N.Y. Social Services Law § 131-ss: Automated identification of OTDA assistance program participants

§ 131-ss. Automated identification of OTDA assistance program

participants. 1. Definitions. For the purposes of this section, the

following terms shall have the following meanings:

(a) "Commissioner" shall mean the commissioner of the office of

temporary and disability assistance.

(b) "Office" or "OTDA" shall mean the office of temporary and

disability assistance.

(c) "OTDA assistance program participant" shall mean a household that

is determined to be eligible by the office for any of the following

programs, provided, however, that the office may require written consent

from OTDA assistance program participants before using data obtained

from any of the following programs for the purposes of this section:

(i) Public assistance;

(ii) Home energy assistance program; and

(iii) Any other income-based assistance program identified by the

public service commission that is administered and approved for

inclusion under this section by the office.

(d) "Utility corporation" shall include utility companies, utility

corporations, public utility companies, public utility corporations, gas

corporations, electric corporations, municipalities as defined in

section two of the public service law and regulated pursuant to the

public service law, water-works corporations subject to section fifty of

the public service law, a municipal corporation that provides public

utility services, a rural electric cooperative, or a state public

authority that provides utility services.

(e) "Utility corporation affordability programs" shall be defined by

the public service commission and shall be limited to utility

corporation programs which are intended to assist customers with energy

or water service affordability by reducing customers' energy or water

service burden, as applicable.

2. Within one year of the effective date of this section, the

commissioner shall provide for automated identification of OTDA

assistance program participants for participation in utility corporation

affordability programs for energy affordability pursuant to subdivision

four of this section. Within one year and six months of the effective

date of this section, the commissioner shall provide for automated

identification of OTDA program participants for participation in utility

corporation affordability programs for water service affordability

pursuant to subdivision four of this section.

3. The utility corporation shall be responsible for working with the

office to facilitate and implement the technological capabilities to

allow for the secure transmission of data through an interface with the

office's information technology infrastructure.

4. (a) To the extent permitted by federal law, regulations and

policies, the office, upon the utility corporation agreeing to and

signing the office's data terms and upon receipt of the required data

elements from the utility corporation, as such data elements are defined

by the office, shall conduct automated file matching to identify utility

corporation customer accounts that are also OTDA assistance program

participants and, if permitted by federal law, regulations and policies,

such information shall be provided to utility corporations no less than

semi-annually. Utility corporation customer accounts identified by the

office as potentially eligible for participation in available utility

corporation affordability programs as a result of such file matching

shall be, if confirmed as eligible for such utility corporation

affordability programs by the utility corporation, enrolled in such

utility corporation affordability programs by the utility corporation

within sixty days of receipt by the utility corporation of the results

of the automated file match. Any information provided to the utility

corporations related to OTDA assistance program participants pursuant to

this section shall not be redisclosed by the utility corporation and

shall only be utilized for the purpose of confirming eligibility in the

utility corporation affordability program and providing notifications

pursuant to paragraph (b) of this subdivision.

(b) Upon automatic enrollment in the utility corporation affordability

program, the utility corporation shall provide written notification to

the utility corporation affordability program participant of their

enrollment in such program.

(c) Except as prohibited by federal law, regulation, or policy, and

notwithstanding any provision of state or local law, regulation, or

policy to the contrary, a utility corporation is authorized to share the

required data elements for the purposes of and as provided for by this

section.

5. The commissioner may adopt, on an emergency basis pursuant to

article two of the state administrative procedure act, any rules

necessary to carry out the provisions of this article.

6. The commissioner may delegate the administration of any portion of

this section to any state agency, social services official, city,

county, town, contractor or non-profit organization in accordance with

the provisions of this article and applicable federal requirements.

Provided however, such privacy and confidentiality limitations

prescribed in this section shall apply to any entity to which the

commissioner delegates the administration of any portion of this

section.