N.Y. Comp. Codes R. & Regs. tit. 18 § 311.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 311.2 - New York State recipients who are temporarily absent from the district of administration

(a) State reimbursement will be allowed on grants to recipients of assistance to the blind, aid to dependent children or old age assistance who are temporarily absent from the district of residence as defined in the rules of the Board of Social Welfare [see Chapter I of this Title]. The administrative agency of the district of permanent residence shall meet any special needs such as need for medical care in a home or in a hospital, through provision of a special direct grant or through indirect payment. Verification of such special need shall be secured by direct contact with client and physician or hospital or by request from the public welfare official in the community where the recipient is temporarily under care. All arrangements and costs relating to the temporary absence of recipients shall be made in accordance with instructions issued by the department.

(b) State reimbursement will be allowed on grants of direct or indirect assistance made by the district of temporary residence (within the State) to or on behalf of recipients of AB, ADC or OAA only in the case of emergency hospitalization.

(c) Except for ADC, a regular grant may be continued during temporary absence without prior approval of the administrative agency regarding such absence. If, however, the recipient requests transportation, such request shall be granted in accordance with instructions issued by the department.

(d) The district of permanent residence is responsible for establishing need for continuing assistance during such temporary absence and for documenting such need in the case record in accordance with instructions issued by the department.

(e) When a recipient of ADC or SSI dies during the period of temporary absence within the State, the district of permanent residence must provide burial if the care falls within the provisions of paragraph (c) of subdivision 5 of section 62 of the Social Services Law. If not, the town, city or county where death occurs is responsible.

(f) Care may be provided in a hospital outside the State when appropriate medical facilities are not available within the district. If an out-of-state hospital is used, it is essential that prompt clearance be made with the area office concerning inspection and approval.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 311.2