§ 134-A — Conduct of investigation

§ 134-a. Conduct of investigation. 1. In accordance with regulations\nof the department of family assistance, any investigation or\nreinvestigation of eligibility for public assistance and care, other\nthan medical assistance, shall be limited to those factors reasonably\nnecessary to insure that expenditures shall be in accord with applicable\nprovisions of this chapter and the regulations of the department and\nshall be conducted in such manner so as not to violate any civil right\nof the applicant or recipient. Such regulations of the department shall\nprovide that where inconsistencies and gaps in the information presented\nby a recipient or where other circumstances in the particular case would\nindicate to a prudent person, that further inquiry should be made,\nadditional necessary information is to be sought except further that the\ndepartment shall provide by regulations which are consistent with\nfederal law for matching of data supplied by or about recipients with\ninformation contained in the wage reporting system established pursuant\nto section one hundred seventy-one-a of the tax law and similar systems\nin other geographically contiguous states, and such regulations shall\nfurther provide to the extent mandated by federal law for matching with\nthe non-wage income file maintained by the United States internal\nrevenue service, with the benefits and earnings data exchange maintained\nby the United States department of health and human services, and with\nthe unemployment insurance benefits file. In making such investigation\nor reinvestigation, sources of information, other than records\nmaintained by a public agency, shall be consulted only with the\npermission of the applicant or recipient. However, if such permission is\nnot granted by the applicant or recipient, the appropriate social\nservices official may deny, suspend or discontinue public assistance or\ncare until such time as he may be satisfied that such applicant or\nrecipient is eligible therefor. Nothing in this section shall be\nconstrued to prohibit activities the department reasonably believes\nnecessary to conform with Federal requirements under section one\nthousand one hundred thirty-seven of the social security act. The\nactivities authorized by this section may be initiated only with regard\nto those clients who have been given appropriate notice of verification\nactivity under article six-A of the public officers law.\n 2. At the time he applies for public assistance and care, an applicant\nshall, as a condition of receiving such aid, present proof of his\nidentity to the social services official as the department may by\nregulation require, and he shall provide such proof thereafter whenever\nrequired by such official.\n 3. The social services official shall require that persons applying\nfor or receiving public assistance and care be interviewed personally at\na time and in a manner provided by the regulations of the department,\nand the social services official may provide the option of a phone\ninterview or other digital means for such interview at the request of\nthe applicant or recipient.\n 4. Notwithstanding any other provisions of this chapter, the\ndepartment may provide for a comparison of information identifying a\nrecipient of benefits under any program authorized under this chapter\nwith identifying information possessed by state agencies in other states\nadministering programs similar to those authorized by this chapter\nregarding recipients of such programs. Such a comparison shall be\nauthorized only with regard to clients who have received appropriate\nnotice under the personal privacy protection law, which notice shall be\ndeemed compliance with the provisions of subdivision one of this\nsection. Should the comparison of identifying information indicate that\nthe client in question is or has been simultaneously receiving benefits\nin both states, the department may, in its discretion, authorize\nexchange of income, benefit, and other case information with the state\nagency of the other state.\n 5. The social services official upon receipt of information concerning\na sentence of imprisonment imposed upon a person receiving public\nassistance shall make a reinvestigation of eligibility.\n