S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4540--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed 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 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.
              

                                                            LBD09184-02-1

 S. 4540--A                          2

 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-
 EVER IS LOWER. [Any public assistance or care received  by  such  person
 shall constitute an implied contract. No claim of a public welfare offi-
 cial  against the estate or the executors, administrators and successors
 in interest of a person who dies  leaving  real  or  personal  property,
 shall  be barred or defeated, in whole or in part, by any lack of suffi-
 ciency of ability on the part of such person during the  period  assist-
 ance and care were received.
   Nor  shall the claim asserted by a public welfare official against any
 person under this section be impaired, impeded, barred or  defeated,  in
 whole or in part, on the grounds that another person or persons may also
 have been liable to contribute.]
   In  all  claims of the public welfare official made under this section
 the public welfare official shall be deemed a preferred creditor.
   [2. No] 3. THE PUBLIC WELFARE OFFICIAL SHALL NOT BRING  AN  ACTION  OR
 PROCEEDING UNDER THIS SECTION IF EXCESS PAYMENTS OR PAYMENTS MADE TO THE
 PERSON  WERE  MADE  DUE TO AGENCY OR CONTRACTOR ERROR, INCLUDING BUT NOT
 LIMITED TO AN ERROR MADE BY A FACILITATED ENROLLER.
   4. IN AN ACTION OR PROCEEDING UNDER THIS SECTION, THE COMPLAINT  SHALL
 BE  ACCOMPANIED  BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR THE PUBLIC
 WELFARE OFFICIAL, DECLARING THE FOLLOWING:
   (A) THE ATTORNEY HAS REVIEWED THE FACTS OF THE CASE AND HAS  CONCLUDED
 THAT THERE IS A REASONABLE BASIS FOR THE ACTION OR PROCEEDING;
   (B) CERTIFICATION THAT THE CONTINUOUS COVERAGE PROTECTIONS UNDER PARA-
 GRAPH (C) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-SIX OF THIS
 CHAPTER DO NOT APPLY TO THE RECIPIENT;
   (C)  THE  SPECIFIC  ELIGIBILITY CRITERIA UNDER WHICH THE RECIPIENT WAS
 ALLEGEDLY INELIGIBLE FOR BENEFITS; THE BUDGETING  METHODOLOGY  THAT  WAS
 APPLIED  IN  MAKING  THE DETERMINATION THAT THE RECIPIENT WAS INELIGIBLE
 FOR BENEFITS, INCLUDING THE APPLICABLE RESOURCE OR INCOME LIMIT FOR  THE
 RECIPIENT'S  HOUSEHOLD  COMPOSITION  DURING  THE  CLAIM  PERIOD, AND THE
 RECIPIENT'S APPLICABLE RESOURCES AND INCOME DURING THE CLAIM PERIOD; THE
 TIME PERIOD DURING WHICH THE RECIPIENT  WAS  ALLEGEDLY  INELIGIBLE;  THE
 VALUE OF THE REAL OR PERSONAL PROPERTY WHICH RESULTED IN AN OVERPAYMENT;
 AND THE AMOUNT OF RECOVERY SOUGHT; AND
   (D)  THE  ACTION  OR  PROCEEDING IS SUPPORTED BY EXHIBITS INCLUDING AN
 ACCOUNTING OF THE RECOVERY SOUGHT AND ALL EXPENDITURES OF ASSISTANCE  OR
 CARE  MADE ON BEHALF OF THE RECIPIENT DURING THE PERIOD OF ALLEGED INEL-
 IGIBILITY.
   5. THERE SHALL BE NO right of action [shall accrue against] TO RECOVER
 AN ALLEGED OVERPAYMENT FOR ASSISTANCE OR CARE RECEIVED BY a person under
 twenty-one years of age [by reason of the assistance or care granted  to
 him  unless at the time it was granted the person was possessed of money
 and property in excess  of  his  reasonable  requirements,  taking  into
 account  his  maintenance, education, medical care and any other factors
 applicable to his condition].
   [3.] 6. To the extent described in  section  7-1.12  of  the  estates,
 powers  and  trusts law, the trustee of a supplemental needs trust which
 conforms to the provisions of such section 7-1.12 shall not be deemed to
 be holding assets for the benefit of a beneficiary who may otherwise  be
 the  subject  of  a claim under this section and no action OR PROCEEDING
 may be brought against either the trust or the trustee  to  recover  the

