S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5414
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in relation to allowing persons
   applying for or receiving public assistance to be interviewed by phone
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 4 of section 132 of
 the social services law, paragraph (a) as amended by chapter 214 of  the
 laws of 1998 and paragraph (b) as added by section 23 of part B of chap-
 ter 436 of the laws of 1997, are amended to read as follows:
   (a)  Investigation into the cause of the condition of a head of house-
 hold or of any adult applicant or recipient and the treatment which will
 be helpful to such person shall include a screening for  alcohol  and/or
 substance  abuse  using a standardized screening instrument to be devel-
 oped  by  the  office  of  [alcoholism  and  substance  abuse  services]
 ADDICTION  SERVICES  AND  SUPPORTS  in consultation with the department.
 Such screening shall be performed by a social services district  at  the
 time  of application and periodically thereafter but not more frequently
 than every six months, unless the district has reason to believe that an
 applicant or recipient is abusing or dependent on alcohol or  drugs,  in
 accordance  with regulations promulgated by the department. SUCH SCREEN-
 ING MAY BE CONDUCTED BY TELEPHONE  AT  THE  SOCIAL  SERVICES  DISTRICT'S
 OPTION.
   (b)  When  the  screening  process  indicates  that there is reason to
 believe that an applicant or recipient is abusing or dependent on  alco-
 hol  or drugs, the social services district shall require a formal alco-
 hol or substance abuse assessment, which may include drug testing, to be
 performed by an alcohol and/or substance abuse professional credentialed
 by the office of [alcoholism and  substance  abuse  services]  ADDICTION
 SERVICES  AND  SUPPORTS. The assessment may be performed directly by the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06833-04-1
              

 A. 5414                             2
 
 district or pursuant to contract with the district. SUCH ASSESSMENT  MAY
 BE CONDUCTED BY TELEPHONE AT THE SOCIAL SERVICES DISTRICT'S OPTION.
   §  2.  Subdivision  3  of section 134-a of the social services law, as
 amended by chapter 219 of the laws  of  1973,  is  amended  to  read  as
 follows:
   3.  The  social  services official shall require that persons applying
 for or receiving public assistance and care be interviewed personally at
 a time and in a manner provided by the regulations  of  the  department,
 AND SUCH INTERVIEW MAY BE A PHONE INTERVIEW AT THE SOCIAL SERVICES OFFI-
 CIAL'S  OPTION.  Applicants  or  recipients  shall  be excused from such
 requirements to avoid hardship, as defined by regulations of the depart-
 ment. Hardship shall include but not be limited to circumstances includ-
 ing infirmity, serious illness or physical disability.
   § 3. Subdivision 2 of section 349-a of the  social  services  law,  as
 added  by  section  36  of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   2. Such inquiry shall be performed  utilizing  a  universal  screening
 form  to  be  developed  by  the  department after consultation with the
 office for the prevention of domestic violence  and  statewide  domestic
 violence  advocacy  groups. SUCH SCREENING MAY BE CONDUCTED BY TELEPHONE
 AT THE SOCIAL SERVICES DISTRICT'S OPTION. An individual may request such
 screening at any time, and any individual who at any time  self  identi-
 fies  as a victim of domestic violence shall be afforded the opportunity
 for such screening.
   § 4. This act shall take effect immediately.