§ 153 — Reimbursement and advances by the state

New York § 153

• Jurisdiction: New York
• Law SOS: Social Services
• Title 2: State Reimbursement For Public Assistance and Care
• Art. 5: Assistance and Care

Text

§ 153. Reimbursement and advances by the state. 1. * Expenditures made\nby social services districts, cities and towns for public assistance and\ncare and its administration, other than foster care services, pursuant\nto this chapter and expenditures made by any Indian tribe for foster\ncare services, preventive services, and adoption services and its\nadministration rendered pursuant to an agreement entered into with the\noffice of children and family services in accordance with section\nthirty-nine of this chapter and pursuant to this chapter, shall, if\napproved by the department of family assistance, be subject to\nreimbursement by the state, in accordance with the regulations of the\ndepartment, as follows:\n * NB Effective until June 30, 2027\n * Expenditures made by social services districts, cities and towns for\npublic assistance and care and its administration, pursuant to this\nchapter and expenditures made by any Indian tribe for foster care\nservices, preventive services, and adoption services and its\nadministration rendered pursuant to an agreement entered into with the\ndepartment in accordance with section thirty-nine of this chapter and\npursuant to this chapter, shall, if approved by the department, be\nsubject to reimbursement by the state, in accordance with the\nregulations of the department, as follows:\n * NB Effective June 30, 2027\n There shall be paid to each such district, city or town\n a. the amount of federal funds, if any, properly received or to be\nreceived on account of such expenditures;\n d. fifty percentum of the amount expended for public assistance and\ncare, after first deducting therefrom any federal funds properly\nreceived or to be received on account thereof;\n e. fifty percentum of the amount expended for administration of public\nassistance and care, after first deducting therefrom any federal funds\nproperly received or to be received on account thereof. The provisions\nof this paragraph shall not be applicable to expenditures for\nadministration expressly provided for in paragraph f of this\nsubdivision;\n f. the full amount expended by any district, city, town or Indian\ntribe for the costs, including the costs of administration of public\nassistance and care to eligible needy Indians and members of their\nfamilies residing on any Indian reservation in this state, after first\ndeducting therefrom any federal funds properly received or to be\nreceived on account thereof.\n (g) fifty per centum of the amount expended for substance abuse\nservices pursuant to this chapter, after first deducting therefrom any\nfederal funds properly received or to be received on account thereof. In\nthe event funds appropriated for such services are insufficient to\nprovide full reimbursement of the total of the amounts claimed by all\nsocial services districts pursuant to this section then reimbursement\nshall be in such proportion as each claim bears to such total.\n 2. (a) In the event that the federal government imposes fiscal\nsanctions on the state because of non-compliance with federal law,\nregulation, or policy relating to the temporary assistance for needy\nfamilies block grant, other than sanctions relating to maintenance of\neffort spending requirements, the commissioner shall reduce federal\nreimbursement to each social services district in an amount equal to the\nportion of such fiscal sanction that the commissioner determines is\nattributable to such district through review of relevant statewide and\ndistrict specific data or documentation. The commissioner shall make\nsuch determination of district fault only to the extent that his or her\nreview identifies specific district actions or inactions that resulted\nin the district's failure to meet the applicable federal requirement.\nSuch reduction in federal reimbursement shall be made without state\nfinancial participation in resulting costs. To the extent that the\ncommissioner determines that he or she is unable to identify which\ndistricts caused or contributed to such federal fiscal sanction, the\ncommissioner, subject to the approval of the director of the budget,\nshall assign the reduction in federal reimbursement to all districts\nproportionately based on allowable district expenditures under Title\nIV-A of the federal social security act in the most recently completed\nstate fiscal year, and the state shall share equally with social\nservices districts in the cost increases resulting from such reduction\nin federal reimbursement.