S T A T E O F N E W Y O R K
________________________________________________________________________
7812
2011-2012 Regular Sessions
I N A S S E M B L Y
May 17, 2011
___________
Introduced by M. of A. PAULIN, CAMARA, COOK, MILLMAN, TITONE, P. RIVERA,
JAFFEE -- Multi-Sponsored by -- M. of A. AUBRY, BING, COLTON, DINOW-
ITZ, GOTTFRIED -- read once and referred to the Committee on Children
and Families
AN ACT to amend the executive law, in relation to setting per diem
reimbursement rates for institutional care in office of children and
family services facilities; to amend part E of chapter 109 of the laws
of 2010 amending the executive law relating to reimbursement for
expenditures made by the office of children and family services, in
relation to the expiration of the provisions of such part; and to
amend part L of chapter 111 of the laws of 2010 amending the executive
law and other laws relating to reimbursement for the expenditure made
by the office of children and family services, in relation to the
expiration of certain amendments made by the provisions of such part
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 529 of the executive law is
amended by adding 2 new paragraphs (d) and (e) to read as follows:
(D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, PER
DIEM REIMBURSEMENT RATES FOR INSTITUTIONAL CARE PROVIDED TO YOUTH IN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES FOR ANY CALENDAR YEAR
SHALL BE CALCULATED BY DIVIDING THE TOTAL COST OF OPERATING SUCH FACILI-
TIES BY THE OPERATING CAPACITY OF SUCH FACILITIES AND FURTHER DIVIDING
THAT TOTAL BY THREE HUNDRED SIXTY-FIVE. FOR PURPOSES OF THIS PARAGRAPH,
"TOTAL COST" SHALL MEAN THE ACTUAL COST OF OPERATING SUCH FACILITIES ON
A DAY-TO-DAY BASIS, INCLUDING BUT NOT LIMITED TO COSTS RELATED TO LABOR,
PHYSICAL PLANT MAINTENANCE AND FOOD AND UTILITY EXPENDITURES. OFF-SITE,
ADMINISTRATIVE COSTS SHALL ONLY BE INCLUDED IN TOTAL COST IF THOSE COSTS
ARE DIRECTLY RELATED TO THE OPERATION OF SUCH FACILITIES. FOR PURPOSES
OF THIS PARAGRAPH, "OPERATING CAPACITY" SHALL MEAN THE MAXIMUM NUMBER OF
JUVENILES THAT CAN BE PLACED IN SUCH FACILITIES ON THE AVERAGE DAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11268-01-1
A. 7812 2
DURING THE CALENDAR YEAR. OPERATING CAPACITY SHALL BE SET BASED UPON
STAFFING LEVELS THAT ARE REASONABLE IN RELATION TO THE NUMBER OF JUVE-
NILES PLACED AT EACH SUCH FACILITY. IF SUCH OFFICE SETS SEPARATE RATES
TO REFLECT DIFFERENTIALS IN COST OF SPECIFIC OFFICE PROGRAMS AT PARTIC-
ULAR FACILITIES OR CATEGORIES OF FACILITIES, IT SHALL CALCULATE SUCH
RATES IN ACCORDANCE WITH THIS PARAGRAPH BY REFERENCE TO THE TOTAL COST
AND OPERATING CAPACITY OF EACH SUCH FACILITY OR CATEGORY OF FACILITIES.
(E) IF THE OFFICE USES INTERIM REIMBURSEMENT RATES TO BILL LOCALITIES
FOR A CALENDAR YEAR AND ADJUSTS THOSE RATES AFTER THE CLOSE OF SUCH
FISCAL YEAR, THE OFFICE SHALL ISSUE FINAL ADJUSTED REIMBURSEMENT RATES
NO LATER THAN THE LAST DAY OF THE CALENDAR YEAR IMMEDIATELY FOLLOWING
THE CALENDAR YEAR FOR WHICH REIMBURSEMENT RATES ARE ADJUSTED. IF THE
OFFICE FAILS TO ADJUST RATES BY SUCH DATE, NO ADJUSTMENTS TO THE
ORIGINAL REIMBURSEMENT RATE FOR THE PRIOR CALENDAR YEAR SHALL BE PERMIT-
TED.
S 2. Section 4 of part E of chapter 109 of the laws of 2010, amending
the executive law relating to reimbursement for expenditures made by the
office of children and family services, is amended to read as follows:
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the provisions of section one of this act shall apply to
all per diems established by the office of children and family services
for office programs for the 2002 calendar year and thereafter; provided
further, however, that the provisions of section two of this act shall
apply to all outstanding reimbursements due by social services districts
to the office of children and family services on or before April 1, 2010
and thereafter; and provided further that SECTIONS TWO AND THREE OF this
act shall expire and be deemed repealed April 1, 2013.
S 3. Section 3 of part L of chapter 111 of the laws of 2010, amending
the executive law and other laws relating to reimbursement for expendi-
tures made by the office of children and family services, is amended to
read as follows:
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the provisions of section one of this act shall apply to
all per diems established by the office of children and family services
for office programs for the 2002 calendar year and thereafter[; provided
further, however, that the amendments to paragraph (c) of subdivision 6
of section 529 of the executive law made by section one of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith].
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2011.