S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7468--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. CLARK, HEVESI, SEAWRIGHT, GONZALEZ-ROJAS, THIELE,
   JACKSON,  SIMON, DAVILA, ZINERMAN, LUPARDO, KELLES, GALLAGHER, STIRPE,
   McMAHON, MAGNARELLI, BRONSON, WALLACE -- read once and referred to the
   Committee on Children and Families -- reported  and  referred  to  the
   Committee  on  Ways  and Means -- recommitted to the Committee on Ways
   and Means in accordance with Assembly Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 5-a to read as follows:
   5-A. (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07970-02-2
 A. 7468--A                          2
              

 
 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
 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-THREE. 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.