Relates to the time period to request conciliation for the public assistance employment program; repealer

Summary of Provisions:

Section 1 would amend SSL § 341(1)(a) to standardize the timeframe associated with requesting a conciliation conference to ten calendar days for all case types.

Section 2 would amend SSL § 332-b(2)(b) to clarify that individuals who allege that they are unable to participate in work activities due to either a medical condition or medical limitations have ten calendar days from the date they are provided notice of the opportunity to provide medical information to submit medical documentation to the SSD's practitioner in connection with the practitioner's evaluation of Whether the individual is able to work or participate in work activities, unless additional time is granted by the SSD upon good cause.

Section 3 would amend SSL § 332-b(4) to require that an SSD's referral of an individual for an independent medical evaluation must be to a health care practitioner-licensed to practice in New York State.

Section 4 would amend SSL § 332-b(5) to clarify that SSDs may require work limited participants who are not claiming a change in their condition to continue to participate in assigned public assistance work activities which are consistent with the individual's limitations while a reevaluation of the individual's employability status is completed in accordance with SSL § 332-b(5).

Section 5 would amend SSL § 335-b(1) to modify the references to federal participation rates to be consistent with federal requirements, including the requirement to include recipients of Safety Net (SN) assistance that include a child when required by the federal work participation rate calculation.

Section 6 would amend SSL § 335-b(1) to repeal subdivision "c" as duplicative of the requirements set forth in SSL § 335-b(1), as modified.

Section 7 would amend SSL § 335-b(1) to reflect the inclusion of SN assistance households with children in the federal work participation rate to the extent required by federal law or regulation.

Section 8 would amend SSL § 335-b(2) pertaining to limits on participation in job search/job readiness as established by federal law and regulation, rather than including specific federal limits

Section 9 would amend SSL § 336(1)(m) to reflect that participation in job search/job readiness training assistance may be required by the SSD beyond a specific limit of six weeks and use more general language as set forth in federal law and regulation.

Section 10 would amend SSL § 336(8) by changing the reference for reporting hours of participation in unpaid internships/externships from On-The-Job Training to work experience pursuant to SSL § 336, or to other work activity consistent with federal law and regulation.

Section 11 provides a severability clause.

Section 12 provides that this act shall take effect immediately.

Existing Law:

SSL § 341(1)(a) requires that a conciliation notice advise that the participant has seven calendar days to request conciliation with the SSD in the case of a SN assistance participant, and ten calendar days in the case of a Family Assistance (FA) participant.

SSL § 332-b(2) provides that applicants for and recipients of public assistance who allege that they are unable to participate in work activities, or that they have limitations, have ten calendar days from the date the SSD notifies the individual of the requirement to provide medical documentation to the SSD or to the SSD's practitioner; if referred for an independent employability evaluation consistent with 18 NYCRR § 385.2, for consideration when determining the individual's ability to work or participate in work activities, the individual has four business days to provide any additional medical documentation.

SSL § 332-b(4) provides that when an SSD requires an individual to participate in an independent medical evaluation, the individual shall be referred to a health care practitioner certified by the Office of Temporary and Disability Assistance's (OTDA's) Division of Disability Determinations (DDD).

SSL § 332-b(5) provides that no assignment to work activities may be made when a determination of an individual's medical status must has not been made unless the applicant or recipient agrees to a limited work assignment not inconsistent with the medical condition alleged.

SSL § 335-b(1) requires that each SSD meet or exceed the minimum participation rate for families receiving assistance funded under the

federal Temporary Assistance for Needy Families (TANF) program and provides a separate work participation rate for certain families receiving assistance funded under the State and local SN assistance program.

SSL § 336(1)(m) allows SSDs to continue to require individuals to participate in job search and job readiness assistance after exceeding the limit for such activities as set forth in federal law.

SSL § 336(8) provides, in relevant part, that hours of participation in internships, externships, and certain other work placements should be counted for work participation rate purposes as "on-the-job-training." Legislative History: This is a new bill.

Statement in Support:

SSL § 341 establishes the timeframes and the procedures governing conciliation conferences. Specifically, it requires that the SSD provide individuals receiving FA ten calendar days to request a conciliation conference from the date the conciliation notice is issued, while individuals receiving SN assistance are provided seven calendar days to request a conciliation conference from the date of the conciliation notice. Additionally, consistent with a waiver approved by the United States Department of Agriculture's (USDA's) Food and Nutrition Service (FNS), OTDA must provide at least ten calendar days from the date of the conciliation notice for a SNAP recipient to comply with the work activity assigned by the SSD to avoid a SNAP sanction. In order to standardize the timeframe for requesting a conciliation conference and/or the opportunity to timely demonstrate compliance in order to avoid a SNAP employment sanction, the bill provides for a standardized ten calendar days for all case types.

State law requires that individuals who allege they are unable to participate in work activities due to either a medical condition or limitations provide medical documentation within ten calendar days in connection with an SSD's determination of employability. The statute includes an additional provision, applicable to those instances where the individual is referred for an independent evaluation, which permits the individual to submit medical documentation to the SSD's practitioner at the time of the evaluation or within four business days of the examination for such documentation to be considered when determining the individual's ability to work or participate in work activities. The bill would clarify and standardize that such individuals have ten calendar days from the date the SSD notifies the individual of the requirement to submit medical documentation unless additional time is granted by the SSD based upon the individual's particular circumstances.

When an SSD requires an individual to participate in an independent medical evaluation, the individual must be referred to a health care practitioner certified by the DDD. However, the DDD does not certify practitioners. This bill would remove the certification requirement, and instead require that any health care practitioner evaluating an individual at the request of an SSD simply be licensed to practice in New York State.

SSDs are required to inquire as to whether an individual has any medical condition which would limit the individual's ability to participate in work activities at application, recertification, or whenever the SSD has reason to believe that a physical or mental health impairment may prevent the individual from fully participating in work activities. The bill clarifies that participation in activities may continue during these circumstances, which would permit providing related support services without interruption.

The bill also updates references to the federal participation rates, limits on the countability of job search/job readiness training assistance, and the reporting of participation in unpaid internships/externships, in order to establish consistency with federal requirements, including the ability to extend the countability of participation in job search/job readiness activities.

Budget Implications: None.

Effective Date: This bill takes effect immediately.