\n (b) In the event that the federal government imposes fiscal sanctions\non the state because of non-compliance with federal law, regulation, or\npolicy relating to maintenance of effort spending requirements under the\nfederal temporary assistance to needy families block grant, the\ncommissioner shall reduce federal reimbursement to each social services\ndistrict in an amount equal to the portion of such fiscal sanction that\nthe commissioner determines is attributable to such district through\nreview of relevant statewide and district specific data or\ndocumentation. Cost increases resulting from such reduction in federal\nreimbursement shall be shared equally by the state and each affected\nsocial services district. To the extent that the commissioner determines\nthat he or she is unable to identify which districts caused or\ncontributed to such federal fiscal sanction, the commissioner, subject\nto the approval of the director of the budget, shall assign the\nreduction in federal reimbursement among all districts proportionately\nbased on each district's portion of the statewide maintenance of effort\nspending requirement as determined by the commissioner, and the state\nshall share equally with social services districts in the cost increases\nresulting from such reduction in federal reimbursement.\n (c) Notwithstanding any inconsistent provision of law, if a portion of\nfederal reimbursement otherwise payable is not available because of\napplication of the federal percentage limitation on administrative\nexpenses in the federal block grant for temporary assistance for needy\nfamilies program, the commissioner shall rank all social services\ndistricts in descending order based on the percentage that federally\nreimbursed administrative expenses in each district in the federal\nfiscal year bears to all total expenditures eligible for federal\nreimbursement under title IV-A of the federal social security act in the\nrespective district and shall reduce reimbursement payable to the\ndistrict that received the highest proportion of such federal\nreimbursement until such reduction equals the lesser of the shortfall in\nfederal reimbursement or the amount which, if applied to federal\nadministrative reimbursement received in the federal fiscal year, would\nequalize the proportion of such reimbursement received by such district\nand that received by the next highest district or districts in the\ncommissioner's ranking. In the event that sufficient savings are not\nachieved by such reduction in reimbursement to the highest ranked\ndistrict, then the commissioner shall continue to reduce the amount of\nreimbursement for the highest and, as necessary, the sequentially ranked\ndistrict or districts such that such reductions, when applied in the\nfederal fiscal year, will equalize the proportion of federal\nreimbursement for administration received by all such affected districts\nand will equal an amount which, in aggregate, will be sufficient to\nfully offset but not exceed the federal reimbursement shortfall.\nNotwithstanding any provision of law to the contrary, reimbursement to a\nsocial services district out of state and federal funds shall not be\nmade on administrative expenses which exceed fifteen percent of such\ndistrict's total expenditures reimbursable under the temporary\nassistance for needy families block grant.\n 3. a. For the purpose of this title, expenditures for administration\nof public assistance and care shall include expenditures for salaries of\nthe chief executive officers, their deputies and the employees of local\nwelfare departments; operation, maintenance and service costs; and such\nother expenditures, such as equipment costs, depreciation charges, and\nrental values as may be approved by the department. It shall not include\nexpenditures for capital additions or improvements, except as provided\nin paragraph c of this subdivision.\n b. State reimbursement shall not be made for any part of the salary of\na chief executive officer of a social services department, whose\nqualifications do not conform to those fixed by the department or of a\ncity or town service officer; nor shall such reimbursement be made on\nthe salary of a deputy commissioner or an employee, unless his\nemployment is necessary for the administration of public assistance and\ncare and his qualifications conform to those fixed by the department.\n c. Notwithstanding any inconsistent provision of law, the amount\nexpended by a social services district for the purpose of acquiring,\nreconstructing, rehabilitating or improving any shelter for adults shall\nbe subject to state reimbursement in the amount of fifty percent of such\nexpenditure, in accordance with the regulations of the department, if\nsuch shelter is operated by: (i) a social services district directly or\n(ii) a social services district which has entered into a contract with a\nnot-for-profit corporation or charitable organization otherwise\nestablished pursuant to law or a governmental entity or political\nsubdivision thereof for the purpose of operating such a shelter;\nprovided, however, that such capital acquisition, reconstruction,\nrehabilitation or improvement has the approval of the department prior\nto the commencement of such construction in accordance with regulations\npromulgated by the department.\n Such reimbursement may be paid out of any moneys in the state treasury\npayable out of the local assistance account to the extent of the amount\nappropriated to the department for such purposes, and the expenditure of\nsuch amount shall constitute the complete liquidation of the state's\nobligation to reimburse pursuant to this section.