LBD13924-02-4
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an explanation in plain language of what would constitute good cause for
non-compliance and examples of acceptable forms of evidence that may
warrant an exemption from work activities, including evidence of domes-
tic violence, and physical or mental health limitations that may be
provided at the conciliation conference to demonstrate such good cause
for failure to comply with the requirements of this title. If the
participant does not contact the district within the specified number of
days, the district shall issue ten days notice of intent to discontinue
or reduce assistance, pursuant to regulations of the department. Such
notice shall also include a statement of the participant's right to a
fair hearing relating to such discontinuance or reduction. If such
participant contacts the district within [seven] TEN CALENDAR days [in
the case of a safety net participant or within ten days in the case of a
family assistance participant], it will be the responsibility of the
participant to give reasons for such failure or refusal.
S 2. Paragraph (b) of subdivision 2 of section 332-b of the social
services law, as amended by chapter 214 of the laws of 1998, is amended
to read as follows:
(b) If, prior to submitting his or her medical documentation, the
individual is referred to a health care practitioner [certified by the
office of disability determinations of the office of temporary and disa-
bility assistance] LICENSED TO PRACTICE IN NEW YORK STATE or, if appli-
cable, to the contracted agency or institution by or with which such
health care practitioner LICENSED TO PRACTICE IN NEW YORK STATE is
employed or affiliated for an examination pursuant to subdivision four
of this section, such individual shall make best efforts to bring such
documentation to the examination, and in no case shall provide such
records to the examining health care practitioner [certified by the
office of disability determinations] or, if applicable, to the
contracted agency or institution by or with which such health care prac-
titioner is employed or affiliated later than [four business] TEN CALEN-
DAR days [after such examination] FROM THE DATE OF THE NOTICE WHICH
INFORMED THE INDIVIDUAL OF THE OPPORTUNITY TO PROVIDE MEDICAL DOCUMENTA-
TION; provided that the individual may demonstrate good cause as defined
in regulations, for failure to provide such records within the specific
time periods.
S 3. The opening paragraph of subdivision 4 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:
In instances where the district determines either that the documenta-
tion is insufficient to support an exemption from or limitation on work
activities or that further medical evaluation is appropriate, the indi-
vidual shall be referred to a health care practitioner [certified by the
Office of Disability Determinations of the Department of Social
Services] LICENSED TO PRACTICE AS A PHYSICIAN OR A PSYCHOLOGIST IN NEW
YORK STATE for an examination of such individual's medical condition.
S 4. Subdivision 5 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:
5. When an applicant or recipient has requested, or a social services
official has directed a determination pursuant to this section, no
assignment to work activities may be made until completion of such
determination, unless the applicant or recipient agrees to a limited
work assignment not inconsistent with the medical condition alleged by
such person EXCEPT THAT A DISTRICT MAY REQUIRE WORK LIMITED PARTICIPANTS
WHO ARE NOT CLAIMING A CHANGE IN THEIR CONDITION TO CONTINUE TO PARTIC-
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IPATE IN ASSIGNED WORK ACTIVITIES CONSISTENT WITH THE INDIVIDUAL'S DOCU-
MENTED MEDICAL LIMITATIONS WHILE A RE-EVALUATION OF THE INDIVIDUAL'S
EMPLOYABILITY STATUS IS COMPLETED IN ACCORDANCE WITH THIS SECTION.
S 5. The opening paragraph and paragraphs (a) and (b) of subdivision 1
of section 335-b of the social services law, as amended by section 2 of
part J of chapter 58 of the laws of 2006, are amended to read as
follows:
Each social services district shall meet or exceed the minimum partic-
ipation rate for recipients of assistance funded under the federal
temporary assistance for needy families program, AND FOR FAMILIES
RECEIVING ASSISTANCE IN THE SAFETY NET ASSISTANCE PROGRAM WHO ARE
REQUIRED BY FEDERAL LAW AND REGULATION TO BE INCLUDED IN SUCH RATE,
participating in work activities as specified below with respect to
families receiving such assistance. Each such district shall also meet
or exceed the minimum participation rates for households WITHOUT DEPEND-
ENT CHILDREN in which there is an adult OR MINOR HEAD OF HOUSEHOLD who
is receiving safety net assistance. Work activities for which such rates
apply are described in section three hundred thirty-six of this title.
(a) [Such] CONSISTENT WITH FEDERAL REQUIREMENTS, SUCH rate for all
families receiving assistance funded under the federal temporary assist-
ance for needy families program, AND FOR FAMILIES RECEIVING ASSISTANCE
IN THE SAFETY NET ASSISTANCE PROGRAM WHO ARE REQUIRED BY FEDERAL LAW AND
REGULATION TO BE INCLUDED IN SUCH RATE, shall be [as follows: for feder-
al fiscal year nineteen hundred ninety-seven, twenty-five percent; nine-
teen hundred ninety-eight, thirty percent; nineteen hundred ninety-nine,
thirty-five percent; two thousand, forty percent; two thousand one,
forty-five percent; two thousand two and thereafter,] fifty percent.
Such [rates] RATE shall apply unless the state is required to meet a
different rate as imposed by the federal government, in which case such
different rate shall apply in accordance with a methodology approved by
the commissioner of the office of temporary and disability assistance.
