S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3041
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI,  GLICK,  PEOPLES-STOKES,  O'DONNELL,
   KAVANAGH, JAFFEE -- Multi-Sponsored by -- M. of A.  COLTON,  DINOWITZ,
   FARRELL, GALEF, GOTTFRIED, HOOPER, LAVINE, RIVERA, TITONE -- read once
   and referred to the Committee on Social Services
 
 AN  ACT  to  amend the social services law, in relation to extending the
   period given to certain applicants for public assistance  benefits  to
   request a fair hearing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 332-b of the social services  law,
 as added by section 148 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   6. When an applicant or recipient receives notification of the examin-
 ing  medical  professional's  disability  determination, he or she shall
 also be notified of his or her right to request a  fair  hearing  within
 [ten]  SIXTY  days  of  such notice OR WITHIN SIXTY DAYS OF RECEIPT OF A
 WORK ACTIVITY ASSIGNMENT.   If such applicant  timely  requests  a  fair
 hearing,  no assignment to work activities pursuant to this title may be
 made OR ENFORCED pending  such  hearing  and  determination  unless  the
 applicant  or  recipient  agrees to a limited work assignment not incon-
 sistent with the medical condition alleged by such  person.    Provided,
 however,  that  if a social services district has reason to believe that
 such recipient or applicant does not actually suffer from a work  limit-
 ing  condition,  the  district  shall provide the applicant or recipient
 with notice of potential sanctions  pursuant  to  subdivision  three  of
 section three hundred forty-two of this title, and provided further that
 recipients will be subject to sanctions pursuant to subdivision three of
 section  three  hundred  forty-two  of this title if the district deter-
 mines, based on clear medical evidence, that there is no basis  for  the
 individual's  claim  that  he  or  she is unable to fully engage in work
 activities, and that the individual intentionally misrepresented his  or
 her medical condition.
   § 2. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05385-01-7