Assembly Bill A5613

Vetoed By Governor
2021-2022 Legislative Session

Relates to recovery of overpayment of certain assistance; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S4540 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A5613 - Details

Law Section:
Social Services Law
Laws Affected:
Amd §§104 & 106-b, rpld §158 sub 7, Soc Serv L; add §§3012-c, 3202 & 213-e, CPLR

2021-A5613 - Summary

Implements additional restrictions on actions to recover overpayment of certain assistance.

2021-A5613 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5613
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law and the civil practice  law  and
   rules, in relation to recovery of overpayment of certain assistance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 104 of the social services law,  subdivision  1  as
 amended  by chapter 573 of the laws of 1964, subdivision 2 as amended by
 chapter 909 of the laws of 1974, subdivision 3 as added by  chapter  433
 of  the  laws  of  1993 and subdivision 4 as added by chapter 340 of the
 laws of 2003, is amended to read as follows:
   § 104. Recovery from a person discovered  to  have  property.  1.  FOR
 PURPOSES OF THIS SECTION:
   (A) "OVERPAYMENT" SHALL INCLUDE ERRONEOUS PAYMENTS MADE TO AN ELIGIBLE
 PERSON IN EXCESS OF THE RECIPIENT'S NEEDS AS DEFINED IN THIS CHAPTER AND
 ERRONEOUS PAYMENTS MADE TO INELIGIBLE PERSONS, INCLUDING BUT NOT LIMITED
 TO, PAYMENTS MADE TO SUCH PERSONS PENDING A FAIR HEARING DECISION.
   (B)  "RECIPIENT"  SHALL MEAN ANY INDIVIDUAL WHO IS CURRENTLY RECEIVING
 OR AT ONE TIME RECEIVED ASSISTANCE OR CARE AS PURSUANT TO THE PROVISIONS
 OF THIS TITLE.
   2. A public welfare official may bring AN action or  proceeding  IN  A
 COURT  OF  COMPETENT  JURISDICTION  against  a [person] RECIPIENT WHO IS
 discovered to have real or personal property, WHICH RESULTED IN AN OVER-
 PAYMENT TO THE RECIPIENT, or against the estate or the executors, admin-
 istrators and successors in interest of a person who dies  leaving  real
 or  personal  property, [if such person, or any one for whose support he
 is or was liable, received assistance and care during the preceding  ten
 years,  and]  AND  THERE  HAS  BEEN AN OVERPAYMENT TO THE RECIPIENT. THE
 PUBLIC WELFARE OFFICIAL shall be entitled to recover up to the value  of
 such  property WHICH CAUSE THE ASSISTANCE OR CARE TO CONSTITUTE AN OVER-
 PAYMENT TO THE RECIPIENT OR the cost of such assistance or care,  WHICH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A5613A (ACTIVE) - Details

Law Section:
Social Services Law
Laws Affected:
Amd §§104 & 106-b, rpld §158 sub 7, Soc Serv L; add §§3012-c, 3202 & 213-e, CPLR

2021-A5613A (ACTIVE) - Summary

Implements additional restrictions on actions to recover overpayment of certain assistance.

2021-A5613A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5613--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, LAVINE, SIMON, SILLITTI, DAVILA --
   read once and referred to the Committee on Social Services --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the social services law and the civil practice  law  and
   rules,  in  relation to recovery of overpayment of certain assistance;
   and to repeal certain provisions of the social  services  law  related
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 104 of the social services law,  subdivision  1  as
 amended  by chapter 573 of the laws of 1964, subdivision 2 as amended by
 chapter 909 of the laws of 1974, subdivision 3 as added by  chapter  433
 of  the  laws  of  1993 and subdivision 4 as added by chapter 340 of the
 laws of 2003, is amended to read as follows:
   § 104. Recovery from a person discovered  to  have  property.  1.  FOR
 PURPOSES OF THIS SECTION:
   (A) "OVERPAYMENT" SHALL INCLUDE ERRONEOUS PAYMENTS MADE TO AN ELIGIBLE
 PERSON IN EXCESS OF THE RECIPIENT'S NEEDS AS DEFINED IN THIS CHAPTER AND
 ERRONEOUS PAYMENTS MADE TO INELIGIBLE PERSONS, INCLUDING BUT NOT LIMITED
 TO, PAYMENTS MADE TO SUCH PERSONS PENDING A FAIR HEARING DECISION.
   (B)  "RECIPIENT"  SHALL MEAN ANY INDIVIDUAL WHO IS CURRENTLY RECEIVING
 OR AT ONE TIME RECEIVED ASSISTANCE OR CARE AS PURSUANT TO THE PROVISIONS
 OF THIS TITLE.
   2. A public welfare official may bring AN action or  proceeding  IN  A
 COURT  OF  COMPETENT  JURISDICTION  against  a [person] RECIPIENT WHO IS
 discovered to have real or personal property, WHICH RESULTED IN AN OVER-
 PAYMENT TO THE RECIPIENT, or against the estate or the executors, admin-
 istrators and successors in interest of a person who dies  leaving  real
 or  personal  property, [if such person, or any one for whose support he
 is or was liable, received assistance and care during the preceding  ten

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

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