(b) [Such] CONSISTENT WITH FEDERAL REQUIREMENTS, SUCH rate for two-
parent families receiving assistance funded under the federal temporary
assistance for needy families program, AS WELL AS FOR SUCH TWO-PARENT
FAMILIES IN WHICH THERE IS AN ADULT OR MINOR HEAD OF HOUSEHOLD AND WHICH
ARE RECEIVING ASSISTANCE FUNDED UNDER THE SAFETY NET ASSISTANCE PROGRAM
WHO ARE REQUIRED BY FEDERAL LAW AND REGULATION TO BE INCLUDED IN SUCH
RATE, shall be [as follows: for federal fiscal years nineteen hundred
ninety-seven and nineteen hundred ninety-eight, seventy-five percent;
nineteen hundred ninety-nine and thereafter,] ninety percent. Such rate
shall apply unless the state is required to meet a different rate as
imposed by the federal government, in which case such different rate
shall apply in accordance with a methodology approved by the commission-
er of the office of temporary and disability assistance.
S 6. Paragraph (c) of subdivision 1 of section 335-b of the social
services law is REPEALED and paragraphs (e) and (f) are relettered para-
graphs (d) and (e).
S 7. Paragraph (d) of subdivision 1 of section 335-b of the social
services law, as amended by section 2 of part J of chapter 58 of the
laws of 2006, is amended to read as follows:
[(d)] (C) Calculation of participation rates. The commissioner of the
office of temporary and disability assistance shall promulgate regu-
lations which define the participation rate calculation. Such calcu-
lation for families receiving assistance funded under the federal tempo-
rary assistance for needy families program, AND FOR FAMILIES RECEIVING
ASSISTANCE IN THE SAFETY NET ASSISTANCE PROGRAM WHO ARE REQUIRED BY
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FEDERAL LAW AND REGULATION TO BE INCLUDED IN SUCH RATE, pursuant to
[article] TITLE IV-A of the social security act shall be consistent with
that established in federal law.
S 8. Subdivision 2 of section 335-b of the social services law, as
amended by chapter 380 of the laws of 2004, is amended to read as
follows:
2. Engaged in work for a month shall mean participating in work activ-
ities identified in subdivision one of section three hundred thirty-six
of this title for the required number of hours specified in this section
provided, however, that at least twenty hours of such participation, or
thirty hours for two-parent families, or fifty hours for two-parent
families receiving federally funded child care as set forth in subpara-
graph (iii) of paragraph (d) of subdivision one of this section, shall
be attributable to the activities described in paragraphs (a) through
(h) and (l) of subdivision one of section three hundred thirty-six of
this title, or for households without dependent children at least twenty
hours of participation shall be attributable to the activities set forth
in paragraphs (a) through (h) and (l) of subdivision one of section
three hundred thirty-six of this title, and further provided that
participation in job search and job readiness assistance as identified
in paragraph (f) of subdivision one of section three hundred thirty-six
of this title shall only be determined as engaged in work for [a maximum
period of six weeks, only four of which may be consecutive as otherwise
limited by federal law] THE MAXIMUM PERIODS ESTABLISHED BY FEDERAL LAW
AND REGULATION; and that individuals in all families and in two parent
families may be engaged in work for a month by reason of participation
in vocational training to the extent allowed by federal law. Any non-
graduate student participating or approved by CUNY, SUNY or another
degree granting institution, or any other state or local district
approved education, training or vocational rehabilitation agency to
participate in work-study, or in internships, externships, or other work
placements that are part of the curriculum of that student, shall not be
unreasonably denied the ability to participate in such programs and each
hour of participation shall count toward satisfaction of such student's
work activity requirements of this title provided that the district may
consider, among other factors, (a) whether the student has voluntarily
terminated his or her employment or voluntarily reduced his or her earn-
ings to qualify for public assistance pursuant to subdivision ten of
section one hundred thirty-one of this article; (b) whether a comparable
job or on the job training position can reasonably be expected to exist
in the private, public or not-for-profit sector; (c) that the student
has a cumulative C average or its equivalent, which may be waived by the
district for undue hardship based on (1) the death of a relative of the
student, (2) the personal injury or illness of the student, or (3) other
extenuating circumstances; and (d) whether the institution cooperates in
monitoring students attendance and performance and reports to the local
social services department monthly on each student. Failure of the
institution to monitor and report monthly to local social services
districts on attendance and performance of the student's work study,
internship, externship or other work placement shall be cause for the
department to reasonably deny the student's ability to participate in
such programs. Students shall be subject to sanctions equivalent to
those associated with failure to adequately satisfy their other required
work activities. In assigning a non-graduate student participating in
work-study, internships, externships or other work placements, pursuant
to this section, to other work activities the district shall make
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reasonable effort to assign the student to hours that do not conflict
with the student's academic schedule.
S 9. Paragraph (m) of subdivision 1 of section 336 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:
(m) job search and job readiness assistance once the individual has
exceeded the [six week limit] LIMITS ON SUCH ACTIVITIES set in federal
law AND REGULATION;
S 10. Subdivision 8 of section 336 of the social services law, as
added by chapter 534 of the laws of 2000, is amended to read as follows:
8. The hours of participation in federal work study programs completed
pursuant to section three hundred thirty-five-b of this title shall be
included as a work activity within the definition of unsubsidized
employment, subsidized private sector employment or subsidized public
sector employment pursuant to paragraphs (a), (b) and (c) of subdivision
one of this section, and the hours of participation in internships,
externships and other work placements completed pursuant to section
three hundred thirty-five-b of this title shall be included as a work
activity within the definition of [on-the-job training] WORK EXPERIENCE
pursuant to paragraph [(e)] D of subdivision one of this section OR
OTHER WORK ACTIVITY CONSISTENT WITH FEDERAL LAW AND REGULATION.
S 11. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 12. This act shall take effect immediately.