Relates to public assistance employment programs

This legislation would amend the Social Services Law (SSL) to provide a standardized time period in which to request conciliation from the social services district (SSD) for all public assistance employment cases. The bill further seeks to amend the SSL to make certain technical changes clarifying requirements of the public assistance employment program and to align the SSL with federal requirements.

Summary of Provisions:

Section 1 of the bill would amend SSL § 330(4) to define that a "volunteer" is an applicant or recipient of public assistance who is otherwise exempt from participation in work activities and elects to participate or someone who elects to participate beyond the extent required by the SSD. The section further clarifies that in all instances the work activity must be approved by the SSD.

Section 2 of the bill would amend SSL § 332(2)(b) to clarify that volunteers should be allowed by the SSD to participate in work activities as appropriate, consistent with any documented medical limitations.

Section 3 of the bill would amend SSL§ 341(1) to standardize the time frame associated with requesting a conciliation conference to ten calendar days for all case types and to standardize the time frame associated with concluding the time for a conciliation at thirty days for all case types.

Section 4 of the bill would amend the opening paragraph of SSL 342(2) to clarify that any adult member of a public assistance household which includes a minor child who refuses or fails to comply with public assistance requirements shall be subject to an employment sanction.

Section 5 of the bill 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 limitations have ten (10) 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.

Section 6 of the bill would amend the opening paragraph of SSL 332-b(4) to clarify that when the SSD determines that the documentation is insufficient to support an exemption from or limitation on work activities and that a further medical evaluation is appropriate that the individual shall be referred to a health care practitioner licensed to practice in New York State.

Section 7 of the bill would amend SSL § 332-b(5) to clarify that when the SSD has directed the reevaluation of a work-limited participant's health status to determine if there has been a change in his or her condition, the SSD may continue to require the work limited participant to participate in assigned public assistance work activities which are consistent with the individual's documented limitations while the SSD's reevaluation of the individual's employability status is completed in accordance with SSL § 332-b(5).

Section 8 of the bill 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. This section would also amend SSL § 335-b(1) to remove subdivision (c) as duplicative of the requirements set forth in SSL § 335-b(1), as modified, and amend SSL § 335- b(1 )(d) 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 9 of the bill would amend SSL § 335-b(2) to adjust certain descriptive language pertaining to limits on participation in job search/job readiness as established by federal law or regulation, rather than including specific federal limits

Section 10 of the bill 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 as presently set forth - and to use more general language as set forth in federal law or regulation.

Section 11 of the bill 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 or regulation.

Section 12 of the bill provides a severability clause.

Section 13 of the bill provides that this act shall take effect immediately.

Existing Law:

SSL § 330 fails to provide a definition of the term "volunteer." SSL 330(4) provides that a "participant" shall mean "an applicant for or

recipient of public assistance who volunteers for or is required to participate in work activities" as provided by the SSD.

SSL § 332(2)(b) provides for preference to be given to engage volunteers unless other groups are determined to have greater need for services.

SSL § 341(1)(a) provides that a conciliation notice advises that the participant has seven (7) calendar days to request conciliation with the SSD in the case of a SN assistance participant, and ten (10) calendar days in the case of a Family Assistance (FA) participant.

SSL § 341(1)(b) provides that unless extended by mutual agreement the conciliation shall terminate and a determination shall be made within fourteen days of the date a request for conciliation is made in the case of a Safety Net Assistance recipient, and within thirty days of the date of the Notice of Conciliation in the case of a Family Assistance recipient.

SSL § 342 provides that an applicant or recipient who is a "parent" or "caretaker" of a "dependent child" who refuses or fails to comply with public assistance employment requirements as assigned by the SSD is subject to an employment sanction in accordance with SSL § 341.

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 (10) 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 (4) 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 be made, unless the applicant or recipient agrees to a limited work assignment not inconsistent with the medical condition alleged.

SSL § 335-b(l) 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 this subdivision provides a separate work participation rate for certain families receiving assistance funded under the State and local SN assistance program.

SSL § 335-b(2) provides, in part, that "engaged in work" shall include job search and job readiness assistance for a maximum of six weeks, only four of which may be consecutive.

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 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."

Prior Legislative History:

In 2014, a similar bill clarifying various requirements of the public assistance employment program was introduced as Assembly 9901/Senate 7714, but did not move out of committee.

Statement in Support:

SSL § 341 establishes the time frames and the procedures governing the conciliation conference. Specifically, SSL § 341 requires that the SSD provide individuals receiving FA ten (10) calendar days to request a conciliation conference from the date the conciliation notice is issued, while individuals receiving SN assistance are provided seven (7) 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 (10) calendar days from the date of the conciliation notice for a SNAP recipient to comply with the work activity assigned by the SSD so as to avoid the imposition of a SNAP sanction. Consequently, in order to standardize the time frame for requesting a conciliation conference and/or the opportunity to timely demonstrate compliance in order to avoid a SNAP employment sanction, the proposed bill provides for a uniform ten (10) calendar days for all case types.

