Legislation
SECTION 211
Agreements for federal administration
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 6
§ 211. Agreements for federal administration. 1. The department is
hereby authorized, on behalf of the state, to enter into an agreement
with the secretary of the federal department of health, education and
welfare whereby the secretary agrees to administer the state's program
of additional state payments, including determining the eligibility of
individuals and couples for such payments.
2. Any such agreement may authorize the secretary to make additional
state payments on behalf of the state to persons found eligible for such
payments pursuant to the provisions of this title, in amounts authorized
by the provisions of this title, and shall contain conditions of
eligibility for such additional state payments, including the
requirement of current residence and amounts of earned or unearned
income to be disregarded in determining eligibility, in accordance with
the provisions of this title, regulations of the department and federal
law and regulations.
3. Any such agreement shall provide that the state will pay to the
secretary: (a) the amount the secretary expends for additional state
payments without regard to the secretary's cost of administering such
payments, which amount shall not exceed the amount of expenditures made
by the state and by social services districts for aid to aged, blind and
disabled persons during the calendar year nineteen hundred seventy-two,
less any federal funds properly received on account thereof; and (b) the
amount the secretary expends for additional state payments for any
individual which are in excess of the difference between the adjusted
payment level under the state's program of old age assistance,
assistance to the blind or aid to the disabled in January, nineteen
hundred seventy-two and the amount of such individual's supplemental
security income benefit. For purposes of this subdivision, "adjusted
payment level" shall mean the amount of the cash grant under the
appropriate state program of old age assistance, assistance to the
blind, aid to the disabled or the combined program of aid to aged, blind
and disabled persons, to individuals receiving grants under any such
program, who had no other income, for the month of January, nineteen
hundred seventy-two, plus an amount not greater than the bonus value of
food stamps allotted to such individuals in such month, so long as
federal law and regulations permit the inclusion of such amount.
4. The department is authorized on behalf of the state, with the
approval of the director of the budget, to agree to modification of the
agreement, or to terminate the agreement, if it is fiscally advantageous
to the state to so act. Any modification of the agreement which is
contrary to the provisions of this title shall be effective only until
the first day of July of the year next succeeding the year in which such
modification is to take effect, unless the substance of such
modification is enacted into law prior to such date. For the purposes
of section one hundred one-a of the executive law, any such modification
or termination of the agreement shall be considered the adoption of a
rule, as defined in such section.
5. The department is authorized, on behalf of the state, to enter into
an agreement with the secretary of the federal department of health and
human services for the purpose of obtaining reimbursement for safety net
assistance or any other payments made from state or local funds
furnished for basic needs for any month to or on behalf of persons who
subsequently are determined eligible to receive supplemental security
income payments for such month. Notwithstanding any law to the contrary,
the department is authorized to condition eligibility for any program
providing such payments upon the individual's execution of a written
authorization allowing the secretary of the federal department of health
and human services to pay to the social services district the amount of
supplemental security income due at the time the individual becomes
eligible.
hereby authorized, on behalf of the state, to enter into an agreement
with the secretary of the federal department of health, education and
welfare whereby the secretary agrees to administer the state's program
of additional state payments, including determining the eligibility of
individuals and couples for such payments.
2. Any such agreement may authorize the secretary to make additional
state payments on behalf of the state to persons found eligible for such
payments pursuant to the provisions of this title, in amounts authorized
by the provisions of this title, and shall contain conditions of
eligibility for such additional state payments, including the
requirement of current residence and amounts of earned or unearned
income to be disregarded in determining eligibility, in accordance with
the provisions of this title, regulations of the department and federal
law and regulations.
3. Any such agreement shall provide that the state will pay to the
secretary: (a) the amount the secretary expends for additional state
payments without regard to the secretary's cost of administering such
payments, which amount shall not exceed the amount of expenditures made
by the state and by social services districts for aid to aged, blind and
disabled persons during the calendar year nineteen hundred seventy-two,
less any federal funds properly received on account thereof; and (b) the
amount the secretary expends for additional state payments for any
individual which are in excess of the difference between the adjusted
payment level under the state's program of old age assistance,
assistance to the blind or aid to the disabled in January, nineteen
hundred seventy-two and the amount of such individual's supplemental
security income benefit. For purposes of this subdivision, "adjusted
payment level" shall mean the amount of the cash grant under the
appropriate state program of old age assistance, assistance to the
blind, aid to the disabled or the combined program of aid to aged, blind
and disabled persons, to individuals receiving grants under any such
program, who had no other income, for the month of January, nineteen
hundred seventy-two, plus an amount not greater than the bonus value of
food stamps allotted to such individuals in such month, so long as
federal law and regulations permit the inclusion of such amount.
4. The department is authorized on behalf of the state, with the
approval of the director of the budget, to agree to modification of the
agreement, or to terminate the agreement, if it is fiscally advantageous
to the state to so act. Any modification of the agreement which is
contrary to the provisions of this title shall be effective only until
the first day of July of the year next succeeding the year in which such
modification is to take effect, unless the substance of such
modification is enacted into law prior to such date. For the purposes
of section one hundred one-a of the executive law, any such modification
or termination of the agreement shall be considered the adoption of a
rule, as defined in such section.
5. The department is authorized, on behalf of the state, to enter into
an agreement with the secretary of the federal department of health and
human services for the purpose of obtaining reimbursement for safety net
assistance or any other payments made from state or local funds
furnished for basic needs for any month to or on behalf of persons who
subsequently are determined eligible to receive supplemental security
income payments for such month. Notwithstanding any law to the contrary,
the department is authorized to condition eligibility for any program
providing such payments upon the individual's execution of a written
authorization allowing the secretary of the federal department of health
and human services to pay to the social services district the amount of
supplemental security income due at the time the individual becomes
eligible.