§ 152-d. Replacement of stolen public assistance. 1. Notwithstanding
section three hundred fifty-j of this article and subdivision eleven of
section one hundred thirty-one of this title, and in accordance with
this section, public assistance recipients shall receive replacement
assistance for the loss of public assistance, as defined in subdivision
nineteen of section two of this chapter, in instances when such public
assistance has been stolen as a result of card skimming, cloning, third
party misrepresentation or other similar fraudulent activities,
consistent with guidance issued by the office of temporary and
disability assistance.

2. The office of temporary and disability assistance shall establish a
protocol for recipients to report incidents of stolen public assistance.
This protocol will be administered by social services districts pursuant
to guidance issued by the office of temporary and disability assistance.

3. Social services districts shall promptly replace stolen public
assistance, however, such replacement shall occur no later than five
business days after the social services district has verified the public
assistance was stolen in accordance with guidance established by the
office of temporary and disability assistance consistent with federal
and state laws, regulations and guidance, provided, however, that social
services districts shall not ask recipients to obtain a police report or
require any other interaction with law enforcement unless required by
federal law, regulation, or guidance for either public assistance or
supplemental nutrition assistance program benefits.

4. For public assistance that is verified as stolen, replacement
assistance shall be provided by the social services district in
accordance with this section as follows:

(a) the lesser of: (i) the amount of public assistance that was
stolen; or (ii) the amount of public assistance equal to two months of
the monthly allotment of the household immediately prior to the date
upon which the public assistance was stolen; provided, however, the
commissioner may promulgate regulations for the provision of additional
replacement assistance in extenuating circumstances consistent with
federal and state laws, regulations and guidance; and

(b)(i) no more than twice in a federal fiscal year to cover public
assistance stolen on or after January first, two thousand twenty-two
through September thirtieth, two thousand twenty-four; or (ii) no more
than once in a federal fiscal year to cover public assistance stolen on
or after October first, two thousand twenty-four.

5. Any replacement assistance provided under this section shall be
exempt from recoupment and recovery provisions under title six of
article three of this chapter; provided, however, that assistance shall
not be exempt from recoupment and recovery if it is later determined
that the public assistance that was replaced pursuant to this section
was not stolen as a result of card skimming, cloning, third party
misrepresentation or other similar fraudulent activities.

6. The office of temporary and disability assistance shall make a
model sign available on its website that can be used by any person,
firm, partnership, association or corporation required to inform
individuals about electronic benefit transfer scams, including, but not
limited to, skimming, and the steps they can take to protect their
benefits in accordance with section three hundred ninety-e of the
general business law.