BILL NUMBER: S599

SPONSOR: GALLIVAN
 
TITLE OF BILL:  An act to amend the social services law, in relation
to submission of evidence at fair hearings

 
PURPOSE:

To permit social services districts to present evidentiary packages in
electronic format at fair hearings, and to provide that persons entitled
to an appeal to the department could request evidentiary packages in
paper format either before or at the hearing.

 
SUMMARY OF PROVISIONS:

Section. 1. Amends Social Services Law § 22 to permit social services
districts to present evidentiary packages in electronic, rather than
paper, format at fair hearings conducted pursuant to such section.
Neither social services district nor applicants or recipients entitled
to appeal would be required to present evidence in electronic format,
but they would be permitted to do so. The bill further provides that
              

persons entitled to an appeal to the department could request evidenti-
ary packages in paper format either before or at the hearing, subject to
regulations of the Office of Temporary and Disability Assistance
(nOTDA"),

Section 2. Establishes the effective date.

 
JUSTIFICATION:

The current Fair Hearing process requires the New York City Human
Resources Administration (HRA) to provide three hard copies of single-
sided client documents at every fair hearing, with copies assigned to
the hearing officer, appellant and agency representative.  On average,
this requires the printing of 1.7 million pages per month. In addition,
these paper packets are manually assembled by staff at HRA Job Centers
and then transported to State hearing rooms.  This proposal will gener-
ate savings by eliminating the wasteful process of preparing, printing
and transporting paper evidentiary packets.

The Electronic Evidence Packet System (EEPS) will allow for a secure
paperless workflow in which evidentiary documentation, provided by HRA,
is electronically transmitted for viewing on three separate monitors in
State Hearing rooms for the hearing officer, appellant and agency repre-
sentative. In essence, a virtual evidentiary packet will be created to
replace the current paper packet. However, should an appellant request a
paper copy prior to the scheduled date of the fair hearing or at the
hearing, one will be provided to the appellant.

This secure paperless process enables staff time to be focused on agency
conferences and efforts at resolution prior to the fair hearing, instead
of on the preparation and duplication of paper evidentiary packets. In
addition, this will obviate the need for costly transportation of paper
evidentiary packets from HRA Job Centers to State hearing rooms, and
from State hearing rooms to Albany, where paper packets must be scanned
and indexed by the NYS Office of Temporary Disability Assistance. With
this process improvement automation, more of HRA's critical resources
can be freed without risking the appellants' due process or judicial
integrity.
 
LEGISLATIVE HISTORY:

2017-18: S.2130/A.4821 Passed Senate/Referred to Social Services

2015-16: S.85/A.1173 Passed Senate/Referred to Social Services

2013-14: S.98/A.1745 Passed Senate/Referred to Social Services

2011-12: S.4828/A.8087 Passed Senate/Referred to Social Services

 
FISCAL IMPLICATIONS:

No cost to the state, possible savings from saved staff time.

 
LOCAL FISCAL IMPLICATIONS:

Possible savings from saved staff time.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.