S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2455--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. HUNTER, COOK, HEVESI, GOTTFRIED, HYNDMAN, BLAKE,
   ROMEO, BRONSON -- Multi-Sponsored by -- M. of A. SIMON, THIELE -- read
   once and referred to the Committee on  Social  Services  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the social services law, in relation to conciliation and
   non-compliance  with  public  assistance  employment;  and  to  repeal
   certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 341 of the social services law is REPEALED.
   § 2. Section 341-a of the social services law, as added by chapter 562
 of the laws of 2015, is amended to read as follows:
   §  [341-a] 341.   Re-engagement; conciliation; refusal to participate.
 1. [The provisions of this section shall apply to persons who are  resi-
 dents of a city having a population of one million or more people.
   2.] (a) Consistent with federal law and regulations and this title, if
 a  participant  has failed or refused to comply with the requirements of
 this title and the district has determined that he or she is not  exempt
 from  such  requirements  and  has verified that appropriate child care,
 transportation, and accommodations for disability were in place  at  the
 time  of  such  failure  or  refusal, the social services district shall
 issue a re-engagement notice in  plain  language  indicating  that  such
 failure  or refusal has taken place and of the right of such participant
 to avoid a pro-rata reduction in public assistance benefits through  the
 re-engagement  process.  "Re-engagement  process" shall mean the process
 through which a participant may avoid a  pro-rata  reduction  in  public
 assistance  benefits by agreeing to comply with the requirements of this
 title consistent with any medical condition which may limit the individ-
 ual's ability to  participate  in  work  activities,  by  notifying  the
 district  that he or she has become exempt from the requirements of this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04867-02-9

 A. 2455--A                          2
 
 title, or by resolving the reasons for such  failure  or  refusal  at  a
 conciliation  conference. The notice shall indicate that the participant
 has ten days to request re-engagement  with  the  district.  The  notice
 shall  indicate the specific instance or instances of willful refusal or
 failure to comply without good cause with the requirements of this title
 and the necessary actions  that  must  be  taken  to  avoid  a  pro-rata
 reduction  in  public  assistance benefits and the district has verified
 that appropriate child care, transportation and accommodations for disa-
 bility were in place at the time of such failure or refusal.
   (1) If a participant chooses to avoid a pro-rata reduction  in  public
 assistance  benefits  through  a conciliation conference, it will be the
 responsibility of the participant to give reasons for  such  failure  or
 refusal.  The  re-engagement notice shall also include an explanation in
 plain language of what would constitute good  cause  for  non-compliance
 and  examples  of  acceptable  forms  of  evidence  that  may warrant an
 exemption from work activities, including evidence of domestic violence,
 and physical or mental health limitations that may be  provided  at  the
 conciliation  conference  to  demonstrate such good cause for failure to
 comply with the requirements of this title. Unless as part of the re-en-
 gagement process the participant does  not  agree  to  comply,  has  not
 become exempt or the district determines as a result of the conciliation
 conference  that  such  failure  or refusal was willful and without good
 cause, no further action shall be taken.
   (2) If the participant does not contact the district within  ten  days
 of the re-engagement notice, the district shall make a finding of wheth-
 er the alleged failure or refusal to comply was willful and without good
 cause  and shall consider any evidence in the possession of the district
 indicating that the participant has good cause and if the participant is
 otherwise participating in work activities, there shall be no finding of
 willfulness without good cause based on a single appointment or  infrac-
 tion.
   (b)  If the district determines that such failure or refusal was will-
 ful and without good cause, and that the individual is not  exempt  from
 the  requirements  of this title, the district shall notify such partic-
 ipant in writing, in plain language and in a manner  distinct  from  any
 previous notice, by issuing ten days notice of its intent to discontinue
 or  reduce  assistance.  Such  notice shall include the reasons for such
 determination, the specific instance or instances of willful refusal  or
 failure  to  comply  without  good  cause  with the requirements of this
 title, shall verify that  appropriate  child  care,  transportation  and
 accommodations  for disability were in place at the time of such failure
 or refusal, and specify the necessary actions  that  must  be  taken  to
 avoid  a  pro-rata  reduction  in  public assistance benefits, including
 agreeing to comply with the requirements of this title  consistent  with
 any  medical  condition  which  may  limit  the  individual's ability to
 participate in work activities or notifying the district that he or  she
 has become exempt from the requirements of this title and the right to a
 fair hearing relating to such discontinuance or reduction.
   [3.]  2.  (a)  The  department shall establish in regulation a concil-
 iation procedure for the resolution of disputes related to  an  individ-
 ual's participation in programs pursuant to this title.
   (b)  The  district shall contract with an independent entity, approved
 by the department, or shall use designated trained staff at the supervi-
 sory level who have no direct responsibility for the participant's  case
 to mediate disputes in the conciliation conference.

