Current through Register Vol. 46, No. 39, September 25, 2024
(a)
General requirements. A social services district will be reimbursed for 65
percent of the costs of mandated, non-mandated, and community optional
preventive services provided pursuant to section 409-a of the Social Services Law when the
following conditions are met:
(1) children
and their families receiving such preventive services meet the client
eligibility criteria as defined in sections
423.3
and
430.9
of this Title or a community optional preventive services program approved by
the Office of Children and Family Services ("OCFS") under subdivision (3) of
section 409-a of the Social Services
Law;
(2) the social services
district receives approval of its county's child and family services plan
pursuant to section 34-a of the Social Services Law;
(3) the social services district certifies
that it will not be using these funds to supplant other State and local funds
and that it will not submit claims for reimbursement for the same type and
level of services that the district previously provided and claimed under any
contract in existence on October 1, 2002 as other than child protective,
preventive, independent living, or after care services or adoption
administration and services, other than adoption subsidies provided pursuant to
title 9 of article 6 of the Social Services Law and implementing
regulations;
(4) for a district to
receive an increase in funding for child protective, preventive, independent
living, or after care services, or adoption administration and services over
the amount the district received for such services that were reimbursable in
State fiscal year 2004-05:
(i) the amount of
funds that the district expends on such services from its flexible fund for
family services allocation and any flexible fund for family services funds
transferred at the district's request to the title XX social services block
grant must, to the extent that families are eligible therefore, be equal to or
greater than the amount the district spent for such services that were
reimbursed during State fiscal year 2004-05 with temporary assistance to needy
families block grant funds for families eligible for emergency assistance to
families and with temporary assistance to needy families block grant funds
transferred to the title XX social services block grant; or
(ii) the district must increase the gross
amount of such funds above the amount claimed for State fiscal year 2004-05, in
which case, the increase in funding will only be available for 65 percent of
the claims that exceed the gross amount claimed in State fiscal year
2004-05;
(5) beginning
January 1, 2008, such preventive services, whether purchased or provided
directly by the district, include performance or outcome-based provisions.
(i) For purposes of complying with this
requirement, performance means quantifiable and verifiable interim changes in,
or maintenance of, the conditions or behaviors of the target population
resulting from the provision of services that indicate progress towards an
outcome, and outcome means the anticipated change in, or maintenance of,
conditions or behaviors of a targeted population as a result of the provision
of services.
(ii) In the absence of
the required performance or outcome-based provisions, OCFS may limit up to 100
percent of a district's State reimbursement for preventive services
expenditures related to any increases in the amount of the district's gross
claims for such expenditures that are otherwise reimbursable during State
fiscal year 2007-08 and thereafter that exceed the amount of its gross claims
for the period October 1, 2005 through September 30, 2006 that were claimed
through March 31, 2007. However, OCFS may determine, in its discretion, not to
reduce a district's reimbursement in this manner if the district is able to
demonstrate, in a form and manner determined by OCFS, that the absence of the
required performance or outcome-based provisions is due to extenuating
circumstances beyond the district's control including, but not limited to, the
inability to amend a contract for the purchase of preventive services that was
in effect on April 9, 2007 that extends past January 1, 2008.
(b) In-kind or indirect
services and donated funds. Claims for preventive services and independent
living services submitted by a social services district for reimbursement may
be comprised of in-kind, indirect services, and non-tax levy funds, including
but not limited to privately donated funds, up to the same amount as the social
services district's claims for such services during Federal fiscal year 1998-99
were comprised of in-kind, indirect services and non- tax levy funds; provided,
however, that up to 171/2 percent of a social services district's claims for
preventive services and independent living services may be comprised of
privately donated funds if the percentage of its claims comprised of privately
donated funds was less than 171/2 percent during Federal fiscal year 1998-99.
Federal reimbursement of such claims shall be available only to the extent
permitted by Federal law or regulations.
(c) Reimbursement by OCFS for foster care
services, including casework contact requirements pursuant to section
441.21 of
this Title and diligence of efforts requirements pursuant to section
430.12
of this Title may not be claimed as preventive services.
(d) Reimbursement by OCFS for child
protective services, including activities of receiving and investigating
reports and monitoring shall not be claimed as preventive services.
(e) Reimbursement by OCFS to local social
services districts for preventive services expenditures shall be claimed on
such forms as designated by OCFS.
(f) Notwithstanding any provision of this
section, reimbursement by OCFS to local social services districts for
preventive services expenditures shall not be made unless the local social
services districts explore and use other available funding sources including
title XIX of the Social Security Act where applicable.
(g) Notwithstanding any provision of this
section, reimbursement by OCFS to local social services districts for
preventive services expenditures shall not be made if OCFS determines that such
local districts are over-utilizing particular forms or types of preventive
services or are not providing balanced preventive services programs based on
the identified needs of children and families residing in such local
districts.
(h) Social services
districts shall prepare and submit to OCFS information about compliance with
this section in a form and manner and at the times specified by OCFS.
