NY State Senate Bill S799

Current Bill Status - Passed Senate

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

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2023	referred to social services delivered to assembly passed senate
Feb 06, 2023	advanced to third reading
Feb 01, 2023	2nd report cal.
Jan 31, 2023	1st report cal.213
Jan 06, 2023	referred to social services

Votes

view votes

Mar 21, 2023 - floor Vote

S799

floor

Aye

Nay

Absent

Excused

Abstained

Jan 31, 2023 - Social Services committee Vote

S799

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Social Services committee vote details

Social Services Committee Vote: Jan 31, 2023

aye (5)

nay (1)

Weik

aye wr (1)

Murray

S799 (ACTIVE) - Details

Current Committee:: Assembly Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §332-b, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S7449

S799 (ACTIVE) - Summary

Extends the period given to certain applicants for public assistance benefits to request a fair hearing on a determination of their ability to participate in work activities from ten days to sixty days or within sixty days of receipt of a work activity assignment.

S799 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S799

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the social services law, in relation to extending the
period given to certain applicants for public assistance benefits to
request a fair hearing

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill extends the time allowed for.a disabled applicant for, or
recipient of, public assistance to request a fair hearing on the suit-
ability of a work assignment.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would extend from 10 to 6o days the time allowed for an appli-
cant for, or recipient of, public assistance to request a fair hearing
to contest a determination of disability made by an examining medical
professional or work assignment made by the social services district.
This bill would further provide that when the applicant has made a time-

ly request for such fair hearing, no work activity may be enforced pend-
ing the hearing and determination.

 
JUSTIFICATION:

Under existing law, when an applicant or recipient of public assistance,
or a local social services district, has reason to believe that a phys-
ical or mental impairment may prevent the applicant or recipient from
fully engaging in work activities, the applicant or recipient has the
opportunity to submit documentation of his or her condition and receive
may be referred to an OTDA certified health care practitioner for
further medical evaluation to verify the condition. Based on the
documentation and the examination, a determination is made that the
applicant or recipient is: (1) disabled and unable to work; (2) able to
engage in work activities with stated limitations; or (3) neither disa-
bled nor "work limited."  Upon receiving notice of this determination of
disability, the applicant or recipient has in days to request a fair
hearing of the determination. This bill would amend § 332-b(6) of the
Social Services Law to extend the time allowed to request a fair hearing
to 6o days, in order to make this time period consistent with the time
allowed for requesting other types of fair hearings under the Social
Services Law.

Disabled public assistance recipients are frequently assigned to work
activities that are either impossible to perform given their medical
condition or hazardous to their health. In fact, one disabled recipient
suffered a fatal heart attack while assigned to perform sanitation
duties that were incompatible with her documented medical history.

Although currently given the opportunity to request a fair hearing to
contest a work assignment, disabled applicants and recipients of public
assistance are rarely able to meet the 10 day deadline to request such
hearing because they are not informed of the specific duties that will
be required at the work assignment until the 10 day period has expired.
Therefore, once they recognize that their work assignment will exceed
their capabilities or pose a threat to their health, it is too late to
challenge it.
Under existing law, applicants and recipients seeking to appeal almost
any other decision by a local social services district have 6o days to
request a fair hearing. Applicants and recipients of food stamps have go
days to request a hearing with regard to their food stamp benefits. It
is unreasonable to substantially reduce the time allotted to the most
vulnerable public assistance recipients - the disabled - to request a
fair hearing, particularly when their health and safety may be in
jeopardy.

 
PRIOR LEGISLATIVE HISTORY:

2022: S7449- Passed Senate

2019-2020: A.2717; 2017-2018: A.3041; 2015-2016: A.4852; 2013-2014:
A.3404; 2011: A.2965; 2009: A.1306; 2007: Passed Assembly, Bill A.7550;
2004: Passed Assembly; 2002: Passed Assembly; 2001: Passed Assembly;.
2000: Referred to Social Services Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S799 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    799
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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, in relation  to  extending  the
   period  given  to certain applicants for public assistance benefits to
   request a fair hearing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 6 of section 332-b of the social services law,
 as added by section 148 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   6. When an applicant or recipient receives notification of the examin-
 ing medical professional's disability determination,  he  or  she  shall
 also  be  notified  of his or her right to request a fair hearing within
 [ten] SIXTY days of such notice OR WITHIN SIXTY DAYS  OF  RECEIPT  OF  A
 WORK  ACTIVITY  ASSIGNMENT.    If  such applicant timely requests a fair
 hearing, no assignment to work activities pursuant to this title may  be
 made  OR  ENFORCED  pending  such  hearing  and determination unless the
 applicant or recipient agrees to a limited work  assignment  not  incon-
 sistent  with  the  medical condition alleged by such person.  Provided,
 however, that if a social services district has reason to  believe  that
 such  recipient or applicant does not actually suffer from a work limit-
 ing condition, the district shall provide  the  applicant  or  recipient
 with  notice  of  potential  sanctions  pursuant to subdivision three of
 section three hundred forty-two of this title, and provided further that
 recipients will be subject to sanctions pursuant to subdivision three of
 section three hundred forty-two of this title  if  the  district  deter-
 mines,  based  on clear medical evidence, that there is no basis for the
 individual's claim that he or she is unable  to  fully  engage  in  work
 activities,  and that the individual intentionally misrepresented his or
 her medical condition.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03291-01-3

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The New York State Senate

senate Bill S799

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2023 - floor Vote

Floor Vote: Mar 21, 2023

Jan 31, 2023 - Social Services committee Vote

Social Services Committee Vote: Jan 31, 2023

S799 (ACTIVE) - Details

S799 (ACTIVE) - Summary

S799 (ACTIVE) - Sponsor Memo

S799 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S799

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Sponsored By

Leroy Comrie

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2023 - floor Vote

Floor Vote: Mar 21, 2023

Jan 31, 2023 - Social Services committee Vote

Social Services Committee Vote: Jan 31, 2023

S799 (ACTIVE) - Details

S799 (ACTIVE) - Summary

S799 (ACTIVE) - Sponsor Memo

S799 (ACTIVE) - Bill Text download pdf

Comments