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 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance
Subpart 358-4 - Rights And Obligations Of Social Services Agencies
Section 358-4.1 - Proposed actions
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 358-4.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A social services agency must review or cause to be reviewed any of the following intended actions to determine whether the action is correct based upon available evidence included in the applicant's or recipient's case record:
(1) proposed approval, denial,
discontinuance, suspension or reduction of a public assistance grant, medical
assistance authorization, food stamp benefits or services;
(2) proposed increase in a public assistance
grant, food stamp benefits, or a medical assistance spenddown;
(3) proposed change in the amount of one of
the items used to calculate a public assistance grant, food stamp benefits, or
a medical assistance spenddown;
(4)
proposed acceptance or denial of an application for HEAP benefits;
(5) proposed involuntary discharge of a
resident from a tier II facility as defined in Part 900 of this Title;
or
(6) proposed denial of an
exemption from work requirements pursuant to section
385.2
of this Title.
(b) Where it is determined that the intended action is correct after review, the social services agency must send to the applicant/recipient a notice which meets the requirements of section 358-3.3 of this Part.
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