N.Y. Social Services Law § 211: Agreements for federal administration

§ 211. Agreements for federal administration. 1. The department is

hereby authorized, on behalf of the state, to enter into an agreement

with the secretary of the federal department of health, education and

welfare whereby the secretary agrees to administer the state's program

of additional state payments, including determining the eligibility of

individuals and couples for such payments.

2. Any such agreement may authorize the secretary to make additional

state payments on behalf of the state to persons found eligible for such

payments pursuant to the provisions of this title, in amounts authorized

by the provisions of this title, and shall contain conditions of

eligibility for such additional state payments, including the

requirement of current residence and amounts of earned or unearned

income to be disregarded in determining eligibility, in accordance with

the provisions of this title, regulations of the department and federal

law and regulations.

3. Any such agreement shall provide that the state will pay to the

secretary: (a) the amount the secretary expends for additional state

payments without regard to the secretary's cost of administering such

payments, which amount shall not exceed the amount of expenditures made

by the state and by social services districts for aid to aged, blind and

disabled persons during the calendar year nineteen hundred seventy-two,

less any federal funds properly received on account thereof; and (b) the

amount the secretary expends for additional state payments for any

individual which are in excess of the difference between the adjusted

payment level under the state's program of old age assistance,

assistance to the blind or aid to the disabled in January, nineteen

hundred seventy-two and the amount of such individual's supplemental

security income benefit. For purposes of this subdivision, "adjusted

payment level" shall mean the amount of the cash grant under the

appropriate state program of old age assistance, assistance to the

blind, aid to the disabled or the combined program of aid to aged, blind

and disabled persons, to individuals receiving grants under any such

program, who had no other income, for the month of January, nineteen

hundred seventy-two, plus an amount not greater than the bonus value of

food stamps allotted to such individuals in such month, so long as

federal law and regulations permit the inclusion of such amount.

4. The department is authorized on behalf of the state, with the

approval of the director of the budget, to agree to modification of the

agreement, or to terminate the agreement, if it is fiscally advantageous

to the state to so act. Any modification of the agreement which is

contrary to the provisions of this title shall be effective only until

the first day of July of the year next succeeding the year in which such

modification is to take effect, unless the substance of such

modification is enacted into law prior to such date. For the purposes

of section one hundred one-a of the executive law, any such modification

or termination of the agreement shall be considered the adoption of a

rule, as defined in such section.

5. The department is authorized, on behalf of the state, to enter into

an agreement with the secretary of the federal department of health and

human services for the purpose of obtaining reimbursement for safety net

assistance or any other payments made from state or local funds

furnished for basic needs for any month to or on behalf of persons who

subsequently are determined eligible to receive supplemental security

income payments for such month. Notwithstanding any law to the contrary,

the department is authorized to condition eligibility for any program

providing such payments upon the individual's execution of a written

authorization allowing the secretary of the federal department of health

and human services to pay to the social services district the amount of

supplemental security income due at the time the individual becomes

eligible.