A01817 Summary:

BILL NOA01817
 
SAME ASSAME AS S07741
 
SPONSORRosenthal
 
COSPNSR
 
MLTSPNSR
 
Amd §§208 & 209, Soc Serv L
 
Defines "closed period of eligibility" for purposes of supplemental security income for aged, blind, and disabled persons; includes such time period in the eligibility requirements of such supplemental security income.
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A01817 Actions:

BILL NOA01817
 
01/14/2025referred to social services
04/29/2025reported referred to ways and means
05/27/2025reported referred to rules
05/29/2025reported
05/29/2025rules report cal.294
05/29/2025ordered to third reading rules cal.294
05/29/2025passed assembly
05/29/2025delivered to senate
05/29/2025REFERRED TO SOCIAL SERVICES
06/10/2025SUBSTITUTED FOR S7741
06/10/20253RD READING CAL.1773
06/10/2025PASSED SENATE
06/10/2025RETURNED TO ASSEMBLY
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A01817 Committee Votes:

SOCIAL SERVICES Chair:Davila DATE:04/29/2025AYE/NAY:16/1 Action: Favorable refer to committee Ways and Means
DavilaAyeMolitorAye
SolagesAyeSimpsonAye
EichensteinAyeMcDonoughExcused
ReyesAyeFriendNay
ForrestAyeBaileyAye
Gonzalez-RojasAye
De Los SantosAye
SimoneAye
RagaAye
BergerAye
ValdezAye
RomeroAye
O'PharrowAye

WAYS AND MEANS Chair:Pretlow DATE:05/27/2025AYE/NAY:32/0 Action: Favorable refer to committee Rules
PretlowAyeRaAye
GlickAyeFitzpatrickAye
ColtonAyeHawleyAye
CookAyeBlankenbushAye
BenedettoAyePalmesanoAye
WeprinAyeWalshAye
RamosAyeDeStefanoAye
BraunsteinAyeManktelowAye
McDonaldAyeSmullenAye
RozicAyeGiglioAye
DinowitzAye
MagnarelliAye
BronsonAye
DilanAbsent
SeawrightAye
HyndmanExcused
WalkerExcused
Bichotte HermelAye
SimonAye
CruzAye
OtisAye
SolagesAye
HunterAye
EpsteinAye
SeptimoAye

RULES Chair:Glick DATE:05/29/2025AYE/NAY:27/0 Action: Favorable
HeastieExcusedBarclayAye
PretlowAyeHawleyAye
CookAyeBlankenbushAye
GlickAyeRaAye
DinowitzAyeBrabenecAye
ColtonAyePalmesanoAye
MagnarelliAyeReillyAye
PaulinAyeSmithAye
Peoples-StokesAyeJensenAye
BenedettoAye
LavineExcused
LupardoAye
BraunsteinAye
DavilaExcused
HyndmanAye
RozicExcused
BronsonAye
HevesiAye
HunterAye
TaylorAye
CruzAye
VanelAye

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A01817 Floor Votes:

DATE:05/29/2025Assembly Vote  YEA/NAY: 146/0
Yes
Alvarez
Yes
Carroll P
Yes
Friend
Yes
Lee
Yes
Peoples-Stokes
Yes
Slater
Yes
Anderson
Yes ‡
Carroll RC
Yes
Gallagher
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Angelino
Yes
Chandler-Waterm
Yes
Gallahan
Yes
Levenberg
Yes
Pirozzolo
Yes
Smullen
Yes
Bailey
Yes
Chang
Yes
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Chludzinski
Yes
Gibbs
Yes
Lunsford
Yes
Ra
Yes
Steck
Yes
Barrett
Yes
Clark
Yes
Giglio
Yes
Lupardo
Yes
Raga
Yes
Stern
Yes
Beephan
Yes
Colton
Yes
Glick
Yes
Magnarelli
Yes
Rajkumar
Yes
Stirpe
Yes
Bendett
Yes
Conrad
Yes
Gonzalez-Rojas
Yes
Maher
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
Cook
Yes
Gray
ER
Mamdani
Yes
Reilly
Yes
Tannousis
Yes
Berger
Yes
Cruz
Yes
Griffin
Yes
Manktelow
Yes
Reyes
Yes
Tapia
Yes
Bichotte Hermel
Yes
Cunningham
Yes
Hawley
Yes
McDonald
Yes
Rivera
Yes
Taylor
Yes
Blankenbush
Yes
Dais
Yes
Hevesi
Yes ‡
McDonough
Yes
Romero
Yes
Torres
Yes
Blumencranz
Yes ‡
Davila
Yes
Hooks
Yes
McMahon
Yes
Rosenthal
Yes
Valdez
Yes
Bologna
Yes
De Los Santos
Yes
Hunter
Yes
Meeks
Yes
Rozic
Yes
Vanel
Yes
Bores
Yes
DeStefano
Yes
Hyndman
Yes
Mikulin
Yes
Santabarbara
Yes
Walker
Yes
Brabenec
Yes
Dilan
Yes
Jackson
Yes
Miller
Yes
Sayegh
Yes
Walsh
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobson
Yes
Mitaynes
Yes
Schiavoni
Yes
Weprin
Yes
Bronson
Yes
DiPietro
Yes
Jensen
Yes
Molitor
ER
Seawright
Yes
Wieder
Yes
Brook-Krasny
Yes
Durso
Yes
Jones
Yes
Morinello
Yes
Sempolinski
ER
Williams
Yes
Brown EA
Yes
Eachus
Yes
Kassay
Yes
Norber
Yes
Septimo
Yes
Woerner
Yes
Brown K
Yes
Eichenstein
Yes
Kay
Yes
Novakhov
Yes
Shimsky
Yes
Wright
Yes
Burdick
Yes
Epstein
Yes
Kelles
Yes
O'Pharrow
Yes
Shrestha
Yes
Yeger
Yes
Burke
Yes
Fall
Yes
Kim
Yes
Otis
Yes
Simon
Yes
Zaccaro
Yes
Burroughs
Yes
Fitzpatrick
Yes
Lasher
Yes
Palmesano
Yes
Simone
Yes
Zinerman
Yes
Buttenschon
Yes
Forrest
ER
Lavine
Yes
Paulin
Yes
Simpson
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A01817 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1817
 
