Графични страници
PDF файл
ePub

as

or

or

or

portion of a public assistance grant which is attributable to a child or children. In no instance shall the court order child support below twenty-five dollars per month. Where the non-custodial parent's income is less than or equal to the poverty income guidelines amount for a single person reported by the federal department of health and human services, unpaid child support arrears in excess of five hundred dollars shall not_accrue.

§ 146. Paragraph (h) of subdivision 1-b of section 240 of the domestic relations law, as added by chapter 567 of the laws of 1989, is amended to read as follows:

(h), A validly executed agreement or stipulation voluntarily entered into between the parties after the effective date of this subdivision presented to the court for incorporation in an order or judgment shall include a provision stating that the parties have been advised of the provisions of this subdivision, and that the basic child support obligation provided for therein would presumptively result in the correct amount of child support to be awarded.' In the event that such agreement or stipulation deviates from the basic child support obligation, the agreement, or stipulation must specify the amount that such basic child support obligation would have been and the reason or reasons that such agreement stipulation does not provide for payment of that amount. Such provision may not be waived by either party counsel. Nothing contained in this subdivision shall be construed to alter the rights of the parties to voluntarily enter into validly executed agreements or stipulations[. The child support standards established by this subdivision shall not be applicable to such agreements stipulations when executed] which deviate from the basic child support obligation provided such agreements or stipulations comply with the provisions of this paragraph. The court shall, however,' retain discretion with respect to child support pursuant to this section. Any court order or judgment incorporating validly executed agreement or stipulation which deviates from the basic child support obligation shall set forth the court's reasons for such deviation.

§ 147. Paragraph (8) of subdivision 1 of section 413 of the family court act, as amended by chapter 818 of the laws of 1990, is amended to read as follows:

(8) Where the court finds that the non-custodial parent's pro rata share of the basic child support obligation is unjust or inappropriate, the court shall order the non-custodial parent to pay such amount of child support as the court finds just and appropriate, and the court shall set forth, in a written order, the factors it considered (and the reasons for the level of support and such]; the amount of each party's pro rata share of the basic child support obligation; and the reasons that the court did not order the basic child support obligation. Such written order may not be waived by either party or counsel; provided however, and notwithstanding, any other provision of law, including but not limited to section four hundred fifteen of this act, the court shall not find that the non-custodial parent's pro rata share of such obligation is unjust or inappropriate on the basis that such share exceeds the portion of a public assistance grant which is attributable to a child or children. In instance shall the court order child support below twenty-five dollars per month. Where the non-custodial parent's income is less than or equal to the poverty income guidelines amount for a single person as reported by the federal department of health and human services, unpaid child support arrears in excess of five hundred dollars shall not accrue.

§ 148. Paragraph (h) of subdivision 1 of section 413 of the family court act, as added by chapter 567 of the laws of 1989, is amended to read as follows:

(h), A validly executed agreement or stipulation voluntarily entered into between the parties after the effective date of this subdivision presented to the court for incorporation in an order or judgment shall include a provision stating that the parties have been advised of the provisions of this subdivision and that the basic child support obligation provided for therein would presumptively result in the correct amount of child support to be awarded. In the event that such agreement or stipulation deviates from the basic child support obligation, the agreement stipulation must specify the amount that such basic child support obligation would have been and the reason or reasons that such EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

no

or

or

or

a

2

or

agreement stipulation does not provide for payment of that amount. Such provision may not be waived by either party

counsel. Nothing contained in this subdivision shall be construed to alter the rights of the parties to voluntarily enter into validly executed agreements or stipulations[. The child support standards established by this subdivision shall not be applicable to such agreements or stipulations when executed] which deviate from the basic child support obligation provided such agreements or stipulations comply with the provisions of this paragraph. The court shall, however, retain discretion with respect to child support pursuant to this section. Any court order or judgment incorporating validly executed agreement or stipulation which deviates from the basic child support obligation shall set forth the court's reasons for such deviation.

