S T A T E O F N E W Y O R K
________________________________________________________________________
4540--A
2021-2022 Regular Sessions
I N S E N A T E
February 5, 2021
___________
Introduced by Sens. RIVERA, HOYLMAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Social Services
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the social services law and the civil practice law and
rules, in relation to recovery of overpayment of certain assistance;
and to repeal certain provisions of the social services law related
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 104 of the social services law, subdivision 1 as
amended by chapter 573 of the laws of 1964, subdivision 2 as amended by
chapter 909 of the laws of 1974, subdivision 3 as added by chapter 433
of the laws of 1993 and subdivision 4 as added by chapter 340 of the
laws of 2003, is amended to read as follows:
§ 104. Recovery from a person discovered to have property. 1. FOR
PURPOSES OF THIS SECTION:
(A) "OVERPAYMENT" SHALL INCLUDE ERRONEOUS PAYMENTS MADE TO AN ELIGIBLE
PERSON IN EXCESS OF THE RECIPIENT'S NEEDS AS DEFINED IN THIS CHAPTER AND
ERRONEOUS PAYMENTS MADE TO INELIGIBLE PERSONS, INCLUDING BUT NOT LIMITED
TO, PAYMENTS MADE TO SUCH PERSONS PENDING A FAIR HEARING DECISION.
(B) "RECIPIENT" SHALL MEAN ANY INDIVIDUAL WHO IS CURRENTLY RECEIVING
OR AT ONE TIME RECEIVED ASSISTANCE OR CARE AS PURSUANT TO THE PROVISIONS
OF THIS TITLE.
2. A public welfare official may bring AN action or proceeding IN A
COURT OF COMPETENT JURISDICTION against a [person] RECIPIENT WHO IS
discovered to have real or personal property, WHICH RESULTED IN AN OVER-
PAYMENT TO THE RECIPIENT, or against the estate or the executors, admin-
istrators and successors in interest of a person who dies leaving real
or personal property, [if such person, or any one for whose support he
is or was liable, received assistance and care during the preceding ten
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09184-02-1
S. 4540--A 2
years, and] AND THERE HAS BEEN AN OVERPAYMENT TO THE RECIPIENT. THE
PUBLIC WELFARE OFFICIAL shall be entitled to recover up to the value of
such property WHICH CAUSE THE ASSISTANCE OR CARE TO CONSTITUTE AN OVER-
PAYMENT TO THE RECIPIENT OR the cost of such assistance or care, WHICH-
EVER IS LOWER. [Any public assistance or care received by such person
shall constitute an implied contract. No claim of a public welfare offi-
cial against the estate or the executors, administrators and successors
in interest of a person who dies leaving real or personal property,
shall be barred or defeated, in whole or in part, by any lack of suffi-
ciency of ability on the part of such person during the period assist-
ance and care were received.
Nor shall the claim asserted by a public welfare official against any
person under this section be impaired, impeded, barred or defeated, in
whole or in part, on the grounds that another person or persons may also
have been liable to contribute.]
In all claims of the public welfare official made under this section
the public welfare official shall be deemed a preferred creditor.
[2. No] 3. THE PUBLIC WELFARE OFFICIAL SHALL NOT BRING AN ACTION OR
PROCEEDING UNDER THIS SECTION IF EXCESS PAYMENTS OR PAYMENTS MADE TO THE
PERSON WERE MADE DUE TO AGENCY OR CONTRACTOR ERROR, INCLUDING BUT NOT
LIMITED TO AN ERROR MADE BY A FACILITATED ENROLLER.
