§ 62 — Responsibility for public assistance and care

New York § 62

• Jurisdiction: New York
• Law SOS: Social Services
• Title 2: Public Welfare Districts and Their Responsibility For Public Assistance and Care
• Art. 3: Local Public Welfare Organization; Powers and Duties

Text

§ 62. Responsibility for public assistance and care. 1. Subject to\nreimbursement in the cases hereinafter provided for, each public welfare\ndistrict shall be responsible for the assistance and care of any person\nwho resides or is found in its territory and who is in need of public\nassistance and care which he is unable to provide for himself.\n 5. This section is subject to the following exceptions:\n (a) Notwithstanding any other provisions of this chapter, in the event\na recipient removes from one to another social services district in the\nstate, a social services official administering safety net assistance or\nfamily assistance to such recipient shall continue such assistance for\nsuch recipient for a period ending on the last day of the calendar month\nnext succeeding the calendar month in which such removal occurred,\nprovided such recipient is otherwise eligible for such assistance and\nhas not become a recipient of public assistance in the district to which\nhe or she has removed.\n (a-1) Notwithstanding any other provisions of this chapter, in the\nevent a recipient removes from one to another social services district\nin the state, a social services official administering medical\nassistance to such recipient shall continue such assistance for a period\nending on the last day of the calendar month next succeeding the\ncalendar month in which such removal is reported by the recipient to the\nsocial services district, provided that the recipient: has informed the\ndistrict of his or her new address and any material changes in\ncircumstances affecting medical assistance eligibility; is otherwise\neligible for medical assistance; and has not become a recipient of\nmedical assistance in the district to which he or she has removed. After\nthe last day of the calendar month next succeeding the calendar month in\nwhich such removal is reported, the recipient shall be eligible without\nfurther application for medical assistance administered by the social\nservices district to which the recipient has removed. Continued\nprovision of medical assistance under this paragraph is dependent on the\nrecipient meeting all applicable requirements of titles eleven and\neleven-D of article five of this chapter. This paragraph shall not apply\nto a recipient who is institutionalized in a medical facility and who\nremoves from one social services district to another district in the\nstate.\n (b) If a public welfare district, town or city provides care for a\nperson in a family home, boarding home, nursing home, convalescent home,\nhospital or institution outside of its territory and pays for such care\ndirectly or through a grant made to the recipient, the public welfare\ndistrict, town or city making such provision shall continue to be\nresponsible for payment for such care as long as the recipient is in\nneed thereof. In the event any other type of public assistance and care\nis needed by a person receiving such care, it shall be furnished and\npaid for by the public welfare district, town or city which would be\nresponsible for such required assistance and care if such person had\nremained in the territory of the district, town or city making such\nprovision; the public welfare district, town or city making such\nprovision shall likewise be responsible for the care, removal and burial\nof the body of any such person who shall die, and the expense thereof.\n The public welfare district, town or city which, pursuant to the\nprovisions of this paragraph, is providing public assistance and care\nfor the mother of an infant, on the date of birth of such infant, shall\nbe responsible for providing public assistance or care required by such\ninfant on and after the date of his birth; and such public welfare\ndistrict, town or city shall be deemed to have made provision for the\ncare of such infant outside of its territory.\n When a child who has been cared for away from his own home by or on\nbehalf of a public welfare district, pursuant to title two of article\nsix or other provisions of this chapter, the family court act of the\nstate of New York, or other provisions of law, is discharged, pursuant\nto law, to his parents or parent, brother, sister, uncle, aunt or legal\nguardian, who are or is then residing outside the territory of such\npublic welfare district, such discharge shall terminate the\nresponsibility of such public welfare district to furnish public\nassistance and care for such child pursuant to this paragraph; and upon\nsuch discharge it shall become the responsibility of the public welfare\ndistrict wherein such child is thereafter to reside with his relative or\nlegal guardian to provide necessary public assistance and care for him\nas in the case of any other child residing therein.\n The provisions of this paragraph shall not be deemed to authorize or\nempower towns or cities of a county public welfare district to exercise\nresponsibilities with relation to public assistance and care\ninconsistent with the responsibilities imposed or conferred on them by\nother provisions of this chapter.\n (c) When a person with a mental illness or developmental disability is\nin need of public assistance or care while on convalescent status or\ncommunity status from a state hospital or institution under the\nprovisions of section 29.15 of the mental hygiene law, the public\nwelfare district, town or city from which he was admitted to such\nhospital or institution shall be responsible for providing and paying\nfor such assistance or care as in the case of other persons requiring\npublic assistance and care, except that such responsibility shall\ncontinue during any period such person is on convalescent status or\ncommunity status outside the territory of such public welfare district,\ntown or city and shall continue thereafter in accordance with the\nprovisions of this paragraph and paragraph (b) of this subdivision if\nsuch person was receiving or should have been receiving public\nassistance or care from such public welfare district, town or city\noutside its territory at the time he was discharged from such\nconvalescent status or community status.