New York S 3582: Relates to recovery of overpayment of certain assistance; repealer

Bill Text

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S03582 Summary:

BILL NOS03582 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRIVERA

&nbsp

COSPNSRHOYLMAN-SIGAL, JACKSON, KAVANAGH, SEPULVEDA

&nbsp

MLTSPNSR

&nbsp

Amd §§104 & 106-b, rpld §158 sub 7, Soc Serv L; add §§3012-c, 3202 & 213-e, CPLR

&nbsp

Implements additional restrictions on actions to recover overpayment of certain assistance.

Go to top S03582 Actions:

BILL NOS03582 

&nbsp

01/28/2025REFERRED TO SOCIAL SERVICES

04/29/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO SOCIAL SERVICES

Go to topS03582 Committee&nbspVotes:

Go to topS03582 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03582 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3582

 2025-2026 Regular Sessions

 IN SENATE

 January 28, 2025
 ___________

 Introduced by Sens. RIVERA, HOYLMAN-SIGAL, JACKSON, KAVANAGH, SEPULVEDA
 -- read twice and ordered printed, and when printed to be committed to
 the Committee on Social Services

 AN ACT to amend the social services law and the civil practice law and
 rules, in relation to recovery of overpayment of certain assistance;
 and to repeal certain provisions of the social services law related
 thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 104 of the social services law, subdivision 1 as
 2 amended by chapter 573 of the laws of 1964, subdivision 2 as amended by
 3 chapter 909 of the laws of 1974, subdivision 3 as added by chapter 433
 4 of the laws of 1993 and subdivision 4 as added by chapter 340 of the
 5 laws of 2003, is amended to read as follows:
 6 § 104. Recovery from a person discovered to have property. 1. For
 7 purposes of this section:
 8 (a) "Overpayment" shall include erroneous payments made to an eligible
 9 person in excess of the recipient's needs as defined in this chapter and
 10 erroneous payments made to ineligible persons, including but not limited
 11 to, payments made to such persons pending a fair hearing decision.
 12 (b) "Recipient" shall mean any individual who is currently receiving
 13 or at one time received assistance or care as pursuant to the provisions
 14 of this title.
 15 2. A public welfare official may bring an action or proceeding in a
 16 court of competent jurisdiction against a [person] recipient who is
 17 discovered to have real or personal property, which resulted in an over-
 18 payment to the recipient, or against the estate or the executors, admin-
 19 istrators and successors in interest of a person who dies leaving real
 20 or personal property, [if such person, or any one for whose support he
 21 is or was liable, received assistance and care during the preceding ten
 22 years, and] and there has been an overpayment to the recipient. The
 23 public welfare official shall be entitled to recover up to the value of
 24 such property which cause the assistance or care to constitute an over-
 25 payment to the recipient or the cost of such assistance or care, which-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08010-01-5

 S. 3582 2

 1 ever is lower. [Any public assistance or care received by such person
 2 shall constitute an implied contract. No claim of a public welfare offi-
 3 cial against the estate or the executors, administrators and successors
 4 in interest of a person who dies leaving real or personal property,
 5 shall be barred or defeated, in whole or in part, by any lack of suffi-
 6 ciency of ability on the part of such person during the period assist-
 7 ance and care were received.
 8 Nor shall the claim asserted by a public welfare official against any
 9 person under this section be impaired, impeded, barred or defeated, in
 10 whole or in part, on the grounds that another person or persons may also
 11 have been liable to contribute.]
 12 In all claims of the public welfare official made under this section
 13 the public welfare official shall be deemed a preferred creditor.
 14 [2. No] 3. The public welfare official shall not bring an action or
 15 proceeding under this section if excess payments or payments made to the
 16 person were made due to agency or contractor error, including but not