\n 4. For the purpose of this title, expenditures made by social services\ndistricts, cities, towns and any Indian tribe that has entered into an\nagreement with the department pursuant to section thirty-nine of this\nchapter for the care and maintenance of neglected, abused, abandoned or\ndestitute children who have been remanded, discharged or committed\npursuant to the family court act of the state of New York shall, if\napproved by the department, be subject to reimbursement by the state in\naccordance with and to the extent authorized by the provisions of\nsubdivision one.\n 5. In the event the state elects to claim and receive federal aid\npayments in accordance with the alternative formula authorized by the\nprovisions of section eleven hundred eighteen of the social security\nact, for expenditures made under the state's approved plan for aid to\ndependent children, a social services district shall, notwithstanding\nsuch election, be entitled to receive as state reimbursement, in\naccordance with and to the extent authorized by subdivision one, for its\napproved monthly expenditures for aid to dependent children, the amount\nit would have been entitled to receive if such election had not been\nmade, until the month the amount it would be entitled to receive as\nstate reimbursement for its approved expenditures for such program of\nassistance for such month, as a result of such election, is equal to or\ngreater than such district would have been entitled to receive therefor\nif such election had not been made by the state, any inconsistent\nprovision of law notwithstanding.\n 6. a. Claims for state reimbursement shall be made in such form and\nmanner and at such times and for such periods as the department shall\ndetermine.\n b. When certified by the department state reimbursement shall be paid\nfrom the state treasury upon the audit and warrant of the comptroller\nout of funds made available therefor.\n c. When the monies allotted to the state by the federal security\nagency, or other authorized federal agency, for aid to dependent\nchildren for any quarter shall have been received by the department of\ntaxation and finance, the department shall, as soon as possible, certify\nto the comptroller the amount to which each social services district is\nentitled for such quarter and such amount shall be paid out of the state\ntreasury after audit by the comptroller to the respective social\nservices districts.\n d. The department is authorized in its discretion to make advances to\npublic welfare districts and to cities and towns in anticipation of the\nstate reimbursement provided for in this section.\n 7. Payment of state reimbursement and advances shall be made to the\nfiscal officer of the public welfare district or city entitled thereto\npursuant to the provisions of this chapter; and in counties where home\nrelief is a town charge, such payment as the towns therein shall be\nentitled to shall be made to the fiscal officer of the county for the\naccount of and reimbursement to such towns, except in the case of a town\nwhich is a public welfare district.\n 8. Any inconsistent provision of the law or regulation of the\ndepartment notwithstanding, state reimbursement shall not be made for\nany expenditure made for the duplication of any grant and allowance for\nany period, except as authorized by subdivision eleven of section one\nhundred thirty-one of this chapter. Notwithstanding any other provision\nof law, social services districts are not required to provide safety net\nassistance to any person, otherwise eligible, if state reimbursement is\nnot available in accordance with this subdivision.\n 9. Any inconsistent provision of this chapter or other law\nnotwithstanding, any loss of federal funds assessed by the department of\nhealth, education and welfare against the state by reason of the failure\nof one or more social services districts to comply either with paragraph\n(e) of subdivision one of section three hundred fifty and paragraph (c)\nof subdivision four of section three hundred sixty-five-a relating to\nfamily planning services for eligible individuals or with paragraph (g)\nof subdivision one of section three hundred fifty relating to child\nhealth screening and resulting treatment, shall be charged to and borne\nby the social services districts responsible for such loss. Each such\ndistrict shall bear only so much of any such loss as is attributable to\nits failure so to comply. The amount to be borne by a district shall be\ndetermined by applying the ratio that the number of cases in which it\nfailed to comply with either family planning or child health screening\nand treatment requirements, or both, bears to the total number of cases\nin the state in which there were failures to comply with either such\nrequirement, or both, as the case may be. A district shall have an\nopportunity to be heard before the department's final determination to\nimpose such an assessment.