 S. 4540--A                          3
 
 cost  of assistance or care provided to such person, or anyone for whose
 support such person is or was liable.
   [4.] 7. Any inconsistent provision of this chapter or of any other law
 notwithstanding,  a  social  services  official may not assert any claim
 under any provision of  this  chapter  to  recover  payments  of  public
 assistance   if   such   payments   were  reimbursed  by  child  support
 collections.
   8. THERE SHALL BE NO RIGHT OF ACTION AGAINST  A  RECIPIENT  WHO  LOSES
 MEDICAL  ASSISTANCE  ELIGIBILITY BY REASON OF EXCESS RESOURCES OR INCOME
 BECAUSE THE RECIPIENT'S MEDICAL ASSISTANCE ELIGIBILITY GROUP, AS  DETER-
 MINED  UNDER  SECTION  THREE  HUNDRED SIXTY-SIX OF THIS CHAPTER, CHANGED
 FROM MAGI, AS DEFINED IN SECTION THREE HUNDRED SIXTY-SIX OF  THIS  CHAP-
 TER,  TO  NON-MAGI,  FOR  THE  TWO YEARS SUBSEQUENT TO THEIR ELIGIBILITY
 CHANGE.  A RIGHT OF ACTION AGAINST SUCH A  RECIPIENT  BEGINS  TO  ACCRUE
 ONLY  IF  THE  RECIPIENT REMAINS INELIGIBLE FOR MEDICAL ASSISTANCE AFTER
 THE TWO-YEAR GRACE PERIOD.
   9. THE PUBLIC WELFARE OFFICIAL SHALL NOT USE CONFESSION OF JUDGMENT TO
 RECOVER AN OVERPAYMENT OF PUBLIC ASSISTANCE  OR  CARE,  OR  SUPPLEMENTAL
 NUTRITION ASSISTANCE BENEFITS.
   10.  ANY  ACTION  OR  PROCEEDING  TO RECOVER AN OVERPAYMENT UNDER THIS
 SECTION SHALL BE WAIVED IN CASES OF UNDUE HARDSHIP IN  WHICH  A  RECIPI-
 ENT'S  ADJUSTED  GROSS  INCOME  FOR THE APPLICABLE HOUSEHOLD SIZE IS TWO
 HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE OR LOWER AND IN  CASES
 OF  OTHER  EXTENUATING CIRCUMSTANCES AS DETERMINED BY THE PUBLIC WELFARE
 OFFICIAL.
   11. ANY ACTION OR PROCEEDING UNDER THIS  SECTION  SHALL  BE  COMMENCED
 WITHIN  TWO  YEARS FROM PAYMENT FOR ASSISTANCE OR CARE. NO DETERMINATION
 OF A DEBT OR AWARD OF DEBT SHALL BE BASED UPON PAYMENT FOR ASSISTANCE OR
 CARE THAT OCCURRED MORE THAN TWO YEARS BEFORE THE ACTION  OR  PROCEEDING
 IS COMMENCED.
   12.  THE  RATE  OF  INTEREST  FOR A JUDGMENT OBTAINED PURSUANT TO THIS
 SECTION SHALL BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY  BILL
 RATE.  FOR  THE PURPOSE OF THIS SECTION,  THE  "ONE-YEAR  UNITED  STATES
 TREASURY BILL RATE" MEANS  THE  WEEKLY AVERAGE ONE-YEAR CONSTANT MATURI-
 TY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL
 RESERVE   SYSTEM,  FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY
 OF THE JUDGMENT AWARDING  DAMAGES.
   13. THERE SHALL BE NO  RIGHT  OF  ACTION  AGAINST  A  RECIPIENT  WHOSE
 MEDICAL ASSISTANCE ELIGIBILITY WAS GRANTED OR EXTENDED DURING THE PERIOD
 OF  THE  COVID-19  PUBLIC  HEALTH EMERGENCY, DEFINED FOR THE PURPOSES OF
 THIS SECTION AS MARCH EIGHTEENTH, TWO THOUSAND TWENTY THROUGH THE END OF
 THE QUARTER WHEN SUCH PUBLIC HEALTH EMERGENCY ENDS.
   14. ALL SETTLEMENT AND PAYMENT AGREEMENTS UNDER THIS SECTION IN  WHICH
 THE  RECIPIENT  HAS PAID FIFTY PERCENT OR MORE OF THE DEBT BY THE END OF
 THE COVID-19 PUBLIC HEALTH EMERGENCY ARE HEREBY DEEMED PAID IN FULL.
   15. IF A RECIPIENT SUBJECT TO A SETTLEMENT OR PAYMENT AGREEMENT  UNDER
 THIS  SECTION  HAS NOT PAID FIFTY PERCENT OR MORE OF THE DEBT BY THE END
 OF THE COVID-19  PUBLIC  HEALTH  EMERGENCY,  THE  RECIPIENT  MAY  SUBMIT
 EVIDENCE  OF  UNDUE  HARDSHIP  AND  RECEIVE WAIVER OF THE REMAINING DEBT
 UNDER SUBDIVISION TEN OF THIS SECTION OR  AN  APPROPRIATE  REDUCTION  OF
 DEBT  BASED ON HARDSHIP. NOTICE REGARDING THE OPPORTUNITY FOR THE WAIVER
 SHALL BE PROVIDED BY THE PUBLIC WELFARE OFFICIAL.
   § 2. Subdivision 7 of section  158  of  the  social  services  law  is
 REPEALED.
   §  3.  The  civil  practice  law  and rules is amended by adding a new
 section 3012-c to read as follows:

