2012 New York Consolidated Laws
SOS - Social Services
Article 5 - ASSISTANCE AND CARE
Title 6 - (207 - 212) ADDITIONAL STATE PAYMENTS FOR ELIGIBLE AGED, BLIND AND DISABLED PERSONS
211 - Agreements for federal administration.

 
    §  211.  Agreements for federal administration.  1.  The department is
  hereby authorized, on behalf of the state, to enter  into  an  agreement
  with  the  secretary  of the federal department of health, education and
  welfare whereby the secretary agrees to administer the  state's  program
  of  additional  state payments, including determining the eligibility of
  individuals and couples for such payments.
    2.  Any such agreement may authorize the secretary to make  additional
  state payments on behalf of the state to persons found eligible for such
  payments pursuant to the provisions of this title, in amounts authorized
  by  the  provisions  of  this  title,  and  shall  contain conditions of
  eligibility  for  such  additional   state   payments,   including   the
  requirement  of  current  residence  and  amounts  of earned or unearned
  income to be disregarded in determining eligibility, in accordance  with
  the  provisions of this title, regulations of the department and federal
  law and regulations.
    3.  Any such agreement shall provide that the state will  pay  to  the
  secretary:    (a)  the amount the secretary expends for additional state
  payments without regard to the secretary's cost  of  administering  such
  payments,  which amount shall not exceed the amount of expenditures made
  by the state and by social services districts for aid to aged, blind and
  disabled persons during the calendar year nineteen hundred  seventy-two,
  less any federal funds properly received on account thereof; and (b) the
  amount  the  secretary  expends  for  additional  state payments for any
  individual which are in excess of the difference  between  the  adjusted
  payment   level  under  the  state's  program  of  old  age  assistance,
  assistance to the blind or aid to  the  disabled  in  January,  nineteen
  hundred  seventy-two  and  the  amount of such individual's supplemental
  security income benefit.  For purposes of  this  subdivision,  "adjusted
  payment  level"  shall  mean  the  amount  of  the  cash grant under the
  appropriate state program of  old  age  assistance,  assistance  to  the
  blind, aid to the disabled or the combined program of aid to aged, blind
  and  disabled  persons,  to  individuals receiving grants under any such
  program, who had no other income, for the  month  of  January,  nineteen
  hundred  seventy-two, plus an amount not greater than the bonus value of
  food stamps allotted to such individuals  in  such  month,  so  long  as
  federal law and regulations permit the inclusion of such amount.
    4.  The  department  is  authorized  on  behalf of the state, with the
  approval of the director of the budget, to agree to modification of  the
  agreement, or to terminate the agreement, if it is fiscally advantageous
  to  the  state  to  so  act.  Any modification of the agreement which is
  contrary to the provisions of this title shall be effective  only  until
  the first day of July of the year next succeeding the year in which such
  modification   is   to   take  effect,  unless  the  substance  of  such
  modification is enacted into law prior to such date.   For the  purposes
  of section one hundred one-a of the executive law, any such modification
  or  termination  of  the agreement shall be considered the adoption of a
  rule, as defined in such section.
    5. The department is authorized, on behalf of the state, to enter into
  an agreement with the secretary of the federal department of health  and
  human services for the purpose of obtaining reimbursement for safety net
  assistance  or  any  other  payments  made  from  state  or  local funds
  furnished for basic needs for any month to or on behalf of  persons  who
  subsequently  are  determined  eligible to receive supplemental security
  income payments for such month. Notwithstanding any law to the contrary,
  the department is authorized to condition eligibility  for  any  program
  providing  such  payments  upon  the individual's execution of a written
  authorization allowing the secretary of the federal department of health
  and human services to pay to the social services district the amount  of

  supplemental  security  income  due  at  the time the individual becomes
  eligible.