4. IN AN ACTION OR PROCEEDING UNDER THIS SECTION, THE COMPLAINT SHALL
BE ACCOMPANIED BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR THE PUBLIC
WELFARE OFFICIAL, DECLARING THE FOLLOWING:
(A) THE ATTORNEY HAS REVIEWED THE FACTS OF THE CASE AND HAS CONCLUDED
THAT THERE IS A REASONABLE BASIS FOR THE ACTION OR PROCEEDING;
(B) CERTIFICATION THAT THE CONTINUOUS COVERAGE PROTECTIONS UNDER PARA-
GRAPH (C) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-SIX OF THIS
CHAPTER DO NOT APPLY TO THE RECIPIENT;
(C) THE SPECIFIC ELIGIBILITY CRITERIA UNDER WHICH THE RECIPIENT WAS
ALLEGEDLY INELIGIBLE FOR BENEFITS; THE BUDGETING METHODOLOGY THAT WAS
APPLIED IN MAKING THE DETERMINATION THAT THE RECIPIENT WAS INELIGIBLE
FOR BENEFITS, INCLUDING THE APPLICABLE RESOURCE OR INCOME LIMIT FOR THE
RECIPIENT'S HOUSEHOLD COMPOSITION DURING THE CLAIM PERIOD, AND THE
RECIPIENT'S APPLICABLE RESOURCES AND INCOME DURING THE CLAIM PERIOD; THE
TIME PERIOD DURING WHICH THE RECIPIENT WAS ALLEGEDLY INELIGIBLE; THE
VALUE OF THE REAL OR PERSONAL PROPERTY WHICH RESULTED IN AN OVERPAYMENT;
AND THE AMOUNT OF RECOVERY SOUGHT; AND
(D) THE ACTION OR PROCEEDING IS SUPPORTED BY EXHIBITS INCLUDING AN
ACCOUNTING OF THE RECOVERY SOUGHT AND ALL EXPENDITURES OF ASSISTANCE OR
CARE MADE ON BEHALF OF THE RECIPIENT DURING THE PERIOD OF ALLEGED INEL-
IGIBILITY.
5. THERE SHALL BE NO right of action [shall accrue against] TO RECOVER
AN ALLEGED OVERPAYMENT FOR ASSISTANCE OR CARE RECEIVED BY a person under
twenty-one years of age [by reason of the assistance or care granted to
him unless at the time it was granted the person was possessed of money
and property in excess of his reasonable requirements, taking into
account his maintenance, education, medical care and any other factors
applicable to his condition].
[3.] 6. To the extent described in section 7-1.12 of the estates,
powers and trusts law, the trustee of a supplemental needs trust which
conforms to the provisions of such section 7-1.12 shall not be deemed to
be holding assets for the benefit of a beneficiary who may otherwise be
the subject of a claim under this section and no action OR PROCEEDING
may be brought against either the trust or the trustee to recover the
S. 4540--A 3
cost of assistance or care provided to such person, or anyone for whose
support such person is or was liable.
[4.] 7. Any inconsistent provision of this chapter or of any other law
notwithstanding, a social services official may not assert any claim
under any provision of this chapter to recover payments of public
assistance if such payments were reimbursed by child support
collections.
8. THERE SHALL BE NO RIGHT OF ACTION AGAINST A RECIPIENT WHO LOSES
MEDICAL ASSISTANCE ELIGIBILITY BY REASON OF EXCESS RESOURCES OR INCOME
BECAUSE THE RECIPIENT'S MEDICAL ASSISTANCE ELIGIBILITY GROUP, AS DETER-
MINED UNDER SECTION THREE HUNDRED SIXTY-SIX OF THIS CHAPTER, CHANGED
FROM MAGI, AS DEFINED IN SECTION THREE HUNDRED SIXTY-SIX OF THIS CHAP-
TER, TO NON-MAGI, FOR THE TWO YEARS SUBSEQUENT TO THEIR ELIGIBILITY
CHANGE. A RIGHT OF ACTION AGAINST SUCH A RECIPIENT BEGINS TO ACCRUE
ONLY IF THE RECIPIENT REMAINS INELIGIBLE FOR MEDICAL ASSISTANCE AFTER
THE TWO-YEAR GRACE PERIOD.
9. THE PUBLIC WELFARE OFFICIAL SHALL NOT USE CONFESSION OF JUDGMENT TO
RECOVER AN OVERPAYMENT OF PUBLIC ASSISTANCE OR CARE, OR SUPPLEMENTAL
NUTRITION ASSISTANCE BENEFITS.
10. ANY ACTION OR PROCEEDING TO RECOVER AN OVERPAYMENT UNDER THIS
SECTION SHALL BE WAIVED IN CASES OF UNDUE HARDSHIP IN WHICH A RECIPI-
ENT'S ADJUSTED GROSS INCOME FOR THE APPLICABLE HOUSEHOLD SIZE IS TWO
HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE OR LOWER AND IN CASES
OF OTHER EXTENUATING CIRCUMSTANCES AS DETERMINED BY THE PUBLIC WELFARE
OFFICIAL.