§ 149. Subdivision 4 of section 216 of the judiciary law, as added by chapter 567 of the laws of 1989 and as renumbered by chapter 455 of the laws of 1991, is amended to read as follows:

4. [Chief] The chief administrator of the courts shall collect data in relation to the number of cases in which the basic child support obligation, as defined in section two hundred forty of the domestic relations law and section four hundred thirteen of the family court act, was dered; the number of cases in which the order deviated from such basic child support obligation and the reasons therefor; the incomes of the parties(,); the number of children, and the amount of child support awarded pursuant to the child support standards actç,]; and amounts

of alimony or maintenance, or allocations of property included in orders or judgments that include a provision for child support pursuant to the child support standards act, and shall report such data to the legislature and the governor on or before the first day of February of each year. In collecting such data, the chief administrator shall not disclose the identities of the parties or disclose information that would tend to reveal the identities of the parties.

§ 150. Subdivision 10 of section 111-b of the social services law, as added by chapter 567 of the laws of 1989, is repealed and a new subdivision 10 is added to read as follows:

10. The commissioner must review the child support standards act at least once every four years to ensure that its application results in the determination of appropriate child support amounts. As part of such review, the commissioner must consider economic data the cost of raising children and analyze case data, gathered through sampling or other methods, on the application of, and deviations from the basic child support obligation. The analysis of the data must be used to ensure that such deviations are limited and, if appropriate, necessary revisions to the child support standards act must be submitted to the legislature to accomplish such purpose. § 151. Sections

hundred forty-eight through one hundred fiftythree of this act shall apply to all petitions, motions and applications for child support pending on the effective daté.

§ 152. The executive law is amended by adding a new section 74 to read as follows:

§ 74. Welfare inspector general. 1. Definitions. For the purposes of this section, the following definitions shall apply:

a. "Inspector" means the welfare inspector general created by this section.

b. "Investigation" means, investigations of fraud, abuse, or illegal acts perpetrated within the department of social services local social services districts, or by contractees or recipients of public assistance services as provided by the department of social services.

c. "Office" means the office of the welfare inspector general created by this section.

2. a. There is hereby created in the department of law within the of fice of the deputy attorney general for medicaid fraud control an office of welfare inspector general. The head of the office shall be the wel fare inspector general, who shall be appointed by the governor, by and with the advice and consent of the senate.

b. The inspector shall serve for a term of five years unless removed by the governor for neglect or malfeasance in office, and may

also be removed for neglect malfeasance by the senate upon a vote of twothirds of its members. An inspector removed from office may not be reappointed to such office.

c. The inspector may not be employed with the department of social services during his employment with the office or within two years after terminating employment with the office.

on

one

or

or

a.

as

3. Functions, duties and responsibilities. The inspector shall have the following functions, duties and responsibilities:

to appoint such deputies, directors, assistants and other officers and employees as may be needed for the performance of his duties and may prescribe their powers and fix their compensation within the amounts appropriated therefor;

b. to conduct and supervise investigations relating to the programs of the department of social services and, to the greatest extent possible, to coordinate such activities with the deputy attorney general for medicaid fraud control, the commissioner of social services, the commissioner of health, the commissioner of education, the fiscal agent employed to operate the medicaid management information system, and the state comptroller; C.

to keep the governor, attorney general, state comptroller, president pro ten and minority leader of the senate, the speaker and the binority and majority leaders of the assembly, apprised of fraud and abuse;

d. to prosecute fraud, abuse or illegal acts perpetrated within the department of social services or local social services districts, or by contractees or recipients of public assistance services;

e. to make information and evidence relating to criminal acts which he may obtain in carrying out his duties available to appropriate law enforcement officials and to consult with the deputy attorney general for medicaid fraud control and local district attorney's

to

coordinate investigations and criminal prosecutions;

f. to subpoena witnesses, administer oaths or affirmations, take testimony and compel the production of such books, papers, records and documents he may deem to be relevant to an investigation undertaken pursuant this

esate monitor the implementation by the relevant office of his recomnendations and those of other investigative agencies;

h. to recommend policies relating to the prevention and detection of fraud and abuse or the identification and prosecution of participants in such fraud or abuse; and i.

to receive complaints of alleged failures of state and local officials to prevent, detect and prosecute fraud and abuse.

