S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2717
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. HEVESI, GLICK, PEOPLES-STOKES, O'DONNELL, JAFFEE
   -- Multi-Sponsored by -- M. of A. COLTON, DINOWITZ, GALEF,  GOTTFRIED,
   LAVINE,  RIVERA  --  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-
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01059-01-9
              

 A. 2717                             2
 
 activities,  and that the individual intentionally misrepresented his or
 her medical condition.
   § 2. This act shall take effect immediately.