 A. 2455--A                          3
 
   (c) If a participant's dispute cannot be resolved through such concil-
 iation  procedure,  an opportunity for a fair hearing shall be provided.
 No sanction relating to the subject dispute may be  imposed  during  the
 re-engagement process.
   [4.]  3.  When  any participant required to participate in work activ-
 ities fails to comply with the provisions  of  this  title,  the  social
 services  district  shall take such actions as prescribed by appropriate
 federal law and regulation and this title.
   [5.] 4. Consistent with federal law and this title, a social  services
 district shall provide to those participants whose failure to comply has
 continued  for thirty days or longer a written reminder of the option to
 end a sanction by terminating the failure  to  comply  as  specified  in
 subdivision [two] ONE of this section. Such notice shall advise that the
 participant may immediately terminate the sanction by either agreeing to
 comply  with  the requirements of this title consistent with any medical
 condition which may limit the individual's  ability  to  participate  in
 work  activities  or  notifying  the  district that he or she has become
 exempt from the requirements of this title.
   [6.] 5. Consistent with federal law and regulation and this title,  no
 notice  shall  be  issued  as specified in subdivision [two] ONE of this
 section unless it has been determined that the individual is not  exempt
 from  the requirements of this title and has determined that appropriate
 child care, transportation and accommodations  for  disability  were  in
 place at the time of such failure or refusal to comply with the require-
 ments  of  this  title  and  no  action  shall be taken pursuant to this
 section for failure to participate in the program or refusal  to  accept
 employment if:
   (a)  child  care  for  a child under age thirteen (or day care for any
 incapacitated individual living in the same home as a  dependent  child)
 is  necessary for an individual to participate or continue participation
 in activities pursuant to this title or accept employment and such  care
 is  not available and the social services district fails to provide such
 care;
   (b) (1) the employment would result in the family of  the  participant
 experiencing a net loss of cash income; provided, however, a participant
 may  not  claim  good  cause under this paragraph if the social services
 district assures that the family will not experience a net loss of  cash
 income by making a supplemental payment;
   (2)  net loss of cash income results if the family's gross income less
 necessary work-related expenses is less than  the  cash  assistance  the
 participant  was  receiving at the time the offer of employment is made;
 or
   (c) the participant meets other grounds for good cause  set  forth  by
 the  department  in  its  implementation plan for this title which, at a
 minimum, must describe what circumstances beyond the household's control
 will constitute "good cause".
   § 3. Section 342 of the social services law is REPEALED.
   § 4. Section 342-a of the social services law, as added by chapter 562
 of the laws of 2015, is amended to read as follows:
   § [342-a] 342.  Noncompliance with the requirements of this title.  1.
 [The provisions of this section shall apply to persons who are residents
 of a city having a population of one million or more people.
   2.]  In  accordance  with the provisions of this section an individual
 who is required to participate in work activities shall be ineligible to
 receive public assistance if he or she fails  to  comply,  without  good
 cause,  with  the requirements of this title and the district has deter-

 A. 2455--A                          4
 
 mined that he or she is not exempt from such requirements and has  veri-
 fied that appropriate child care, transportation, and accommodations for
 disability  were  in place at the time of such failure or refusal.  Such
 ineligibility  shall  be  for  the  amount  and period specified in this
 section. Good cause for failing to comply with the requirements of  this
 title  shall  be  defined  in department regulations, provided, however,
 that the parent or caretaker relative of a child under thirteen years of
 age shall not be subject to the ineligibility provisions of this section
 if the individual can demonstrate, in accordance with the regulations of
 the office of children and family services, that lack of available child
 care prevents such individual from complying with the work  requirements
 of this title. The parent or caretaker relative shall be responsible for
 locating  the child care needed to meet the work requirements; provided,
 however, that the relevant social  services  district  shall  provide  a
 parent  or  caretaker  relative  who demonstrates an inability to obtain
 needed child care with a choice of two providers, at least one of  which
 will be a regulated provider.
   [3.] 2. In the case of an applicant for or recipient of public assist-
 ance  whom  the  district has determined is not exempt from the require-
 ments of this title and who is a parent  or  caretaker  of  a  dependent
 child,  the public assistance benefits otherwise available to the house-
 hold of which such individual is a  member  shall  be  reduced  pro-rata
 until  the individual is willing to comply with the requirements of this
 title consistent with any medical condition which may limit the individ-
 ual's ability to participate in work activities.
   [4.] 3. In the case of an individual who is a member  of  a  household
 without  dependent  children  whom  the  district  has determined is not
 exempt from the requirements of this title and who is applying for or in
 receipt of safety net assistance, the public assistance benefits  other-
 wise  available  to  the  household of which such individual is a member
 shall be reduced pro-rata until the failure or refusal  to  comply  with
 the  requirements  of  this  title consistent with any medical condition
 which may limit the individual's ability to participate in  work  activ-
 ities ceases.
   [5.]  4. A recipient of public assistance whom the district has deter-
 mined is not exempt from the requirements of this title and who quits or
 reduces his OR HER hours of employment without good cause or due to  any
 medical  condition  which  may limit the individual's ability to partic-
 ipate in work activities shall be considered to have  failed  to  comply
 with  the  requirements  of  this  article  and  shall be subject to the
 provisions of this section.
   [6.] 5. A person described in paragraph (b) of  subdivision  seven  of
 section  one hundred fifty-nine of this chapter may not be sanctioned if
 his or her failure to comply with requirements of this title is  related
 to his or her health status.
   §  5.  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  days of such notice. If such applicant timely requests a fair hear-
 ing, no assignment to work activities pursuant to this title may be made
 pending such hearing and determination unless the applicant or recipient
 agrees to a limited work assignment not inconsistent  with  the  medical
 condition  alleged  by  such person. Provided, however, that if a social

 A. 2455--A                          5
 
 services district has reason to believe that such recipient or applicant
 does not actually suffer from a work limiting  condition,  the  district
 shall  provide the applicant or recipient with notice of potential sanc-
 tions  pursuant  to  subdivision  [three]  TWO  of section three hundred
 forty-two of this title, and provided further that  recipients  will  be
 subject  to  sanctions  pursuant  to  subdivision [three] TWO of section
 three hundred forty-two of this title if the district determines,  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.
   § 6. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.