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 358-1.2 - Applicant/recipient

Current through Register Vol. 46, No. 28, July 10, 2024
For applicants and recipients, these regulations govern
				the following:
(a) Notice. These
			   regulations set forth what information you are entitled to receive if you have
			   been accepted for or denied public assistance, medical assistance, HEAP, or
			   SNAP benefits or services, or if there is to be a discontinuance, reduction,
			   or suspension in the public assistance, medical assistance, or SNAP benefits or
			   services which you are receiving, or if there is an increase in the public
			   assistance, medical assistance, or SNAP benefits you are receiving, or if
			   there is to be a change in the calculation of such assistance or benefits, or
			   if you are involuntarily discharged from a tier II facility as defined in Part
			   900 of this Title.
(b) Timing.
			   These regulations set forth the time periods within which you are obligated to
			   request a fair hearing and/or conference if your application for public
			   assistance, medical assistance, HEAP, or SNAP benefits or services is not acted
			   upon in a timely manner, or if you have been denied public assistance, medical
			   assistance, or SNAP benefits or services, or if there is to be a
			   discontinuance, reduction, or suspension in the public assistance, medical
			   assistance, or SNAP benefits or services you are receiving, or if there is an
			   increase in the public assistance, medical assistance, or SNAP benefits you
			   are receiving, or if there is to be a change in the calculation of such
			   assistance or benefits; or if you are told that you have received an
			   overissuance of SNAP benefits.
(c)
			   Procedures. These regulations set forth what you are required to do to have an
			   action of a social services agency reviewed when you are denied public
			   assistance, medical assistance, SNAP, or HEAP benefits or services, or when
			   there is a discontinuance, reduction, or suspension in the public assistance,
			   medical assistance, or SNAP benefits or services which you are receiving, or
			   when there is an increase in the public assistance, medical assistance, or
			   SNAP benefits which you are receiving, or if you are involuntarily discharged
			   from a tier II facility as defined in Part 900 of this Title, or if the social
			   services agency has not acted in a timely manner, or if there is a change in
			   the calculation of such assistance or benefits, or if you are told that you
			   have received an over-issuance of SNAP benefits; how to ask for a conference
			   and fair hearing; how to exercise your right to have your public assistance,
			   medical assistance, or SNAP benefits or services continued until a hearing
			   decision is issued; how to request another hearing date if you are unable to
			   attend the fair hearing on the day it is scheduled to be held; how to get an
			   interpreter if you do not speak English or if you are deaf; and whom you may
			   bring to a conference or fair hearing.
(d) Decision. These regulations set forth
			   what you should do if the social services agency which is a party to the fair
			   hearing does not comply with your fair hearing decision.