4. Cooperation of agency officials and employees. a. In addition to the authority otherwise provided by this section, the inspector, in carrying out the provisions of this section, is authorized :

to have full and unrestricted access to all records, reports, audičs, reviews, documents, papers, recommendations other material available to the department of social services and local social services districts relating to programs and operations with respect to which the inspector has responsibilities under this section;

(ii) to make such investigations relating to the administration of the programs and operations of the department of social services as are, in The judgment of the inspector, necessary or desirable; and

(iii) to request such information, assistance and cooperation from any federal, state or local governmental department, board, bureau, commission, or other agency or unit thereof as may be necessary for carrying out the duties and responsibilities en joined upon him by this section. State and local agencies or units thereof are hereby authorized and directed to provide such information, assistance and cooperation.

b. Notwithstanding any other provision of law, rule or regulation to the contrary, no person shall prevent, seek to prevent, interfere with, obstruct or otherwise hinder any, investigation being conducted pursuant to this section. Section one hundred thirty-six of the social services law shall in no way be construed to restrict any person or governmental body from cooperating and assisting the inspector or his employees in carrying out their duties under this section. Any violation of this paragraph shall constitute cause for suspension or removal from office or employment.

5. Establishment period. The governor shall nominate the initial inspector as soon as is practicable but in no event later than sixty days after the effective date of this section.

6. Reports required of the inspector. The inspector shall, no later than February first of each year submit to the governor, the state comptroller, the attorney general and the legislature a report summarizing the activities of the office during the preceding calendar year. EXPLANATION–Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

[ocr errors]

or

as

7. Disclosure of information. 8. The inspector shall not publicly disclose information which is:

(i) a part of any ongoing investigation; or

(ii) specifically prohibited from disclosure by any other provision of law.

b. Notwithstanding, paragraph a of this subdivision, any report under this section may be disclosed to the public in a form which includes information with respect to a part of an ongoing criminal investigation if such information has been included in a public record.

§ 153. Subdivision 2 of section 136 of the social services law, as amended by chapter 110 of the laws of 1971, is amended to read follows:

2. All communications and information relating to a person receiving public assistance or care obtained by any social services official, service officer, or employee in the course of his work shall be considered confidential and, except as otherwise provided in this section, shall be disclosed only to the commissioner of social services, or his authorized representative, the welfare inspector general, or his authorized representative, the county board of supervisors, city council, town board or other board or body authorized and required to appropriate funds for public assistance and care in and for such county, city or town or its authorized representative or, by authority of the county, city or town social services official, to a person or agency considered entitled to such information.

§ 154. The judiciary law is amended by adding a new section 474-b to read as follows:

§ 474-b. Attorney retainer statements. The office of court administation* shall make available to the department of social services copies of

retainer statements or closing statements filed with the office of court administration pursuant to the rules of the appellate divisions, or relevant information contained therein, for the purpose of enabling the department to compare a list of parties against department's public assistance and medical assistance recipient listings in order for the department to determine the potential for recovery of such assistance paid, consistent with applicable law.

§ 155. Section 139-a of the social services law is amended by adding a new subdivision 3 to read as follows:

3. (a) The Rockland county social services district and the Onondaga county social services district shall each authorize and implement demonstration projects for the purposes of determining the costeffectiveness of preventing multiple enrollment of home relief benefit recipients through the use of an automated two-digit fingerprint matching identification system. The system shall only include

hoine relief benefit recipient fingerprint ing upon application for eligibility for

, such benefits and fingerprinting of home relief recipient's currently receiving home relief benefits.

(b) Notwithstanding the provisions of section one hundred thirty-six of this article or any other provision of law, data collected and maintained through the use of an automated fingerprint matching identification system as authorized by this subdivision may not be used, disclosed or redisclosed for any purpose other than the prevention of multiple enrollments in home relief, may not be used or admitted in any criminal or civil investigation, prosecution, or proceeding, other than a civil proceeding pursuant to section one hundred forty-five-c of this article, anyt, may not be disclosed in response to a subpoena or other compulsory legal process or warrant, or upon request order of any agency, authority, division, office or other private or public entity or person, except that nothing contained herein shall prohibit disclosure in response to a subpoena issued by or on behalf of the applicant or recipient who is the subject of the record maintained

part of such system. Any person who knowingly, makes or obtains any unauthorized disclosure of data collected and maintained through the use of an automated two-digit fingerprint matching identification system shall be guilty of a class A misdemeanor, and shall be punished in accordance with the provisions of the penal law.

