New York Access To Public Insurance Coverage Information.
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§ 1069 Access to public insurance coverage information. a. Pursuant
to the provisions of this section, each agency designated as a
participating agency under the provisions of this section shall
implement and administer a program of distribution of the public health
insurance program options pamphlet published by the department of health
and mental hygiene pursuant to section 17-183 of the administrative code
of the city of New York. The following offices are hereby designated as
participating agencies: the administration for children's services, the
board of education, the city clerk, the commission on human rights, the
department for the aging, the department of correction, the department
of employment, the department of homeless services, the department of
housing preservation and development, the department of juvenile
justice, the department of health and mental hygiene, the department of
probation, the department of social services/human resources
administration, the taxi and limousine commission, the department of
youth and community development, the office to combat domestic violence,
and the office of immigrant affairs; provided, however, that the
department of health and mental hygiene, as it deems appropriate, may
designate additional agencies to be participating agencies.
b. Participating agencies shall be required to: (i) distribute such
public health insurance program options pamphlet to all persons
requesting a written application for services, renewal or
recertification of services or request for a change of address relating
to the provision of services by such agency; provided, however, that
this section shall not apply to services that must be provided to
prevent actual or potential danger to the life, health or safety of any
individual or to the public; (ii) include a public health insurance
program options pamphlet with any agency communication sent through the
United States mail for the purpose of supplying an individual with a
written application for services, renewal or recertification of services
or with a request for a change of address form relating to the provision
of services by such agency; and (iii) provide an opportunity for an
individual requesting a written application for services, renewal or
recertification for services or change of address form relating to the
provision of services by such agency via the Internet to request a
public health insurance program options pamphlet, and provide such
pamphlet, by United States mail or an Internet address where such
pamphlet may be viewed or downloaded, to any person who indicates via
the Internet that they wish to be sent a public health insurance program
options pamphlet; provided, however, that the taxi and limousine
commission shall only be required to distribute the public health
insurance program options pamphlet to those persons applying for or
renewing a driver's license or vehicle license as those terms are
defined in section 19-502 of this code; and provided further, that the
board of education shall be required only to ensure that the public
health insurance program options pamphlet is distributed to those
individuals who appear in person to register a child in the public
school system.
c. Participating agencies shall ensure that the employees of such
agency do not make any statement to an applicant for services or client
or take any action the purpose or effect of which is to lead the
applicant or client to believe that a decision to request public health
insurance or a public health insurance program options pamphlet has any
bearing on their eligibility to receive or the availability of services
or benefits provided by such agency.
d. Each participating agency shall request that any contractor of such
agency operating pursuant to a contract which (i) is in excess of two
hundred and fifty thousand dollars and (ii) requires such contractor to
supply individuals with a written application for, or written renewal or
recertification of services, or request for change of address form in
the daily administration of their contractual obligation to such
participating agency, fulfill the obligations of participating agencies
under this section.
e. Each participating agency may establish procedures as they deem
necessary to implement the local law that added this section. The
commissioner or head of a participating agency, with the concurrence of
the commissioner of the department of health and mental hygiene, may
exclude a program in whole or in part from the requirements of this
section upon determining that the inclusion of such a program would not
substantially further the purpose of the local law that added this
section. The commissioner or head of each participating agency that
administers programs receiving funds under the workforce investment act
of 1998, as codified at 29 U.S.C. § 2801 et seq., shall, with the
concurrence of the commissioner of the department of health and mental
hygiene, determine which workforce investment act offices providing
workforce development services, including core and intensive services or
substantive training funded in whole or in part by the city's share of
funds provided under such workforce investment act, shall be required to
fulfill the obligations of participating agencies under this section;
such determination shall be based upon whether the inclusion of such
offices would substantially further the purpose of the local law that
added this section. A copy of each determination made pursuant to this
subdivision shall be forwarded to the council and the mayor within
thirty days of such determination.