\n (d) When a person, either upon admission to a hospital, nursing home,\nintermediate care facility, adult home, enriched housing program or\nresidence for adults located in a social services district other than\nthe district in which he was then residing, or while in such hospital,\nnursing home, intermediate care facility, adult home, enriched housing\nprogram or residence for adults, is or becomes in need of medical\nassistance, the social services district from which he was admitted to\nsuch hospital, nursing home, intermediate care facility, adult home,\nenriched housing program or residence for adults shall be responsible\nfor providing such medical assistance for so long as such person is\neligible therefor. If while such person is receiving care in such\nhospital, nursing home, intermediate care facility, adult home, enriched\nhousing program or residence for adults or when discharged therefrom, is\nin need of any other type of public assistance or care, the social\nservices district, town or city from which the person was admitted to\nsuch hospital, nursing home, intermediate care facility, adult home,\nenriched housing program or residence for adults shall be responsible\nfor providing and paying for such public assistance or care as in the\ncase of other persons requiring public assistance and care in its\nterritory, and such responsibility shall continue thereafter in\naccordance with the provisions of this paragraph and paragraph (b) of\nthis subdivision if such person was receiving or should have been\nreceiving public assistance or care from such social services district,\ntown or city; such social services district, town or city shall likewise\nbe responsible for the care, removal or burial of the body of any such\nperson who shall die, and for the expense thereof. The provisions of\nthis paragraph shall likewise be applicable to the care of an eligible\nperson who, while temporarily absent from the social services district\nin which he then resided, was admitted to a hospital or nursing home in\nanother social services district prior to the effective date hereof.\n (e) A public welfare district which provides medical assistance for\nneedy persons pursuant to the provisions of title eleven of article five\nof this chapter, shall not charge back any part of the cost of such\nassistance to another public welfare district.\n (f) (1) The social services district in which a victim of domestic\nviolence, as defined in article six-A of this chapter, was residing at\nthe time of the alleged domestic violence shall be responsible, in\naccordance with section one hundred thirty-one-u of this chapter, for\nthe cost of emergency shelter and care provided to such victim and his\nor her minor children at a residential program for victims of domestic\nviolence, as defined in article six-A of this chapter, whether or not\nsuch program is located in the social services district or in another\nsocial services district if such victim:\n a. was receiving public assistance at the time of entry to the program\nor\n b. applies for public assistance and care during the time the victim\nwas residing in such program.\n (2) The social services district to which such application is\nsubmitted shall forward the completed application to the district in\nwhich the victim resided at the time of the alleged domestic violence.\n (3) Responsibility for the cost of shelter and care pursuant to this\nparagraph shall be limited to the period during which the victim and his\nor her children, if any, reside in such program. Responsibility for\npublic assistance and care for any period after termination of such\nresidency shall be determined pursuant to other provisions of this\nsection.\n (g) (1) When a person applies for medical parole, and is in need of\npublic assistance, including medical assistance, the department of\ncorrections and community supervision shall cause an application for\nsuch assistance to be forwarded to the department of social services.\n (2) Upon receipt of an application for public assistance, including\nmedical assistance, forwarded by the department of corrections and\ncommunity supervision for persons meeting the conditions of medical\nparole, financial eligibility for such assistance and care shall be\ndetermined by the New York state department of social services prior to\nthe person's parole.\n (3) Determination of continuing eligibility for public assistance,\nincluding medical assistance, and care will be the responsibility of the\nsocial services district into which such person is released.\n (4) Any inconsistent provision of this chapter or other law\nnotwithstanding, when a person is released on medical parole pursuant to\nsection two hundred fifty-nine-r or two hundred fifty-nine-s of the\nexecutive law and is in need of public assistance, including medical\nassistance, the social services district in which such person was\nconvicted and from which he or she was committed to the custody of the\ndepartment of corrections and community supervision shall be responsible\nfor the administrative costs of the initial and any subsequent\neligibility determination and the costs of any public assistance,\nincluding medical assistance, following such persons release on medical\nparole for so long as such person is eligible therefor.\n 6. Homeless children. (a) Notwithstanding any other provision of law\nto the contrary, the social services district which provides assistance\nor services to a homeless child in temporary housing located outside the\nschool district of origin shall notify the commissioner of education,\nthe school district of origin and the school district designated by the\nchild, parent or person in parental relation pursuant to subdivision two\nof section thirty-two hundred nine of the education law within five days\nof such designation as the school district which such child shall attend\nupon instruction. Such notice shall include the name of the child, the\nname of the parent or person in parental relation to the child, if any,\nthe name and location of the temporary housing arrangement, the name of\nthe school district of origin and any other information required by the\ncommissioner of education.\n (b) For the purposes of this subdivision the terms "homeless child",\nand "school district of origin" shall be as defined in section\nthirty-two hundred nine of the education law.\n (c) A social services district shall provide for the transportation of\neach homeless child who is eligible for benefits pursuant to section\nthree hundred fifty-j of this chapter to and from a temporary housing\nlocation in which the child was placed by the social services district\nand the school attended by such child pursuant to section thirty-two\nhundred nine of the education law, if such temporary housing facility is\nlocated outside of the designated school district pursuant to paragraph\na of subdivision two of section thirty-two hundred nine of the education\nlaw. A social services district shall be authorized to contract with a\nboard of education or a board of cooperative educational services for\nthe provision of such transportation. This paragraph shall apply to\nplacements made by a social services district without regard to whether\na payment is made by the district to the operator of the temporary\nhousing facility.\n 7. The provisions of subdivision five of this section shall not apply\nwith respect to the medical assistance eligibility of persons described\nin subparagraph two of paragraph (a) of subdivision one of section three\nhundred sixty-six of this chapter.\n