senate Bill S4540A

2021-2022 Legislative Session

Relates to recovery of overpayment of certain assistance; repealer

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 20, 2022 advanced to third reading
Jan 19, 2022 2nd report cal.
Jan 18, 2022 1st report cal.209
Jan 05, 2022 referred to social services
returned to senate
died in assembly
Jun 03, 2021 referred to ways and means
delivered to assembly
passed senate
May 26, 2021 ordered to third reading cal.1337
committee discharged and committed to rules
May 19, 2021 reported and committed to finance
May 10, 2021 print number 4540a
May 10, 2021 amend (t) and recommit to social services
Feb 05, 2021 referred to social services

Votes

view votes

Jan 18, 2022 - Social Services committee Vote

S4540A
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: Jan 18, 2022

nay (1)
aye wr (1)

May 26, 2021 - Rules committee Vote

S4540A
14
6
committee
14
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 19, 2021 - Social Services committee Vote

S4540A
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: May 19, 2021

nay (1)
aye wr (1)

Co-Sponsors

S4540 - Details

See Assembly Version of this Bill:
A5613
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

S4540 - Summary

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

S4540 - Sponsor Memo

S4540 - Bill Text download pdf

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

S4540A (ACTIVE) - Details

See Assembly Version of this Bill:
A5613
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

S4540A (ACTIVE) - Summary

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

S4540A (ACTIVE) - Sponsor Memo

S4540A (ACTIVE) - Bill Text download pdf

 
                     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.

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