S T A T E   O F   N E W   Y O R K
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                                  4250

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. WRIGHT, MOSLEY, AUBRY, RODRIGUEZ, DAVILA, WEPRIN,
  RUSSELL,  PERRY  -- Multi-Sponsored by -- M. of A. SCARBOROUGH -- read
  once and referred to the Committee on Social Services

AN ACT to amend the social  services  law,  in  relation  to  clarifying
  notice  requirements,  conciliation  procedures and sanctions in cases
  when the recipient of public assistance  programs  refuses  to  comply
  with  employment program requirements in a city having a population of
  one million or more persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
341-a to read as follows:
  S 341-A.  RE-ENGAGEMENT; CONCILIATION; REFUSAL TO PARTICIPATE.  1. THE
PROVISIONS OF THIS SECTION SHALL APPLY TO PERSONS WHO ARE RESIDENTS OF A
CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE.
  2. (A) CONSISTENT WITH FEDERAL LAW AND REGULATIONS AND THIS TITLE,  IF
A  PARTICIPANT  HAS FAILED OR REFUSED TO COMPLY WITH THE REQUIREMENTS OF
THIS TITLE AND THE DISTRICT HAS DETERMINED THAT HE OR SHE IS NOT  EXEMPT
FROM  SUCH  REQUIREMENTS  AND  HAS VERIFIED THAT APPROPRIATE CHILD CARE,
TRANSPORTATION, AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE  AT  THE
TIME  OF  SUCH  FAILURE  OR  REFUSAL, THE SOCIAL SERVICES DISTRICT SHALL
ISSUE A RE-ENGAGEMENT NOTICE IN  PLAIN  LANGUAGE  INDICATING  THAT  SUCH
FAILURE  OR REFUSAL HAS TAKEN PLACE AND OF THE RIGHT OF SUCH PARTICIPANT
TO AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS THROUGH  THE
RE-ENGAGEMENT  PROCESS.  "RE-ENGAGEMENT  PROCESS" SHALL MEAN THE PROCESS
THROUGH WHICH A PARTICIPANT MAY AVOID A  PRO-RATA  REDUCTION  IN  PUBLIC
ASSISTANCE  BENEFITS BY AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
UAL'S ABILITY TO  PARTICIPATE  IN  WORK  ACTIVITIES,  BY  NOTIFYING  THE
DISTRICT  THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS
TITLE, OR BY RESOLVING THE REASONS FOR SUCH  FAILURE  OR  REFUSAL  AT  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04861-01-5
              

