New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 1 - Provision of Social Services-general
Part 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence
Section 408.7 - Standards of payment for programs for victims of domestic violence

(1) Programs operated by not-for-profit corporations providing domestic violence services must submit to the department the fiscal, programmatic and statistical reports and information relating to the standards and costs of providing residential care and services to victims of domestic violence and their children required by the department on such forms or in such a manner as the department may, from time to time, require. Such forms and records must be submitted to the department by April 15th of each year by residential programs located outside New York City and by October 15th of each year by residential programs located in New York City. Programs which submit completed forms and reports to the department will be notified in writing by the department if such forms or reports must be clarified or supplemented. A program which is so notified will be given an additional 30 calendar days from the date of notice by the department to submit the corrected forms or reports. A program which does not submit the required forms and reports, submits part but not all of the required forms and reports, or fails to clarify or supplement the forms and reports as requested by the department by the applicable date will be deemed to have failed to meet the submittal deadline and will be subject to a reduction of the administrative component of the per diem rate for the program's next fiscal year as specified in this Part.

(2) If a program is unable to meet the applicable deadline for a good cause, the program may request an extension of up to 30 days in which to submit the required fiscal, programmatic and statistical forms and reports. This request must be submitted in writing to the department prior to the applicable deadline, and must include an explanation of why the extension is needed. For good cause shown, the department may grant an extension of up to 30 days. If there are unusual circumstances which are beyond the control of the program and which justify the extension, the department may grant additional 30 day extensions until the program is able to submit the required forms and reports. The department will notify the program in writing of any extension granted pursuant to this paragraph.

(3) Those programs which fail to submit the required forms and reports in a timely fashion, or fail to respond within 30 days to a written request from the department for clarifying or supplemental information on any forms or reports already submitted, will be assessed a penalty. Such penalty will result in a reduction of the administrative component of the approved per diem rate beginning on the first day of the fiscal year for which the new rate applies and ending on the date in the same fiscal year, determined in accordance with the following schedule:

(4) For those programs which are granted an extension by the department pursuant to paragraph (2) of this subdivision, the calculation of the number of days the documentation is late will commence on the next business day following the expiration of the extension. For those programs which receive a written request from the department for clarifying or supplemental information pursuant to paragraph (1) of this subdivision, the calculation of the number of days the documentation is late will commence on the 31st day after the date of such written request if the requested material is not submitted before the end of any extension period granted by the department. If the due date falls on a weekend or holiday, the calculation of the number of days the documentation is late will commence on the next business day. Every calendar day after the date the calculation commences will be counted when determining the total number of days that a program is late in submitting the required documentation to the department. The total number of days beyond the date authorized for submitting required reports or forms pursuant to this Part or the date authorized for submitting clarifying or supplemental information will be considered in establishing the total number of late days and the amount of the penalty.

(1) The department will establish an approved per diem rate for each licensed residential program for victims of domestic violence operated by a not-for-profit corporation. This rate will apply to any social services district financially responsible for a victim of domestic violence residing in the program. The per diem rate, which is not negotiable, will be:

(2) For purposes of establishing a per diem rate, for residential programs located outside of New York City, the fiscal year will be January 1st -December 31st. For residential programs located in New York City, the fiscal year will be July 1st - June 30th.

(1) Only the following items, as described in forms and instructions provided by the department, are allowable costs for purposes of determining an approved per diem rate:

(2) Costs used in determining per diem rates may be reduced by the amount of any government grants, including grants from the department, awarded to a residential program pursuant to article 6-A of the Social Services Law.

(3) Optional services provided pursuant to Parts 454 and 455 of this Title and staffing levels which exceed the minimum standards set forth in Parts 453, 454 and 455 of this Title may be included in the calculations when determining an approved per diem rate.

(4)