New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 348 - Requirements Applicable To Fraud Cases › Section 348.2 - Required district procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district shall take these measures
			   designed to prevent, detect and report fraud:
(a) Establish and maintain clear and adequate
			 policies, procedures and controls in order to effectively handle cases of
			 suspected fraud in the administration of public assistance and care.
(b) Make an agreement with the appropriate
			 district attorney or other prosecuting official establishing the procedures for
			 referral to such official of all cases wherein reasonable grounds exist to
			 believe that fraud was committed.
(c) File with the department a copy or a
			 statement of the agreement with the prosecuting official.
(d) Designate a person, either of
			 administrative or supervisory responsibility or in a consultative capacity to
			 the local district such as a welfare attorney, or establish a unit which shall
			 consist of persons of similar responsibility, to which all cases of known or
			 suspected fraud shall be referred, to perform the following functions:
(1) review district material referred,
			 including any that may be legal evidence;
(2) determine whether that material indicates
			 that reasonable grounds exist to believe that fraud was committed by the
			 applicant or recipient and/or others;
(3) in cases of suspected fraud, when the
			 material referred and reviewed does not indicate that reasonable grounds exist
			 to believe that fraud was committed, but when such material is insufficient to
			 erase suspicion of fraud, decide whether further investigation may produce
			 evidence necessary to determine that reasonable grounds exist or erase the
			 suspicion, and conduct the investigation;
(4) determine the existence of any mitigating
			 facts or circumstances;
(5)
			 promptly refer to the appropriate district attorney or other prosecuting
			 official all cases wherein reasonable grounds exist to believe that fraud was
			 committed, in accordance with such procedures as may be developed locally
			 between the social services official and district attorney or other prosecuting
			 official, which procedures may, to avoid duplication of referrals, merely
			 require the social services department to identify cases already referred to
			 the district attorney by the inspector general with the knowledge of that
			 office and to transmit to the district attorney on a continuing basis, all
			 material pertinent to the prosecution of such cases which may supplement the
			 material already transmitted by the inspector general. Any existing mitigating
			 facts or circumstances known to the department shall be included in the
			 referral;
(6) maintain liaison with
			 such appropriate district attorney or other prosecuting official and endeavor
			 to secure reports of actions taken with respect to cases referred;
(7) promptly advise the appropriate district
			 attorney or other prosecuting official whenever restitution, or arrangements
			 for restitution of fraudulently received public assistance funds has been made,
			 or is being made.