S T A T E O F N E W Y O R K
________________________________________________________________________
7726
2021-2022 Regular Sessions
I N A S S E M B L Y
May 20, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to allowing persons
applying for or receiving public assistance to be interviewed by phone
or other digital means; and to amend a chapter of the laws of 2021
amending the social services law relating to allowing persons applying
for or receiving public assistance to be interviewed by phone, as
proposed in legislative bills numbers S.3223-A and A.5414, in relation
to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 4 of section 132 of
the social services law, as amended by a chapter of the laws of 2021
amending the social services law relating to allowing persons applying
for or receiving public assistance to be interviewed by phone, as
proposed in legislative bills numbers S.3223-A and A.5414, are amended
to read as follows:
(a) Investigation into the cause of the condition of a head of house-
hold or of any adult applicant or recipient and the treatment which will
be helpful to such person shall include a screening for alcohol and/or
substance abuse using a standardized screening instrument to be devel-
oped by the office of addiction services and supports in consultation
with the department. Such screening shall be performed by a social
services district at the time of application and periodically thereafter
but not more frequently than every six months, unless the district has
reason to believe that an applicant or recipient is abusing or dependent
on alcohol or drugs, in accordance with regulations promulgated by the
department. Such screening may be conducted by telephone OR OTHER
DIGITAL MEANS at the [social services district's option] REQUEST OF THE
APPLICANT OR RECIPIENT.
(b) When the screening process indicates that there is reason to
believe that an applicant or recipient is abusing or dependent on alco-
hol or drugs, the social services district shall require a formal alco-
hol or substance abuse assessment, which may include drug testing, to be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06833-05-1
A. 7726 2
performed by an alcohol and/or substance abuse professional credentialed
by the office of addiction services and supports. The assessment may be
performed directly by the district or pursuant to contract with the
district. Such assessment may be conducted by telephone OR OTHER DIGITAL
MEANS at the [social services district's option] REQUEST OF THE APPLI-
CANT OR RECIPIENT.
§ 2. Subdivision 3 of section 134-a of the social services law, as
amended by a chapter of the laws of 2021 amending the social services
law relating to allowing persons applying for or receiving public
assistance to be interviewed by phone, as proposed in legislative bills
numbers S.3223-A and A.5414, is amended to read as follows:
3. The social services official shall require that persons applying
for or receiving public assistance and care be interviewed personally at
a time and in a manner provided by the regulations of the department,
and THE SOCIAL SERVICES OFFICIAL MAY PROVIDE THE OPTION OF A PHONE
INTERVIEW OR OTHER DIGITAL MEANS FOR such interview [may be a phone
interview] at the [social services official's option. Applicants or
recipients shall be excused from such requirements to avoid hardship, as
defined by regulations of the department. Hardship shall include but not
be limited to circumstances including infirmity, serious illness or
physical disability] REQUEST OF THE APPLICANT OR RECIPIENT.
§ 3. Subdivision 2 of section 349-a of the social services law, as
amended by a chapter of the laws of 2021 amending the social services
law relating to allowing persons applying for or receiving public
assistance to be interviewed by phone, as proposed in legislative bills
numbers S.3223-A and A.5414, is amended to read as follows:
2. Such inquiry shall be performed utilizing a universal screening
form to be developed by the department after consultation with the
office for the prevention of domestic violence and statewide domestic
violence advocacy groups. Such screening may be conducted by telephone
OR OTHER DIGITAL MEANS at the [social services district's option]
REQUEST OF THE APPLICANT OR RECIPIENT. An individual may request such
screening at any time, and any individual who at any time self identi-
fies as a victim of domestic violence shall be afforded the opportunity
for such screening.
§ 4. Section 4 of a chapter of the laws of 2021 amending the social
services law relating to allowing persons applying for or receiving
public assistance to be interviewed by phone, as proposed in legislative
bills numbers S.3223-A and A.5414, is amended to read as follows:
§ 4. This act shall take effect [immediately] ON THE ONE HUNDRED TWEN-
TIETH DAY AFTER IT SHALL HAVE BECOME A LAW. EFFECTIVE IMMEDIATELY THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, IN CONSULTATION WITH THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AS WELL AS ANY OTHER
PUBLIC OR PRIVATE AGENCY, SHALL UNDERTAKE AND COMPLETE ON OR BEFORE SUCH
EFFECTIVE DATE SUCH MEASURES AS MAY BE NECESSARY AND APPROPRIATE TO
DEVELOP THE NECESSARY PROTOCOLS WITH RESPECT TO TELEPHONIC SCREENINGS,
ASSESSMENTS AND APPLICATIONS FOR PUBLIC ASSISTANCE.
§ 5. This act shall take effect immediately; provided however, that
sections one, two and three of this act shall take effect on the same
date and in the same manner as a chapter of the laws of 2021 amending
the social services law relating to allowing persons applying for or
receiving public assistance to be interviewed by phone, as proposed in
legislative bills numbers S.3223-A and A.5414, takes effect.