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.