 S. 4540--A                          4
 
   § 3012-C. CERTIFICATE OF MERIT IN CERTAIN  OVERPAYMENT  OF  ASSISTANCE
 ACTIONS.  IN  ANY ACTION OR PROCEEDING FOR RECOVERY OF AN OVERPAYMENT OF
 ASSISTANCE OR CARE, AS DEFINED IN SECTION ONE HUNDRED FOUR OF THE SOCIAL
 SERVICES LAW, THE COMPLAINT  SHALL  BE  ACCOMPANIED  BY  A  CERTIFICATE,
 SIGNED  BY THE ATTORNEY FOR THE PUBLIC WELFARE OFFICIAL, MEETING ALL THE
 REQUIREMENTS OF SECTION ONE HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
   § 4. The civil practice law and rules  is  amended  by  adding  a  new
 section 3202 to read as follows:
   §  3202. CONFESSION OF JUDGMENT FOR RECOVERY OF OVERPAYMENT OF CERTAIN
 ASSISTANCE INVALID. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-TWO
 HUNDRED EIGHTEEN OF THIS ARTICLE, NO JUDGMENT  BY  CONFESSION  SHALL  BE
 ENTERED  TO  RECOVER  AN  OVERPAYMENT, AS DEFINED IN SECTION ONE HUNDRED
 FOUR OF THE SOCIAL SERVICES LAW. ANY JUDGMENT ENTERED  IN  VIOLATION  OF
 THIS SECTION IS VOID AND UNENFORCEABLE.
   §  5.  The  civil  practice  law  and rules is amended by adding a new
 section 213-e to read as follows:
   § 213-E. ACTIONS TO BE COMMENCED WITHIN TWO YEARS; ACTIONS TO  RECOVER
 CERTAIN  OVERPAYMENTS.  AN  ACTION  OR PROCEEDING ON AN OVERPAYMENT BY A
 PUBLIC WELFARE OFFICIAL UNDER SECTION ONE HUNDRED  FOUR  OF  THE  SOCIAL
 SERVICES  LAW  SHALL  BE  COMMENCED  WITHIN  TWO  YEARS FROM PAYMENT FOR
 ASSISTANCE OR CARE, AND NO DETERMINATION OF A  DEBT  OR  AWARD  OF  DEBT
 SHALL  BE  BASED  UPON PAYMENT FOR ASSISTANCE OR CARE THAT OCCURRED MORE
 THAN TWO YEARS BEFORE THE ACTION OR PROCEEDING IS COMMENCED.
   § 6. Section 106-b of the social services law, as amended  by  chapter
 81 of the laws of 1995, is amended to read as follows:
   §  106-b.  Adjustment  for incorrect payments. 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 THOSE PERSONS PENDING A FAIR HEARING DECISION.
   (B) "RECIPIENT" SHALL MEAN ANY INDIVIDUAL WHO IS  CURRENTLY  RECEIVING
 OR AT ONE TIME RECEIVED ASSISTANCE OR CARE UNDER THIS TITLE.
   2.  Any  inconsistent  provision  of  law  notwithstanding,  a  social
 services official shall, in  accordance  with  the  regulations  of  the
 department  and  consistent  with  federal law and regulations, take all
 necessary steps to correct any overpayment or underpayment to  a  public
 assistance recipient[; provided, however,]. HOWEVER:
   (A) A SOCIAL SERVICES OFFICIAL SHALL NOT BRING AN ACTION OR PROCEEDING
 UNDER THIS SECTION:
   (I)  IF  EXCESS PAYMENTS OR PAYMENTS MADE TO AN INELIGIBLE PERSON WERE
 MADE DUE TO AGENCY OR CONTRACTOR ERROR, INCLUDING BUT NOT LIMITED TO  AN
 ERROR MADE BY A FACILITATED ENROLLER; OR
   (II)  TO  RECOVER  AN OVERPAYMENT UNDER THIS SECTION FOR ASSISTANCE OR
 CARE RECEIVED BY A PERSON UNDER TWENTY-ONE YEARS OF AGE.
   (B) [that a] A social services official [may] SHALL waive recovery  of
 a  past overpayment, in the case of an individual who is not currently a
 recipient of public assistance, where the cost of  recovery  is  greater
 than the cost of collections as determined in accordance with department
 regulations  consistent with federal law and regulations.  [For purposes
 of this section, overpayment shall include payments made to an  eligible
 person  in  excess  of his needs as defined in this chapter and payments
 made to ineligible persons (including  payments  made  to  such  persons
 pending  a  fair  hearings  decision). The commissioner shall promulgate
 regulations to implement  procedures  for  correcting  overpayments  and
 underpayments. The]

