Section 62. Responsibility for public assistance and care

1. Subject to
  reimbursement in the cases hereinafter provided for, each public welfare
  district shall be responsible for the assistance and care of any  person
  who  resides  or  is found in its territory and who is in need of public
  assistance and care which he is unable to provide for himself.
    5. This section is subject to the following exceptions:
    (a) Notwithstanding any other provisions of this chapter, in the event
  a recipient removes from one to another social services district in  the
  state, a social services official administering safety net assistance or
  family  assistance  to such recipient shall continue such assistance for
  such recipient for a period ending on the last day of the calendar month
  next succeeding the calendar  month  in  which  such  removal  occurred,
  provided  such  recipient  is otherwise eligible for such assistance and
  has not become a recipient of public assistance in the district to which
  he or she has removed.
    (a-1) Notwithstanding any other provisions of  this  chapter,  in  the
  event  a  recipient removes from one to another social services district
  in  the  state,  a  social  services  official   administering   medical
  assistance to such recipient shall continue such assistance for a period
  ending  on  the  last  day  of  the  calendar  month next succeeding the
  calendar month in which such removal is reported by the recipient to the
  social services district, provided that the recipient: has informed  the
  district  of  his  or  her  new  address  and  any  material  changes in
  circumstances affecting medical  assistance  eligibility;  is  otherwise
  eligible  for  medical  assistance;  and  has  not become a recipient of
  medical assistance in the district to which he or she has removed. After
  the last day of the calendar month next succeeding the calendar month in
  which such removal is reported, the recipient shall be eligible  without
  further  application  for  medical assistance administered by the social
  services  district  to  which  the  recipient  has  removed.   Continued
  provision of medical assistance under this paragraph is dependent on the
  recipient  meeting  all  applicable  requirements  of  titles eleven and
  eleven-D of article five of this chapter. This paragraph shall not apply
  to a recipient who is institutionalized in a medical  facility  and  who
  removes  from  one  social  services district to another district in the
  state.
    (b) If a public welfare district, town or city  provides  care  for  a
  person in a family home, boarding home, nursing home, convalescent home,
  hospital  or institution outside of its territory and pays for such care
  directly or through a grant made to the recipient,  the  public  welfare
  district,  town  or  city  making  such  provision  shall continue to be
  responsible for payment for such care as long as  the  recipient  is  in
  need  thereof. In the event any other type of public assistance and care
  is needed by a person receiving such care, it  shall  be  furnished  and
  paid  for  by  the  public welfare district, town or city which would be
  responsible for such required assistance and care  if  such  person  had
  remained  in  the  territory  of  the district, town or city making such
  provision; the  public  welfare  district,  town  or  city  making  such
  provision shall likewise be responsible for the care, removal and burial
  of the body of any such person who shall die, and the expense thereof.
    The  public  welfare  district,  town  or  city which, pursuant to the
  provisions of this paragraph, is providing public  assistance  and  care
  for  the mother of an infant, on the date of birth of such infant, shall
  be responsible for providing public assistance or care required by  such
  infant  on  and  after  the  date  of his birth; and such public welfare
  district, town or city shall be deemed to have made  provision  for  the
  care of such infant outside of its territory.

    When  a  child  who has been cared for away from his own home by or on
  behalf of a public welfare district, pursuant to title  two  of  article
  six  or  other  provisions  of this chapter, the family court act of the
  state of New York, or other provisions of law, is  discharged,  pursuant
  to  law, to his parents or parent, brother, sister, uncle, aunt or legal
  guardian, who are or is then residing  outside  the  territory  of  such
  public   welfare   district,   such   discharge   shall   terminate  the
  responsibility  of  such  public  welfare  district  to  furnish  public
  assistance  and care for such child pursuant to this paragraph; and upon
  such discharge it shall become the responsibility of the public  welfare
  district wherein such child is thereafter to reside with his relative or
  legal  guardian  to provide necessary public assistance and care for him
  as in the case of any other child residing therein.
    The provisions of this paragraph shall not be deemed to  authorize  or
  empower  towns or cities of a county public welfare district to exercise
  responsibilities  with  relation   to   public   assistance   and   care
  inconsistent  with  the responsibilities imposed or conferred on them by
  other provisions of this chapter.
    (c) When a mentally ill, mentally retarded or epileptic person  is  in
  need  of  public  assistance  or  care  while  on convalescent status or
  community  status  from  a  state  hospital  or  institution  under  the
  provisions  of  section  29.15  of  the  mental  hygiene law, the public
  welfare district, town or city  from  which  he  was  admitted  to  such
  hospital  or  institution  shall be responsible for providing and paying
  for such assistance or care as in the case of  other  persons  requiring
  public  assistance  and  care,  except  that  such  responsibility shall
  continue during any period such person  is  on  convalescent  status  or
  community  status outside the territory of such public welfare district,
  town or city and  shall  continue  thereafter  in  accordance  with  the
  provisions  of  this  paragraph  and  paragraph  (b)  if such person was
  receiving or should have been receiving public assistance or  care  from
  such  public welfare district, town or city outside its territory at the
  time he was  discharged  from  such  convalescent  status  or  community
  status.
    (d)  When a person, either upon admission to a hospital, nursing home,
  intermediate care facility, adult  home,  enriched  housing  program  or
  residence  for  adults  located in a social services district other than
  the district in which he was then residing, or while in  such  hospital,
  nursing  home,  intermediate care facility, adult home, enriched housing
  program or residence for adults,  is  or  becomes  in  need  of  medical
  assistance,  the  social services district from which he was admitted to
  such hospital, nursing home, intermediate  care  facility,  adult  home,
  enriched  housing  program  or residence for adults shall be responsible
  for providing such medical assistance for so  long  as  such  person  is
  eligible  therefor.  If  while  such  person  is  receiving care in such
  hospital, nursing home, intermediate care facility, adult home, enriched
  housing program or residence for adults or when discharged therefrom, is
  in need of any other type of  public  assistance  or  care,  the  social
  services  district,  town  or city from which the person was admitted to
  such hospital, nursing home, intermediate  care  facility,  adult  home,
  enriched  housing  program  or residence for adults shall be responsible
  for providing and paying for such public assistance or care  as  in  the
  case  of  other  persons  requiring  public  assistance  and care in its
  territory,  and  such  responsibility  shall  continue   thereafter   in
  accordance  with  the  provisions of this paragraph and paragraph (b) of
  this subdivision if such  person  was  receiving  or  should  have  been
  receiving  public assistance or care from such social services district,
  town or city; such social services district, town or city shall likewise

