Assembly Bill A453

2009-2010 Legislative Session

Relates to the practice of government benefits advocacy

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Jan 07, 2009	referred to higher education

2009-A453 (ACTIVE) - Details

Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 154-A §§7720 - 7725, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2616
2013-2014: A3780

2009-A453 (ACTIVE) - Summary

Creates a system for licensing of government benefits advocates to represent recipients of government benefits at fair hearings and appeals where benefits have been denied, suspended or terminated; makes provisions analogous to those for the licensing of other professionals; provides that such advocates may not hold themselves out as lawyers or para-legals.

2009-A453 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A453

TITLE OF BILL:  An act to amend the education law, in relation to
licensing government benefits advocacy

PURPOSE OR GENERAL IDEA OF BILL:

This bill defines "government benefits advocacy" and requires the
certification of those individuals using the title "government benefits
advocate."

SUMMARY OF SPECIFIC PROVISIONS:

Adds Article 154-A to the Education law, which defines "government bene-
fits advocacy," establishes a state board for government benefits advo-
cacy, and details the requirements and procedures for professional
certification as a government benefits advocate. This act also provides
for certain requirement exemptions based on out-of-state certification
and also on proof of past experience in the practice of government bene-
fits advocacy in New York State.

JUSTIFICATION:

The 1996 Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA) was passed into law with the intent of reforming the welfare
system as we know it. To that end PRWORA mandated significant changes in

the qualifications for eligibility of government benefits and for the
length of time these benefits can be collected under the new Temporary
Assistance to Needy Families (TANF) benefits program.  Due to these
changes thousands of people in New York State have already had, or will
soon have, government benefits terminated, suspended or denied.

People who have had government benefits withheld have always had the
right to appeal the administrative decision at a fair hearing with qual-
ified representation. This right has not been taken away, however, the
large increase in the number of people with government benefits denied,
terminated or suspended is overwhelming the system to the extent that
qualified representation may not be available on a timely basis, result-
ing in people and families being summarily denied benefits without a
prompt appeal.

While community and legal services organizations have traditionally
employed people other than lawyers to provide representation at fair
hearings, the existing system cannot be expected to respond to the
demand created by welfare reform. In order to provide for the growing
need of competent government benefit advocacy a structured educational
and training program should be available to guarantee that people desir-
ing to take on the responsibility of government benefit advocate meet
certain standards of expertise and accountability.

This bill will provide individuals who wish to become specialists in the
rules and regulations regarding government benefit entitlements with a

state certification. Certification attests that a practitioner has
acquired a certain level of education training and expertise. It would
provide professional status to individuals interested in community work
but unable to pursue a Social Work, or Masters of Social Work degree.
Certification would also ensure that the neediest residents of New York
State receive competent government benefit advocacy.

PRIOR LEGISLATIVE HISTORY:

2007-2008 - referred to Higher Education
2005-2006 - referred to Higher Education
2003-2004 - referred to Higher Education
2001-2002 - referred to Higher Education
1999-2000 - referred to Higher Education

FISCAL IMPLICATIONS:

Minimal  cost  for  the  establishment  of the board and preparation and
administration of the initial examinations.  However,  certification  of
the  kind  proposed  in  this legislation is self-supporting through the
payment of required fees.

EFFECTIVE DATE:

This act shall take effect on the 360th day after it shall become a  law
and  the  State Department of Education is authorized to take such steps
in advance of such effective date as may be necessary to enable this act
to become fully effective on such date.

2009-A453 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   453

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JACOBS, V. LOPEZ, ORTIZ -- Multi-Sponsored by --
  M. of A. WEINSTEIN -- read once and referred to the Committee on High-
  er Education

AN ACT to amend the education law, in relation to  licensing  government
  benefits advocacy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article  154-A
to read as follows:
                              ARTICLE 154-A
                      GOVERNMENT BENEFITS ADVOCATE
SECTION 7720. INTRODUCTION.
        7721. DEFINITION.
        7722. USE OF THE TITLE "CERTIFIED GOVERNMENT BENEFITS ADVOCATE."
        7723. STATE BOARD FOR GOVERNMENT BENEFITS ADVOCACY.
        7724. REQUIREMENTS FOR CERTIFICATION.
        7725. SEPARABILITY.
  S  7720.  INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE PROFESSION OF
GOVERNMENT BENEFITS ADVOCACY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS
CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  TITLE  APPLY  TO  THIS
ARTICLE.
  S 7721. DEFINITION. THE PRACTICE OF THE PROFESSION OF GOVERNMENT BENE-
FITS ADVOCACY IS DEFINED AS ENGAGING IN THE REPRESENTATION OF GOVERNMENT
BENEFITS  RECIPIENTS  AT  FAIR HEARINGS AND APPEALS WHERE THE GOVERNMENT
BENEFITS RECIPIENT HAS HAD GOVERNMENT BENEFITS  DENIED,  TERMINATED,  OR
SUSPENDED.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE CONSTRUED TO
PERMIT ANY HOLDER OF A CERTIFICATION OF GOVERNMENT BENEFITS FAIR HEARING
ADVOCATE TO PRACTICE LAW OR ASSUME PARA-LEGAL STATUS.
  S 7722. USE OF THE TITLE  "CERTIFIED  GOVERNMENT  BENEFITS  ADVOCATE."
ONLY  A  PERSON CERTIFIED OR AUTHORIZED UNDER THIS ARTICLE SHALL USE THE
TITLE "CERTIFIED GOVERNMENT BENEFITS ADVOCATE."
  S 7723. STATE BOARD FOR GOVERNMENT BENEFITS ADVOCACY.  A  STATE  BOARD
FOR  GOVERNMENT BENEFITS FAIR HEARING ADVOCACY SHALL BE APPOINTED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02195-01-9