\n * 10. Expenditures made by a social services district for the\nmaintenance of children with disabilities, placed by school districts,\npursuant to section forty-four hundred five of the education law shall,\nif approved by the office of children and family services, be subject to\nfifty-six and eight hundred forty-eight thousandths percent\nreimbursement by the school district, in accordance with paragraph c of\nsubdivision one of section forty-four hundred five of the education law,\nafter first deducting therefrom any federal funds received or to be\nreceived on account of such expenditures, except that in the case of a\nstudent attending a state-operated school for the deaf or blind pursuant\nto article eighty-seven or eighty-eight of the education law who was not\nplaced in such school by a school district such expenditures shall be\nsubject to fifty percent reimbursement by the school district after\nfirst deducting therefrom any federal funds received or to be received\non account of such expenditures. Such expenditures shall not be subject\nto the limitations on state reimbursement contained in subdivision two\nof section one hundred fifty-three-k of this title. In the event of the\nfailure of the school district to make the maintenance payment pursuant\nto the provisions of this subdivision, the state comptroller shall\nwithhold state reimbursement to any such school district in an amount\nequal to the unpaid obligation for maintenance and pay over such sum to\nthe social services district upon certification of the commissioner of\nthe office of children and family services and the commissioner of\neducation that such funds are overdue and owed by such school district.\nThe commissioner of the office of children and family services, in\nconsultation with the commissioner of education, shall promulgate\nregulations to implement the provisions of this subdivision.\n * NB Effective until April 1, 2026\n * 10. Expenditures made by a social services district for the\nmaintenance of children with disabilities, placed by school districts,\npursuant to section forty-four hundred five of the education law shall,\nif approved by the office of children and family services, be subject to\neighteen and four hundred twenty-four thousandths percent reimbursement\nby the state and thirty-eight and four hundred twenty-four thousandths\npercent reimbursement by school districts, except for social services\ndistricts located within a city with a population of one million or\nmore, where such expenditures shall be subject to fifty-six and eight\nhundred forty-eight thousandths percent reimbursement by the school\ndistrict, in accordance with paragraph c of subdivision one of section\nforty-four hundred five of the education law, after first deducting\ntherefrom any federal funds received or to be received on account of\nsuch expenditures, except that in the case of a student attending a\nstate-operated school for the deaf or blind pursuant to article\neighty-seven or eighty-eight of the education law who was not placed in\nsuch school by a school district such expenditures shall be subject to\nfifty percent reimbursement by the state after first deducting therefrom\nany federal funds received or to be received on account of such\nexpenditures and there shall be no reimbursement by school districts.\nSuch expenditures shall not be subject to the limitations on state\nreimbursement contained in subdivision two of section one hundred\nfifty-three-k of this title. In the event of the failure of the school\ndistrict to make the maintenance payment pursuant to the provisions of\nthis subdivision, the state comptroller shall withhold state\nreimbursement to any such school district in an amount equal to the\nunpaid obligation for maintenance and pay over such sum to the social\nservices district upon certification of the commissioner of the office\nof children and family services and the commissioner of education that\nsuch funds are overdue and owed by such school district. The\ncommissioner of the office of children and family services, in\nconsultation with the commissioner of education, shall promulgate\nregulations to implement the provisions of this subdivision.\n * NB Effective April 1, 2026 until June 30, 2027\n * 10. Expenditures made by a social services district for the\nmaintenance of handicapped children, placed by school districts,\npursuant to section forty-four hundred five of the education law shall,\nif approved by the department, be subject to fifty percent reimbursement\nby the state, after first deducting therefrom any federal funds received\nor to be received on account of such expenditure. Such expenditures\nshall not be subject to the limitations on state reimbursement contained\nin sections one hundred fifty-three-d or one hundred fifty-three-e of\nthis chapter.\n * NB Effective June 30, 2027\n * 11. Expenditures made by a social services district for approved\ntuition costs pursuant to section four thousand four of the education\nlaw, after first deducting therefrom any federal funds received or to be\nreceived on account thereof, for a child placed in a child care\ninstitution by a social services district, the office of children and\nfamily services or family court shall be subject to reimbursement by the\nstate in accordance with subdivision two of section one hundred\nfifty-three-k of this title and article nineteen-G of the executive law,\nas applicable; provided, however, that the amount that a school district\nreimburses the state for its expenditure for such children pursuant to\nsection four thousand four of the education law shall be credited to\neach applicable social services district.