  be responsible for the care, removal or burial of the body of  any  such
  person  who  shall  die,  and for the expense thereof. The provisions of
  this paragraph shall likewise be applicable to the care of  an  eligible
  person  who,  while temporarily absent from the social services district
  in which he then resided, was admitted to a hospital or nursing home  in
  another social services district prior to the effective date hereof.
    (e)  A  public  welfare district which provides medical assistance for
  needy persons pursuant to the provisions of title eleven of article five
  of this chapter, shall not charge back any part  of  the  cost  of  such
  assistance to another public welfare district.
    (f)  (1)  The  social  services district in which a victim of domestic
  violence, as defined in article six-A of this chapter, was  residing  at
  the  time  of  the  alleged  domestic  violence shall be responsible, in
  accordance with section one hundred thirty-one-u of  this  chapter,  for
  the  cost  of emergency shelter and care provided to such victim and his
  or her minor children at a residential program for victims  of  domestic
  violence,  as  defined  in article six-A of this chapter, whether or not
  such program is located in the social services district  or  in  another
  social services district if such victim:
    a. was receiving public assistance at the time of entry to the program
  or
    b.  applies  for public assistance and care during the time the victim
  was residing in such program.
    (2)  The  social  services  district  to  which  such  application  is
  submitted  shall  forward  the  completed application to the district in
  which the victim resided at the time of the alleged domestic violence.
    (3) Responsibility for the cost of shelter and care pursuant  to  this
  paragraph shall be limited to the period during which the victim and his
  or  her  children,  if  any,  reside in such program. Responsibility for
  public assistance and care for any  period  after  termination  of  such
  residency  shall  be  determined  pursuant  to  other provisions of this
  section.
    (g) (1) When a person applies for medical parole, and is  in  need  of
  public  assistance,  including  medical  assistance,  the  department of
  correctional services shall cause an application for such assistance  to
  be forwarded to the department of social services.
    (2)  Upon  receipt  of an application for public assistance, including
  medical assistance, forwarded by the state  department  of  correctional
  services for persons meeting the conditions of medical parole, financial
  eligibility  for such assistance and care shall be determined by the New
  York state department of social services prior to the person's parole.
    (3) Determination of continuing  eligibility  for  public  assistance,
  including medical assistance, and care will be the responsibility of the
  social services district into which such person is released.
    (4)   Any   inconsistent  provision  of  this  chapter  or  other  law
  notwithstanding, when a person is released on medical parole pursuant to
  section two hundred fifty-nine-r of the executive law and is in need  of
  public  assistance,  including  medical  assistance, the social services
  district in which such person was convicted and from which he or she was
  committed to  the  custody  of  the  state  department  of  correctional
  services  shall  be  responsible  for  the  administrative  costs of the
  initial and any subsequent eligibility determination and  the  costs  of
  any  public  assistance,  including  medical  assistance, following such
  persons release on medical parole for so long as such person is eligible
  therefor.
    6. Homeless children. (a) Notwithstanding any other provision  of  law
  to  the contrary, the social services district which provides assistance
  or services to a homeless child in temporary housing located outside the

  school district of origin shall notify the  commissioner  of  education,
  the  school district of origin and the school district designated by the
  child, parent or person in parental relation pursuant to subdivision two
  of section thirty-two hundred nine of the education law within five days
  of such designation as the school district which such child shall attend
  upon  instruction.  Such notice shall include the name of the child, the
  name of the parent or person in parental relation to the child, if  any,
  the  name and location of the temporary housing arrangement, the name of
  the school district of origin and any other information required by  the
  commissioner of education.
    (b)  For  the purposes of this subdivision the terms "homeless child",
  and  "school  district  of  origin"  shall  be  as  defined  in  section
  thirty-two hundred nine of the education law.
    (c) A social services district shall provide for the transportation of
  each  homeless  child  who  is eligible for benefits pursuant to section
  three hundred fifty-j of this chapter to and from  a  temporary  housing
  location  in  which the child was placed by the social services district
  and the school attended by such child  pursuant  to  section  thirty-two
  hundred nine of the education law, if such temporary housing facility is
  located  outside of the designated school district pursuant to paragraph
  a of subdivision two of section thirty-two hundred nine of the education
  law. A social services district shall be authorized to contract  with  a
  board  of  education  or a board of cooperative educational services for
  the provision of such transportation.  This  paragraph  shall  apply  to
  placements  made by a social services district without regard to whether
  a payment is made by the district  to  the  operator  of  the  temporary
  housing facility.
    7.  The provisions of subdivision five of this section shall not apply
  with respect to the medical assistance eligibility of persons  described
  in subparagraph two of paragraph (a) of subdivision one of section three
  hundred sixty-six of this chapter.