S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7726
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 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
   or other digital means; and to amend a chapter of  the  laws  of  2021
   amending the social services law relating to allowing persons applying
   for  or  receiving  public  assistance  to be interviewed by phone, as
   proposed in legislative bills numbers S.3223-A and A.5414, in relation
   to the effectiveness thereof
 
   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, as amended by a chapter of  the  laws  of  2021
 amending  the  social services law relating to allowing persons applying
 for or receiving public  assistance  to  be  interviewed  by  phone,  as
 proposed  in  legislative bills numbers S.3223-A and A.5414, 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 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  screening  may  be  conducted  by  telephone OR OTHER
 DIGITAL MEANS at the [social services district's option] REQUEST OF  THE
 APPLICANT OR RECIPIENT.
   (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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06833-05-1

 A. 7726                             2
 
 performed by an alcohol and/or substance abuse professional credentialed
 by the office of addiction services and supports. The assessment may  be
 performed  directly  by  the  district  or pursuant to contract with the
 district. Such assessment may be conducted by telephone OR OTHER DIGITAL
 MEANS  at  the [social services district's option] REQUEST OF THE APPLI-
 CANT OR RECIPIENT.
   § 2. Subdivision 3 of section 134-a of the  social  services  law,  as
 amended  by  a  chapter of the laws of 2021 amending the social services
 law relating to  allowing  persons  applying  for  or  receiving  public
 assistance  to be interviewed by phone, as proposed in legislative bills
 numbers S.3223-A and A.5414, 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 THE SOCIAL SERVICES OFFICIAL MAY  PROVIDE  THE  OPTION  OF  A  PHONE
 INTERVIEW  OR  OTHER  DIGITAL  MEANS  FOR such interview [may be a phone
 interview] at the [social  services  official's  option.  Applicants  or
 recipients shall be excused from such requirements to avoid hardship, as
 defined by regulations of the department. Hardship shall include but not
 be  limited  to  circumstances  including  infirmity, serious illness or
 physical disability] REQUEST OF THE APPLICANT OR RECIPIENT.
   § 3. Subdivision 2 of section 349-a of the  social  services  law,  as
 amended  by  a  chapter of the laws of 2021 amending the social services
 law relating to  allowing  persons  applying  for  or  receiving  public
 assistance  to be interviewed by phone, as proposed in legislative bills
 numbers S.3223-A and A.5414, 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
 OR OTHER DIGITAL  MEANS  at  the  [social  services  district's  option]
 REQUEST  OF  THE  APPLICANT OR RECIPIENT. 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. Section 4 of a chapter of the laws of 2021  amending  the  social
 services  law  relating  to  allowing  persons applying for or receiving
 public assistance to be interviewed by phone, as proposed in legislative
 bills numbers S.3223-A and A.5414, is amended to read as follows:
   § 4. This act shall take effect [immediately] ON THE ONE HUNDRED TWEN-
 TIETH DAY AFTER IT SHALL HAVE BECOME A LAW.   EFFECTIVE IMMEDIATELY  THE
 OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE, IN CONSULTATION WITH THE
 OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE  AS  WELL  AS  ANY  OTHER
 PUBLIC OR PRIVATE AGENCY, SHALL UNDERTAKE AND COMPLETE ON OR BEFORE SUCH
 EFFECTIVE  DATE  SUCH  MEASURES  AS  MAY BE NECESSARY AND APPROPRIATE TO
 DEVELOP THE NECESSARY PROTOCOLS WITH RESPECT TO  TELEPHONIC  SCREENINGS,
 ASSESSMENTS AND APPLICATIONS FOR PUBLIC ASSISTANCE.
   §  5.  This  act shall take effect immediately; provided however, that
 sections one, two and three of this act shall take effect  on  the  same
 date  and  in  the same manner as a chapter of the laws of 2021 amending
 the social services law relating to allowing  persons  applying  for  or
 receiving  public  assistance to be interviewed by phone, as proposed in
 legislative bills numbers S.3223-A and A.5414, takes effect.