Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Submission of forms and reports; penalty.
(1) In order that appropriate maximum State
aid reimbursement rates for foster care services provided by authorized
agencies, and maintenance services provided in approved schools for the
handicapped may be promulgated in a timely manner, authorized agencies and such
schools shall submit the required fiscal, programmatic and statistical reports
and forms relating to the standards and cost of providing foster care and
educational maintenance services to the department prior to November 1st of
each year. Agencies and schools which submit completed forms and reports to the
department shall be notified in writing by the department if such reports or
forms need clarification or supplementation. An agency or school which is so
notified will be given an additional 30 days from the date of the notice to
submit the corrected forms or reports. An authorized agency or approved school
for the handicapped which fails to submit the required forms and reports or
submits part but not all of the required forms and reports to the department by
November 1st will be deemed to have failed to meet the submittal
deadline.
(2) If for good cause
shown, an agency or school is unable to meet the November 1st deadline, the
agency or school may request an extension which must include an explanation of
why the extension is needed. This request shall be submitted in writing to the
department prior to the November 1st due date. The department may grant an
extension of up to 30 days. A further extension may be granted until December
31st, if there are unusual circumstances which are beyond the control of the
agency or school and which justify the extension. If the unusual circumstances
continue to exist beyond December 31st, the department may grant one- month
extensions until the agency or school is able to submit its mandated reports
and forms. All extensions granted by the department pursuant to this paragraph
shall be forwarded in writing to the appropriate authorized agency or
school.
(3) Those authorized
agencies and schools which are late in submitting the required forms or
reports, or fail to respond within 30 days to a written request from the
department for additional or clarifying information on forms or reports already
submitted, will be subject to a penalty. Such penalty shall result in a
reduction in the allowable administrative cost component of the agency's or
school's maintenance rate for a specified period of time. The administrative
component for family boarding home programs is composed of the same
administrative cost accounts as are used in establishing the administrative
component for the group foster care programs and approved schools. The amount
of the penalty will depend upon the number of days after November 1st which
expire prior to receipt of the required reports and forms by the department.
The penalties will be determined in accordance with the following schedule:
|
Days
late |
Percentage reduction of reimbursable
administrative cost component |
Starting date of full rate for authorized
agencies |
Starting date of full rate for approved
schools |
| 16 - 30 days |
10 percent |
July 15th |
September 15th |
| 31 - 45 days |
20 percent |
August 1st |
October 1st |
| 46 - 60 days |
40 percent |
August 15th |
October 15th |
| 61 - 90 days |
50 percent |
September 1st |
November 1st |
| 91 - 180 days |
60 percent |
September 1st |
November 1st |
| 181 - 270 days |
75 percent |
September 1st |
November 1st |
| 271 - 365 days |
90 percent |
September 1st |
November 1st |
| 365+ |
100 percent |
September 1st |
November 1st |
For those agencies or schools which have not submitted
their mandated reports and forms by June 1st, the maintenance rate payable
beginning July 1st will be equal to the previous year's maintenance rate minus
90 percent of such rate's administrative component. This reduced rate will
continue in effect until a new maintenance rate can be calculated. Upon receipt
of the required reports and forms, a new maintenance rate will be calculated
and made effective retroactively. A percentage of the administrative cost
component of the new rate will be deducted from such rate in accordance with
the above-referenced penalty schedule.
(4) The department shall start counting the
number of days late on November 2nd. For those agencies or schools which are
granted an extension by the department pursuant to paragraph (2) of this
subdivision, the count will start the day after the extension expires. For
those agencies or schools which receive a written request for additional or
clarifying information pursuant to paragraph (1) of this subdivision, the
penalty count starts on the 31st day after the date of such written request if
the requested additional material is not submitted within the 30 days allowed.
If the due date falls on a weekend or holiday, the count will begin on the next
business day. Every day which qualifies as a late day shall be counted when
determining the total number of days that an agency or school 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 supplemental
information shall be considered in establishing the total number of late days
and the amount of the penalty.
(b) State reimbursement shall not be made to
a social services district on payments for foster care for children in an
institution, group residence, group home program, agency boarding home program,
foster family boarding home program or on payments for educationally
handicapped children in an approved school for the handicapped until the
department has promulgated a maximum State aid rate on which State
reimbursement shall be made for providing care for a child in such
facilities.
(c)
Placements
outside of New York State.
State reimbursement for the cost of foster care for any
child provided in an institution, group residence, group home program, agency
boarding home program or foster family boarding home program outside New York
State shall not exceed the maximum reimbursement level established for the same
type of foster care purchased within New York State.
(d)
Community facilities
projects.
Any special foster care project which is financed in
whole or in part pursuant to the provisions of title 5-A of article 6 of the
Social Services Law (Youth Facilities Improvement Act) and which has entered
into a regulatory agreement in the manner prescribed by the department, shall
be reimbursed and have its maximum reimbursement level set pursuant to the
terms of said regulatory agreement and/or section 410-i of the Social Services
Law, subject to the approval of the Director of the Budget.