(c) Data collected and maintained on the automated two-digit fingerprint matching identification system shall be subject to those provisions relating to unauthorized disclosure of confidential client information currently subject to part 357 of the commissioner's regulations.

* So in original. (Word misspelled. )
† So in original. /'anyshould be and".)

[ocr errors]

or

as

a

a

(d) The Rockland county social services district and the Onondaga county social services district shall each develop a competitive request for proposal for an automated two-digit fingerprint matching identification system, and shall thereafter contract for the services of firm able to design and implement such automated two-digit fingerprint matching identification system. The department shall oversee the process by which the Rockland county and Onondaga county social services districts select and award contract's for the demonstrat'ion projects. Prior to the award of any contracts, the department shall certify that the design of the demonstration project fulfills all the requirements of this section. After award the department shall be responsible for ensuring that the deronstration projects are carried out in accordance with the requirenents of this section, that adequate training for local district staff involved with the project will be provided and taking any actions necessary to bring such programs into compliance if required. Such contractual arrangement shall ensure that state payments for the contractor's necessary and legitimate expenses for the administration of such program are limited to amounts specified in advance and that such amounts shall not exceed the amount appropriated therefor in any fiscal years.

(e) Immediate notice of all the provisions of this subdivision shall be provided to home relief recipient's or applicants.

(f) Notwithstanding any other provision of law, nothing contained herein shall be deemed to authorize or permit the termination, suspension, or diminution of home relief benefits except as elsewhere specifically authorized in this chapter, provided,

however,

that where the basis of a proposed sanction is a determination of a fraudulent multiple enrollment based on the use of an automated fingerprint identification system authorized pursuant to this section, no such sanction shall be imposed pending a hearing conducted pursuant to section twenty-two of this chapter within forty-five days of the notification of the applicant or recipient of the alleged fraudulent multiple enrollment, or pending a final determination of a request by an applicant or a recipient' for correction or amendment of a record pursuant to section ninety-five of the public officers law, and no such sanction shall be imposed unless the local social services district has verified the results of the automated fingerprint identification system by means of a manual match conducted by a person who is qualified to perform fingerprint identifications.

(8) The department shall conduct periodic audits to monitor compliance with all laws and regulations regarding the automated fingerprint matching system to insure that any records maintained as part of such system are accurate and complete, that no illegal disclosures of such records have taken place, that effective software and hardware designs have been instituted with security features to prevent unauthorized access to such records, that

to record information system facilities, systems operating environments, data file contents whether while in use or

when stored in media library is restricted to authorized personnel only, that operation programs are used that will prohibit inquiry, record up; dates, or destruction of records, from any, terminal other than automated fingerprint matching system terminals which

designated, that operational programs

used to detect and store for the output of designated department employees all unauthorized attempts to

penetrate any automated fingerprint matching system, program or file, that adequate and timely procedures exist to insure that the recipient applicant's right to access and review of records for the purpose of accuracy and completeness, including procedures for review of information maintained about such individuals and for administrative review (including procedures for administrative appeal) and necessary correction of any clain by the individual to whom the information relates that the information is inaccurate or incomplete.

(h) The department shall report to the speaker of the assembly and the temporary president of the senate on the operation of the demonstration project by March first, nineteen hundred ninety-three. This report shall include analysis of the cost-effectiveness of such project, and shall include information concerning instances of multiple enrollment detected through use of this system, and shall include a detailed summary of the results of audits required by paragraph (8) of this subdivision. The report shall include recommendations regarding whether the program should be discontinued, expanded, or otherwise modified. EXPLANATION–Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

access

a

are

SO

are

or

« ПредишнаНапред »