Bill > A05613

This bill implements additional restrictions on actions to recover overpayment of certain assistance. It amends the social services law and the civil practice law and rules to: 1. Define "overpayment" and "recipient" for the purposes of recovering overpayments. 2. Restrict the public welfare official's ability to bring actions to recover overpayments, including exempting cases of agency or contractor error, overpayments to persons under 21, and cases of undue hardship. 3. Require the public welfare official to provide detailed information to the recipient before pursuing recovery and to use the most favorable budgeting rules. 4. Prohibit the use of confessions of judgment to recover overpayments. 5. Establish a 2-year statute of limitations for actions to recover overpayments. 6. Provide special provisions related to the COVID-19 public health emergency, including waiving recovery for certain recipients and deeming some payment plans as paid in full. The bill aims to protect recipients from overzealous recovery efforts, especially in cases of administrative error or undue hardship.

Budget and Finance, Health and Social Services, Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2021/A5613