New York Laws
Title 2 - Public Welfare Districts and Their Responsibility for Public Assistance and Care
62 - Responsibility for Public Assistance and Care.

(a) Notwithstanding any other provisions of this chapter, in the event
a recipient removes from one to another social services district in the
state, a social services official administering safety net assistance or
family assistance to such recipient shall continue such assistance for
such recipient for a period ending on the last day of the calendar month
next succeeding the calendar month in which such removal occurred,
provided such recipient is otherwise eligible for such assistance and
has not become a recipient of public assistance in the district to which
he or she has removed.
(a-1) Notwithstanding any other provisions of this chapter, in the
event a recipient removes from one to another social services district
in the state, a social services official administering medical
assistance to such recipient shall continue such assistance for a period
ending on the last day of the calendar month next succeeding the
calendar month in which such removal is reported by the recipient to the
social services district, provided that the recipient: has informed the
district of his or her new address and any material changes in
circumstances affecting medical assistance eligibility; is otherwise
eligible for medical assistance; and has not become a recipient of
medical assistance in the district to which he or she has removed. After
the last day of the calendar month next succeeding the calendar month in
which such removal is reported, the recipient shall be eligible without
further application for medical assistance administered by the social
services district to which the recipient has removed. Continued
provision of medical assistance under this paragraph is dependent on the
recipient meeting all applicable requirements of titles eleven and
eleven-D of article five of this chapter. This paragraph shall not apply
to a recipient who is institutionalized in a medical facility and who
removes from one social services district to another district in the
state.
(b) If a public welfare district, town or city provides care for a
person in a family home, boarding home, nursing home, convalescent home,
hospital or institution outside of its territory and pays for such care
directly or through a grant made to the recipient, the public welfare
district, town or city making such provision shall continue to be
responsible for payment for such care as long as the recipient is in
need thereof. In the event any other type of public assistance and care
is needed by a person receiving such care, it shall be furnished and
paid for by the public welfare district, town or city which would be
responsible for such required assistance and care if such person had
remained in the territory of the district, town or city making such
provision; the public welfare district, town or city making such
provision shall likewise be responsible for the care, removal and burial
of the body of any such person who shall die, and the expense thereof.
The public welfare district, town or city which, pursuant to the
provisions of this paragraph, is providing public assistance and care
for the mother of an infant, on the date of birth of such infant, shall
be responsible for providing public assistance or care required by such
infant on and after the date of his birth; and such public welfare
district, town or city shall be deemed to have made provision for the
care of such infant outside of its territory.

When a child who has been cared for away from his own home by or on
behalf of a public welfare district, pursuant to title two of article
six or other provisions of this chapter, the family court act of the
state of New York, or other provisions of law, is discharged, pursuant
to law, to his parents or parent, brother, sister, uncle, aunt or legal
guardian, who are or is then residing outside the territory of such
public welfare district, such discharge shall terminate the
responsibility of such public welfare district to furnish public
assistance and care for such child pursuant to this paragraph; and upon
such discharge it shall become the responsibility of the public welfare
district wherein such child is thereafter to reside with his relative or
legal guardian to provide necessary public assistance and care for him
as in the case of any other child residing therein.
The provisions of this paragraph shall not be deemed to authorize or
empower towns or cities of a county public welfare district to exercise
responsibilities with relation to public assistance and care
inconsistent with the responsibilities imposed or conferred on them by
other provisions of this chapter.
(c) When a person with a mental illness or developmental disability is
in need of public assistance or care while on convalescent status or
community status from a state hospital or institution under the
provisions of section 29.15 of the mental hygiene law, the public
welfare district, town or city from which he was admitted to such
hospital or institution shall be responsible for providing and paying
for such assistance or care as in the case of other persons requiring
public assistance and care, except that such responsibility shall
continue during any period such person is on convalescent status or
community status outside the territory of such public welfare district,
town or city and shall continue thereafter in accordance with the
provisions of this paragraph and paragraph (b) of this subdivision if
such person was receiving or should have been receiving public
assistance or care from such public welfare district, town or city
outside its territory at the time he was discharged from such
convalescent status or community status.
(d) When a person, either upon admission to a hospital, nursing home,
intermediate care facility, adult home, enriched housing program or
residence for adults located in a social services district other than
the district in which he was then residing, or while in such hospital,
nursing home, intermediate care facility, adult home, enriched housing
program or residence for adults, is or becomes in need of medical
assistance, the social services district from which he was admitted to
such hospital, nursing home, intermediate care facility, adult home,
enriched housing program or residence for adults shall be responsible
for providing such medical assistance for so long as such person is
eligible therefor. If while such person is receiving care in such
hospital, nursing home, intermediate care facility, adult home, enriched
housing program or residence for adults or when discharged therefrom, is
in need of any other type of public assistance or care, the social
services district, town or city from which the person was admitted to
such hospital, nursing home, intermediate care facility, adult home,
enriched housing program or residence for adults shall be responsible
for providing and paying for such public assistance or care as in the
case of other persons requiring public assistance and care in its
territory, and such responsibility shall continue thereafter in
accordance with the provisions of this paragraph and paragraph (b) of
this subdivision if such person was receiving or should have been
receiving public assistance or care from such social services district,
town or city; such social services district, town or city shall likewise

