Bill > S03582

This bill implements significant restrictions on how public welfare officials can recover overpayments of certain public assistance benefits. The bill defines overpayments as erroneous payments made to eligible or ineligible recipients, and establishes several key protections for recipients. These protections include: prohibiting actions to recover overpayments made due to agency errors, limiting recovery actions to within two years of the original payment, preventing the use of confession of judgment to collect debts, and mandating debt waiver in cases of undue hardship where a recipient's income is at or below 250% of the federal poverty line. The bill also requires detailed documentation and certification when initiating recovery actions, including specifics about eligibility criteria, budgeting methodology, and the value of property resulting in overpayment. Notably, the bill provides special provisions related to the COVID-19 public health emergency, such as considering settlement agreements paid in full if the recipient has paid 50% or more of the debt by the end of the emergency period. The legislation aims to provide more procedural protections for recipients of public assistance and create a more transparent and compassionate approach to addressing potential overpayments.

Budget and Finance, Government Affairs

https://www.nysenate.gov/legislation/bills/2025/S3582