility-Categorical › Part 368 - Aid To The Aged, Blind Or Disabled › Section 368.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Aid to the
			 aged, blind or disabled or AABD means the combined program for providing
			 financial assistance, care and referral for services, exclusive of medical
			 assistance, to the following:
(1) individuals
			 65 years of age or older (OAA);
(2)
			 blind persons (AB); and
(3)
			 individuals, 18 years of age but less than 65 who are permanently and totally
			 disabled (AD).
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 2 - Determination of Eligibility-Categorical › Part 368 - Aid To The Aged, Blind Or Disabled › Section 368.2 - Application for AABD

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 application for AABD shall be recorded on the application form required by the
			 department in accordance with the department regulations.
(b) If an applicant who is mentally capable
			 but physically handicapped, had help in completing the application form, his
			 signature and the signature and address of the person providing such help must
			 be entered on the application form.
(c) If an applicant who is mentally capable,
			 but illiterate, signs the application forms with an "X", the signature and
			 address of a person witnessing the "X" must be entered on the application
			 form.
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 2 - Determination of Eligibility-Categorical › Part 368 - Aid To The Aged, Blind Or Disabled › Section 368.3 - Determination of initial eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Eligibility for AABD shall be determined for each
			   applicant in accordance with the policies and procedures generally applicable
			   in public assistance. The determination shall include appropriate verification
			   of the factors of age, blindness or permanent and total disability in
			   accordance with office regulations. A social services official shall make full
			   utilization of Federal categorical assistance when granting aid to persons
			   eligible or presumptively eligible for aid to the aged, blind or disabled. When
			   there is a need and a presumption of eligibility for assistance under the
			   combined AABD program, the pre-determination grant procedure 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 2 - Determination of Eligibility-Categorical › Part 368 - Aid To The Aged, Blind Or Disabled › Section 368.5 - Non-financial factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Residence. Sufficient information shall be obtained to establish the fact that
			 the applicant for or recipient of AABD is found within or residing in the
			 social services district on the date of the application and subsequent thereto,
			 except for temporary absence.
(b)
			 Support from legally responsible relatives. Determination of the ability of
			 legally responsible relatives to assist shall be made and enforced in
			 accordance with applicable department regulations.
(c) Transfer of property. Whenever
			 investigation indicates that a person applying for AABD has transferred or
			 assigned his property, real or personal, prior to application, the reason for
			 such transfer or assignment shall be sought and a determination made as to
			 whether such transfer or assignment was made for the purpose of qualifying for
			 assistance.
(1) A transfer of property made
			 within one year prior to the date of the person's application for such
			 assistance shall be presumed to have been made for the purpose of qualifying
			 for such assistance.
(2) If it is
			 determined that there was no intent to defraud the agency and that the action
			 which the applicant took at the time the property was conveyed was a normal
			 transaction, not taken for the purpose of qualifying for assistance, such
			 transfer or assignment shall not constitute a basis for denial.
(3) If transfer or assignment is found to
			 have been made for the purpose of qualifying for AABD, the agency shall
			 determine whether the property is available for return to the applicant or
			 assignment to the agency. When not available for return or assignment, the
			 application for assistance shall be denied.