S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3227
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of A. HUNTER, REYES -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in relation to conciliation and
   non-compliance  with  public  assistance  employment;  and  to  repeal
   certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 341 of the social services law is REPEALED.
   § 2. Section 341-a of the social services law, as added by chapter 562
 of the laws of 2015, is amended to read as follows:
   § [341-a] 341.  Re-engagement; conciliation; refusal  to  participate.
 1.  [The provisions of this section shall apply to persons who are resi-
 dents 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
 conciliation conference. The notice shall indicate that the  participant
 has  ten  days  to  request  re-engagement with the district. The notice
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04732-01-1

 A. 3227                             2
 
 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-en-
 gagement 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.]  2.  (a)  The  department shall establish in regulation a concil-
 iation procedure for the resolution of disputes related to  an  individ-
 ual'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.
 No sanction relating to the subject dispute may be  imposed  during  the
 re-engagement process.

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   [4.]  3.  When  any participant required to participate in work activ-
 ities 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.]  4. 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] ONE 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.]  5. Consistent with federal law and regulation and this title, no
 notice shall be issued as specified in subdivision  [two]  ONE  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 require-
 ments 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".
   § 3. Section 342 of the social services law is REPEALED.
   § 4. Section 342-a of the social services law, as added by chapter 562
 of the laws of 2015, is amended to read as follows:
   §  [342-a] 342.  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
 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

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 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.] 2. In the case of an applicant for or recipient of public assist-
 ance whom the district has determined is not exempt  from  the  require-
 ments  of  this  title  and  who is a parent or caretaker of a dependent
 child, the public assistance benefits otherwise available to the  house-
 hold  of  which  such  individual  is a member shall be reduced pro-rata
 until the individual is willing 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.
   [4.]  3.  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 other-
 wise available 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 activ-
 ities ceases.
   [5.] 4. A recipient of public assistance whom the district has  deter-
 mined is not exempt from the requirements of this title and who quits or
 reduces  his OR HER hours of employment without good cause or due to any
 medical condition which may limit the individual's  ability  to  partic-
 ipate  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.]  5.  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.
   § 5. 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 days of such notice. If such applicant timely requests a fair  hear-
 ing, no assignment to work activities pursuant to this title may be made
 pending such hearing and determination unless the applicant or recipient
 agrees  to  a  limited work assignment not inconsistent 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 limiting condition, the district
 shall provide the applicant or recipient with notice of potential  sanc-
 tions  pursuant  to  subdivision  [three]  TWO  of section three hundred

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 forty-two of this title, and provided further that  recipients  will  be
 subject  to  sanctions  pursuant  to  subdivision [three] TWO of section
 three hundred forty-two of this title if the district determines,  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.
   § 6. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.