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Bill > S04540
NY S04540
NY S04540Implements additional restrictions on actions to recover overpayment of certain assistance.
summary
Introduced
02/05/2021
02/05/2021
In Committee
05/02/2022
05/02/2022
Crossed Over
06/03/2022
06/03/2022
Passed
12/16/2022
12/16/2022
Dead
Vetoed
12/28/2022
12/28/2022
Introduced Session
2021-2022 General Assembly
Bill Summary
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
AI Summary
This bill implements additional restrictions on actions to recover overpayment of certain social services assistance. The key provisions are:
1. It defines "overpayment" and "recipient" for the purposes of recovery actions. 2. It requires a public welfare official to file a certificate of merit with any complaint for overpayment recovery, detailing the basis for the claim. 3. It prohibits the use of confession of judgment to recover overpayments. 4. It establishes a 2-year statute of limitations for recovery actions. 5. It requires the use of the most favorable budgeting methodology when determining eligibility and overpayment amounts. 6. It provides exceptions and protections for recipients, such as waivers in cases of undue hardship, and special provisions during the COVID-19 public health emergency. The bill aims to limit unnecessary or overly burdensome recovery efforts by social services agencies.
Committee Categories
Budget and Finance, Government Affairs
Sponsors (5)
Last Action
VETOED MEMO.179 (on 12/28/2022)
Official Document
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