N.Y. Comp. Codes R. & Regs. tit. 18 § 620.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 620.3 - Conditions for claiming for public assistance and care programs

Public assistance and care or other benefits provided pursuant to programs and activities not specifically described in department regulations for purposes of claiming reimbursement shall be claimed in accordance with instructions and directions of the department in relation to that particular program or activity. The following provisions shall apply to specific programs or activities:

(a)Burial costs for indigent deceased persons.

(1) The term burial costs includes all reasonable expenditures incident to the proper burial of a deceased indigent person, including such items as the purchase of burial plot, clothing, transportation of the body to place of burial, mortician services, and the preparation and the closing of the grave.

(i) A claim for burial cost reimbursement shall not be made for any expenditures in excess of $250 for expenditures made prior to October 1, 1986, $400 for expenditures made between October 1, 1986 and April 1, 1987, and $900 for expenditures made after April 1, 1987.

(ii) Subject to the limitations described in this paragraph, the amount that may be included in a claim for State reimbursement, where assets are or become available to be applied toward the burial costs, shall be determined as follows:

(a) the full amount of the burial costs, if no part of the proceeds from said assets are applied toward such costs; or

(b) the difference between $500, or the actual amount of the burial costs, whichever is less, and the amount of the proceeds from said assets which were or are to be applied toward such costs.

(2) The amount paid by the district or agency for burial may be deducted as a prior claim before distribution of the remainder of a recovery collection is made against assistance and care granted subject to the following limitations:

(i) Where reimbursement for the cost of burial has not previously been claimed, the amount deducted shall be limited to $500 or the amount of the agency burial payment, whichever is less.

(ii) Where reimbursement has been claimed on a portion of the amount paid for burial pursuant to the provisions governing claims for State aid, the amount deducted shall be limited to whichever of the following amounts is lower:

(a) the difference between $500 and the amount on which reimbursement was claimed; or

(b) the difference between the cost of burial (if such cost is less than $500) and the amount on which reimbursement was claimed.

(b)Veteran assistance.

All provisions relating to reimbursement by the State for home relief expenditures made by districts pursuant to Part 621 of this Title shall apply with the same force and effect to veteran assistance.

(c) Public institutional care for adults.

(1) Public homes. Cost of care of adults receiving care in a public home pursuant to title 5 of article 5 of the Social Services Law, including care in an approved public home infirmary, shall be claimed only for persons other than recipients of supplemental security income (SSI) benefits and shall be claimed pursuant to this subdivision only to the extent that such costs cannot be appropriately claimed against any other applicable program or activity. Applicable costs of infirmary care shall be claimed from the program of medical assistance for needy persons (MA). For those residents of a public home who have the income or resources to pay for their care, the per diem costs related to these individuals shall be claimed as expenditures and funds applied to the cost of the care must be claimed as refunds.

(2) Adult shelters, lodging houses and outreach centers.

(i) Costs of temporary care of adults in publicly operated lodging houses, shelters and outreach centers operated as part of a social services district adult shelter program may be claimed pursuant to this subdivision only to the extent that they cannot be appropriately claimed against any other applicable program or activity.

(ii) For purposes of this paragraph, the term outreach center means a program operated directly by, or under contract with, a social services district which provides any of the services set forth in Part 491 of this Title which are required to be provided by shelters operated by a social services district.

(3) Costs.

(i) The cost of public institutional care of adults does not include the operation and maintenance of a farm, but the value of commodities consumed in the operation of the public home may be included as costs of care.

(ii) Care in a public home (including an approved public home infirmary) may be provided by a district in a public home maintained by such district, or by contract for the provision of care in a public home maintained by another social services district. This contract provision does not apply to temporary care of adults in publicly operated lodging houses or shelters.

(iii) Reimbursement is available for the costs of operating outreach centers which are operated directly by a social services district if such centers are operated with the department's prior written approval. Reimbursement is also available for the costs of operating outreach centers which have contracted with a social services district to provide services on behalf of such district if such centers are operated with the department's prior written approval.

(d)Assistance for aged, blind and disabled persons.

Costs claimed for assistance to aged, blind and disabled persons shall be claimed in accordance with the provisions for the program or activity pursuant to which the assistance was rendered or shall be claimed in accordance with the provisions of the SSI program. Recoveries or other credit adjustments of amounts claimed as assistance for the aged, blind and disabled (AABD) prior to 1974 shall be reported and reflected in accordance with Part 608 of this Title.

(e)Other programs or activities.

Any program or activity for which reimbursement may be claimed or for which financial reporting is required and which is not specifically described in department regulations for purposes of claiming reimbursement may be claimed in any manner prescribed by the department or in any other manner, subject to the approval of the department, until and unless regulations promulgated by the department supersede the department's instructions for claiming reimbursement for such program or activity.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 620.3