be responsible for the care, removal or burial of the body of any such
person who shall die, and for the expense thereof. The provisions of
this paragraph shall likewise be applicable to the care of an eligible
person who, while temporarily absent from the social services district
in which he then resided, was admitted to a hospital or nursing home in
another social services district prior to the effective date hereof.
(e) A public welfare district which provides medical assistance for
needy persons pursuant to the provisions of title eleven of article five
of this chapter, shall not charge back any part of the cost of such
assistance to another public welfare district.
(f) (1) The social services district in which a victim of domestic
violence, as defined in article six-A of this chapter, was residing at
the time of the alleged domestic violence shall be responsible, in
accordance with section one hundred thirty-one-u of this chapter, for
the cost of emergency shelter and care provided to such victim and his
or her minor children at a residential program for victims of domestic
violence, as defined in article six-A of this chapter, whether or not
such program is located in the social services district or in another
social services district if such victim:
a. was receiving public assistance at the time of entry to the program
or
b. applies for public assistance and care during the time the victim
was residing in such program.
(2) The social services district to which such application is
submitted shall forward the completed application to the district in
which the victim resided at the time of the alleged domestic violence.
(3) Responsibility for the cost of shelter and care pursuant to this
paragraph shall be limited to the period during which the victim and his
or her children, if any, reside in such program. Responsibility for
public assistance and care for any period after termination of such
residency shall be determined pursuant to other provisions of this
section.
(g) (1) When a person applies for medical parole, and is in need of
public assistance, including medical assistance, the department of
corrections and community supervision shall cause an application for
such assistance to be forwarded to the department of social services.
(2) Upon receipt of an application for public assistance, including
medical assistance, forwarded by the department of corrections and
community supervision for persons meeting the conditions of medical
parole, financial eligibility for such assistance and care shall be
determined by the New York state department of social services prior to
the person's parole.
(3) Determination of continuing eligibility for public assistance,
including medical assistance, and care will be the responsibility of the
social services district into which such person is released.
(4) Any inconsistent provision of this chapter or other law
notwithstanding, when a person is released on medical parole pursuant to
section two hundred fifty-nine-r or two hundred fifty-nine-s of the
executive law and is in need of public assistance, including medical
assistance, the social services district in which such person was
convicted and from which he or she was committed to the custody of the
department of corrections and community supervision shall be responsible
for the administrative costs of the initial and any subsequent
eligibility determination and the costs of any public assistance,
including medical assistance, following such persons release on medical
parole for so long as such person is eligible therefor.
6. Homeless children. (a) Notwithstanding any other provision of law
to the contrary, the social services district which provides assistance

or services to a homeless child in temporary housing located outside the
school district of origin shall notify the commissioner of education,
the school district of origin and the school district designated by the
child, parent or person in parental relation pursuant to subdivision two
of section thirty-two hundred nine of the education law within five days
of such designation as the school district which such child shall attend
upon instruction. Such notice shall include the name of the child, the
name of the parent or person in parental relation to the child, if any,
the name and location of the temporary housing arrangement, the name of
the school district of origin and any other information required by the
commissioner of education.
(b) For the purposes of this subdivision the terms "homeless child",
and "school district of origin" shall be as defined in section
thirty-two hundred nine of the education law.
(c) A social services district shall provide for the transportation of
each homeless child who is eligible for benefits pursuant to section
three hundred fifty-j of this chapter to and from a temporary housing
location in which the child was placed by the social services district
and the school attended by such child pursuant to section thirty-two
hundred nine of the education law, if such temporary housing facility is
located outside of the designated school district pursuant to paragraph
a of subdivision two of section thirty-two hundred nine of the education
law. A social services district shall be authorized to contract with a
board of education or a board of cooperative educational services for
the provision of such transportation. This paragraph shall apply to
placements made by a social services district without regard to whether
a payment is made by the district to the operator of the temporary
housing facility.
7. The provisions of subdivision five of this section shall not apply
with respect to the medical assistance eligibility of persons described
in subparagraph two of paragraph (a) of subdivision one of section three
hundred sixty-six of this chapter.

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