Current through Register Vol. 46, No. 39, September 25, 2024
A social services district has the option to apply the
weekly or daily rate, except as provided below, when care is provided for 30 or
more hours per week on five or less days. When care is provided for less than
30 hours per week, the daily or part-day rates must be applied, as
applicable.
(a) Weekly rates must be
applied when care is provided for 30 or more hours for five or less days per
week. Weekly rates also must be applied when child care services are provided
for 30 or more hours per week by a child care provider who routinely charges
nonsubsidized parents on a weekly basis and who has not signed a purchase of
service contract or other written agreement for payment on a different
basis.
(b) Daily rates must be
applied if care is provided for at least six but less than twelve hours per
day, and care is provided for less than 30 hours per week. When child care
services are provided for 30 or more hours per week by a child care provider
who routinely charges nonsubsidized parents on a daily basis and who has not
signed a purchase of service contract or other written agreement for payment on
a different basis, the weekly rates divided by five must be applied.
(c) Part-day rates must be applied when the
child care services are provided for less than six hours per day.
(d) Where child care services are provided by
multiple providers, reimbursement will be made for the actual cost of such
services up to the applicable rate for each child care provider used. However,
if the combined reimbursement to the multiple providers would exceed one weekly
market rate, in order to receive such reimbursement the parent or caretaker
must demonstrate that the schedule of employment of the parent or caretaker or
the special needs of the child necessitates that child care services be
arranged with multiple providers. If the social services district determines
that the parent or caretaker has not demonstrated that there is a necessity to
use multiple providers, reimbursement is limited to one weekly market rate that
is applicable for the type of provider who provides care for the highest number
of hours. The social services district will determine how to distribute the
reimbursement for the multiple providers.
(e)
Differential payment rates for
child care services.
(1) A social
services district may establish a differential payment rate for child care
services provided by licensed or registered child care providers that have been
accredited by a nationally recognized child care organization. Legally-exempt
child care providers are not eligible for a differential payment rate under
this paragraph. If the social services district chooses to provide a
differential rate, the differential rate must be at least five percent higher
than the actual cost of care or the applicable market rate, whichever is less.
The differential rate may not exceed 15 percent of the actual cost of care or
the applicable market rate, whichever rate is less.
(2) A social services district must establish
differential payment rates for any eligible child care provider as defined in
section
415.1(g)
of this Part for child care services provided during nontraditional hours
(evening, night or weekend hours). The differential rate must be at least five
percent higher than the actual cost of care or the applicable market rate,
whichever is less. The differential rate may not exceed 15 percent of the
actual cost of care or the applicable market rate, whichever is less.
(3) A social services district must establish
differential payment rates for licensed and registered child care providers for
child care services provided to a child experiencing homelessness. A social
services district may establish differential payment rates for legally-exempt
child care providers for a child experiencing homelessness. The differential
rate for licensed and registered child care providers must be at least five
percent higher than the actual cost of care or the applicable market rate,
whichever is less. There is no minimum differential rate for legally-exempt
child care providers. The differential rate may not exceed 15 percent of the
actual cost of care or the applicable market rate, whichever is less.
(4) The differential payment rates the
district sets may be different for each category established in this
subdivision. The social services district must indicate in the district's
consolidated services plan or integrated county plan the percentage that it
will provide for each category. The social services district must indicate the
rate that it will provide for child care providers that qualify for multiple
differential payment rates, pursuant to this section. The total percentage must
not exceed 25 percent of the applicable market rate or the actual cost of care.
A social services district may request a waiver from the office to establish a
payment rate that is in excess of 25 percent above the applicable market rate
upon a showing that the 25 percent maximum is insufficient to provide access
within the district to such child care providers or services, as
applicable.
(f)
Establishment of market rates.
(1) The Office will establish local market
rates for child care services for each social services district set forth by
the type of provider the age of the child and the amount of time the child care
services are provided per week.
(2)
There are two market rates for informal child care, a standard market rate and
an enhanced market rate. The standard market rate for informal child care will
be 65 percent of the applicable registered family day care market rate. The
enhanced market rate for informal child care will be 70 percent of the
applicable registered family day care market rate. The enhanced market rate
will apply to those informal child care providers who have provided notice to,
and have been verified by, the applicable enrollment agency as having completed
10 or more hours of training annually in the areas set forth in section 390-a (3)(b) of the Social
Services Law. This 10 or more hours of training must be in addition to the
training requirements in section
415.13 of this Part. A social
services district has the option, if it so chooses in the child care portion of
its Child and Family Services Plan, to increase the enhanced market rate for
informal child care providers to up to 75 percent of the applicable registered
family day care market rate.
(3)
The social services district must use the most recent market rates established
by the Office when calculating payments for child care services. The market
rates are established by the Office at no less than the eightieth percentile of
the most recent market-related survey.
(4) The market rate for child care services
provided to a child determined to have special needs, pursuant to subdivision
415.1(c) of this
Part, is a percentage specified by the office applied to the rates set under
paragraph 415.9(h)(3) of this Part. The special needs rate will only be applied
if the parent demonstrates the special needs of the child require child care
related services of a type or amount beyond that which is generally required by
children of similar age, and the total cost of providing child care services
exceeds the rates set in paragraph 415.9(h)(3) of this
Part.
(g) When a social
services district pays for child care services provided by an eligible provider
located in another district, the applicable market rate is the rate for the
district in which the child care provider is located. This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule
making. The emergency rule will expire October 27, 2022.
(h) Establishment of market rates.
(1) The Office will establish local market
rates for child care services for each social services district set forth by
the type of provider, the age of the child and the amount of time the child
care services are provided per week.
(2) There are two market rates for informal child care, a standard
market rate and an enhanced market rate. The standard market rate for informal
child care will be 65 percent of the applicable registered family day care
market rate. The enhanced market rate for informal child care will be 70
percent of the applicable registered family day care market rate. The enhanced
market rate will apply to those informal child care providers who have provided
notice to, and have been verified by, the applicable enrollment agency as
having completed 10 or more hours of training annually in the areas set forth
in section 390-a (3)(b) of the Social Services Law. This 10 or more hours of
training must be in addition to the training requirements in section 415.13 of
this Part. A social services district has the option, if it so chooses in the
child care portion of its Child and Family Services Plan, to increase the
enhanced market rate for informal child care providers to up to 75 percent of
the applicable registered family day care market rate.
(3) The social services district must use
the most recent market rates established by the Office when calculating
payments for child care services. The market rates are established by the
Office at no less than the eightieth percentile of the most recent
market-related survey.
(4) The
market rate for child care services provided to a child determined to have
special needs, pursuant to subdivision 415.1(c) of this Part, is a percentage
specified by the office applied to the rates set under paragraph 415.9(h)(3) of
this Part. The special needs rate will only be applied if the parent
demonstrates the special needs of the child require child care related services
of a type or amount beyond that which is generally required by children of
similar age, and the total cost of providing child care services exceeds the
rates set in paragraph 415.9(h)(3) of this Part.
(i) When a social services district pays for
child care services provided by an eligible provider located in another
district, the applicable market rate is the rate for the district in which the
child care provider is located.
