S T A T E O F N E W Y O R K
________________________________________________________________________
1885
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
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
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
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04515-01-3
A. 1885 2
§ 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-FIVE. 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.