11. ANY ACTION OR PROCEEDING UNDER THIS SECTION SHALL BE COMMENCED
WITHIN TWO YEARS FROM PAYMENT FOR ASSISTANCE OR CARE. NO DETERMINATION
OF A DEBT OR AWARD OF DEBT SHALL BE BASED UPON PAYMENT FOR ASSISTANCE OR
CARE THAT OCCURRED MORE THAN TWO YEARS BEFORE THE ACTION OR PROCEEDING
IS COMMENCED.
12. THE RATE OF INTEREST FOR A JUDGMENT OBTAINED PURSUANT TO THIS
SECTION SHALL BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL
RATE. FOR THE PURPOSE OF THIS SECTION, THE "ONE-YEAR UNITED STATES
TREASURY BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURI-
TY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL
RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY
OF THE JUDGMENT AWARDING DAMAGES.
13. THERE SHALL BE NO RIGHT OF ACTION AGAINST A RECIPIENT WHOSE
MEDICAL ASSISTANCE ELIGIBILITY WAS GRANTED OR EXTENDED DURING THE PERIOD
OF THE COVID-19 PUBLIC HEALTH EMERGENCY, DEFINED FOR THE PURPOSES OF
THIS SECTION AS MARCH EIGHTEENTH, TWO THOUSAND TWENTY THROUGH THE END OF
THE QUARTER WHEN SUCH PUBLIC HEALTH EMERGENCY ENDS.
14. ALL SETTLEMENT AND PAYMENT AGREEMENTS UNDER THIS SECTION IN WHICH
THE RECIPIENT HAS PAID FIFTY PERCENT OR MORE OF THE DEBT BY THE END OF
THE COVID-19 PUBLIC HEALTH EMERGENCY ARE HEREBY DEEMED PAID IN FULL.
15. IF A RECIPIENT SUBJECT TO A SETTLEMENT OR PAYMENT AGREEMENT UNDER
THIS SECTION HAS NOT PAID FIFTY PERCENT OR MORE OF THE DEBT BY THE END
OF THE COVID-19 PUBLIC HEALTH EMERGENCY, THE RECIPIENT MAY SUBMIT
EVIDENCE OF UNDUE HARDSHIP AND RECEIVE WAIVER OF THE REMAINING DEBT
UNDER SUBDIVISION TEN OF THIS SECTION OR AN APPROPRIATE REDUCTION OF
DEBT BASED ON HARDSHIP. NOTICE REGARDING THE OPPORTUNITY FOR THE WAIVER
SHALL BE PROVIDED BY THE PUBLIC WELFARE OFFICIAL.
§ 2. Subdivision 7 of section 158 of the social services law is
REPEALED.
§ 3. The civil practice law and rules is amended by adding a new
section 3012-c to read as follows:
S. 4540--A 4
§ 3012-C. CERTIFICATE OF MERIT IN CERTAIN OVERPAYMENT OF ASSISTANCE
ACTIONS. IN ANY ACTION OR PROCEEDING FOR RECOVERY OF AN OVERPAYMENT OF
ASSISTANCE OR CARE, AS DEFINED IN SECTION ONE HUNDRED FOUR OF THE SOCIAL
SERVICES LAW, THE COMPLAINT SHALL BE ACCOMPANIED BY A CERTIFICATE,
SIGNED BY THE ATTORNEY FOR THE PUBLIC WELFARE OFFICIAL, MEETING ALL THE
REQUIREMENTS OF SECTION ONE HUNDRED FOUR OF THE SOCIAL SERVICES LAW.
§ 4. The civil practice law and rules is amended by adding a new
section 3202 to read as follows:
§ 3202. CONFESSION OF JUDGMENT FOR RECOVERY OF OVERPAYMENT OF CERTAIN
ASSISTANCE INVALID. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-TWO
HUNDRED EIGHTEEN OF THIS ARTICLE, NO JUDGMENT BY CONFESSION SHALL BE
ENTERED TO RECOVER AN OVERPAYMENT, AS DEFINED IN SECTION ONE HUNDRED
FOUR OF THE SOCIAL SERVICES LAW. ANY JUDGMENT ENTERED IN VIOLATION OF
THIS SECTION IS VOID AND UNENFORCEABLE.
