New York State Office of Temporary and Disability Assistance

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The Office of Temporary and Disability Assistance (OTDA) is a division of the New York state government responsible for overseeing programs that provide financial assistance, housing support, and other services to individuals and families in need. It administers initiatives such as Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP). Along with the New York State Office of Children and Family Services it is part of the pro forma Department of Family Assistance.

Contents

Administration

The New York (state) Welfare Management System receives, maintains and processes information relating to persons who apply for benefits, or who are determined to be eligible for benefits under any program administered by the department.

Administrative reviews ("Fair Hearings") of decisions by a local social services agency are handled by the OTDA Office of Administrative Hearings. [1] A Rivera request, also known as an evidence packet request, is the document (labeled W-186A) used for requesting evidence relating to a NYC Human Resources Administration fair hearing pursuant to the stipulation and settlement in Rivera v. Bane .

History

In 1867 a Board of State Commissioners of Public Charities was created to visit and examine into the affairs of all charitable institutions. [2] [3] In 1894 a constitutional convention enacted a provision requiring the Legislature to establish a State Board of Charities to visit and inspect all institutions. [4] [5] [3] In 1909 the Poor Law was consolidated in chapter 42, and the State Charities Law in chapter 55, of the Consolidated Laws of New York. [6] [7] The Public Welfare Law superseded the Poor Law in 1929. [8] [9] In 1931 they were renamed as the Department of Social Welfare and the State Board of Social Welfare. [10] [3] In 1940 the State Charities Law and the Public Welfare Law were consolidated and clarified in one Social Welfare Law. [11] [12] [3] [13] In 1967 it was renamed as the Department of Social Services. [14]

The state implemented Medicaid in 1966 and designated the department as the "single state agency", but required it to contract with the state Department of Health. [15] [16] The Social Services Department and local social districts were responsible for eligibility determinations and paying claims, while the Health Department and local health districts were responsible for settings standards (including fees schedules) and supervising and surveilling providers. [16]

On August 20, 1997, Governor Pataki signed the Welfare Reform Act of 1997 that, in relevant part, renamed it as the Department of Family Assistance, and also divided the department into Office of Temporary and Disability Assistance (OTDA) and the State Office of Children and Family Services (OCFS). [17] [18] [19] [20] [21] [22] [23] These two offices assumed many of DSS' functions. Other functions of the former DSS were transferred to the Department of Labor and the Department of Health.