 S. 4540--A                          5
 
   (C)  IN  ANY ACTION OR PROCEEDING TO RECOVER AN OVERPAYMENT UNDER THIS
 SECTION, THE SOCIAL SERVICES OFFICIAL SHALL BE ENTITLED  TO  RECOVER  NO
 MORE  THAN THE VALUE OF THE PROPERTY WHICH RESULTED IN AN OVERPAYMENT TO
 THE RECIPIENT OR THE COST OF THE ASSISTANCE OR CARE, WHICHEVER IS LOWER.
   (D)  ANY  ACTION  OR  PROCEEDING  TO RECOVER AN OVERPAYMENT UNDER THIS
 SECTION SHALL BE WAIVED IN CASES OF UNDUE HARDSHIP IN  WHICH  A  RECIPI-
 ENT'S  ADJUSTED  GROSS  INCOME  FOR THE APPLICABLE HOUSEHOLD SIZE IS TWO
 HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE OR LOWER AND IN  CASES
 OF  OTHER EXTENUATING CIRCUMSTANCES AS DETERMINED BY THE SOCIAL SERVICES
 OFFICIAL.
   3. THE procedures for correcting overpayments shall be designed to AND
 SHALL minimize adverse impact on the recipient, and to the extent possi-
 ble avoid undue hardship.  [Notwithstanding any other provision  of  law
 to  the  contrary,  no underpayment shall be corrected with respect to a
 person who is currently not eligible for or in receipt of home relief or
 aid to dependent children, except that corrective payments may  be  made
 with  respect  to  persons formerly eligible for or in receipt of aid to
 dependent children to  the  extent  that  federal  law  and  regulations
 require.]
   4.  A  SOCIAL  SERVICES OFFICIAL SHALL FOLLOW THE FOLLOWING PROCEDURES
 WHEN CORRECTING ANY OVERPAYMENT OR UNDERPAYMENT TO A  PUBLIC  ASSISTANCE
 RECIPIENT UNDER THIS SECTION:
   (A) WHEN DETERMINING WHETHER A RECIPIENT MAY BE LIABLE FOR AN OVERPAY-
 MENT,  THE  MOST  FAVORABLE BUDGETING UNDER THE APPLICABLE LAW AND RULES
 SHALL BE USED TO DETERMINE ELIGIBILITY FOR ASSISTANCE OR CARE.
   (B) AFTER IDENTIFICATION AND VERIFICATION OF AN OVERPAYMENT, AND PRIOR
 TO MEETING WITH THE RECIPIENT  UNDER  INVESTIGATION,  A  WRITTEN  NOTICE
