N.Y. Social Services Law § 21-a: Electronic benefit transfer system

§ 21-a. Electronic benefit transfer system. Any electronic benefit

transfer system shall be implemented by the department on a statewide

basis and shall be administered pursuant to the provisions of this

section. For purposes of such electronic benefit transfer system, the

term "electronic benefit transfer" includes the use of a credit or debit

card service, automated teller machine, point-of-sale terminal, or

access to an online system for the withdrawal of funds or the processing

of a payment for merchandise or a service.

1. (a) Any contract entered into on behalf of local social services

districts for electronic benefit transfer services shall ensure that

there are a sufficient number of access points in each local social

services district to ensure an adequate distribution of such services.

Upon implementation of an electronic benefit transfer system in a local

social services district or in any political or other geographic

subdivision of such district, the department shall publish a list

identifying the number and location of access points within such

district or subdivision, and shall seek and accept public comment on the

adequacy of recipient access to electronic benefit transfer services

within such district or subdivision. The department shall seek to

maximize recipient access to electronic benefit transfer services by

working with the contractor to establish access points at a broad range

of businesses and community facilities including, but not limited to,

community centers, senior citizen centers, educational and job skills

training sites, and local housing authorities.

(b) Any electronic benefit transfer services for supplemental

nutrition assistance program (SNAP) benefits shall ensure that two

electronic benefit transfer credit or debit cards are issued for use by

any recipient household having more than one parent or guardian residing

in the household on a full-time basis, provided that at least two

parents or guardians residing in the household, or a combination

thereof, qualify for benefits pursuant to this chapter. No card shall be

issued to any person under the age of eighteen unless such person is a

parent or guardian of a minor child. The issuance of a second card shall

be consistent with federal requirements and is subject to the request

and approval by the head of household and shall not entitle the

recipients to any additional benefits. Benefit recipients shall not be

required to accept or utilize both cards. The department shall notify

existing and future benefit recipients of the availability of multiple

cards.

(c) Any interactive voice response system associated with an

electronic benefit transfer system which benefit recipients may call for

support or assistance shall include an option for benefit recipients to

cancel such benefit recipient's electronic benefit transfer card

permanently or lock or unlock such benefit recipient's electronic

benefit transfer card.

2. The department or the designated agent thereof shall utilize

appropriate materials and training to provide each recipient with

adequate instruction on the use of the electronic benefit transfer

system, which shall include, but not be limited to, the following:

(a) the types of transactions and services provided by means of an

electronic benefit transfer system, and any limitations thereon;

(b) the rights, responsibilities and liabilities applicable to

recipients that receive benefits by means of an electronic benefit

transfer system;

(c) the procedure for reporting the loss or theft of a system access

device, or any unauthorized transaction;

(d) the process for the replacement of a lost or stolen system access

device, and the procedure to access benefits, if needed, until such time

as such device can be replaced; and

(e) the procedure by which participants can access information about

their benefit account or accounts including, but not limited to, a

toll-free telephone number which would provide recipients with account

balances and transaction history.