2012 New York Consolidated Laws
SOS - Social Services
Article 2 - (5 - 40) DEPARTMENT AND STATE BOARD OF SOCIAL WELFARE
21 - Welfare management system.

 
    §  21.  Welfare  management system. 1. The department shall design and
  implement  a  welfare  management  system  which  shall  be  capable  of
  receiving,  maintaining  and  processing information relating to persons
  who have applied for or been determined eligible for benefits under  any
  program  for which the department has supervisory responsibilities under
  this chapter, for the purpose of providing individual and aggregate data
  to such districts to assist them in  making  eligibility  determinations
  and  basic  management  decisions,  to  the  department  to assist it in
  supervising the local  administration  of  such  programs,  and  to  the
  governor  and  the  legislature  as may be necessary to assist in making
  major administrative and policy decisions affecting such programs.  Such
  system  shall  be designed so as to assist local districts and the state
  in achieving the following goals:
    a. reducing mismanagement  in  the  administration  of  such  program,
  detecting   fraudulent  practices,  and  helping  identify  policies  or
  conditions that will reduce or deter fraud;
    b.  promoting  efficiency  in   local   district   determinations   of
  eligibility for public assistance and care and other programs supervised
  by  the  department,  to  expedite  such  determinations  and  to reduce
  unauthorized or excessive payments;
    c.  achieving  compliance  with  federal  laws  and  regulations   and
  maximizing utilization of federal funds;
    d.  improving  data collection and retention techniques and developing
  uniform reporting forms and procedures;
    e. initiating implementation of such a system for districts other than
  the district comprising the city of New York,  in  a  manner  compatible
  with expansion of such system to the district comprising the city of New
  York;
    f.  being  developed and implemented in each social services district,
  to the extent possible consistent with statewide uniformity, in a manner
  compatible with maximum utilization of existing data processing  systems
  and  capabilities  of such district and with minimum local participation
  by such district in administrative expenditures directly attributable to
  the design and implementation of such system; and
    g. achieving such other goals consistent with this chapter  and  other
  laws as are desirable for improving the administration of such programs.
    2.  The  department shall promulgate regulations, specifying the types
  of information to be collected and transmitted by each  social  services
  district  to  the department, the methods for collection and transmittal
  of such information,  and  the  procedures  for  utilization  by  social
  services  districts  of  the  data  maintained by the welfare management
  system. Any such regulations shall be published  for  comment  at  least
  thirty days in advance of their promulgation and shall be filed with the
  secretary  of state at least sixty days in advance of the effective date
  of any such requirement.
    3. Information relating to persons applying for or receiving  benefits
  under programs pursuant to this chapter shall be considered confidential
  and  shall  not  be  disclosed  to  persons or agencies other than those
  considered entitled to such information in accordance with  section  one
  hundred  thirty-six  of  this chapter, when such disclosure is necessary
  for the proper administration of such programs.
    4.   The commissioner of labor and  his  or  her  designees  shall  be
  entitled  to access to the welfare management system and the information
  contained therein for the purpose of administration of the programs  for
  public  assistance  recipients set forth in title nine-B of article five
  of this chapter.  Use of the information relating  to  persons  applying
  for or receiving benefits under such programs by the department of labor
  will be in accordance with the provisions of this chapter.

    5.    The  commissioner  of  health  and his or her designees shall be
  entitled to access to the welfare management system and the  information
  contained  therein  for  the purpose of administration of the program of
  medical assistance for needy  persons  set  forth  in  title  eleven  of
  article  five  of  this  chapter.    Use  of the information relating to
  persons applying for or receiving benefits under  such  program  by  the
  department  of  health  will  be  in  accordance  with the provisions of
  section one hundred thirty-six of this chapter.
    6. By no later than forty-five days following the end of each calendar
  quarter after the second  quarter  of  calendar  year  nineteen  hundred
  seventy-six,  the  department  shall, until full implementation has been
  achieved in all social services districts, report to  the  governor  and
  the  legislature  regarding the current status of the welfare management
  system, summarizing the progress achieved during  the  previous  quarter
  and  the  anticipated  major achievements of the succeeding two calendar
  quarters. The report shall include the current and  anticipated  overall
  expenditure  and  staffing  levels for functions relating to the system,
  and shall specify each district affected or anticipated to  be  affected
  during  the succeeding two calendar quarters and summarize the manner in
  which each such district is, or is anticipated to be, affected.
    7. (a) The full cost of expenditures by  the  state  for  the  design,
  development and implementation of the welfare management system shall be
  borne  by the state, utilizing any federal funds made available for such
  purposes.  Social  services  districts  shall  not  be  responsible  for
  participating   in   state   expenditures  for  any  of  the  following:
  acquisition,  installation,  maintenance  and  operation  of   a   state
  computer;    acquisition,    installation   and   maintenance   of   the
  telecommunications network and equipment; development and  provision  of
  state   mandated   forms;   modification  of  existing  data  processing
  operations determined by  the  department  to  be  necessary  to  assure
  systems   compatibility;  and  development  and  provision  of  training
  materials and equipment, and costs of staff for training provided by the
  state.
    (b)  Expenditures  by  a  social  services  district  for  data  entry
  operators  determined  necessary  by the department during the period of
  conversion to full operation of the welfare management system  for  such
  district  shall  be  subject to reimbursement by the state in accordance
  with section one hundred fifty-three of this chapter to  the  extent  of
  one  hundred  percentum  of  such  expenditures  after  first  deducting
  therefrom any federal funds properly  received  or  to  be  received  on
  account of such expenditures.
    (c)  Expenditures  by  a social services district other than those set
  forth in this  section  shall  be  subject  to  state  reimbursement  as
  administrative  costs in accordance with section one hundred fifty-three
  of this chapter to the extent of fifty percentum  thereof,  after  first
  deducting  therefrom  any  federal  funds  properly  received  or  to be
  received on account of such expenditures.
    (d)  The  department  is  hereby  authorized  to  enter  into  written
  agreements,  subject to the approval of the director of the budget, with
  not more than three social services districts by  which  such  districts
  agree  to  undertake  additional  administrative  functions  relating to
  design, development  and  testing  of  the  welfare  management  system,
  subject  to  one  hundred percent state reimbursement for administrative
  costs attributable to such functions, after  first  deducting  therefrom
  any federal funds properly received or to be received on account of such
  expenditures.
    8.  The  department may enter into the case file of each applicant for
  or recipient of benefits under the  programs  of  food  stamps,  aid  to

  dependent   children,   home   relief,   veteran  assistance,  emergency
  assistance to adults, or medical assistance for whom  a  case  file  has
  been  established  on  the  welfare  management  system  information  it
  receives  from  the  appropriate governmental agency concerning a client
  who has applied for or has been determined to be eligible  for  workers'
  compensation  benefits,  unemployment  insurance  benefits, and benefits
  being paid pursuant to titles two and  sixteen  of  the  federal  social
  security act (including supplemental state payments). The department may
  rebudget  any  case  for  which  it makes an entry where the information
  received indicates that rebudgeting  is  appropriate.    The  department
  shall  immediately  notify the appropriate social services district that
  an applicant or recipient's case has been rebudgeted  or  of  any  other
  direct  entry  of  information  into  a  case  file.   A social services
  district shall not be held responsible  for  any  costs  incurred  as  a
  result  of  data  erroneously entered by the department into the welfare
  management system.