Current through Register Vol. 46, No. 39, September 25, 2024
(a) The department shall review the plan
within 45 days of submission, and a letter will be transmitted to the local
commissioners within this period which will indicate approval or nonapproval
for the whole or parts of the plan and state the reasons for such
determination. The department shall utilize the following criteria for such
decision:
(1) that the plan complies with the
requirements set forth in this Part and in section 409-d of the Social Services
Law;
(2) that the plan is
consistent with other applicable provisions of the Social Services Law and with
the regulations of the department;
(3) that the plan demonstrates that services
included therein are appropriate to meet the assessed needs of the children and
families for whom the district is or may be responsible; and
(4) that the plan is consistent with the
prior year plan in that it addresses achievement or failure to achieve
objectives in the prior year's plan, recommends alternative activities to
achieve restated prior year objectives, when appropriate.
(b) Within 45 days of receipt of notice of
initial nonapproval of the whole or part of the plan, the local district must
submit a revised plan or parts thereof. The district must submit final
revisions within 30 days of receipt of notice of nonapproval of a revised plan
or parts thereof. The department shall approve/disapprove the initial revision
of the disapproved plan by October first, or within 10 days of submission of
such initial revision, whichever is later.
(1) No portion of the plan shall be finally
disapproved until the district has at least one opportunity for
resubmittal.
(2) A final
disapproval of the plan, pursuant to this Part, shall be reviewable pursuant to
article 78 of the Civil Practice Law and Rules.
(c) Reimbursement for services.
(1) Reimbursement for services to be provided
pursuant to the plan shall not be available to a local district until the local
plan is approved by the State Department of Social Services.
(i) If the plan is approved as submitted,
State reimbursement for all proposed services shall be available to the local
district.
(ii) If the entire plan
is disapproved, reimbursement for all the services covered by the plan shall
not be available to the local district. In cases of partial approval,
reimbursement will be available for the services covered by the approved
parts.
(2) Reimbursement
shall be available to the district from the beginning of the plan year for only
that part of the plan approved as in subparagraph (1)(i) of this subdivision.
For all or part of the plan, approved after the beginning of the plan year, the
effective date of reimbursement will be determined by the department.
(3) Reimbursement for each individual service
shall be available pursuant to the maximum rate established by the department.
Where no rate schedules have been established by the department for an
identified service, rates will be subject to approval/nonapproval by the
department. The rate of reimbursement of any service shall in no event exceed
the rate of reimbursement approved by the department or by any other department
or agency for such services subject to reimbursement by the State.
(4) Reimbursement shall not be paid for
services for which State aid or reimbursement is available through any other
State department or agency.
(5)
Reimbursement for preventive services provided to children in foster care shall
be available pursuant to regulations promulgated pursuant to sections 398-a and
410-i of the Social Services
Law.
