Current through Register Vol. 46, No. 39, September 25, 2024
(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.