A. 4250                             2

CONCILIATION CONFERENCE.  THE NOTICE SHALL INDICATE THAT THE PARTICIPANT
HAS  TEN  DAYS  TO  REQUEST RE-ENGAGEMENT WITH THE DISTRICT.  THE NOTICE
SHALL INDICATE THE SPECIFIC INSTANCE OR INSTANCES OF WILLFUL REFUSAL  OR
FAILURE TO COMPLY WITHOUT GOOD CAUSE WITH THE REQUIREMENTS OF THIS TITLE
AND  THE  NECESSARY  ACTIONS  THAT  MUST  BE  TAKEN  TO AVOID A PRO-RATA
REDUCTION IN PUBLIC ASSISTANCE BENEFITS AND THE  DISTRICT  HAS  VERIFIED
THAT APPROPRIATE CHILD CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISA-
BILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL.
  (1)  IF  A PARTICIPANT CHOOSES TO AVOID A PRO-RATA REDUCTION IN PUBLIC
ASSISTANCE BENEFITS THROUGH A CONCILIATION CONFERENCE, IT  WILL  BE  THE
RESPONSIBILITY  OF  THE  PARTICIPANT TO GIVE REASONS FOR SUCH FAILURE OR
REFUSAL.  THE RE-ENGAGEMENT NOTICE SHALL ALSO INCLUDE 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 DOMESTIC 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.   UNLESS AS PART OF THE
RE-ENGAGEMENT PROCESS THE PARTICIPANT DOES NOT AGREE TO COMPLY, HAS  NOT
BECOME EXEMPT OR THE DISTRICT DETERMINES AS A RESULT OF THE CONCILIATION
CONFERENCE  THAT  SUCH  FAILURE  OR REFUSAL WAS WILLFUL AND WITHOUT GOOD
CAUSE, NO FURTHER ACTION SHALL BE TAKEN.
  (2) IF THE PARTICIPANT DOES NOT CONTACT THE DISTRICT WITHIN  TEN  DAYS
OF THE RE-ENGAGEMENT NOTICE, THE DISTRICT SHALL MAKE A FINDING OF WHETH-
ER THE ALLEGED FAILURE OR REFUSAL TO COMPLY WAS WILLFUL AND WITHOUT GOOD
CAUSE  AND SHALL CONSIDER ANY EVIDENCE IN THE POSSESSION OF THE DISTRICT
INDICATING THAT THE PARTICIPANT HAS GOOD CAUSE AND IF THE PARTICIPANT IS
OTHERWISE PARTICIPATING IN WORK ACTIVITIES, THERE SHALL BE NO FINDING OF
WILLFULNESS WITHOUT GOOD CAUSE BASED ON A SINGLE APPOINTMENT OR  INFRAC-
TION.
  (B)  IF THE DISTRICT DETERMINES THAT SUCH FAILURE OR REFUSAL WAS WILL-
FUL AND WITHOUT GOOD CAUSE, AND THAT THE INDIVIDUAL IS NOT  EXEMPT  FROM
THE  REQUIREMENTS  OF THIS TITLE, THE DISTRICT SHALL NOTIFY SUCH PARTIC-
IPANT IN WRITING, IN PLAIN LANGUAGE AND IN A MANNER  DISTINCT  FROM  ANY
PREVIOUS NOTICE, BY ISSUING TEN DAYS NOTICE OF ITS INTENT TO DISCONTINUE
OR  REDUCE  ASSISTANCE.  SUCH  NOTICE SHALL INCLUDE THE REASONS FOR SUCH
DETERMINATION, THE SPECIFIC INSTANCE OR INSTANCES OF WILLFUL REFUSAL  OR
FAILURE  TO  COMPLY  WITHOUT  GOOD  CAUSE  WITH THE REQUIREMENTS OF THIS
TITLE, SHALL VERIFY THAT  APPROPRIATE  CHILD  CARE,  TRANSPORTATION  AND
ACCOMMODATIONS  FOR DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE
OR REFUSAL, AND SPECIFY THE NECESSARY ACTIONS  THAT  MUST  BE  TAKEN  TO
AVOID  A  PRO-RATA  REDUCTION  IN  PUBLIC ASSISTANCE BENEFITS, INCLUDING
AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE  CONSISTENT  WITH
ANY  MEDICAL  CONDITION  WHICH  MAY  LIMIT  THE  INDIVIDUAL'S ABILITY TO
PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE DISTRICT THAT HE OR  SHE
HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND THE RIGHT TO A
FAIR HEARING RELATING TO SUCH DISCONTINUANCE OR REDUCTION.
  3.  (A)  THE  DEPARTMENT  SHALL ESTABLISH IN REGULATION A CONCILIATION
PROCEDURE FOR THE RESOLUTION OF  DISPUTES  RELATED  TO  AN  INDIVIDUAL'S
PARTICIPATION IN PROGRAMS PURSUANT TO THIS TITLE.
  (B)  THE  DISTRICT SHALL CONTRACT WITH AN INDEPENDENT ENTITY, APPROVED
BY THE DEPARTMENT, OR SHALL USE DESIGNATED TRAINED STAFF AT THE SUPERVI-
SORY LEVEL WHO HAVE NO DIRECT RESPONSIBILITY FOR THE PARTICIPANT'S  CASE
TO MEDIATE DISPUTES IN THE CONCILIATION CONFERENCE.
  (C) IF A PARTICIPANT'S DISPUTE CANNOT BE RESOLVED THROUGH SUCH CONCIL-
IATION  PROCEDURE,  AN OPPORTUNITY FOR A FAIR HEARING SHALL BE PROVIDED.

