N.Y. Social Services Law § 134-a: Conduct of investigation

§ 134-a. Conduct of investigation. 1. In accordance with regulations

of the department of family assistance, any investigation or

reinvestigation of eligibility for public assistance and care, other

than medical assistance, shall be limited to those factors reasonably

necessary to insure that expenditures shall be in accord with applicable

provisions of this chapter and the regulations of the department and

shall be conducted in such manner so as not to violate any civil right

of the applicant or recipient. Such regulations of the department shall

provide that where inconsistencies and gaps in the information presented

by a recipient or where other circumstances in the particular case would

indicate to a prudent person, that further inquiry should be made,

additional necessary information is to be sought except further that the

department shall provide by regulations which are consistent with

federal law for matching of data supplied by or about recipients with

information contained in the wage reporting system established pursuant

to section one hundred seventy-one-a of the tax law and similar systems

in other geographically contiguous states, and such regulations shall

further provide to the extent mandated by federal law for matching with

the non-wage income file maintained by the United States internal

revenue service, with the benefits and earnings data exchange maintained

by the United States department of health and human services, and with

the unemployment insurance benefits file. In making such investigation

or reinvestigation, sources of information, other than records

maintained by a public agency, shall be consulted only with the

permission of the applicant or recipient. However, if such permission is

not granted by the applicant or recipient, the appropriate social

services official may deny, suspend or discontinue public assistance or

care until such time as he may be satisfied that such applicant or

recipient is eligible therefor. Nothing in this section shall be

construed to prohibit activities the department reasonably believes

necessary to conform with Federal requirements under section one

thousand one hundred thirty-seven of the social security act. The

activities authorized by this section may be initiated only with regard

to those clients who have been given appropriate notice of verification

activity under article six-A of the public officers law.

2. At the time he applies for public assistance and care, an applicant

shall, as a condition of receiving such aid, present proof of his

identity to the social services official as the department may by

regulation require, and he shall provide such proof thereafter whenever

required by such official.

3. The social services official shall require that persons applying

for or receiving public assistance and care be interviewed personally at

a time and in a manner provided by the regulations of the department,

and the social services official may provide the option of a phone

interview or other digital means for such interview at the request of

the applicant or recipient.

4. Notwithstanding any other provisions of this chapter, the

department may provide for a comparison of information identifying a

recipient of benefits under any program authorized under this chapter

with identifying information possessed by state agencies in other states

administering programs similar to those authorized by this chapter

regarding recipients of such programs. Such a comparison shall be

authorized only with regard to clients who have received appropriate

notice under the personal privacy protection law, which notice shall be

deemed compliance with the provisions of subdivision one of this

section. Should the comparison of identifying information indicate that

the client in question is or has been simultaneously receiving benefits

in both states, the department may, in its discretion, authorize

exchange of income, benefit, and other case information with the state

agency of the other state.

5. The social services official upon receipt of information concerning

a sentence of imprisonment imposed upon a person receiving public

assistance shall make a reinvestigation of eligibility.