\n * NB Effective until June 30, 2027\n * 11. Expenditures made by a social services district for approved\ntuition costs of certain children pursuant to section four thousand four\nof the education law, after first deducting therefrom any federal funds\nreceived or to be received on account thereof, shall be subject to fifty\npercent reimbursement by the state; provided, however, that the amount\nthat a school district reimburses the state for its expenditure for such\nchildren pursuant to section four thousand four of the education law\nshall be credited to each applicable social services district.\n * NB Effective June 30, 2027\n * 12. Expenditures made by a social services district for the\ndetention in foster care facilities or certified or approved family\nboarding homes of a person alleged to be or adjudicated as a person in\nneed of supervision, pursuant to article seven of the family court act,\nshall be subject to reimbursement by the state in accordance with the\nprovisions of section five hundred thirty of the executive law. The care\nof such person shall not be required to comply with the requirements of\nsections four hundred nine-e and four hundred nine-f of this chapter.\n * NB Effective until June 30, 2027\n * 12. Expenditures made by a social services district for the\ndetention in foster care facilities of a person alleged to be or\nadjudicated as a person in need of supervision, pursuant to article\nseven of the family court act, shall be subject to reimbursement by the\nstate in accordance with the provisions of section five hundred thirty\nof the executive law. The care of such person shall not be required to\ncomply with the requirements of sections four hundred nine-e and four\nhundred nine-f, nor be subject to the provisions of section one hundred\nfifty-three-d or three hundred ninety-eight-b of this chapter.\n * NB Effective June 30, 2027\n 15. Notwithstanding the provisions of this section or any other law to\nthe contrary, expenditures made by a social services district for\nbrokers' fees, finders' fees or security deposits paid pursuant to this\nchapter shall be subject to twenty-five percent reimbursement, after\nfirst deducting therefrom any federal funds received or to be received\non account thereof.\n 16. Notwithstanding any inconsistent provisions of this section, and\nsubject to the amounts specifically appropriated therefor, social\nservices districts which have implemented child assistance program\npursuant to section one hundred thirty-one-z of this article shall be\nreimbursed by the department for administrative expenses for the\nimplementation and operation of the program as approved by the\ndepartment in accordance with the following schedule after first\ndeducting any federal reimbursement received therefor: for the fiscal\nyear beginning April first, nineteen hundred ninety-seven, one hundred\npercent; for the fiscal year beginning April first, nineteen hundred\nninety-eight, ninety percent; for the fiscal year beginning April first,\nnineteen hundred ninety-nine, eighty percent; for the fiscal year\nbeginning April first, two thousand, seventy percent; for the fiscal\nyear beginning April first, two thousand one, sixty percent and for each\nfiscal year thereafter, fifty percent.\n 17. From an amount specifically appropriated therefor, the\ncommissioner of the office of temporary and disability assistance shall\nprovide additional enhanced reimbursement for administration of income\nmaintenance, food stamps, and employment programs to social services\ndistricts which meet the work participation rates set forth in\nsubdivision seven of section three hundred thirty-five-b of this\nchapter. The amount of reimbursement available to each social services\ndistrict shall be established by the commissioner of the office of\ntemporary and disability assistance with the approval of the director of\nthe budget. Separate amounts of reimbursement shall be available to a\nsocial services district for meeting each of the following categories:\nfor households receiving assistance funded under the federal temporary\nassistance for needy families block grant program in which there is an\nadult or minor head of household; and for households with dependent\nchildren in which there is an adult or minor head of household and which\nis receiving safety net assistance and payment for which is used to meet\nthe federally required maintenance of effort for the temporary\nassistance for needy families block grant. The office of temporary and\ndisability assistance may advance reimbursement that would be available\nfor full compliance and may recover any amounts unearned by the district\nby withholding any other reimbursement due from the state to the social\nservices district.\n