§ 5. The civil practice law and rules is amended by adding a new
section 213-e to read as follows:
§ 213-E. ACTIONS TO BE COMMENCED WITHIN TWO YEARS; ACTIONS TO RECOVER
CERTAIN OVERPAYMENTS. AN ACTION OR PROCEEDING ON AN OVERPAYMENT BY A
PUBLIC WELFARE OFFICIAL UNDER SECTION ONE HUNDRED FOUR OF THE SOCIAL
SERVICES LAW SHALL BE COMMENCED WITHIN TWO YEARS FROM PAYMENT FOR
ASSISTANCE OR CARE, AND NO DETERMINATION OF A DEBT OR AWARD OF DEBT
SHALL BE BASED UPON PAYMENT FOR ASSISTANCE OR CARE THAT OCCURRED MORE
THAN TWO YEARS BEFORE THE ACTION OR PROCEEDING IS COMMENCED.
§ 6. Section 106-b of the social services law, as amended by chapter
81 of the laws of 1995, is amended to read as follows:
§ 106-b. Adjustment for incorrect payments. 1. FOR PURPOSES OF THIS
SECTION:
(A) "OVERPAYMENT" SHALL INCLUDE ERRONEOUS PAYMENTS MADE TO AN ELIGIBLE
PERSON IN EXCESS OF THE RECIPIENT'S NEEDS AS DEFINED IN THIS CHAPTER AND
ERRONEOUS PAYMENTS MADE TO INELIGIBLE PERSONS, INCLUDING BUT NOT LIMITED
TO, PAYMENTS MADE TO THOSE PERSONS PENDING A FAIR HEARING DECISION.
(B) "RECIPIENT" SHALL MEAN ANY INDIVIDUAL WHO IS CURRENTLY RECEIVING
OR AT ONE TIME RECEIVED ASSISTANCE OR CARE UNDER THIS TITLE.
2. Any inconsistent provision of law notwithstanding, a social
services official shall, in accordance with the regulations of the
department and consistent with federal law and regulations, take all
necessary steps to correct any overpayment or underpayment to a public
assistance recipient[; provided, however,]. HOWEVER:
(A) A SOCIAL SERVICES OFFICIAL SHALL NOT BRING AN ACTION OR PROCEEDING
UNDER THIS SECTION:
(I) IF EXCESS PAYMENTS OR PAYMENTS MADE TO AN INELIGIBLE PERSON WERE
MADE DUE TO AGENCY OR CONTRACTOR ERROR, INCLUDING BUT NOT LIMITED TO AN
ERROR MADE BY A FACILITATED ENROLLER; OR
(II) TO RECOVER AN OVERPAYMENT UNDER THIS SECTION FOR ASSISTANCE OR
CARE RECEIVED BY A PERSON UNDER TWENTY-ONE YEARS OF AGE.
(B) [that a] A social services official [may] SHALL waive recovery of
a past overpayment, in the case of an individual who is not currently a
recipient of public assistance, where the cost of recovery is greater
than the cost of collections as determined in accordance with department
regulations consistent with federal law and regulations. [For purposes
of this section, overpayment shall include payments made to an eligible
person in excess of his needs as defined in this chapter and payments
made to ineligible persons (including payments made to such persons
pending a fair hearings decision). The commissioner shall promulgate
regulations to implement procedures for correcting overpayments and
underpayments. The]
S. 4540--A 5
(C) IN ANY ACTION OR PROCEEDING TO RECOVER AN OVERPAYMENT UNDER THIS
SECTION, THE SOCIAL SERVICES OFFICIAL SHALL BE ENTITLED TO RECOVER NO
MORE THAN THE VALUE OF THE PROPERTY WHICH RESULTED IN AN OVERPAYMENT TO
THE RECIPIENT OR THE COST OF THE ASSISTANCE OR CARE, WHICHEVER IS LOWER.
(D) ANY ACTION OR PROCEEDING TO RECOVER AN OVERPAYMENT UNDER THIS
SECTION SHALL BE WAIVED IN CASES OF UNDUE HARDSHIP IN WHICH A RECIPI-
ENT'S ADJUSTED GROSS INCOME FOR THE APPLICABLE HOUSEHOLD SIZE IS TWO
HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE OR LOWER AND IN CASES
OF OTHER EXTENUATING CIRCUMSTANCES AS DETERMINED BY THE SOCIAL SERVICES
OFFICIAL.
3. THE procedures for correcting overpayments shall be designed to AND
SHALL minimize adverse impact on the recipient, and to the extent possi-
ble avoid undue hardship. [Notwithstanding any other provision of law
to the contrary, no underpayment shall be corrected with respect to a
person who is currently not eligible for or in receipt of home relief or
aid to dependent children, except that corrective payments may be made
with respect to persons formerly eligible for or in receipt of aid to
dependent children to the extent that federal law and regulations
require.]
