Relates to the practice of government benefits advocacy

BILL NUMBER:A453

Title of bill

An act to amend the education law, in relation to licensing government benefits advocacy

Purpose or general idea of bill

This bill defines "government benefits advocacy" and requires the certification of those individuals using the title "government benefits advocate."

Summary of specific provisions

Adds Article 154-A to the Education law, which defines "government bene- fits advocacy," establishes a state board for government benefits advo- cacy, and details the requirements and procedures for professional certification as a government benefits advocate. This act also provides for certain requirement exemptions based on out-of-state certification and also on proof of past experience in the practice of government bene- fits advocacy in New York State.

Justification

The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) was passed into law with the intent of reforming the welfare system as we know it. To that end PRWORA mandated significant changes in the qualifications for eligibility of government benefits and for the length of time these benefits can be collected under the new Temporary Assistance to Needy Families (TANF) benefits program. Due to these changes thousands of people in New York State have already had, or will soon have, government benefits terminated, suspended or denied.

People who have had government benefits withheld have always had the right to appeal the administrative decision at a fair hearing with qual- ified representation. This right has not been taken away, however, the large increase in the number of people with government benefits denied, terminated or suspended is overwhelming the system to the extent that qualified representation may not be available on a timely basis, result- ing in people and families being summarily denied benefits without a prompt appeal.

While community and legal services organizations have traditionally employed people other than lawyers to provide representation at fair hearings, the existing system cannot be expected to respond to the demand created by welfare reform. In order to provide for the growing need of competent government benefit advocacy a structured educational and training program should be available to guarantee that people desir- ing to take on the responsibility of government benefit advocate meet certain standards of expertise and accountability.

This bill will provide individuals who wish to become specialists in the rules and regulations regarding government benefit entitlements with a

state certification. Certification attests that a practitioner has acquired a certain level of education training and expertise. It would provide professional status to individuals interested in community work but unable to pursue a Social Work, or Masters of Social Work degree. Certification would also ensure that the neediest residents of New York State receive competent government benefit advocacy.

Prior legislative history

2007-2008 - referred to Higher Education 2005-2006 - referred to Higher Education 2003-2004 - referred to Higher Education 2001-2002 - referred to Higher Education 1999-2000 - referred to Higher Education

Fiscal implications

Minimal cost for the establishment of the board and preparation and administration of the initial examinations. However, certification of the kind proposed in this legislation is self-supporting through the payment of required fees.

Effective date

This act shall take effect on the 360th day after it shall become a law and the State Department of Education is authorized to take such steps in advance of such effective date as may be necessary to enable this act to become fully effective on such date.