Current through Register Vol. 46, No. 39, September 25, 2024
(a) Each social services district may provide
child care services directly or may pay for such services in accordance with
the provisions of this section applicable to the particular child care services
program.
(1) For child care services provided
under the New York State Child Care Block Grant Program, payment may be made by
one or more of the following methods:
(i) by
advance cash payments, cash reimbursements or vouchers to the child's
caretaker, or by direct deposit or debit card, and administered electronically,
and in accordance with such guidelines as may be set forth by the office, for
care provided by an eligible provider and supported by a bill signed by both
the child's caretaker and the provider; or
(ii) by a purchase of services contract or
letter of intent in accordance with section
405.3 of
this Title, or by advance cash payments, cash reimbursements or vouchers to an
eligible provider.
(2)
The provisions in section 159 of the Social Services Law precluding
the payment of cash assistance for certain families in receipt of safety net
assistance do not apply to the payment of child care services for such
families.
(3) A social services
district must establish at least one method of payment by which payment for
child care services arranged by the child's caretaker can be made. A social
services district must not establish administrative requirements for payment
that impose unnecessary barriers on the caretaker's choice of an eligible child
care provider.
(i) A child care provider
cannot be required to participate in a direct deposit program.
(ii) Child care providers cannot be required
to enter into a contract with a social services district in order to provide
child care services for a family receiving child care assistance funded under
the New York State Child Care Block Grant.
(4) A social services district must establish
in written policy timeframes for the submittal by the child care provider
and/or subsidy recipient of a bill for and documentation of child care services
and for the processing of payment by the social services district. The social
services district must notify the child care provider of the billing and
payment policies, or, if paying the child's caretaker directly, the district
must notify the caretaker.
(b) Notwithstanding the provisions in
415.5(a)(1) of this Part, upon the implementation of a statewide system, a
social services district must offer eligible providers, including legally
exempt providers, the option to receive payment for subsidized child care
services by direct deposit into the bank account of the child care provider.
(1) Such direct deposit shall only be at the
express written consent of the provider on forms to be provided by the social
services district.
(2) Such written
consent can be revoked at any time by the provider in writing on forms provided
by the social services district.
(c) For child care services provided under
title XX of the Federal Social Security Act or provided as child protective
services or preventive services funded other than under the New York State
Child Care Block Grant Program, payment must be made by a purchase of services
contract or letter of intent in accordance with section
405.3 of
this Title.
(d) Attendance and
payment records must be monitored for all providers receiving payment for child
care services regardless of the method of payment.
