Relates to additional options for local social services districts to implement effective welfare-to-work programs; repealer

Summary of specific provisions

The bill rewrites section 341 of the Social Services Law to allow local social services districts, at their option, to immediately contact a welfare recipient who fails to comply with job training or work experience requirements, provide the recipient with a verbal notice of the failure to comply with a written confirmation letter (rather than a ten day written notice) and to immediately conduct a verbal conciliation effort in an effort to resolve any good faith issues needed to re-engage the recipient in job training or work experience with a minimum of delay. If the conciliation process is successful, no further action will be taken.

If the conciliation process is not successful, then the local social services district would be required to provide the recipient with a written notice of its intent to terminate benefits for noncompliance and a written notice of the recipient's right to request a fair hearing. The fair hearing could be conducted using video conferencing equipment.

Justification

Under the current statutory procedure contained in section 341 of the social services law, the local social services district is required to send a ten day written of a right to request conciliation in the event of the recipient fails to comply with employment or job training requirements. Sometimes the recipient has an excellent reason for the failure to comply that can be resolved by the local social services district, such as lack of child care or transportation. Even if these issues can be resolved, however, the extensive delay inherent in the current process often results in the loss of the job training or employment opportunity because these job training classes or employment opportunities cannot wait for several days for these issues to be resolved.

By allowing the local social services districts the right to immediately conduct conciliation efforts, the local social services district can maximize the likelihood that the underlying issues can be quickly resolved so that the participant can successful participate in the employment experience or job training program.

If the recipient does not have a reasonable basis for the failure to participate in employment or job training, then the social services district must provide the recipient with a ten day notice of the right to request a fair hearing. Unfortunately, it may take several weeks before the state Office of Temporary and Disability Assistance (OTDA) schedules the fairing hearing because of scheduling issues, during which time many recipients continue to receive welfare benefits. It is estimated that current delays in scheduling these fair hearings cost the State over $10 million a year. In an effort to reduce this delay, this bill would enable the fair hearing to be held using video conference equipment, where all parties can see and hear each other.

Prior legislative history

New bill.

Fiscal implications

It is estimated that this bill would save the State and local taxpayers upwards of $10 million annually by reducing the cost associated with the extensive delays in processing fair hearings.* In addition, to the extent that prompt conciliation efforts improve employment and job training success, additional savings will be achieved welfare recipients obtain employment and begin their path to greater financial independence and a higher standard of living.

* A six week delay multiplied by 33,619 decisions upheld or appeals withdrawn in 2013 (2013 OTDA Annual Report) with an average cost per recipient of $323/month (OTDA Monthly Statistics for December 2013).

EFFECTIVE DATE:;

The bill would become effective 120 days after enactment.