N.Y. Social Services Law § 62: Responsibility for public assistance and care

§ 62. Responsibility for public assistance and care. 1. Subject to

reimbursement in the cases hereinafter provided for, each public welfare

district shall be responsible for the assistance and care of any person

who resides or is found in its territory and who is in need of public

assistance and care which he is unable to provide for himself.

5. This section is subject to the following exceptions:

(a) Notwithstanding any other provisions of this chapter, in the event

a recipient removes from one to another social services district in the

state, a social services official administering safety net assistance or

family assistance to such recipient shall continue such assistance for

such recipient for a period ending on the last day of the calendar month

next succeeding the calendar month in which such removal occurred,

provided such recipient is otherwise eligible for such assistance and

has not become a recipient of public assistance in the district to which

he or she has removed.

(a-1) Notwithstanding any other provisions of this chapter, in the

event a recipient removes from one to another social services district

in the state, a social services official administering medical

assistance to such recipient shall continue such assistance for a period

ending on the last day of the calendar month next succeeding the

calendar month in which such removal is reported by the recipient to the

social services district, provided that the recipient: has informed the

district of his or her new address and any material changes in

circumstances affecting medical assistance eligibility; is otherwise

eligible for medical assistance; and has not become a recipient of

medical assistance in the district to which he or she has removed. After

the last day of the calendar month next succeeding the calendar month in

which such removal is reported, the recipient shall be eligible without

further application for medical assistance administered by the social

services district to which the recipient has removed. Continued

provision of medical assistance under this paragraph is dependent on the

recipient meeting all applicable requirements of titles eleven and

eleven-D of article five of this chapter. This paragraph shall not apply

to a recipient who is institutionalized in a medical facility and who

removes from one social services district to another district in the

state.

(b) If a public welfare district, town or city provides care for a

person in a family home, boarding home, nursing home, convalescent home,

hospital or institution outside of its territory and pays for such care

directly or through a grant made to the recipient, the public welfare

district, town or city making such provision shall continue to be

responsible for payment for such care as long as the recipient is in

need thereof. In the event any other type of public assistance and care

is needed by a person receiving such care, it shall be furnished and

paid for by the public welfare district, town or city which would be

responsible for such required assistance and care if such person had

remained in the territory of the district, town or city making such

provision; the public welfare district, town or city making such

provision shall likewise be responsible for the care, removal and burial

of the body of any such person who shall die, and the expense thereof.

The public welfare district, town or city which, pursuant to the

provisions of this paragraph, is providing public assistance and care

for the mother of an infant, on the date of birth of such infant, shall

be responsible for providing public assistance or care required by such

infant on and after the date of his birth; and such public welfare

district, town or city shall be deemed to have made provision for the

care of such infant outside of its territory.

When a child who has been cared for away from his own home by or on

behalf of a public welfare district, pursuant to title two of article

six or other provisions of this chapter, the family court act of the

state of New York, or other provisions of law, is discharged, pursuant

to law, to his parents or parent, brother, sister, uncle, aunt or legal

guardian, who are or is then residing outside the territory of such

public welfare district, such discharge shall terminate the

responsibility of such public welfare district to furnish public

assistance and care for such child pursuant to this paragraph; and upon

such discharge it shall become the responsibility of the public welfare

district wherein such child is thereafter to reside with his relative or

legal guardian to provide necessary public assistance and care for him

as in the case of any other child residing therein.

The provisions of this paragraph shall not be deemed to authorize or

empower towns or cities of a county public welfare district to exercise

responsibilities with relation to public assistance and care

inconsistent with the responsibilities imposed or conferred on them by

other provisions of this chapter.

(c) When a person with a mental illness or developmental disability is

in need of public assistance or care while on convalescent status or

community status from a state hospital or institution under the

provisions of section 29.15 of the mental hygiene law, the public

welfare district, town or city from which he was admitted to such

hospital or institution shall be responsible for providing and paying

for such assistance or care as in the case of other persons requiring

public assistance and care, except that such responsibility shall

continue during any period such person is on convalescent status or

community status outside the territory of such public welfare district,

town or city and shall continue thereafter in accordance with the

provisions of this paragraph and paragraph (b) of this subdivision if

such person was receiving or should have been receiving public

assistance or care from such public welfare district, town or city

outside its territory at the time he was discharged from such

convalescent status or community status.