 CONTAINING THE FOLLOWING INFORMATION SHALL BE MAILED TO THE RECIPIENT:
   (I)  A  STATEMENT OF THE SPECIFIC ELIGIBILITY CRITERIA UNDER WHICH THE
 RECIPIENT WAS ALLEGEDLY INELIGIBLE FOR BENEFITS;
   (II) THE BUDGETING METHODOLOGY, UNDER THE APPLICABLE  LAW  AND  RULES,
 APPLIED IN MAKING THE DECISION TO PURSUE RECOVERY OF AN ALLEGED OVERPAY-
 MENT;
   (III)  THE TIME PERIOD DURING WHICH THE RECIPIENT WAS ALLEGEDLY INELI-
 GIBLE;
   (IV) THE VALUE OF THE REAL OR PERSONAL PROPERTY THAT  RESULTED  IN  AN
 OVERPAYMENT;
   (V)  THE  AMOUNT  OF  RECOVERY  SOUGHT, INCLUDING AN ACCOUNTING OF THE
 RECOVERY SOUGHT AND ALL EXPENDITURES  OF  ASSISTANCE  OR  CARE  MADE  ON
 BEHALF OF THE RECIPIENT DURING THE PERIOD OF INELIGIBILITY;
   (VI)  AN EXPLANATION OF THE RECIPIENT'S RIGHTS TO BRING COUNSEL OR ANY
 OTHER PERSON TO ANY MEETING WITH SOCIAL SERVICES OFFICIALS AND TO  LEAVE
 ANY MEETING WITH SOCIAL SERVICES OFFICIALS AT ANY TIME; AND
   (VII)  AN  EXPLANATION OF THE RECIPIENT'S RIGHT TO CHALLENGE LIABILITY
 FOR AN OVERPAYMENT BY ESTABLISHING ELIGIBILITY FOR  ASSISTANCE  OR  CARE
 USING THE MOST FAVORABLE BUDGETING UNDER THE APPLICABLE LAW AND RULES.
   (C)  NO  DOCUMENTS MAY BE REQUESTED FROM RECIPIENTS DURING AN INVESTI-
 GATION OF AN ALLEGED OVERPAYMENT UNLESS IT IS DIRECTLY RELEVANT  TO  THE
 ELIGIBILITY FACTORS AND TIME PERIODS FOR WHICH THE SOCIAL SERVICES OFFI-
 CIAL HAS A GOOD FAITH BASIS TO BELIEVE THE RECIPIENT WAS INELIGIBLE. THE
 RECIPIENT SHALL BE GIVEN A REASONABLE AMOUNT OF TIME TO RESPOND TO DOCU-
 MENT  REQUESTS  AND  MEETING  REQUESTS, TAKING INTO ACCOUNT TIME PERIODS
 NECESSARY FOR THIRD PARTIES TO PROVIDE DOCUMENTS.
   (D)  IN  THE  CASE  OF  AN  ALLEGED  MEDICAL  ASSISTANCE  OVERPAYMENT,
 DISTRICTS  SHALL  CONTACT  RECIPIENT'S  MANAGED  CARE PLANS TO ASCERTAIN