4. A SOCIAL SERVICES OFFICIAL SHALL FOLLOW THE FOLLOWING PROCEDURES
WHEN CORRECTING ANY OVERPAYMENT OR UNDERPAYMENT TO A PUBLIC ASSISTANCE
RECIPIENT UNDER THIS SECTION:
(A) WHEN DETERMINING WHETHER A RECIPIENT MAY BE LIABLE FOR AN OVERPAY-
MENT, THE MOST FAVORABLE BUDGETING UNDER THE APPLICABLE LAW AND RULES
SHALL BE USED TO DETERMINE ELIGIBILITY FOR ASSISTANCE OR CARE.
(B) AFTER IDENTIFICATION AND VERIFICATION OF AN OVERPAYMENT, AND PRIOR
TO MEETING WITH THE RECIPIENT UNDER INVESTIGATION, A WRITTEN NOTICE
CONTAINING THE FOLLOWING INFORMATION SHALL BE MAILED TO THE RECIPIENT:
(I) A STATEMENT OF THE SPECIFIC ELIGIBILITY CRITERIA UNDER WHICH THE
RECIPIENT WAS ALLEGEDLY INELIGIBLE FOR BENEFITS;
(II) THE BUDGETING METHODOLOGY, UNDER THE APPLICABLE LAW AND RULES,
APPLIED IN MAKING THE DECISION TO PURSUE RECOVERY OF AN ALLEGED OVERPAY-
MENT;
(III) THE TIME PERIOD DURING WHICH THE RECIPIENT WAS ALLEGEDLY INELI-
GIBLE;
(IV) THE VALUE OF THE REAL OR PERSONAL PROPERTY THAT RESULTED IN AN
OVERPAYMENT;
(V) THE AMOUNT OF RECOVERY SOUGHT, INCLUDING AN ACCOUNTING OF THE
RECOVERY SOUGHT AND ALL EXPENDITURES OF ASSISTANCE OR CARE MADE ON
BEHALF OF THE RECIPIENT DURING THE PERIOD OF INELIGIBILITY;
(VI) AN EXPLANATION OF THE RECIPIENT'S RIGHTS TO BRING COUNSEL OR ANY
OTHER PERSON TO ANY MEETING WITH SOCIAL SERVICES OFFICIALS AND TO LEAVE
ANY MEETING WITH SOCIAL SERVICES OFFICIALS AT ANY TIME; AND
(VII) AN EXPLANATION OF THE RECIPIENT'S RIGHT TO CHALLENGE LIABILITY
FOR AN OVERPAYMENT BY ESTABLISHING ELIGIBILITY FOR ASSISTANCE OR CARE
USING THE MOST FAVORABLE BUDGETING UNDER THE APPLICABLE LAW AND RULES.
(C) NO DOCUMENTS MAY BE REQUESTED FROM RECIPIENTS DURING AN INVESTI-
GATION OF AN ALLEGED OVERPAYMENT UNLESS IT IS DIRECTLY RELEVANT TO THE
ELIGIBILITY FACTORS AND TIME PERIODS FOR WHICH THE SOCIAL SERVICES OFFI-
CIAL HAS A GOOD FAITH BASIS TO BELIEVE THE RECIPIENT WAS INELIGIBLE. THE
RECIPIENT SHALL BE GIVEN A REASONABLE AMOUNT OF TIME TO RESPOND TO DOCU-
MENT REQUESTS AND MEETING REQUESTS, TAKING INTO ACCOUNT TIME PERIODS
NECESSARY FOR THIRD PARTIES TO PROVIDE DOCUMENTS.
(D) IN THE CASE OF AN ALLEGED MEDICAL ASSISTANCE OVERPAYMENT,
DISTRICTS SHALL CONTACT RECIPIENT'S MANAGED CARE PLANS TO ASCERTAIN
S. 4540--A 6
WHETHER THE RECIPIENT ACCESSED SERVICES DURING THE TIME PERIOD WHEN
RECOVERY IS BEING CONTEMPLATED.