A. 4250                             3

NO SANCTION RELATING TO THE SUBJECT DISPUTE MAY BE  IMPOSED  DURING  THE
RE-ENGAGEMENT PROCESS.
  4.  WHEN  ANY  PARTICIPANT  REQUIRED TO PARTICIPATE IN WORK ACTIVITIES
FAILS TO COMPLY WITH THE PROVISIONS OF THIS TITLE, THE  SOCIAL  SERVICES
DISTRICT  SHALL  TAKE  SUCH ACTIONS AS PRESCRIBED BY APPROPRIATE FEDERAL
LAW AND REGULATION AND THIS TITLE.
  5.  CONSISTENT WITH FEDERAL LAW AND  THIS  TITLE,  A  SOCIAL  SERVICES
DISTRICT SHALL PROVIDE TO THOSE PARTICIPANTS WHOSE FAILURE TO COMPLY HAS
CONTINUED  FOR THIRTY DAYS OR LONGER A WRITTEN REMINDER OF THE OPTION TO
END A SANCTION BY TERMINATING THE FAILURE  TO  COMPLY  AS  SPECIFIED  IN
SUBDIVISION  TWO  OF  THIS  SECTION.  SUCH  NOTICE SHALL ADVISE THAT THE
PARTICIPANT MAY IMMEDIATELY TERMINATE THE SANCTION BY EITHER AGREEING TO
COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH  ANY  MEDICAL
CONDITION  WHICH  MAY  LIMIT  THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN
WORK ACTIVITIES OR NOTIFYING THE DISTRICT THAT  HE  OR  SHE  HAS  BECOME
EXEMPT FROM THE REQUIREMENTS OF THIS TITLE.
  6.    CONSISTENT  WITH  FEDERAL  LAW AND REGULATION AND THIS TITLE, NO
NOTICE SHALL BE ISSUED AS SPECIFIED IN SUBDIVISION TWO OF  THIS  SECTION
UNLESS IT HAS BEEN DETERMINED THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE
REQUIREMENTS  OF  THIS  TITLE  AND HAS DETERMINED THAT APPROPRIATE CHILD
CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE  AT
THE  TIME  OF SUCH FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF
THIS TITLE AND NO ACTION SHALL BE TAKEN PURSUANT  TO  THIS  SECTION  FOR
FAILURE  TO  PARTICIPATE  IN THE PROGRAM OR REFUSAL TO ACCEPT EMPLOYMENT
IF:
  (A) CHILD CARE FOR A CHILD UNDER AGE THIRTEEN (OR  DAY  CARE  FOR  ANY
INCAPACITATED  INDIVIDUAL  LIVING IN THE SAME HOME AS A DEPENDENT CHILD)
IS NECESSARY FOR AN INDIVIDUAL TO PARTICIPATE OR CONTINUE  PARTICIPATION
IN  ACTIVITIES PURSUANT TO THIS TITLE OR ACCEPT EMPLOYMENT AND SUCH CARE
IS NOT AVAILABLE AND THE SOCIAL SERVICES DISTRICT FAILS TO PROVIDE  SUCH
CARE;
  (B)  (1)  THE EMPLOYMENT WOULD RESULT IN THE FAMILY OF THE PARTICIPANT
EXPERIENCING A NET LOSS OF CASH INCOME; PROVIDED, HOWEVER, A PARTICIPANT
MAY NOT CLAIM GOOD CAUSE UNDER THIS PARAGRAPH  IF  THE  SOCIAL  SERVICES
DISTRICT  ASSURES THAT THE FAMILY WILL NOT EXPERIENCE A NET LOSS OF CASH
INCOME BY MAKING A SUPPLEMENTAL PAYMENT;
  (2) NET LOSS OF CASH INCOME RESULTS IF THE FAMILY'S GROSS INCOME  LESS
NECESSARY  WORK-RELATED  EXPENSES  IS  LESS THAN THE CASH ASSISTANCE THE
PARTICIPANT WAS RECEIVING AT THE TIME THE OFFER OF EMPLOYMENT  IS  MADE;
OR
  (C)  THE  PARTICIPANT  MEETS OTHER GROUNDS FOR GOOD CAUSE SET FORTH BY
THE DEPARTMENT IN ITS IMPLEMENTATION PLAN FOR THIS  TITLE  WHICH,  AT  A
MINIMUM, MUST DESCRIBE WHAT CIRCUMSTANCES BEYOND THE HOUSEHOLD'S CONTROL
WILL CONSTITUTE "GOOD CAUSE".
  S 2. Section 341 of the social services law is amended by adding a new
subdivision 7 to read as follows:
  7.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PERSONS WHO ARE
RESIDENTS OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE.
  S 3. The social services law is amended by adding a new section  342-a
to read as follows:
  S  342-A.  NONCOMPLIANCE  WITH THE REQUIREMENTS OF THIS TITLE.  1. THE
PROVISIONS OF THIS SECTION SHALL APPLY TO PERSONS WHO ARE RESIDENTS OF A
CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE.
  2. IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AN INDIVIDUAL WHO
IS REQUIRED TO PARTICIPATE IN WORK ACTIVITIES  SHALL  BE  INELIGIBLE  TO
RECEIVE  PUBLIC  ASSISTANCE  IF  HE OR SHE FAILS TO COMPLY, WITHOUT GOOD

