S T A T E O F N E W Y O R K
________________________________________________________________________
7095
2021-2022 Regular Sessions
I N A S S E M B L Y
April 22, 2021
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to establishing
differential payment rates for child care services provided by
licensed, registered or enrolled child care providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 410-x of the social services law is amended by
adding a new subdivision 9 to read as follows:
9. A SOCIAL SERVICES DISTRICT SHALL ESTABLISH DIFFERENTIAL PAYMENT
RATES FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED OR
ENROLLED CHILD CARE PROVIDERS AS REQUIRED BY THIS SUBDIVISION.
(A) LOCAL SOCIAL SERVICES DISTRICTS SHALL ESTABLISH A DIFFERENTIAL
PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR REGISTERED
CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN EXPERIENC-
ING HOMELESSNESS. SUCH DIFFERENTIAL PAYMENT RATE SHALL BE FIFTEEN
PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RE-
LATED PAYMENT RATE ESTABLISHED BY THE OFFICE IN REGULATIONS, WHICHEVER
IS LESS.
(B) LOCAL SOCIAL SERVICES DISTRICTS SHALL ESTABLISH A DIFFERENTIAL
PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED, REGISTERED,
OR ENROLLED CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD DURING
NONTRADITIONAL HOURS. NONTRADITIONAL HOURS SHALL MEAN CARE PROVIDED IN
THE EVENING, NIGHT OR ON THE WEEKEND. SUCH DIFFERENTIAL PAYMENT RATE
SHALL BE FIFTEEN PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE
APPLICABLE MARKET-RELATED PAYMENT RATE ESTABLISHED BY THE OFFICE IN
REGULATIONS, WHICHEVER IS LESS.
(C) LOCAL SOCIAL SERVICES DISTRICTS MAY ESTABLISH DIFFERENTIAL PAYMENT
RATES THAT ARE HIGHER THAN THE ACTUAL COST OF CARE OR APPLICABLE MARKET
RATE FOR CHILD CARE SERVICES PROVIDED IN ANY OTHER SITUATION THEY DEEM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11051-02-1
A. 7095 2
APPROPRIATE TO INCENTIVIZE LICENSED, REGISTERED OR ENROLLED CHILD CARE
PROVIDERS TO SERVE ELIGIBLE FAMILIES IN NEED OF CARE.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.