§ 368-e. Reimbursement to counties for pre-school children with\nhandicapping conditions.
1.The department of health shall review claims\nfor expenditures made by counties and the city of New York for medical\ncare, services and supplies which are furnished to preschool children\nwith handicapping conditions or such preschool children suspected of\nhaving handicapping conditions, as such children are defined in the\neducation law. If approved by the department, payment for such medical\ncare, services and supplies which would otherwise qualify for\nreimbursement under this title and which are furnished in accordance\nwith this title and the regulations of the department to such children,\nshall be made in accordance with the department's approved medical\nassistance fee schedules by pay
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§ 368-e. Reimbursement to counties for pre-school children with\nhandicapping conditions. 1. The department of health shall review claims\nfor expenditures made by counties and the city of New York for medical\ncare, services and supplies which are furnished to preschool children\nwith handicapping conditions or such preschool children suspected of\nhaving handicapping conditions, as such children are defined in the\neducation law. If approved by the department, payment for such medical\ncare, services and supplies which would otherwise qualify for\nreimbursement under this title and which are furnished in accordance\nwith this title and the regulations of the department to such children,\nshall be made in accordance with the department's approved medical\nassistance fee schedules by payment to such county or city which\nfurnished the care, services or supplies either directly or by contract.\nNotwithstanding any provisions of law, rule or regulation to the\ncontrary, any clinic or diagnostic and treatment center licensed under\narticle twenty-eight of the public health law, which as determined by\nthe state education department, in conjunction with the department of\nhealth, has a less than arms length relationship with the provider\napproved under section forty-four hundred ten of the education law\nshall, subject to the approval of the department and based on standards\ndeveloped by the department, be authorized to directly submit such\nclaims for medical assistance, services or supplies so furnished for any\nperiod beginning on or after July first, nineteen hundred ninety-seven.\nThe actual full cost of the individualized education program (IEP)\nrelated services incurred by the clinic shall be reported on the New\nYork State Consolidated Fiscal Report in the education law section\nforty-four hundred ten program cost center in which the student is\nplaced and the associated medical assistance revenue shall be reported\nin the same manner.\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 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 counties for medical care, services and supplies,\nincluding related special education services and special transportation,\nfurnished to pre-school children with handicapping conditions.\n 4. 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 three 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 5. The commissioner shall evaluate the results of the study conducted\npursuant to subdivision three of this section to determine, after\nidentification of actual direct and indirect costs incurred by counties\nfor medical care, services, and supplies furnished to pre-school\nchildren with handicapping conditions, whether it is advisable to claim\nfederal reimbursement for expenditures under this section as certified\npublic expenditures. In the event such claims are submitted, if federal\nreimbursement received for certified public expenditures on behalf of\nmedical assistance recipients whose assistance and care are the\nresponsibility of a social services district, results in a decrease in\nthe state share of annual expenditures pursuant to this section for such\nrecipients, then to the extent that the amount of any such decrease when\ncombined with any decrease in the state share of annual expenditures\ndescribed in subdivision six of section three hundred sixty-eight-d of\nthis title exceeds one hundred fifty million dollars for the period\nApril 1, 2011 through March 31, 2013, or exceeds one hundred million\ndollars in state fiscal years 2013-14 and 2014-15, the excess amount\nshall be transferred to such counties 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 counties in amounts proportional to their percentage\ncontribution to the statewide savings. Any amount transferred pursuant\nto this section shall not be considered a revenue received by such\nsocial services district in determining the district's actual medical\nassistance expenditures for purposes of paragraph (b) of section one of\npart C of chapter fifty-eight of the laws of two thousand five.\n The provisions of this section shall be of no force and effect unless\nall necessary approvals under federal law and regulation have been\nobtained to receive federal financial participation in the costs of\nhealth care services provided pursuant to this section.\n