Part 615 - EMERGENCY ASSISTANCE REIMBURSEMENT CLAIMING

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Statutory Authority: 
Social Services Law, Sections 20, 34, 153, 301, 350-j

Section 615.1 - Emergency conditions.

Section 615.1 Emergency conditions. Reimbursement for costs incurred under emergency or similar circumstances shall be claimed in accordance with requirements and directions of the department.

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Section 615.2 - Declared emergencies.

615.2 Declared emergencies. (a) If a general or other public emergency is declared as permitted by law, reimbursement shall be claimed in accordance with the direction of the lawful authority declaring the emergency or other condition permitting or requiring the extraordinary reimbursement of charges.

(b) Federal emergencies. Reimbursement for extraordinary costs incurred during an emergency which has been declared by Federal executive order, Federal law or other Federal authority shall be claimed in accordance with instructions of the Federal agency or official declaring the emergency.

(c) State emergencies. Reimbursement for extraordinary costs incurred during an emergency which has been declared by State executive order, State law or other State authority shall be claimed in accordance with the terms of such order, law or other authority. Such claims shall be submitted to the department or any other State agency or other governmental agency in accordance with instructions of the department.

(d) Local emergencies. Reimbursement for extraordinary costs incurred in relation to assistance and care provided during an emergency declared by a local governmental authority shall be claimed in accordance with State law and submitted to the department in accordance with instructions of the department. Reimbursement for costs incurred during a locally declared emergency shall be permitted only when there has been express approval of such reimbursement by an appropriate State authority.

(e) Department-recognized social services emergencies. When the commissioner or an official authorized by the department has authorized or directed reimbursement by the department for extraordinary costs incurred during an emergency or similar circumstances, such reimbursement may be claimed in accordance with instructions of the department.

(f) Other emergencies. Reimbursement for allowable extraordinary costs incurred during an emergency which has been declared in a manner not set forth in this section shall be claimed in accordance with instructions of the department.

 

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Section 615.3 - Interim or temporary assistance to individuals.

615.3 Interim or temporary assistance to individuals. (a) If an individual is eligible, pursuant to law, regulation or direction of the department, for temporary assistance as a result of events of an emergency nature which would not otherwise make the individual eligible for comparable assistance, reimbursement may be claimed for assistance rendered to the individual in accordance with the instructions of the department.

(b) Emergency assistance for adults. Emergency assistance for aged, blind and disabled persons (EAA) which, if not granted, would endanger the health, safety and welfare of such persons shall be subject to reimbursement if provided in accordance with the requirements of title 8 of article 5 of the Social Services Law and regulations of the department. Reimbursement for EAA may be denied if:

(1) the conditions for eligibility for EAA are not met;

(2) all or any portion of the reimbursement claimed could have been claimed or the claimed cost could have been expended in a manner so that reimbursement could have been claimed from any other source that could have reimbursed all or part of the costs;

(3) subsequent to claiming reimbursement for EAA, the district could have claimed, but did not claim, reimbursement from any Federal or other reimbursement source;

(4) the district received reimbursement for part or all of the costs from any other reimbursement source prior to or subsequent to submitting a claim to the department; or

(5) the district did not substantially comply with the claiming instructions of the department.

(c) Emergency assistance to needy families with children. Emergency assistance to needy families with children (EAF) shall be subject to reimbursement if provided in accordance with the requirements of section 350-j of the Social Services Law and regulations of the department. Reimbursement may be denied if:

(1) the conditions for eligibility for EAF are not met;

(2) all or any portion of the reimbursement claimed could have been claimed or the claimed costs could have been expended in a manner so that reimbursement should have been claimed from another source that could have reimbursed all or part of the costs;

(3) subsequent to or prior to claiming reimbursement of EAF the district could have claimed, but did not claim, reimbursement from any federal or other source;

(4) the district received reimbursement for part or all of the costs from any other reimbursement source prior to or subsequent to submitting a claim to the department; or

(5) the district did not substantially comply with the claiming instructions of the department.

(d) Other emergency or interim assistance. Emergency, temporary, interim or other extraordinary assistance provided to individuals may be reimbursed in accordance with applicable State, Federal or other law when claimed in accordance with department instructions.

 

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Section 615.4 - Other emergency provisions.

615.4 Other emergency provisions. Instructions, procedures and directions concerning the emergency assistance described in this Part which are issued by an official authorized to act for the department shall be complied with if approved by the department. Such instructions, procedures and directions shall remain in effect until or unless otherwise superseded by law, regulation or subsequent instructions, procedures or directions of the department, or for a period of one year, whichever first occurs.

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