N.Y. Social Services Law Section 131-SS
Automated identification of OTDA assistance program participants


1.

Definitions. For the purposes of this section, the following terms shall have the following meanings:

(a)

“Commissioner” shall mean the commissioner of the office of temporary and disability assistance.

(b)

“Office” or “OTDA” shall mean the office of temporary and disability assistance.

(c)

“OTDA assistance program participant” shall mean a household that is determined to be eligible by the office for any of the following programs, provided, however, that the office may require written consent from OTDA assistance program participants before using data obtained from any of the following programs for the purposes of this section:

(i)

Public assistance;

(ii)

Home energy assistance program; and

(iii)

Any other income-based assistance program identified by the public service commission that is administered and approved for inclusion under this section by the office.

(d)

“Utility corporation” shall include utility companies, utility corporations, public utility companies, public utility corporations, gas corporations, electric corporations, or municipalities as defined in Public Service Law § 2 (Definitions)section two of the public service law and regulated pursuant to the public service law, a municipal corporation that provides public utility services, a rural electric cooperative, or a state public authority that provides utility services.

(e)

“Utility corporation energy affordability programs” shall be defined by the public service commission and shall be limited to utility corporation programs which are intended to assist customers with energy affordability by reducing customers’ energy burden.

2.

Within one year of the effective date of this section, the commissioner shall provide for automated identification of OTDA assistance program participants for participation in utility corporation energy affordability programs pursuant to subdivision four of this section.

3.

The utility corporation shall be responsible for working with the office to facilitate and implement the technological capabilities to allow for the secure transmission of data through an interface with the office’s information technology infrastructure.

4.

(a) To the extent permitted by federal law, regulations and policies, the office, upon the utility corporation agreeing to and signing the office’s data terms and upon receipt of the required data elements from the utility corporation, as such data elements are defined by the office, shall conduct automated file matching to identify utility corporation customer accounts that are also OTDA assistance program participants and, if permitted by federal law, regulations and policies, such information shall be provided to utility corporations no less than semi-annually. Utility corporation customer accounts identified by the office as potentially eligible for participation in available utility corporation energy affordability programs as a result of such file matching shall be, if confirmed as eligible for such utility corporation energy affordability programs by the utility corporation, enrolled in such utility corporation energy affordability programs by the utility corporation within sixty days of receipt by the utility corporation of the results of the automated file match. Any information provided to the utility corporations related to OTDA assistance program participants pursuant to this section shall not be redisclosed by the utility corporation and shall only be utilized for the purpose of confirming eligibility in the utility corporation energy affordability program and providing notifications pursuant to paragraph (b) of this subdivision.

(b)

Upon automatic enrollment in the utility corporation energy affordability program, the utility corporation shall provide written notification to the utility corporation energy affordability program participant of their enrollment in such program.

(c)

Except as prohibited by federal law, regulation, or policy, and notwithstanding any provision of state or local law, regulation, or policy to the contrary, a utility corporation is authorized to share the required data elements for the purposes of and as provided for by this section.

5.

The commissioner may adopt, on an emergency basis pursuant to article two of the state administrative procedure act, any rules necessary to carry out the provisions of this article.

6.

The commissioner may delegate the administration of any portion of this section to any state agency, social services official, city, county, town, contractor or non-profit organization in accordance with the provisions of this article and applicable federal requirements. Provided however, such privacy and confidentiality limitations prescribed in this section shall apply to any entity to which the commissioner delegates the administration of any portion of this section.

Source: Section 131-SS — Automated identification of OTDA assistance program participants, https://www.­nysenate.­gov/legislation/laws/SOS/131-SS (updated Feb. 16, 2024; accessed May 4, 2024).

131
Assistance, care and services to be given
131‑A
Monthly grants and allowances of public assistance
131‑AA
Monthly statistical reports
131‑AAA
Availability of adverse childhood experiences services
131‑B
Fees for services
131‑BB
Family homelessness and eviction prevention supplement program
131‑C
Inclusion of parents and siblings of a minor in the public assistance household
131‑D
Substance abuse rehabilitative and preventive services
131‑E
Family planning services
131‑F
Retroactive social security benefit increases
131‑G
Authority to accept public and private gifts
131‑H
Authority to operate family homes for adults
131‑I
Social services districts
131‑I*2
Family loan program
131‑J
Certain utility deposits
131‑K
Undocumented noncitizens
131‑L
Exclusion of agent orange benefits
131‑M
Information on resource referral services
131‑N
Exemption of income and resources
131‑O
Personal allowances accounts
131‑P
Group health insurance benefits
131‑Q
Electronic payment file transfer system pilot project
131‑R
Liability for reimbursement of public assistance benefits
131‑S
Payments made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state...
131‑SS
Automated identification of OTDA assistance program participants
131‑T
Periodic reporting
131‑U
Domestic violence services
131‑V
Temporary emergency shelter
131‑W
Limitations in the payment of rent arrears
131‑X
Reverse mortgage loans
131‑Z
Child assistance program
131‑ZZ
Child poverty reduction
132
Investigation of applications
132‑A
Children born out of wedlock
133
Temporary preinvestigation emergency needs assistance or care
133‑A
Contracts for distribution of public assistance grants
134
Supervision
134‑A
Conduct of investigation
134‑B
Front end detection system
134‑C
Requirement to publicly post information
135
Cooperation of public welfare officials
136
Protection of public welfare records
136‑A
Information from state tax commission and the comptroller
137
Exemption from levy and execution
137‑A
Exemption of earnings of recipients from assignment, income execution and installment payment order
138‑A
Responsibility of the department for recipients in family care
139‑A
Special provisions to avoid abuse of assistance and care
141
Burial of the dead
142
Exclusiveness of eligibility requirements
142‑A
Federal economic opportunity act grants or payments
142‑B
Federal manpower development training act and elementary and secondary education act grants or payments
143
Information to be given by employers of labor to social services officials, the department, family court and the state department of ment...
143‑A
Information to be given to public welfare officials by retail instalment sellers, small loan companies and sales finance companies
143‑B
Avoidance of abuses in connection with rent checks
143‑C
Avoidance of abuses in connection with rent security deposits
144
Power of public welfare officials and service officers to administer oaths
144‑A
Information to be given to officials of the department and of social services districts
145
Penalties
145‑A
Judgment liens
145‑B
False statements
145‑C
Sanctions
146
Penalty for the sale or exchange of assistance supplies
147
Misuse of food stamps, food stamp program coupons, authorization cards and electronic access devices
148
Penalty for unlawfully bringing a needy person into a public welfare district
149
Penalty for bringing a needy person into the state
150
Penalty for neglect to report or for making false report
151
Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients
152
Payments to the New York public welfare association
152‑A
Burial reserves for certain recipients of public assistance or care from assigned assets
152‑B
Surplus after recovery of cost of public assistance and care
152‑C
Menstrual products
152‑D
Replacement of stolen public assistance

Accessed:
May 4, 2024

Last modified:
Feb. 16, 2024

§ 131-SS’s source at nysenate​.gov

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