S 4417: Relates to conciliation and non-compliance with public assistance employment.

  
  STATE OF NEW YORK ________________________________________________________________________ 4417 2025-2026 Regular Sessions  IN SENATE February 4, 2025 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to conciliation and non-compliance with public assistance employment; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 341 of the social services law is REPEALED. 2 § 2. Section 341-a of the social services law, as added by chapter 562 3 of the laws of 2015, is amended to read as follows: 4 § [341-a] 341. Re-engagement; conciliation; refusal to participate. 5 1. [The provisions of this section shall apply to persons who are resi- 6 dents of a city having a population of one million or more people. 7 2.] (a) Consistent with federal law and regulations and this title, if 8 a participant has failed or refused to comply with the requirements of 9 this title and the district has determined that [he or she] such partic- 10 ipant is not exempt from such requirements and has verified that appro- 11 priate child care, transportation, and accommodations for disability 12 were in place at the time of such failure or refusal, the social 13 services district shall issue a re-engagement notice in plain language 14 indicating that such failure or refusal has taken place and of the right 15 of such participant to avoid a pro-rata reduction in public assistance 16 benefits through the re-engagement process. "Re-engagement process" 17 shall mean the process through which a participant may avoid a pro-rata 18 reduction in public assistance benefits by agreeing to comply with the 19 requirements of this title consistent with any medical condition which 20 may limit the individual's ability to participate in work activities, by 21 notifying the district that [he or she] such participant has become 22 exempt from the requirements of this title, or by resolving the reasons 23 for such failure or refusal at a conciliation conference. The notice 24 shall indicate that the participant has ten days to request re-engage- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08694-01-5 
 S. 4417 2 1 ment with the district. The notice shall indicate the specific instance 2 or instances of willful refusal or failure to comply without good cause 3 with the requirements of this title and the necessary actions that must 4 be taken to avoid a pro-rata reduction in public assistance benefits and 5 the district has verified that appropriate child care, transportation 6 and accommodations for disability were in place at the time of such 7 failure or refusal. 8 (1) If a participant chooses to avoid a pro-rata reduction in public 9 assistance benefits through a conciliation conference, it will be the 10 responsibility of the participant to give reasons for such failure or 11 refusal. The re-engagement notice shall also include an explanation in 12 plain language of what would constitute good cause for non-compliance 13 and examples of acceptable forms of evidence that may warrant an 14 exemption from work activities, including evidence of domestic violence, 15 and physical or mental health limitations that may be provided at the 16 conciliation conference to demonstrate such good cause for failure to 17 comply with the requirements of this title. Unless as part of the re-en- 18 gagement process the participant does not agree to comply, has not 19 become exempt or the district determines as a result of the conciliation 20 conference that such failure or refusal was willful and without good 21 cause, no further action shall be taken. 22 (2) If the participant does not contact the district within ten days 23 of the re-engagement notice, the district shall make a finding of wheth- 24 er the alleged failure or refusal to comply was willful and without good 25 cause and shall consider any evidence in the possession of the district 26 indicating that the participant has good cause and if the participant is 27 otherwise participating in work activities, there shall be no finding of 28 willfulness without good cause based on a single appointment or infrac- 29 tion. 30 (b) If the district determines that such failure or refusal was will- 31 ful and without good cause, and that the individual is not exempt from 32 the requirements of this title, the district shall notify such partic- 33 ipant in writing, in plain language and in a manner distinct from any 34 previous notice, by issuing ten days notice of its intent to discontinue 35 or reduce assistance. Such notice shall include the reasons for such 36 determination, the specific instance or instances of willful refusal or 37 failure to comply without good cause with the requirements of this 38 title, shall verify that appropriate child care, transportation and 39 accommodations for disability were in place at the time of such failure 40 or refusal, and specify the necessary actions that must be taken to 41 avoid a pro-rata reduction in public assistance benefits, including 42 agreeing to comply with the requirements of this title consistent with 43 any medical condition which may limit the individual's ability to 44 participate in work activities or notifying the district that [he or 45 she] such individual has become exempt from the requirements of this 46 title and the right to a fair hearing relating to such discontinuance or 47 reduction. 48 [3.] 2. (a) The department shall establish in regulation a concil- 49 iation procedure for the resolution of disputes related to an individ- 50 ual's participation in programs pursuant to this title. 51 (b) The district shall contract with an independent entity, approved 52 by the department, or shall use designated trained staff at the supervi- 53 sory level who have no direct responsibility for the participant's case 54 to mediate disputes in the conciliation conference. 55 (c) If a participant's dispute cannot be resolved through such concil- 56 iation procedure, an opportunity for a fair hearing shall be provided. 
