S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1306

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  WRIGHT,  GLICK, PEOPLES, MILLMAN, O'DONNELL,
  EDDINGTON, POWELL, KAVANAGH, JAFFEE, ESPAILLAT --  Multi-Sponsored  by
  -- M. of A. CLARK, COLTON, COOK, DIAZ, DINOWITZ, FARRELL, GALEF, GOTT-
  FRIED,  GREENE,  HOOPER,  JACOBS,  JOHN,  LAVINE,  McENENY, J. RIVERA,
  ROBINSON, TITONE, TOWNS, WEINSTEIN -- read once and  referred  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-

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

                                                           LBD00413-01-9

A. 1306                             2

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.
  S 2. This act shall take effect immediately.