A. 453                              2

BOARD OF REGENTS ON THE  RECOMMENDATION  OF  THE  COMMISSIONER  FOR  THE
PURPOSE  OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS
OF CERTIFICATION AND PROFESSIONAL CONDUCT  IN  ACCORDANCE  WITH  SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS CHAPTER. THE BOARD SHALL BE COMPOSED OF
FOUR  ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, TWO SOCIAL WORK-
ERS CERTIFIED IN THIS  STATE  AND  TWO  GOVERNMENT  BENEFITS  ADVOCATES.
NOTWITHSTANDING  THE  FOREGOING,  THE MEMBERS OF THE FIRST BOARD WHO ARE
GOVERNMENT BENEFITS FAIR HEARING ADVOCATES NEED NOT BE  CERTIFIED  PRIOR
TO THEIR APPOINTMENT.
  S  7724.  REQUIREMENTS  FOR  CERTIFICATION.  1. TO QUALIFY FOR CERTIF-
ICATION TO USE THE TITLE "CERTIFIED GOVERNMENT  BENEFITS  ADVOCATE,"  AN
APPLICANT SHALL FULFILL ALL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) EDUCATION: HAVE A SECONDARY EDUCATION AND HAVE COMPLETED A PROGRAM
OF  STUDY  COVERING  ALL  ASPECTS OF GOVERNMENT BENEFITS APPROVED BY THE
DEPARTMENT;
  (C) EXPERIENCE: HAVE EXPERIENCE  SATISFACTORY  TO  THE  BOARD  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G) FEES: PAY A FEE OF ONE  HUNDRED  DOLLARS  TO  THE  DEPARTMENT  FOR
ADMISSION  TO  A  DEPARTMENT  CONDUCTED  EXAMINATION  AND FOR AN INITIAL
CERTIFICATION; A FEE OF EIGHTY DOLLARS FOR EACH RE-EXAMINATION; A FEE OF
ONE HUNDRED DOLLARS FOR AN INITIAL CERTIFICATION FOR PERSONS NOT REQUIR-
ING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND  A  FEE  OF  ONE
HUNDRED FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD;
  2. ON THE RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY EXEMPT:
  (A)  FROM THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, AN APPLICANT WHO HOLDS A LICENSE OF CERTIFICATION  TO  PRACTICE
AS  A GOVERNMENT BENEFITS ADVOCATE OR SIMILAR TITLE ISSUED TO HIM OR HER
UPON EXAMINATION BY A LEGALLY CONSTITUTED  BOARD  OF  EXAMINERS  IN  ANY
OTHER STATE OR POLITICAL SUBDIVISION OF THE UNITED STATES, PROVIDED THAT
THE  APPLICANT CAN MEET THE REQUIREMENTS OF PARAGRAPH (D) OF SUBDIVISION
ONE OF THIS SECTION;
  (B) FROM THE REQUIREMENTS OF PARAGRAPH (B) AND PARAGRAPH (D) AND  FROM
THE  INITIAL  CERTIFICATION  FEE  OF PARAGRAPH (G) OF SUBDIVISION ONE OF
THIS SECTION, AN APPLICANT WHO SUBMITS, PRIOR TO THE DATE OF  ENACTMENT,
SATISFACTORY  EVIDENCE  THAT  THE  APPLICANT  HAS  BEEN  PRACTICING AS A
GOVERNMENT BENEFITS ADVOCATE FOR A PERIOD OF THREE YEARS.
  S 7725. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION  TO  BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OR
ANY OTHER SECTION OR PART THEREOF.
  S 2. This act shall take effect on  the  three  hundred  sixtieth  day
after  it  shall  have  become  a law, provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date is authorized and directed to be made and completed  on  or  before
such effective date.

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Assembly Bill A453

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A453 (ACTIVE) - Details

2009-A453 (ACTIVE) - Summary

2009-A453 (ACTIVE) - Sponsor Memo

2009-A453 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

JACOBS

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A453 (ACTIVE) - Details

2009-A453 (ACTIVE) - Summary

2009-A453 (ACTIVE) - Sponsor Memo

2009-A453 (ACTIVE) - Bill Text download pdf

Comments