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This entry was published on 2021-10-15
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SECTION 134-A
Conduct of investigation
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 1
§ 134-a. Conduct of investigation. 1. In accordance with regulations
of the department of family assistance, any investigation or
reinvestigation of eligibility for public assistance and care, other
than medical assistance, shall be limited to those factors reasonably
necessary to insure that expenditures shall be in accord with applicable
provisions of this chapter and the regulations of the department and
shall be conducted in such manner so as not to violate any civil right
of the applicant or recipient. Such regulations of the department shall
provide that where inconsistencies and gaps in the information presented
by a recipient or where other circumstances in the particular case would
indicate to a prudent person, that further inquiry should be made,
additional necessary information is to be sought except further that the
department shall provide by regulations which are consistent with
federal law for matching of data supplied by or about recipients with
information contained in the wage reporting system established pursuant
to section one hundred seventy-one-a of the tax law and similar systems
in other geographically contiguous states, and such regulations shall
further provide to the extent mandated by federal law for matching with
the non-wage income file maintained by the United States internal
revenue service, with the benefits and earnings data exchange maintained
by the United States department of health and human services, and with
the unemployment insurance benefits file. In making such investigation
or reinvestigation, sources of information, other than records
maintained by a public agency, shall be consulted only with the
permission of the applicant or recipient. However, if such permission is
not granted by the applicant or recipient, the appropriate social
services official may deny, suspend or discontinue public assistance or
care until such time as he may be satisfied that such applicant or
recipient is eligible therefor. Nothing in this section shall be
construed to prohibit activities the department reasonably believes
necessary to conform with Federal requirements under section one
thousand one hundred thirty-seven of the social security act. The
activities authorized by this section may be initiated only with regard
to those clients who have been given appropriate notice of verification
activity under article six-A of the public officers law.

2. At the time he applies for public assistance and care, an applicant
shall, as a condition of receiving such aid, present proof of his
identity to the social services official as the department may by
regulation require, and he shall provide such proof thereafter whenever
required by such official.

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 at the request of
the applicant or recipient.

4. Notwithstanding any other provisions of this chapter, the
department may provide for a comparison of information identifying a
recipient of benefits under any program authorized under this chapter
with identifying information possessed by state agencies in other states
administering programs similar to those authorized by this chapter
regarding recipients of such programs. Such a comparison shall be
authorized only with regard to clients who have received appropriate
notice under the personal privacy protection law, which notice shall be
deemed compliance with the provisions of subdivision one of this
section. Should the comparison of identifying information indicate that
the client in question is or has been simultaneously receiving benefits
in both states, the department may, in its discretion, authorize
exchange of income, benefit, and other case information with the state
agency of the other state.

5. The social services official upon receipt of information concerning
a sentence of imprisonment imposed upon a person receiving public
assistance shall make a reinvestigation of eligibility.