 S. 4417 3 1 No sanction relating to the subject dispute may be imposed during the 2 re-engagement process. 3 [4.] 3. When any participant required to participate in work activ- 4 ities fails to comply with the provisions of this title, the social 5 services district shall take such actions as prescribed by appropriate 6 federal law and regulation and this title. 7 [5.] 4. Consistent with federal law and this title, a social services 8 district shall provide to those participants whose failure to comply has 9 continued for thirty days or longer a written reminder of the option to 10 end a sanction by terminating the failure to comply as specified in 11 subdivision [two] one of this section. Such notice shall advise that the 12 participant may immediately terminate the sanction by either agreeing to 13 comply with the requirements of this title consistent with any medical 14 condition which may limit the individual's ability to participate in 15 work activities or notifying the district that [he or she] such individ- 16 ual has become exempt from the requirements of this title. 17 [6.] 5. Consistent with federal law and regulation and this title, no 18 notice shall be issued as specified in subdivision [two] one of this 19 section unless it has been determined that the individual is not exempt 20 from the requirements of this title and has determined that appropriate 21 child care, transportation and accommodations for disability were in 22 place at the time of such failure or refusal to comply with the require- 23 ments of this title and no action shall be taken pursuant to this 24 section for failure to participate in the program or refusal to accept 25 employment if: 26 (a) child care for a child under age thirteen (or day care for any 27 incapacitated individual living in the same home as a dependent child) 28 is necessary for an individual to participate or continue participation 29 in activities pursuant to this title or accept employment and such care 30 is not available and the social services district fails to provide such 31 care; 32 (b) (1) the employment would result in the family of the participant 33 experiencing a net loss of cash income; provided, however, a participant 34 may not claim good cause under this paragraph if the social services 35 district assures that the family will not experience a net loss of cash 36 income by making a supplemental payment; 37 (2) net loss of cash income results if the family's gross income less 38 necessary work-related expenses is less than the cash assistance the 39 participant was receiving at the time the offer of employment is made; 40 or 41 (c) the participant meets other grounds for good cause set forth by 42 the department in its implementation plan for this title which, at a 43 minimum, must describe what circumstances beyond the household's control 44 will constitute "good cause". 45 § 3. Section 342 of the social services law is REPEALED. 46 § 4. Section 342-a of the social services law, as added by chapter 562 47 of the laws of 2015, is amended to read as follows: 48 § [342-a] 342. Noncompliance with the requirements of this title. 1. 49 [The provisions of this section shall apply to persons who are residents 50 of a city having a population of one million or more people. 51 2.] In accordance with the provisions of this section an individual 52 who is required to participate in work activities shall be ineligible to 53 receive public assistance if [he or she] such individual fails to 54 comply, without good cause, with the requirements of this title and the 55 district has determined that [he or she] such individual is not exempt 56 from such requirements and has verified that appropriate child care, 
 S. 4417 4 1 transportation, and accommodations for disability were in place at the 2 time of such failure or refusal. Such ineligibility shall be for the 3 amount and period specified in this section. Good cause for failing to 4 comply with the requirements of this title shall be defined in depart- 5 ment regulations, provided, however, that the parent or caretaker rela- 6 tive of a child under thirteen years of age shall not be subject to the 7 ineligibility provisions of this section if the individual can demon- 8 strate, in accordance with the regulations of the office of children and 9 family services, that lack of available child care prevents such indi- 10 vidual from complying with the work requirements of this title. The 11 parent or caretaker relative shall be responsible for locating the child 12 care needed to meet the work requirements; provided, however, that the 13 relevant social services district shall provide a parent or caretaker 14 relative who demonstrates an inability to obtain needed child care with 15 a choice of two providers, at least one of which will be a regulated 16 provider. 17 [3.] 2. In the case of an applicant for or recipient of public assist- 18 ance whom the district has determined is not exempt from the require- 19 ments of this title and who is a parent or caretaker of a dependent 20 child, the public assistance benefits otherwise available to the house- 21 hold of which such individual is a member shall be reduced pro-rata 22 until the individual is willing to comply with the requirements of this 23 title consistent with any medical condition which may limit the individ- 24 ual's ability to participate in work activities. 25 [4.] 3. In the case of an individual who is a member of a household 26 without dependent children whom the district has determined is not 27 exempt from the requirements of this title and who is applying for or in 28 receipt of safety net assistance, the public assistance benefits other- 29 wise available to the household of which such individual is a member 30 shall be reduced pro-rata until the failure or refusal to comply with 31 the requirements of this title consistent with any medical condition 32 which may limit the individual's ability to participate in work activ- 33 ities ceases. 34 [5.] 4. A recipient of public assistance whom the district has deter- 35 mined is not exempt from the requirements of this title and who quits or 36 reduces [his] their hours of employment without good cause or due to any 37 medical condition which may limit the individual's ability to partic- 38 ipate in work activities shall be considered to have failed to comply 39 with the requirements of this article and shall be subject to the 40 provisions of this section. 41 [6.] 5. A person described in paragraph (b) of subdivision seven of 42 section one hundred fifty-nine of this chapter may not be sanctioned if 43 [his or her] their failure to comply with requirements of this title is 44 related to [his or her] their health status. 45 § 5. Subdivision 6 of section 332-b of the social services law, as 46 added by section 148 of part B of chapter 436 of the laws of 1997, is 47 amended to read as follows: 48 6. When an applicant or recipient receives notification of the examin- 49 ing medical professional's disability determination, [he or she] they 50 shall also be notified of [his or her] the right to request a fair hear- 51 ing within ten days of such notice. If such applicant timely requests a 52 fair hearing, no assignment to work activities pursuant to this title 53 may be made pending such hearing and determination unless the applicant 54 or recipient agrees to a limited work assignment not inconsistent with 55 the medical condition alleged by such person. Provided, however, that if 56 a social services district has reason to believe that such recipient or 
 S. 4417 5 1 applicant does not actually suffer from a work limiting condition, the 2 district shall provide the applicant or recipient with notice of poten- 3 tial sanctions pursuant to subdivision [three] two of section three 4 hundred forty-two of this title, and provided further that recipients 5 will be subject to sanctions pursuant to subdivision [three] two of 6 section three hundred forty-two of this title if the district deter- 7 mines, based on clear medical evidence, that there is no basis for the 8 individual's claim that [he or she is] they are unable to fully engage 9 in work activities, and that the individual intentionally misrepresented 10 [his or her] their medical condition. 11 § 6. This act shall take effect on the first of April next succeeding 12 the date on which it shall have become a law.