A. 4250                             4

CAUSE, WITH THE REQUIREMENTS OF THIS TITLE AND THE DISTRICT  HAS  DETER-
MINED  THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI-
FIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR
DISABILITY  WERE  IN  PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. SUCH
INELIGIBILITY SHALL BE FOR THE  AMOUNT  AND  PERIOD  SPECIFIED  IN  THIS
SECTION.  GOOD CAUSE FOR FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE SHALL BE DEFINED IN  DEPARTMENT  REGULATIONS,  PROVIDED,  HOWEVER,
THAT THE PARENT OR CARETAKER RELATIVE OF A CHILD UNDER THIRTEEN YEARS OF
AGE SHALL NOT BE SUBJECT TO THE INELIGIBILITY PROVISIONS OF THIS SECTION
IF THE INDIVIDUAL CAN DEMONSTRATE, IN ACCORDANCE WITH THE REGULATIONS OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES, THAT LACK OF AVAILABLE CHILD
CARE  PREVENTS SUCH INDIVIDUAL FROM COMPLYING WITH THE WORK REQUIREMENTS
OF THIS TITLE. THE PARENT OR CARETAKER RELATIVE SHALL BE RESPONSIBLE FOR
LOCATING THE CHILD CARE NEEDED TO MEET THE WORK REQUIREMENTS;  PROVIDED,
HOWEVER,  THAT  THE  RELEVANT  SOCIAL  SERVICES DISTRICT SHALL PROVIDE A
PARENT OR CARETAKER RELATIVE WHO DEMONSTRATES  AN  INABILITY  TO  OBTAIN
NEEDED  CHILD CARE WITH A CHOICE OF TWO PROVIDERS, AT LEAST ONE OF WHICH
WILL BE A REGULATED PROVIDER.
  3. IN THE CASE OF AN APPLICANT FOR OR RECIPIENT OF  PUBLIC  ASSISTANCE
WHOM  THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF
THIS TITLE AND WHO IS A PARENT OR CARETAKER OF A  DEPENDENT  CHILD,  THE
PUBLIC ASSISTANCE BENEFITS OTHERWISE AVAILABLE TO THE HOUSEHOLD OF WHICH
SUCH INDIVIDUAL IS A MEMBER SHALL BE REDUCED PRO-RATA UNTIL THE INDIVID-
UAL  IS WILLING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT
WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S  ABILITY  TO
PARTICIPATE IN WORK ACTIVITIES.
  4. IN THE CASE OF AN INDIVIDUAL WHO IS A MEMBER OF A HOUSEHOLD WITHOUT
DEPENDENT  CHILDREN  WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM
THE REQUIREMENTS OF THIS TITLE AND WHO IS APPLYING FOR OR IN RECEIPT  OF
SAFETY  NET  ASSISTANCE, THE PUBLIC ASSISTANCE BENEFITS OTHERWISE AVAIL-
ABLE TO THE HOUSEHOLD OF WHICH SUCH INDIVIDUAL  IS  A  MEMBER  SHALL  BE
REDUCED  PRO-RATA  UNTIL  THE  FAILURE  OR  REFUSAL  TO  COMPLY WITH THE
REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL  CONDITION  WHICH
MAY  LIMIT  THE  INDIVIDUAL'S  ABILITY TO PARTICIPATE IN WORK ACTIVITIES
CEASES.
  5. A RECIPIENT OF PUBLIC ASSISTANCE WHOM THE DISTRICT  HAS  DETERMINED
IS  NOT  EXEMPT  FROM  THE  REQUIREMENTS  OF THIS TITLE AND WHO QUITS OR
REDUCES HIS HOURS OF EMPLOYMENT WITHOUT GOOD CAUSE OR DUE TO ANY MEDICAL
CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S  ABILITY  TO  PARTICIPATE  IN
WORK  ACTIVITIES  SHALL  BE CONSIDERED TO HAVE FAILED TO COMPLY WITH THE
REQUIREMENTS OF THIS ARTICLE AND SHALL BE SUBJECT TO THE  PROVISIONS  OF
THIS SECTION.
  6. A PERSON DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION
ONE  HUNDRED  FIFTY-NINE OF THIS CHAPTER MAY NOT BE SANCTIONED IF HIS OR
HER FAILURE TO COMPLY WITH REQUIREMENTS OF THIS TITLE IS RELATED TO  HIS
OR HER HEALTH STATUS.
  S 4. Section 342 of the social services law is amended by adding a new
subdivision 6 to read as follows:
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PERSONS  WHO  ARE
RESIDENTS OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE.
  S 5. This act shall take effect immediately.