New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 1 - Determination of Eligibility-General
Part 355 - Information Pamphlets; Notification Of Decisions
Section 355.3 - Notification of local department decisions- all programs except SSI and MA
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 355.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Notification to applicants. Each applicant for ADC, ADC-U, ADC-FC, EAF, EAA, HR or VA shall be notified in writing of the local department decision on his application. Each applicant for institutional care for adults shall be notified either in writing or in an interview of the local department decision on his application.
(1) Notification of acceptance.
(i) When an application is accepted for ADC,
ADC-U, ADC-FC, EAF, EAA, HR or VA and a grant is to be made to the applicant,
the letter of notification shall state the amount of the grant and the date the
check may be expected; contain information on the program and on the right of
appeal; and include an explanation of the budget on which the grant was
based.
(ii) When an application is
accepted for care in a congregate care facility, the applicant shall be
notified by letter or interview that the care has been approved and the
controlling conditions including any plans for partial payment or repayment
under which such care is approved.
(2) Notification of denial.
(i) When an application for ADC, ADC-U,
ADC-FC, EAF, EAA, HR or VA is denied, the letter of notification shall state
adequately and clearly the reasons for denial. The letter shall include a
statement informing the applicant of his right of appeal to and a hearing
before the State department.
(ii)
When an application for care in a congregate care facility is denied, the
notification, whether by letter or interview, shall state adequately and
clearly the reasons for the denial. A notice, where appropriate, shall also be
sent to the facility giving care and to a person requesting assistance or care
in behalf of the applicant.
(iii)
When an application for HR is denied under the provisions of section 139-a of the Social Services Law, the
letter of notification shall state clearly the reasons for denial and shall
include a statement informing the applicant of his right of appeal to and a
hearing before the State department.
(iv) When an applicant is found to be in need
but not to meet the special eligibility requirements of a Federal category he
shall be informed of this fact in order that he may apply for the form of
assistance for which eligible. Similarly when an applicant for a noncategorical
program of assistance is found to meet the special eligibility requirements of
a Federal category he shall be informed of this fact in order that he may apply
for the special form of assistance.
(3) Withdrawal of application. When an
application is withdrawn, the reasons therefor shall be recorded in the case
record. The applicant may be notified of the termination of his application in
order to confirm the local department's understanding of his decision to
withdraw his application.
(b) Notification to recipients. Each recipient of ADC, ADC-U, ADC-FC, EAF, EAA, HR or VA shall be notified in writing of any change in the grant or care, or of the discontinuance of the grant or care. Each recipient of care in a congregate care facility shall be notified either in writing or in an interview of any change in the grant or care, including the form or manner of payment, or the discontinuance of the grant or care.
(1) Notification of change in
grant or care.
(i) When a change in the grant
or the care approved is made for a recipient of ADC, ADC-U, ADC-FC, EAF, EAA,
HR or VA, the letter of notification shall state the nature of the change
including the amount of the new cash grant where appropriate, the effective
date, the reason for the change and give assurance of an opportunity to discuss
the change. The recipient shall be notified of his right of appeal and fair
hearing and given a pamphlet or appropriate information.
(ii) When any changes occur which effect the
conditions under which continued care is approved for recipients of care in a
congregate care facility a notice of such change shall be given to both the
recipient and the facility providing care.
(2) Notification of discontinuance of grant
or care.
(i) When discontinuance of a grant or
care occurs, the recipient of ADC, ADC-U, ADC-FC, EAF, EAA, HR or VA shall
receive a written notification which states the effective date, the reason
therefor, the appropriate information or pamphlet and the opportunity to
discuss the discontinuance. He shall be informed of his right of appeal and
fair hearing and given a pamphlet or appropriate information.
(ii) Each recipient of care in a congregate
care facility shall be notified of the discontinuance of care at public expense
and the reasons therefor. A facility giving care shall be notified of the
discontinuance and the effective date thereof.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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