(d) When a person, either upon admission to a hospital, nursing home,

intermediate care facility, adult home, enriched housing program or

residence for adults located in a social services district other than

the district in which he was then residing, or while in such hospital,

nursing home, intermediate care facility, adult home, enriched housing

program or residence for adults, is or becomes in need of medical

assistance, the social services district from which he was admitted to

such hospital, nursing home, intermediate care facility, adult home,

enriched housing program or residence for adults shall be responsible

for providing such medical assistance for so long as such person is

eligible therefor. If while such person is receiving care in such

hospital, nursing home, intermediate care facility, adult home, enriched

housing program or residence for adults or when discharged therefrom, is

in need of any other type of public assistance or care, the social

services district, town or city from which the person was admitted to

such hospital, nursing home, intermediate care facility, adult home,

enriched housing program or residence for adults shall be responsible

for providing and paying for such public assistance or care as in the

case of other persons requiring public assistance and care in its

territory, and such responsibility shall continue thereafter in

accordance with the provisions of this paragraph and paragraph (b) of

this subdivision if such person was receiving or should have been

receiving public assistance or care from such social services district,

town or city; such social services district, town or city shall likewise

be responsible for the care, removal or burial of the body of any such

person who shall die, and for the expense thereof. The provisions of

this paragraph shall likewise be applicable to the care of an eligible

person who, while temporarily absent from the social services district

in which he then resided, was admitted to a hospital or nursing home in

another social services district prior to the effective date hereof.

(e) A public welfare district which provides medical assistance for

needy persons pursuant to the provisions of title eleven of article five

of this chapter, shall not charge back any part of the cost of such

assistance to another public welfare district.

(f) (1) The social services district in which a victim of domestic

violence, as defined in article six-A of this chapter, was residing at

the time of the alleged domestic violence shall be responsible, in

accordance with section one hundred thirty-one-u of this chapter, for

the cost of emergency shelter and care provided to such victim and his

or her minor children at a residential program for victims of domestic

violence, as defined in article six-A of this chapter, whether or not

such program is located in the social services district or in another

social services district if such victim:

a. was receiving public assistance at the time of entry to the program

or

b. applies for public assistance and care during the time the victim

was residing in such program.

(2) The social services district to which such application is

submitted shall forward the completed application to the district in

which the victim resided at the time of the alleged domestic violence.

(3) Responsibility for the cost of shelter and care pursuant to this

paragraph shall be limited to the period during which the victim and his

or her children, if any, reside in such program. Responsibility for

public assistance and care for any period after termination of such

residency shall be determined pursuant to other provisions of this

section.

(g) (1) When a person applies for medical parole, and is in need of

public assistance, including medical assistance, the department of

corrections and community supervision shall cause an application for

such assistance to be forwarded to the department of social services.

(2) Upon receipt of an application for public assistance, including

medical assistance, forwarded by the department of corrections and

community supervision for persons meeting the conditions of medical

parole, financial eligibility for such assistance and care shall be

determined by the New York state department of social services prior to

the person's parole.

(3) Determination of continuing eligibility for public assistance,

including medical assistance, and care will be the responsibility of the

social services district into which such person is released.

(4) Any inconsistent provision of this chapter or other law

notwithstanding, when a person is released on medical parole pursuant to

section two hundred fifty-nine-r or two hundred fifty-nine-s of the

executive law and is in need of public assistance, including medical

assistance, the social services district in which such person was

convicted and from which he or she was committed to the custody of the

department of corrections and community supervision shall be responsible

for the administrative costs of the initial and any subsequent

eligibility determination and the costs of any public assistance,

including medical assistance, following such persons release on medical

parole for so long as such person is eligible therefor.

6. Homeless children. (a) Notwithstanding any other provision of law

to the contrary, the social services district which provides assistance

or services to a homeless child in temporary housing located outside the

school district of origin shall notify the commissioner of education,

the school district of origin and the school district designated by the

child, parent or person in parental relation pursuant to subdivision two

of section thirty-two hundred nine of the education law within five days

of such designation as the school district which such child shall attend

upon instruction. Such notice shall include the name of the child, the

name of the parent or person in parental relation to the child, if any,

the name and location of the temporary housing arrangement, the name of

the school district of origin and any other information required by the

commissioner of education.

(b) For the purposes of this subdivision the terms "homeless child",

and "school district of origin" shall be as defined in section

thirty-two hundred nine of the education law.

(c) A social services district shall provide for the transportation of

each homeless child who is eligible for benefits pursuant to section

three hundred fifty-j of this chapter to and from a temporary housing

location in which the child was placed by the social services district

and the school attended by such child pursuant to section thirty-two

hundred nine of the education law, if such temporary housing facility is

located outside of the designated school district pursuant to paragraph

a of subdivision two of section thirty-two hundred nine of the education

law. A social services district shall be authorized to contract with a

board of education or a board of cooperative educational services for

the provision of such transportation. This paragraph shall apply to

placements made by a social services district without regard to whether

a payment is made by the district to the operator of the temporary

housing facility.

7. The provisions of subdivision five of this section shall not apply

with respect to the medical assistance eligibility of persons described

in subparagraph two of paragraph (a) of subdivision one of section three

hundred sixty-six of this chapter.