See also

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References

  1. ↑ "Fair Hearings". New York State Office of Temporary and Disability Assistance . Retrieved 7 September 2015.
  2. ↑ "An act to provide for the appointment of a Board of Commissioners of Public Charities, and defining their duties and powers". Laws of New York . Vol.  90th sess.: II. 1867. pp. 2396–2399. hdl:2027/nyp.33433107682068. ISSN   0892-287X. Chapter 951, enacted 23 May 1867, effective immediately.
  3. 1 2 3 4 Matter of Bonez, 50 Misc. 2d 1080, 272 N.Y.S.2d 587 (N.Y. Misc. 1966)
  4. ↑ NYS Constitution Art. VIII, § 11.
  5. ↑ "State Charities Law". Laws of New York . Vol.  119th sess.: I. 1896. pp. 511–559. hdl:2027/nyp.33433090742655. ISSN   0892-287X. Chapter 546, enacted 12 May 1896, effective 1 October 1896.
  6. ↑ "Poor Law". Consolidated Laws of New York . Vol. IV. 1909. pp. 2861–2912. Chapter 46 of the Laws of New York, enacted 17 February 1909, effective immediately.
  7. ↑ "State Charities Law". Consolidated Laws of New York . Vol. V. 1909. pp. 3681–3796. Chapter 57 of the Laws of New York, enacted 17 February 1909, effective immediately.
  8. ↑ "An act in relation to the public welfare, constituting chapter forty-two of the consolidated laws". Laws of New York . Vol.  152nd sess.: I-II. 1929. pp. 1149–1572. hdl:2027/uc1.b4378097. ISSN   0892-287X. Chapter 565, enacted 12 April 1929, effective immediately and 1 January 1930.
  9. ↑ Counsel to the Governor (12 April 1929), NYS Bill and Veto Jackets: 1929, Chapter 565, New York State Library
  10. ↑ "An act to amend the state charities law, in relation to the designation of the department of charities and state board of charities, that such designations may be descriptive of their functions". Laws of New York . Vol.  152nd sess.: I-II. 1929. pp. 1571–1572. hdl:2027/uc1.b4378097. ISSN   0892-287X. Chapter 654, enacted 15 April 1929, effective immediately.
  11. ↑ "Social Welfare Law". Laws of New York . Vol.  163rd sess. 1940. pp. 1640–1768. hdl:2027/nyp.33433108121298. ISSN   0892-287X. Chapter 619, enacted 18 April 1940, effective 1 March 1941.
  12. ↑ Counsel to the Governor (18 April 1940), NYS Bill and Veto Jackets: 1940, Chapter 619, New York State Library
  13. ↑ "LEHMAN SIGNS BILL ON WELFARE UNITY: Consolidation of Old Law and the Charities Act Is a Forward Step, He Asserts". The New York Times. 22 April 1940.
  14. ↑ "An act to amend the title and body of the social welfare law, in relation to re-entitling such law as the social services law…". Laws of New York . Vol.  190th sess.: I. 1967. pp. 1936–1938. ISSN   0892-287X. Chapter 728, enacted 2 May 1967, effective 1 July 1967.
  15. ↑ "An act to amend the social welfare law, the code of criminal procedure, the family court act, the local finance law, the mental hygiene law and the administrative code of the city of New York, in relation to medical assistance for needy persons". Laws of New York . Vol.  189th sess.: I. 1966. pp. 844–880. hdl:2027/uc1.b4378123. ISSN   0892-287X. Chapter 256, approved 30 April 1966.
  16. 1 2 US Senate Special Committee on Aging Subcommittee on Long-Term Care (1976). Fraud and Abuse Among Practitioners Participating in the Medicaid Program (Report). GPO. p. 121. LCCN   77600797 . Retrieved 2024-12-22.
  17. ↑ "The Welfare Reform Act of 1997". Laws of the State of New York Passed at the Sessions of the Legislature . 220th sess.: III: 2806–2961. 1997. hdl:2027/nyp.33433017532999. ISSN   0892-287X. Chapter 436, enacted 20 August 1997, effective immediately with provisos. § 122(a) at p. 2922: "Notwithstanding any inconsistent provision of law to the contrary, effective April 1, 1997, the department of social services, as established by chapter 55 of the consolidated laws of the state of New York, is hereby renamed the department of family assistance. Within the department there shall be the following autonomous offices: (1) the office of children and family services; and (2) the office of temporary and disability assistance. (b) The head of the office of children and family services shall be the commissioner of children and family services and the head of the office of temporary and disability assistance shall be the commissioner of temporary and disability assistance."
  18. ↑ Counsel to the Governor (20 August 1997), NYS Bill and Veto Jackets: 1997, Chapter 436, New York State Archives
  19. ↑ "Analysis Of The NYS Welfare Reform Act Of 1997". Western New York Law Center. § 122.
  20. ↑ Pecorella, Robert F.; Stonecash, Jeffrey M. (2006). Governing New York State (5th ed.). SUNY Press. p. 358. ISBN   0-7914-6692-2.
  21. ↑ Eisenstadt, Peter (2005). The Encyclopedia of New York State. p. 544. ISBN   9780815608080.
  22. ↑ Benjamin, Gerald (2012). Benjamin, Gerald (ed.). The Oxford Handbook of New York State Government and Politics. p. 396. doi:10.1093/oxfordhb/9780195387230.001.0001. ISBN   978-0-19-538723-0.
  23. ↑ 9 CRR-NY 165-1.2.
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