N.Y. Social Services Law § 21: Welfare management system

§ 21. Welfare management system. 1. The department shall design and

implement a welfare management system which shall be capable of

receiving, maintaining and processing information relating to persons

who have applied for or been determined eligible for benefits under any

program for which the department has supervisory responsibilities under

this chapter, for the purpose of providing individual and aggregate data

to such districts to assist them in making eligibility determinations

and basic management decisions, to the department to assist it in

supervising the local administration of such programs, and to the

governor and the legislature as may be necessary to assist in making

major administrative and policy decisions affecting such programs. Such

system shall be designed so as to assist local districts and the state

in achieving the following goals:

a. reducing mismanagement in the administration of such program,

detecting fraudulent practices, and helping identify policies or

conditions that will reduce or deter fraud;

b. promoting efficiency in local district determinations of

eligibility for public assistance and care and other programs supervised

by the department, to expedite such determinations and to reduce

unauthorized or excessive payments;

c. achieving compliance with federal laws and regulations and

maximizing utilization of federal funds;

d. improving data collection and retention techniques and developing

uniform reporting forms and procedures;

e. initiating implementation of such a system for districts other than

the district comprising the city of New York, in a manner compatible

with expansion of such system to the district comprising the city of New

York;

f. being developed and implemented in each social services district,

to the extent possible consistent with statewide uniformity, in a manner

compatible with maximum utilization of existing data processing systems

and capabilities of such district and with minimum local participation

by such district in administrative expenditures directly attributable to

the design and implementation of such system; and

g. achieving such other goals consistent with this chapter and other

laws as are desirable for improving the administration of such programs.

2. The department shall promulgate regulations, specifying the types

of information to be collected and transmitted by each social services

district to the department, the methods for collection and transmittal

of such information, and the procedures for utilization by social

services districts of the data maintained by the welfare management

system. Any such regulations shall be published for comment at least

thirty days in advance of their promulgation and shall be filed with the

secretary of state at least sixty days in advance of the effective date

of any such requirement.

3. Information relating to persons applying for or receiving benefits

under programs pursuant to this chapter shall be considered confidential

and shall not be disclosed to persons or agencies other than those

considered entitled to such information in accordance with section one

hundred thirty-six of this chapter, when such disclosure is necessary

for the proper administration of such programs.

4. The commissioner of labor and his or her designees shall be

entitled to access to the welfare management system and the information

contained therein for the purpose of administration of the programs for

public assistance recipients set forth in title nine-B of article five

of this chapter. Use of the information relating to persons applying

for or receiving benefits under such programs by the department of labor

will be in accordance with the provisions of this chapter.

5. The commissioner of health and his or her designees shall be

entitled to access to the welfare management system and the information

contained therein for the purpose of administration of the program of

medical assistance for needy persons set forth in title eleven of

article five of this chapter. Use of the information relating to

persons applying for or receiving benefits under such program by the

department of health will be in accordance with the provisions of

section one hundred thirty-six of this chapter.

6. By no later than forty-five days following the end of each calendar

quarter after the second quarter of calendar year nineteen hundred

seventy-six, the department shall, until full implementation has been

achieved in all social services districts, report to the governor and

the legislature regarding the current status of the welfare management

system, summarizing the progress achieved during the previous quarter

and the anticipated major achievements of the succeeding two calendar

quarters. The report shall include the current and anticipated overall

expenditure and staffing levels for functions relating to the system,

and shall specify each district affected or anticipated to be affected

during the succeeding two calendar quarters and summarize the manner in

which each such district is, or is anticipated to be, affected.

7. (a) The full cost of expenditures by the state for the design,

development and implementation of the welfare management system shall be

borne by the state, utilizing any federal funds made available for such

purposes. Social services districts shall not be responsible for

participating in state expenditures for any of the following:

acquisition, installation, maintenance and operation of a state

computer; acquisition, installation and maintenance of the

telecommunications network and equipment; development and provision of

state mandated forms; modification of existing data processing

operations determined by the department to be necessary to assure

systems compatibility; and development and provision of training

materials and equipment, and costs of staff for training provided by the

state.

(b) Expenditures by a social services district for data entry

operators determined necessary by the department during the period of

conversion to full operation of the welfare management system for such

district shall be subject to reimbursement by the state in accordance

with section one hundred fifty-three of this chapter to the extent of

one hundred percentum of such expenditures after first deducting

therefrom any federal funds properly received or to be received on

account of such expenditures.

(c) Expenditures by a social services district other than those set

forth in this section shall be subject to state reimbursement as

administrative costs in accordance with section one hundred fifty-three

of this chapter to the extent of fifty percentum thereof, after first

deducting therefrom any federal funds properly received or to be

received on account of such expenditures.

(d) The department is hereby authorized to enter into written

agreements, subject to the approval of the director of the budget, with

not more than three social services districts by which such districts

agree to undertake additional administrative functions relating to

design, development and testing of the welfare management system,

subject to one hundred percent state reimbursement for administrative

costs attributable to such functions, after first deducting therefrom

any federal funds properly received or to be received on account of such

expenditures.

8. The department may enter into the case file of each applicant for

or recipient of benefits under the programs of food stamps, aid to

dependent children, home relief, veteran assistance, emergency

assistance to adults, or medical assistance for whom a case file has

been established on the welfare management system information it

receives from the appropriate governmental agency concerning a client

who has applied for or has been determined to be eligible for workers'

compensation benefits, unemployment insurance benefits, and benefits

being paid pursuant to titles two and sixteen of the federal social

security act (including supplemental state payments). The department may

rebudget any case for which it makes an entry where the information

received indicates that rebudgeting is appropriate. The department

shall immediately notify the appropriate social services district that

an applicant or recipient's case has been rebudgeted or of any other

direct entry of information into a case file. A social services

district shall not be held responsible for any costs incurred as a

result of data erroneously entered by the department into the welfare

management system.