N.Y. Soc. Serv. Law § 131-ss

§ 131-ss. Automated identification of OTDA assistance program\nparticipants. 1. Definitions. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Commissioner" shall mean the commissioner of the office of\ntemporary and disability assistance.\n (b) "Office" or "OTDA" shall mean the office of temporary and\ndisability assistance.\n (c) "OTDA assistance program participant" shall mean a household that\nis determined to be eligible by the office for any of the following\nprograms, provided, however, that the office may require written consent\nfrom OTDA assistance program participants before using data obtained\nfrom any of the following programs for the purposes of this section:\n (i) Public assistance;\n (ii) Home energy assistance program; and\n (iii) Any other income-based assistance program identified by the\npublic service commission that is administered and approved for\ninclusion under this section by the office.\n (d) "Utility corporation" shall include utility companies, utility\ncorporations, public utility companies, public utility corporations, gas\ncorporations, electric corporations, municipalities as defined in\nsection two of the public service law and regulated pursuant to the\npublic service law, water-works corporations subject to section fifty of\nthe public service law, a municipal corporation that provides public\nutility services, a rural electric cooperative, or a state public\nauthority that provides utility services.\n (e) "Utility corporation affordability programs" shall be defined by\nthe public service commission and shall be limited to utility\ncorporation programs which are intended to assist customers with energy\nor water service affordability by reducing customers' energy or water\nservice burden, as applicable.\n 2. Within one year of the effective date of this section, the\ncommissioner shall provide for automated identification of OTDA\nassistance program participants for participation in utility corporation\naffordability programs for energy affordability pursuant to subdivision\nfour of this section. Within one year and six months of the effective\ndate of this section, the commissioner shall provide for automated\nidentification of OTDA program participants for participation in utility\ncorporation affordability programs for water service affordability\npursuant to subdivision four of this section.\n 3. The utility corporation shall be responsible for working with the\noffice to facilitate and implement the technological capabilities to\nallow for the secure transmission of data through an interface with the\noffice's information technology infrastructure.\n 4. (a) To the extent permitted by federal law, regulations and\npolicies, the office, upon the utility corporation agreeing to and\nsigning the office's data terms and upon receipt of the required data\nelements from the utility corporation, as such data elements are defined\nby the office, shall conduct automated file matching to identify utility\ncorporation customer accounts that are also OTDA assistance program\nparticipants and, if permitted by federal law, regulations and policies,\nsuch information shall be provided to utility corporations no less than\nsemi-annually. Utility corporation customer accounts identified by the\noffice as potentially eligible for participation in available utility\ncorporation affordability programs as a result of such file matching\nshall be, if confirmed as eligible for such utility corporation\naffordability programs by the utility corporation, enrolled in such\nutility corporation affordability programs by the utility corporation\nwithin sixty days of receipt by the utility corporation of the results\nof the automated file match. Any information provided to the utility\ncorporations related to OTDA assistance program participants pursuant to\nthis section shall not be redisclosed by the utility corporation and\nshall only be utilized for the purpose of confirming eligibility in the\nutility corporation affordability program and providing notifications\npursuant to paragraph (b) of this subdivision.\n (b) Upon automatic enrollment in the utility corporation affordability\nprogram, the utility corporation shall provide written notification to\nthe utility corporation affordability program participant of their\nenrollment in such program.\n (c) Except as prohibited by federal law, regulation, or policy, and\nnotwithstanding any provision of state or local law, regulation, or\npolicy to the contrary, a utility corporation is authorized to share the\nrequired data elements for the purposes of and as provided for by this\nsection.\n 5. The commissioner may adopt, on an emergency basis pursuant to\narticle two of the state administrative procedure act, any rules\nnecessary to carry out the provisions of this article.\n 6. The commissioner may delegate the administration of any portion of\nthis section to any state agency, social services official, city,\ncounty, town, contractor or non-profit organization in accordance with\nthe provisions of this article and applicable federal requirements.\nProvided however, such privacy and confidentiality limitations\nprescribed in this section shall apply to any entity to which the\ncommissioner delegates the administration of any portion of this\nsection.\n