N.Y. Comp. Codes R. & Regs. tit. 18 § 415.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 415.6 - State reimbursement

(a) A change in the rate of payment based on a change in the age of a child is effective in the first full month following the date in which the child becomes 11/2 years of age or the date of the child's birthday, whichever is applicable.

(b) Reimbursement for payment on behalf of children who are absent from child care is subject to the following conditions:

(1) The provider rendering the child care services must be duly licensed, registered, or enrolled to provide child care services.

(2) Reimbursement for absences from child care must be paid up to 24 days per year.

(3) Reimbursement for absences from child care may be paid up to 80 days per year. The social services district must specify in its Child and Family Services Plan whether it opts to make absence payments above 24 days and, if applicable, the total maximum number of absences and for which providers such payments will be made.

(4) The social services district must also specify in its contract or written agreement with, or through written notice to, all providers the maximum number of absences for which payment is allowable.

(5) Reimbursement is not available for a day a child is absent from care if the provider ordinarily charges the caretaker on a daily or part-time basis and the child for whom reimbursement is requested is otherwise in need of and receives subsidized child care from a different provider on the same day.

(c) Reimbursement for payments to licensed or registered child day care providers or legally-exempt group child care programs during program closures also is allowable subject to the following conditions:

(1) The social services district has opted to make such payments. If a social services district opts to make such payments, it may choose to make such payments either to those child care providers with which the social services district has a contract or letter of intent or to all providers of subsidized child care services except for providers of informal child care. The social services district must specify in its Child and Family Services Plan whether or not it opts to make such payments and, if applicable, for which providers such payments will be made.

(2) The program closure is due to a State, Federal or nationally recognized holiday or due to extenuating circumstances beyond the provider's control including but not limited to:

(i) natural disaster;

(ii) severe weather; or

(iii) other emergency closings that are due to circumstances other than a substantiated regulatory violation.

(3) Reimbursement is available only for children in receipt of a child care subsidy who would otherwise be present at the child care program.

(4) Reimbursement is not available for a day the program is closed if the provider ordinarily charges the caretaker on a daily or part-time basis and the child for whom reimbursement is requested is otherwise in need of and receives subsidized child care services from a different provider on the same day.

(5) The maximum number of days allowable under this section is five per annum.

(6) The district must maintain a record of the payments made under this provision for each provider in order to receive reimbursement.

(d) Special reimbursement requirements specific to the title XX Social Services Block Grant Program.

(1) State reimbursement for child care services provided under title XX of the Federal Social Security Act will be available for 100 percent of allowable costs up to the amount of the social services district's annual title XX Social Services Block Grant allocation, or as otherwise provided by State law.

(2) When a client is determined to be eligible for child care services under the title XX Social Services Block Grant, payment must be claimed for reimbursement in accordance with the State instructions relating to such title.

(e) Payments by a social services district for child day care, informal child care and legally- exempt group child care are subject to reimbursement only when the following requirements are met:

(1) Payments do not exceed the actual cost of care. For purposes of this Part, the actual cost of care is:

(i) for care provided pursuant to a contract between the social services district and the provider, the payment rate set forth in the contract;

(ii) for care provided other than pursuant to a contract between the social services district and the provider, the amount charged to the general public for equal care in the providing facility or home; provided, however, if the facility or home cares only for subsidized children, then the actual cost of care is the amount the provider currently is receiving from the social services district for such children unless the provider can demonstrate to the social services district that the actual cost of providing care to such children is higher than that amount.

(2) Payments for eligible families/children do not exceed the amount charged to the general public for equal care in the providing facility or home. Income-based fee structures that are applied to the general public by child care providers must be applied to child care subsidy recipients and considered as the actual cost of care. Scholarships or discounts offered by the child care provider to the general public cannot exclude child care subsidy recipients if the family otherwise meets the criteria specified for that scholarship or discount.

(3) Payments per child do not exceed the applicable rates for the type of child care provider used and the age of the child set forth in section 415.9 of this Part.

(4) Payments cannot be made when such care is provided by a member of the child's or the caretaker's public assistance unit, the child's caretaker, the spouse of the child's caretaker, or a member of the child care services unit.

(5) Payments cannot be made when such care is provided by a member of the public assistance unit including essential persons as referred to in section 369.3(c) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 415.6

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020

Amended New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021

Amended New York State Register January 10, 2024/Volume XLVI, Issue 2, eff. 12/26/2023, exp. 2/23/2024 (Emergency)

Amended New York State Register February 28, 2024/Volume XLVI, Issue 9, eff. 2/13/2024, exp. 4/12/2024 (Emergency)

Amended New York State Register May 1, 2024/Volume XLVI, Issue 18, eff. 4/11/2024, exp. 6/9/2024 (Emergency)