S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6629
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to funding the  early
   intervention program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 2 and 3 of section 2557 of the  public  health
 law,  subdivision 2 as amended by section 9-a of part A of chapter 56 of
 the laws of 2012 and subdivision 3 as amended by section 7 of part B3 of
 chapter 62 of the laws of 2003, are amended to read as follows:
   2. The department shall reimburse the approved costs paid by a munici-
 pality for the purposes of this title, other than those reimbursable  by
 the medical assistance program or by third party payors, in an amount of
 [fifty]  SEVENTY-FIVE  percent of the amount expended in accordance with
 the rules and regulations of the commissioner[; provided, however,  that
 in  the discretion of the department and with the approval of the direc-
 tor of the division of the budget, the department may reimburse  munici-
 palities  in  an  amount  greater  than  fifty  percent  of  the  amount
 expended].  Such state reimbursement to the municipality  shall  not  be
 paid  prior  to  April first of the year in which the approved costs are
 paid by  the  municipality,  provided,  however  that,  subject  to  the
 approval  of  the  director  of  the budget, the department may pay such
 state aid reimbursement to the municipality prior to such date.  NO LESS
 THAN NINETY PERCENT OF THE ANNUAL SAVINGS FROM THIS  EARLY  INTERVENTION
 EXPENDITURE  REDUCTION  TO  LOCAL  MUNICIPALITIES, COMPARED TO THE PRIOR
 YEAR EARLY INTERVENTION EXPENDITURES SHALL BE USED FOR PROPERTY TAX LEVY
 REDUCTIONS OR PROPERTY TAX  REBATES,  EFFECTIVE  IN  THE  LOCAL  MUNICI-
 PALITY'S  NEXT FISCAL YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
 THE MINIMUM AMOUNT OF ANNUAL PROPERTY TAX LEVY REDUCTIONS RESULTING FROM
 SAVINGS ACHIEVED AS DEFINED IN THIS SUBDIVISION, SHALL BE DETERMINED  BY
 THE  COMPTROLLER  AND TRANSMITTED TO EACH LOCAL MUNICIPALITY ONE HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09624-01-9

 A. 6629                             2
 
 EIGHTY DAYS IN ADVANCE OF THE START OF THE FISCAL  YEAR  FOR  WHICH  THE
 PROPERTY TAX REDUCTION IS TO BE EFFECTIVE.
   3.  The  department may perform audits, which may include site visita-
 tion, to all or any of the following: municipalities; service  coordina-
 tors;  evaluators  or  providers  of  early intervention services.   The
 department shall provide the municipalities with a copy of the  findings
 of  such  audits.  Early intervention program state aid reimbursement or
 portion thereof may be  withheld  if,  on  post-audit  and  review,  the
 commissioner  finds  that  the  early  intervention  services  were  not
 provided or those provided were not in substantial conformance with  the
 rules and regulations established by the commissioner or that the recip-
 ient  of  such  services was not an eligible child as defined in section
 twenty-five hundred forty-one of this  title.  In  the  event  that  the
 commissioner  determines  that  there  may  be  a  withholding  of state
 reimbursement to any municipality under this section, he  OR  SHE  shall
 inform  the  state early intervention coordinating council and the rele-
 vant local early intervention coordinating council  and  shall  consider
 alternative  courses  of  action recommended within sixty days by either
 body prior to withholding state reimbursement.
   § 2. Subdivision 4 of section  2558  of  the  public  health  law,  as
 amended  by  section  10 of part A of chapter 56 of the laws of 2012, is
 amended to read as follows:
   4. Local contribution. The municipality of residence shall  be  finan-
 cially  responsible  for the local contribution in the amount of [fifty]
 TWENTY-FIVE percent of the amount expended provided,  however,  that  in
 the  discretion  of the department and with the approval of the director
 of the division of the budget, in accordance  with  subdivision  two  of
 section  twenty-five  hundred fifty-seven of this title[, the department
 may require that municipalities be financially responsible for  a  local
 contribution  in  an  amount  less  than  fifty  percent  of  the amount
 expended]. The commissioner shall certify to the comptroller the  amount
 of  the  local  contribution owed by each municipality to the state. The
 comptroller shall deduct the amount of  such  local  contribution  first
 from  any  moneys  due  the municipality pursuant to section twenty-five
 hundred fifty-six of this title and then from any other moneys due or to
 become due to the municipality.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.