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the social services law, in relation to defining "closed period of eligibility" for purposes of certain supplemental security income and including such time period in the eligibility requirements of such supplemental security income   SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivisions one, three and ten of the section 208 of the social services law, as added by chapter 1080 of the laws on 1970 by adding a new subdivision 13. Section two amends paragraph b of subdivision one section 209 of the social services law as added by chapter 180 of the laws of 1974. Section three sets forth the effective date.   JUSTIFICATION: Many senior New Yorkers and those with disabilities rely on the Supple- mental Security Income (SSI), a needs-based program available only to those with limited income and resources. In New York, SSI has a federal component and a state component, which is known as the State Supple- mental Program (SSP). The State took over administration of the SSP from the federal government in 2014 and realized a multimillion dollars savings annually as a result. Currently, New York's SSP provides a monthly benefit of $23 or $87 for individuals and $46 or $104 for couples, depending on living arrangement. People may be simultaneously eligible for both SSI and Social Security Disability Insurance (SSDI), which is based on their earnings, and may apply for both. If the SSDI claim is approved, the beneficiary will be subject to a five-month waiting period before receipt of the first SSDI payment, pursuant to 20 C.F.R. § 404.315. During this five-month waiting period, claimants with little or no other income may be eligible to receive SSI benefits, which are not subject to a waiting period. Eligibility for SSP benefits when people become eligible for SSI, and SSP benefits are payable as of the month that SSI payments begin. Some of these claimants will no longer be eligible for SSI or SSP payments once their SSDI benefits begin if the SSDI amount is higher than the SSI Federal Benefit Rate plus the SSP amount. Because of appeals and delays in the administrative process, the Social Security Administration does not typically make a determination regard- ing SSI eligibility until well after the five-month SSDI waiting period has run. Additionally, federal rules require that the agency process an SSI claim before processing any concurrent SSDI claim. As a result, many people who apply for both SSI and SSDI with SSDI benefit amounts greater than the SSI rate but who otherwise satisfy the financial criteria of SSI will invariably be granted SSI only to have it terminated when the SSDI claim is approved. They will be paid retroactive SSI by the Social Security Administration, which often encompasses the five-month SSDI waiting period time. In January 2021, OTDA adopted new SSP administrative regulations. These regulations make a number of so-called "clarifying" revisions, including a "clarifying" revision requiring an individual or couple to be in active receipt of SSI benefits to be eligible for SSP - including retro- active SSP payments. The OTDA regulations now preclude the receipt of the same retroactive benefits for a subset of potential SSP recipients, including those individuals or couples who would only be eligible for SSP benefits during their five-month waiting period for SSDI benefits. The estimated population of affected recipients is several thousand very low-income seniors and/or New Yorkers with disabilities. By limiting recipients to "active participants," the OTDA regulations undo decades of policy and practice with respect to the payment of retroactive SSP benefits. The changes also administratively subvert three Court decisions that directed the agency to pay SSP benefits to people who were eligible for SSI for a closed period. In addition, if the program was still being administered by the federal government, seniors and New Yorkers with disabilities would still be receiving SSP benefits during a closed period. Finally, when OTDA proposed assuming responsibility for the adminis- tration of New York's SSI State Supplement Program in 2012, it promised to put in place "an effective and efficient SSP project..., and that the vulnerable individuals served by this program will not be negatively impacted by this change." Once New York State took over administration of the SSP program, OTDA stopped paying these retroactive benefits that had previously been paid when the SSP was administered by SSA, despite being directed by both its own fair hearing bureau and the Courts to continue paying them. The resulting new regulations do not live up to that promise, and instead are doing harm to exceptionally vulnerable New Yorkers and their families.   FISCAL IMPLICATIONS: Undetermined.   PRIOR LEGISLATIVE HISTORY: 2023-24: A.5515 - Passed Assembly; S.1998 - Referred to Social Services 2021-22: A.7528 - Referred to Social Services; S.7035 - Committed to Rules   EFFECTIVE DATE: This act shall take effect immediately.
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A01817 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1817
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Social Services
 
        AN ACT to amend the social services law, in relation to defining "closed
          period of eligibility" for purposes of certain  supplemental  security
          income  and including such time period in the eligibility requirements
          of such supplemental security income
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  1,  3,  and 10 of section 208 of the social
     2  services law, as added by chapter 1080 of the laws of 1974, are  amended
     3  and a new subdivision 13 is added to read as follows:
     4    1. "Supplemental security income benefits" shall mean payments made by
     5  the  [secretary  of  the  federal  department  of  health, education and
     6  welfare] federal commissioner of social  security  to  aged,  blind  and
     7  disabled persons pursuant to title sixteen of the federal social securi-
     8  ty act.
     9    3.  The  "[secretary]  commissioner"  shall mean the [secretary of the
    10  federal department of health, education and welfare] federal commission-
    11  er of social security.
    12    10. An "eligible individual" shall mean a person who is or was  eligi-
    13  ble to receive additional state payments pursuant to section two hundred
    14  nine of this title.
    15    13. A "closed period of eligibility" shall refer to a determination of
    16  the social security administration that a person was previously eligible
    17  for  supplemental  security  income benefits for a period of time in the
    18  past, but is no longer eligible at the time such determination  is  made
    19  or at the time the social security administration communicates eligibil-
    20  ity to the office of temporary and disability assistance.
    21    §  2.  Paragraph  (b)  of  subdivision  1 of section 209 of the social
    22  services law, as added by chapter 1080 of the laws of 1974,  is  amended
    23  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04689-01-5

        A. 1817                             2
 
     1    (b)  A  person  who is properly receiving supplemental security income
     2  benefits, or who has been awarded benefits for a closed period of eligi-
     3  bility, shall be deemed to have met the eligibility  criteria  contained
     4  in  subparagraphs  (i), (ii) and (iii) of paragraph (a) of this subdivi-
     5  sion.
     6    § 3. This act shall take effect immediately.
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A01817 LFIN:

 NO LFIN
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A01817 Chamber Video/Transcript:

5-29-25Video (@ 01:44:13)
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