Senate Bill S7773

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7773
 
                             I N  S E N A T E
 
                             February 18, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to  implementing  a
   cost estimation model for child care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 5, 6, 7 and 8 of section 410-x of  the  social
 services  law are renumbered subdivisions 6, 7, 8 and 9 and a new subdi-
 vision 5 is added to read as follows:
   5. (A) FOR EACH GROUP FOR WHICH THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
 OF  THIS SECTION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE A
 COST ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR  WHEN
 PROVIDING  CHILD CARE. THE COST ESTIMATION MODEL SHALL IDENTIFY AND TAKE
 INTO ACCOUNT COST DRIVERS INCLUDING BUT NOT LIMITED TO  EMPLOYEE  SALARY
 AND  BENEFITS,  ENROLLMENT  LEVELS,  FACILITY  COSTS AND COMPLIANCE WITH
 STATUTORY AND REGULATORY REQUIREMENTS.  WHERE A QUALITY RATING SYSTEM OR
 ANY QUALITY INDICATORS ARE BEING UTILIZED,  THE  COST  ESTIMATION  MODEL
 SHALL  ALSO  TAKE  INTO  ACCOUNT  THE COST OF PROVIDING SERVICES AT EACH
 LEVEL OF QUALITY.
   (B) IN DEVELOPING  SUCH  MODEL  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
 REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
 PROVIDERS AND ANY STATE ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  42
 U.S.C.S. § 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION MODEL SHALL BE
 STATISTICALLY  VALID,  USING  COMPLETE  AND  CURRENT  DATA  AND RIGOROUS
 COLLECTION METHODS.
   § 2. Section 410-z of the social services law, as added by section  52
 of  part  B  of  chapter  436 of the laws of 1997, is amended to read as
 follows:
   § 410-z. Reporting requirements.  1.  Each  social  services  district
 shall  collect  and  submit  to  the [department] OFFICE OF CHILDREN AND
 FAMILY SERVICES, in such form and at such times as    specified  by  the
 [department]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, such data and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02784-04-0

 S. 7773                             2
 
 information regarding child  care assistance provided  under  the  block
 grant  as  the  [department]  OFFICE OF CHILDREN AND FAMILY SERVICES may
 need to comply with federal reporting requirements.
   2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
 DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD  CARE  IN
 EACH  SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
 PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TEN-X OF  THIS
 TITLE.    THE REPORT SHALL DETAIL COST DATA FOR EACH SETTING, AGE GROUP,
 CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER GROUPING FOR
 WHICH A SEPARATE COST ESTIMATION IS CONDUCTED.  SUCH DATA SHALL INCLUDE:
   (A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
 OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
   (B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
   (C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING  TO  THE
 MARKET  RATE  DETERMINED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES
 PURSUANT TO SUBDIVISION FOUR OF  SECTION  FOUR  HUNDRED  TEN-X  OF  THIS
 TITLE.
   THE  REPORT  SHALL  BE  SUBMITTED  TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY  JUNE  FIRST,  TWO
 THOUSAND  TWENTY-TWO  AND JUNE FIRST OF EVERY OTHER YEAR THEREAFTER. THE
 OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL  POST  THE  INFORMATION
 CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 3. This act shall take effect immediately.