§ 368-D — Reimbursement to public school districts and state operated/state supported schools which operate pursuant to article eighty-five, eighty...

§ 368-d. Reimbursement to public school districts and state\noperated/state supported schools which operate pursuant to article\neighty-five, eighty-seven or eighty-eight of the education law.\n 1. The department of health shall review claims for expenditures made\nby or on behalf of local public school districts, and state\noperated/state supported schools which operate pursuant to article\neighty-five, eighty-seven or eighty-eight of the education law, for\nmedical care, services and supplies which are furnished to children with\nhandicapping conditions or such children suspected of having\nhandicapping conditions, as such children are defined in the education\nlaw. If approved by the department, payment for such medical care,\nservices and supplies which would otherwise qualify for reimbursement\nunder this title and which are furnished in accordance with this title\nand the regulations of the department to such children, shall be made in\naccordance with the department's approved medical assistance fee\nschedules by payment to such local public school district, and state\noperated/state supported schools which operate pursuant to article\neighty-five, eighty-seven or eighty-eight of the education law, which\nfurnished the care, services or supplies either directly or by contract.\n 2. Claims for payment under this section shall be made in such form\nand manner, at such times, and for such periods as the department may\nrequire.\n 3. The provisions of this section shall be of no force and effect\nunless all necessary approvals under federal law and regulation have\nbeen obtained to receive federal financial participation in the costs of\nhealth care services provided pursuant to this section.\n 4. The commissioner of health is authorized to contract with one or\nmore entities to conduct a study to determine actual direct and indirect\ncosts incurred by public school districts and state operated/state\nsupported schools which operate pursuant to article eighty-five,\neighty-seven or eighty-eight of the education law for medical care,\nservices and supplies, including related special education services and\nspecial transportation, furnished to children with handicapping\nconditions.\n 5. Notwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law,\nthe commissioner of health is authorized to enter into a contract or\ncontracts under subdivision four of this section without a competitive\nbid or request for proposal process, provided, however, that:\n (a) The department of health shall post on its website, for a period\nof no less than thirty days:\n (i) A description of the proposed services to be provided pursuant to\nthe contract or contracts;\n (ii) The criteria for selection of a contractor or contractors;\n (iii) The period of time during which a prospective contractor may\nseek selection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n (iv) The manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n (b) All reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioner of health; and\n (c) The commissioner of health shall select such contractor or\ncontractors that, in his or her discretion, are best suited to serve the\npurposes of this section.\n (d) Upon selection of a contractor or contractors, the department of\nhealth shall provide written notification of such selection and a\nsummary of the criteria employed in such selection to the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee.\n 6. The commissioner shall evaluate the results of the study conducted\npursuant to subdivision four of this section to determine, after\nidentification of actual direct and indirect costs incurred by public\nschool districts, whether it is advisable to claim federal reimbursement\nfor expenditures under this section as certified public expenditures. In\nthe event such claims are submitted, if federal reimbursement received\nfor certified public expenditures on behalf of medical assistance\nrecipients whose assistance and care are the responsibility of a social\nservices district results in a decrease in the state share of annual\nexpenditures pursuant to this section for such recipients, then to the\nextent that the amount of any such decrease when combined with any\ndecrease in the state share of annual expenditures described in\nsubdivision five of section three hundred sixty-eight-e of this title\nexceeds one hundred fifty million dollars for the period April 1, 2011\nthrough March 31, 2013, or exceeds one hundred million dollars in state\nfiscal years 2013-14 and 2014-15, the excess amount shall be transferred\nto such public school districts in amounts proportional to their\npercentage contribution to the statewide savings; an amount equal to\nthirteen and five hundredths percent of any decrease in the state share\nof annual expenditures pursuant to this section for such recipients in\nstate fiscal year 2015-16 and any fiscal year thereafter shall be\ntransferred to such public school districts in amounts proportional to\ntheir percentage contribution to the statewide savings. Any amount\ntransferred pursuant to this section shall not be considered a revenue\nreceived by such social services district in determining the district's\nactual medical assistance expenditures for purposes of paragraph (b) of\nsection one of part C of chapter fifty-eight of the laws of two thousand\nfive.\n