The authority to impose an employment sanction on adult individuals who are members of a household that includes a dependent child, but who are not a parent or a caretaker, requires clarification. Otherwise, the existing State statute appears to limit the SSD's ability to impose an employment sanction to only those instances when the individual, who has failed or refused to comply with public assistance employment requirements (consistent with Title 9-B), is a parent or caretaker, and would not provide the SSD the authority to otherwise sanction an adult household member other than a "parent" or "caretaker."

Without defining the term "volunteers," the current statute, SSL 330, refers to a "volunteer" as being a "participant" without regard to the SSD's review and approval of the work activity in which the individual elects to participate. Litigation has sought to compel SSDs to provide supportive services to exempt individuals who self-direct and attend activities without SSD approval. The proposed technical change will clarify that volunteers are exempt individuals who volunteer to participate in work activities designated and approved by the SSD. This clarification is important to ensure that limited resources are used for appropriate activity engagement approved by the SSD in accordance with an individual's employment assessment.

State statute requires individuals who allege they are unable to participate in work activities due to either a medical condition or limitations to provide medical documentation within ten (10) 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 thereafter 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 (4) business days of the examination in order for such documentation to be considered when determining the individual's ability to work or participate in work activities. The proposed technical changes would clarify and standardize that such individuals have ten (10) calendar days from the date the SSD notifies the individual of the requirement to submit medical documentation, as described above, unless additional time is granted by the SSD based upon the individual's particular circumstances.

The SSL provides that when an SSD requires an individual to participate in an independent medical evaluation, the individual be referred to a health care practitioner certified by the DDD. However, the DDD does not certify practitioners. So as to clarify and make consistent the statute with SSD practices, the proposed bill would remove the certification requirement, and instead require that any health care practitioner evaluating an individual at the request of an SSD be licensed to practice in New York State.

SSDs are required to inquire as to whether the 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 SSD's authority to require a work limited individual to continue participation in assigned work activities which are consistent with the individual's limitations during a reevaluation of the individual's employability status requires clarification. Otherwise, SSDs may be required to disengage such individuals from work activities in which the individual was previously participating, without issues or complaints by the individual, during the time that the individual's employability status is being reevaluated at the SSD's initiative in order to determine if the individual's condition has improved. Clarifying that the activity participation may continue during these circumstances permits activities and the provision of related support services to continue without interruption.

The Deficit Reduction Act of 2005 (DRA) modified the calculation of the federal participation rate, effective October 1, 2006, to include families with dependent children who are receiving public assistance supported by State/local funds which are claimed toward the maintenance of effort (MOE) requirement for the TANF program.

The DRA also directed the United States Department of Health and Human Services (DHHS) to promulgate regulations defining which activities constitute countable "work activities," establishing standards for reporting and documenting hours of participation in work activities, and defining when a child-only case is included in the federal work participation rate calculation. The final TANF rule issued by the DIMS established definitions for each of the countable work activities, and

modified the basis for tracking participation in job search/job readiness training assistance that may be counted and reported toward the federal participation rate. 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 State statute need to be updated to establish consistency with federal requirements, including the ability to extend the countability of participation in job search/job readiness activities as specified in federal law.

Budget Implications:

There will be no fiscal implications related to the proposed technical changes.

Local Impact:

The bill, as it relates to public assistance employment program conciliation, would neither impose any mandates on the SSDs, nor result in any increased costs. OTDA would modify the Welfare to Work Caseload Management System to standardize the time frame associated with requesting a conciliation conference and/or the opportunity to demonstrate compliance with SNAP work requirements. The New York City Human Resources Administration will need to adjust its systems to support a standardized time frame.

Implementation of the bill would require changes to State regulations and policies, systems changes at the State level, and training of SSD staff, with possible additional changes to local procedures.

The proposed technical changes will not change the existing requirement to engage non-exempt individuals in work activities as soon as practical, but will adjust certain provisions in order to clarify the process that SSDs are required to follow, such as the time frame for providing medical documentation or the ability to maintain a work limited individual's work activities during the period in which the SSD initiates a reevaluation of the individual's condition. Therefore, the proposed changes should not impact SSDs or clients. The clarification will ensure engaged participants remain engaged as appropriate.

The change requiring that referrals for an independent medical evaluation be made to a practitioner who is licensed to practice in New York State should have no impact on the availability of such evaluations, insofar as it is believed that SSDs already routinely ensure that participating practitioners are licensed to practice in New York State.

The bill provides clarification of the definition of "volunteer" and an SSD's authority to impose an employment sanction when any adult who is a member of a household with dependent children refuses or fails to comply. This clarification should benefit the State and localities by preventing future litigation based on alternative interpretations of the SSL.

Effective Date:

This bill takes effect immediately.