 S. 4540--A                          6

 WHETHER THE RECIPIENT ACCESSED SERVICES  DURING  THE  TIME  PERIOD  WHEN
 RECOVERY IS BEING CONTEMPLATED.
   5.  NO  SETTLEMENT AGREEMENT OR PAYMENT PLAN TO RECOVER AN OVERPAYMENT
 SHALL BE EFFECTIVE UNLESS A SOCIAL SERVICES OFFICIAL WITH PERSONAL KNOW-
 LEDGE OF THE CLAIMS PRODUCES AN AFFIDAVIT ATTESTING TO THE  VALIDITY  OF
 THE CLAIMS AGAINST THE RECIPIENT, INCLUDING BUT NOT LIMITED TO AN ATTES-
 TATION THAT THE SOCIAL SERVICES OFFICIAL HAS DETERMINED THAT THE CONTIN-
 UOUS  COVERAGE PROTECTIONS PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR
 OF SECTION THREE HUNDRED SIXTY-SIX OF THIS CHAPTER DO NOT APPLY  TO  THE
 RECIPIENT.  THE  ATTESTATION  MUST  ALSO  STATE THE SPECIFIC ELIGIBILITY
 CRITERIA UNDER TO WHICH THE RECIPIENT WAS ALLEGEDLY INELIGIBLE FOR BENE-
 FITS; THE BUDGETING METHODOLOGY UNDER THE APPLICABLE LAWS AND RULES THAT
 WAS APPLIED IN MAKING THE DETERMINATION THAT THE RECIPIENT WAS  INELIGI-
 BLE FOR BENEFITS, INCLUDING THE APPLICABLE RESOURCE OR INCOME LIMITS FOR
 THE  RECIPIENT'S  HOUSEHOLD COMPOSITION DURING THE CLAIM PERIOD, AND THE
 RECIPIENT'S APPLICABLE RESOURCES AND INCOME DURING THE CLAIM PERIOD; THE
 TIME PERIOD DURING WHICH THE RECIPIENT  WAS  ALLEGEDLY  INELIGIBLE;  THE
 VALUE OF THE REAL OR PERSONAL PROPERTY WHICH RESULTED IN AN OVERPAYMENT;
 AND  THE  AMOUNT OF RECOVERY SOUGHT. THE AFFIDAVIT SHALL BE SUPPORTED BY
 EXHIBITS INCLUDING AN ACCOUNTING OF THE RECOVERY SOUGHT AND ALL EXPENDI-
 TURES OF ASSISTANCE OR CARE MADE ON BEHALF OF THE RECIPIENT  DURING  THE
 PERIOD OF INELIGIBILITY.
   6. THE SOCIAL SERVICES OFFICIAL SHALL NOT USE A CONFESSION OF JUDGMENT
 TO RECOVER AN OVERPAYMENT.
   7.  THERE  SHALL  BE NO ACTION OR PROCEEDING TO RECOVER AN OVERPAYMENT
 UNDER THIS SECTION FOR MEDICAL ASSISTANCE BENEFITS AGAINST  A  RECIPIENT
 WHOSE  MEDICAL ASSISTANCE ELIGIBILITY WAS GRANTED OR EXTENDED DURING THE
 PERIOD OF THE COVID-19 PUBLIC HEALTH EMERGENCY, TO BE DEFINED  AS  MARCH
 EIGHTEENTH, TWO THOUSAND TWENTY THROUGH THE END OF THE QUARTER WHEN SUCH
 PUBLIC HEALTH EMERGENCY ENDS.
   8.  ALL  SETTLEMENT  AGREEMENTS  AND PAYMENT PLANS OBTAINED UNDER THIS
 SECTION IN WHICH THE RECIPIENT HAS PAID FIFTY PERCENT  OR  MORE  OF  THE
 DEBT  BY  THE  END  OF  THE  COVID-19 PUBLIC HEALTH EMERGENCY ARE HEREBY
 CONSIDERED PAID IN FULL.
   9. IF A RECIPIENT SUBJECT TO A SETTLEMENT AGREEMENT  OR  PAYMENT  PLAN
 UNDER THIS SECTION HAS NOT PAID FIFTY PERCENT OR MORE OF THE DEBT BY THE
 END  OF  THE  COVID-19  PUBLIC  HEALTH EMERGENCY, THE RECIPIENT SHALL BE
 ALLOWED TO SUBMIT EVIDENCE OF UNDUE HARDSHIP FOR WAIVER OF THE REMAINING
 DEBT UNDER PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION OR AN APPRO-
 PRIATE REDUCTION OF DEBT BASED ON HARDSHIP. NOTICE REGARDING THE  OPPOR-
 TUNITY  FOR SUCH A WAIVER SHALL BE PROVIDED BY THE SOCIAL SERVICES OFFI-
 CIAL.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply  to  any  claim,  matter,  or
 administrative  or  legal  action or proceeding pending at or after that
 time. The commissioner of health, the  commissioner  of  the  office  of
 temporary and disability assistance, and local social services officials
 shall  make  regulations  and take other actions reasonably necessary to
 implement this act on that date.