N.Y. Comp. Codes R. & Regs. tit. 18 § 311.3

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

Section 311.3 - New York State recipients who change residence

(a)

(1) When a recipient in receipt of home relief or aid to dependent children removes from one social services district to another district within the State, the social services official administering such aid, including medical assistance to such recipient, shall continue to provide such assistance for a period ending on the last day of the calendar month next succeeding the calendar month in which the recipient moved, provided the recipient continues to be eligible for such assistance. The former district of residence shall not continue to grant assistance when the recipient takes up residence outside the State.

(2) When a recipient of medical assistance only removes from one social services district to another district within the State, the social services official administering medical assistance only, may continue to administer medical assistance to such person for a period not to extend beyond the last day of the calendar month next succeeding the calendar month in which such removal occurred, provided such person is otherwise eligible for such assistance and has not become a recipient of public assistance or care in the district to which he has removed.

(3) When a family receiving transitional child care moves from one social services district to another district within the State, the new social services district of residence is responsible for payments for transitional child care beginning with the second full month that the family has lived in that district, provided the recipient continues to be eligible for such child care. The former social services district is obligated to continue payment for transitional child care during the month the family moves to a different district, and the first full month following the month of such move.

(b) The new district of residence shall provide necessary service for the former district of residence and emergency assistance to the recipient in accordance with instructions issued by the department.

(c) When an inter-district jurisdictional dispute exists relating to an otherwise eligible applicant for public assistance or medical assistance, either district may request a fair hearing to determine the district of responsibility, and the decision shall be binding upon both districts.

(1) The district in which the applicant is found shall be responsible to arrange, provide and pay for public assistance and care during the period pending resolution of the inter-district jurisdictional dispute; and shall be reimbursed for all expenditures authorized in behalf of the applicant by the district subsequently determined responsible for the provision of assistance and care.

(2) A fair hearing shall be initiated by sending written notice to the other district and to the department, including a brief statement of fact and law upon which the determination of responsibility was based.

(3) A fair hearing may be requested by a district receiving a notice pursuant to this subdivision by requesting same in writing to the department within 30 days of the date of the notice.

(4)

(i) On receipt of a request for a fair hearing pursuant to this subdivision the department shall notify both districts of the date and place of the hearing, said notice to be given at least six working days prior to the date of the hearing.

(ii) In the event any district given notice pursuant to this section fails or refuses to request or attend a fair hearing, the department shall issue a decision based upon the notice and other documents submitted by a district, and such decision shall be binding upon both districts.

(5) The district which is responsible during the interim period described in paragraph (1) of this subdivision shall not be denied reimbursement by the district ultimately held responsible for assistance and care rendered after notification to the liable district so long as the district of interim responsibility exercised reasonable care in determining client eligibility and making payment, notwithstanding the fact that procedures used by the district ultimately responsible for the cost of assistance and care would have resulted in an initial denial of or lowering of payment.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 311.3