S T A T E O F N E W Y O R K
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1458
2009-2010 Regular Sessions
I N S E N A T E
February 2, 2009
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Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the social services law, in
relation to notification of death of persons receiving public assist-
ance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
4148 to read as follows:
S 4148. NOTIFICATION OF DEATH; PERSONS RECEIVING PUBLIC ASSISTANCE. 1.
FOR PURPOSES OF THIS SECTION, THE TERM "COMPETENT PERSON ACQUAINTED WITH
THE FACTS OF SUCH DEATH" SHALL MEAN:
A. THE FUNERAL DIRECTOR, UNDERTAKER OR PERSON HAVING CHARGE OF THE
BODY WHEN DEATH OCCURS WITHOUT MEDICAL ATTENTION; OR
B. THE ATTENDING PHYSICIAN OR HOSPITAL WHEN DEATH OCCURS WITH MEDICAL
ATTENTION OR IN A HOSPITAL.
2. UPON THE DEATH OF ANY PERSON, A COMPETENT PERSON ACQUAINTED WITH
THE FACTS OF SUCH DEATH SHALL, WITHIN TWENTY-FOUR HOURS OF SUCH DEATH,
NOTIFY THE DEPARTMENT OF SOCIAL SERVICES REGARDING SUCH DEATH. SUCH
NOTIFICATION SHALL BE MADE VIA THE DEPARTMENT OF SOCIAL SERVICES WEBPAGE
ON THE INTERNET OR BY USE OF A TOLL-FREE TELEPHONE NUMBER ESTABLISHED BY
THE COMMISSIONER OF SOCIAL SERVICES PURSUANT TO SUBDIVISION (I) OF
SECTION SEVENTEEN OF THE SOCIAL SERVICES LAW. SUCH NOTIFICATION SHALL
INCLUDE THE NAME, ADDRESS, BIRTH DATE AND SOCIAL SECURITY NUMBER OF SUCH
DECEASED PERSON.
S 2. Subdivision (i) of section 17 of the social services law, as
relettered by section 1 of part K-3 of chapter 57 of the laws of 2007,
is relettered subdivision (j) and a new subdivision (i) is added to read
as follows:
(I) ESTABLISH A HOTLINE FOR THE RECEIPT OF NOTIFICATION OF DEATH
REQUIRED BY SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THE PUBLIC HEALTH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04873-01-9
S. 1458 2
LAW. SUCH HOTLINE SHALL PROVIDE ACCESS TO THE DEPARTMENT VIA THE DEPART-
MENT WEBPAGE ON THE INTERNET OR BY A TOLL-FREE TELEPHONE NUMBER. ACCESS
TO SUCH HOTLINE SHALL BE LIMITED TO PERSONS SET FORTH IN SUBDIVISION ONE
OF SECTION FORTY-ONE HUNDRED FORTY-EIGHT OF THE PUBLIC HEALTH LAW, AND
SHALL BE ACCESSED ONLY BY MEANS OF A PASSWORD, CODE OR OTHER SECURE
METHOD PROVIDED BY THE DEPARTMENT. UPON RECEIPT OF ANY NOTIFICATION OF
DEATH, THE DEPARTMENT SHALL DETERMINE IF SUCH DECEASED PERSON WAS A
RECIPIENT OF PUBLIC ASSISTANCE AND IMMEDIATELY CEASE THE PAYMENT OF SUCH
PUBLIC ASSISTANCE WHEN APPROPRIATE.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.