Current through Register Vol. 47, No. 12, March 26, 2025
(a) With the exception of foster care
maintenance services and child care services, a social services district may
purchase services for eligible individuals from local public agencies, private
nonprofit agencies or organizations and private proprietary agencies. Foster
care maintenance services may be purchased only from authorized agencies as
defined in section
371
(10) of the Social Services Law. Foster care
maintenance services for children placed outside of this State may be purchased
from public agencies, private nonprofit agencies or organizations and private
proprietary agencies operating outside of this State only when the placements
comply with the interstate compact on the placement of children as set forth in
section
374-a of
the Social Services Law. Services for children with handicapping conditions
provided in accordance with article 89 of the Education Law may be purchased
from private proprietary agencies or organizations, and private nonprofit
agencies or organizations. Specific child care services may be purchased only
from those providers designated in Part 415 of this Title as eligible to
provide that specific type of child care services. All such purchases are
subject to the following conditions:
(1) The
social services district may purchase only those services defined, included and
authorized for purchase in the social services district's component of the
Consolidated Services Plan or the Integrated County Plan; child care services
in accordance with Part 415 of this Title; and foster care maintenance services
in accordance with Part 427 of this Title.
(2) Purchase of services and foster care
maintenance must be made pursuant to a written contract in accordance with the
requirements of section
405.3 of this Part unless
otherwise excepted therein, or unless otherwise authorized in accordance with
Part 415 of this Title.
(3) A
provider may not subcontract provision of services and foster care maintenance
unless expressly permitted to do so by the social services district and the
provider shall at all times be responsible for the performance of any
subcontractor.
(4) Services and
foster care maintenance may be purchased only if and to the extent that such
services and care are not available without cost.
(5) Providers of services and foster care
maintenance shall be licensed as required by law and shall comply with all
applicable mandatory State and Federal standards.
(6) The quantity and cost of services and
foster care maintenance actually provided pursuant to contract or letter of
understanding shall be documented.
(7) The social services district shall
determine the eligibility of individuals for services and foster care
maintenance and shall authorize the type and duration of services and foster
care to be provided.
(8) The social
services district shall, except when rates of payment have been established by
the department, negotiate rates of payment for purchased services and foster
care maintenance which do not exceed amounts reasonable and necessary to assure
quality of services and care and, in the case of services or care purchased
from other public agencies, are in accordance with the cost reasonably
assignable to such services and care. In no event shall the commissioner of the
social services district negotiate a rate which is in excess of the rate
charged to private consumers.
(9)
The social services district shall document the methods used in establishing
and maintaining rates negotiated in accordance with paragraph (8) of this
subdivision and maintain information to support such rates of payment in a form
accessible for audit purposes by State and Federal officers.
(10) Payment for services and foster care
maintenance purchased in accordance with this Part shall be made by the social
services district directly to the provider, except:
(i) When payment is permitted to be made to
the recipient for payment to the vendor, the social services district shall:
(a) specify to the recipient the type, cost,
quantity and vendor of such services; and
(b) establish procedures to insure proper
delivery of the services to, and payment by, the recipient.
(ii) When reimbursement to the
recipient is specifically authorized by the department, in which case, the
following requirements must be satisfied:
(a)
The recipient shall present a receipt or bill to the social services district
which evidences payment made by or payment due from the recipient of a
specified amount to a provider for a specified service or care specifically
identified in the individual services plan.
(b) The service or care received shall have
been approved by the social services district prior to purchase by the
recipient.
(c) The service or care
shall have been secured by the recipient within a period of time and at a cost
authorized by the social services district.
(11) Overall planning for purchase of
services and foster care maintenance and monitoring and evaluation of such
services and care shall be performed by staff of the social services
district.
(b) In the
case of services provided by purchase under emergency assistance to needy
families with children (EAF), the conditions of paragraphs (a)(2), (5), (8) and
(9) of this section need not be met, but only to the extent and for the period
necessary to deal with the emergency situation.
(c) Services and foster care maintenance
provided by purchase shall be subject to all other applicable requirements of
this Subchapter.