5. NO SETTLEMENT AGREEMENT OR PAYMENT PLAN TO RECOVER AN OVERPAYMENT
SHALL BE EFFECTIVE UNLESS A SOCIAL SERVICES OFFICIAL WITH PERSONAL KNOW-
LEDGE OF THE CLAIMS PRODUCES AN AFFIDAVIT ATTESTING TO THE VALIDITY OF
THE CLAIMS AGAINST THE RECIPIENT, INCLUDING BUT NOT LIMITED TO AN ATTES-
TATION THAT THE SOCIAL SERVICES OFFICIAL HAS DETERMINED THAT THE CONTIN-
UOUS COVERAGE PROTECTIONS PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR
OF SECTION THREE HUNDRED SIXTY-SIX OF THIS CHAPTER DO NOT APPLY TO THE
RECIPIENT. THE ATTESTATION MUST ALSO STATE THE SPECIFIC ELIGIBILITY
CRITERIA UNDER TO WHICH THE RECIPIENT WAS ALLEGEDLY INELIGIBLE FOR BENE-
FITS; THE BUDGETING METHODOLOGY UNDER THE APPLICABLE LAWS AND RULES THAT
WAS APPLIED IN MAKING THE DETERMINATION THAT THE RECIPIENT WAS INELIGI-
BLE FOR BENEFITS, INCLUDING THE APPLICABLE RESOURCE OR INCOME LIMITS FOR
THE RECIPIENT'S HOUSEHOLD COMPOSITION DURING THE CLAIM PERIOD, AND THE
RECIPIENT'S APPLICABLE RESOURCES AND INCOME DURING THE CLAIM PERIOD; THE
TIME PERIOD DURING WHICH THE RECIPIENT WAS ALLEGEDLY INELIGIBLE; THE
VALUE OF THE REAL OR PERSONAL PROPERTY WHICH RESULTED IN AN OVERPAYMENT;
AND THE AMOUNT OF RECOVERY SOUGHT. THE AFFIDAVIT SHALL BE SUPPORTED BY
EXHIBITS INCLUDING AN ACCOUNTING OF THE RECOVERY SOUGHT AND ALL EXPENDI-
TURES OF ASSISTANCE OR CARE MADE ON BEHALF OF THE RECIPIENT DURING THE
PERIOD OF INELIGIBILITY.
6. THE SOCIAL SERVICES OFFICIAL SHALL NOT USE A CONFESSION OF JUDGMENT
TO RECOVER AN OVERPAYMENT.
7. THERE SHALL BE NO ACTION OR PROCEEDING TO RECOVER AN OVERPAYMENT
UNDER THIS SECTION FOR MEDICAL ASSISTANCE BENEFITS AGAINST A RECIPIENT
WHOSE MEDICAL ASSISTANCE ELIGIBILITY WAS GRANTED OR EXTENDED DURING THE
PERIOD OF THE COVID-19 PUBLIC HEALTH EMERGENCY, TO BE DEFINED AS MARCH
EIGHTEENTH, TWO THOUSAND TWENTY THROUGH THE END OF THE QUARTER WHEN SUCH
PUBLIC HEALTH EMERGENCY ENDS.
8. ALL SETTLEMENT AGREEMENTS AND PAYMENT PLANS OBTAINED UNDER THIS
SECTION IN WHICH THE RECIPIENT HAS PAID FIFTY PERCENT OR MORE OF THE
DEBT BY THE END OF THE COVID-19 PUBLIC HEALTH EMERGENCY ARE HEREBY
CONSIDERED PAID IN FULL.
9. IF A RECIPIENT SUBJECT TO A SETTLEMENT AGREEMENT OR PAYMENT PLAN
UNDER THIS SECTION HAS NOT PAID FIFTY PERCENT OR MORE OF THE DEBT BY THE
END OF THE COVID-19 PUBLIC HEALTH EMERGENCY, THE RECIPIENT SHALL BE
ALLOWED TO SUBMIT EVIDENCE OF UNDUE HARDSHIP FOR WAIVER OF THE REMAINING
DEBT UNDER PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION OR AN APPRO-
PRIATE REDUCTION OF DEBT BASED ON HARDSHIP. NOTICE REGARDING THE OPPOR-
TUNITY FOR SUCH A WAIVER SHALL BE PROVIDED BY THE SOCIAL SERVICES OFFI-
CIAL.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to any claim, matter, or
administrative or legal action or proceeding pending at or after that
time. The commissioner of health, the commissioner of the office of
temporary and disability assistance, and local social services officials
shall make regulations and take other actions reasonably necessary to
implement this act on that date.
