Assembly Bill A10586

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10586
 
                           I N  A S S E M B L Y
 
                              March 13, 2026
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the  social  services  law, in relation to providing
   enhanced rates for child care services  provided  to  disabled  and/or
   developmentally delayed children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 410-x 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:
   4. The amount to be paid or allowed for child care  assistance  funded
 under  the block grant shall be the actual cost of care but no more than
 the applicable market-related payment rate established by the department
 in regulations. The payment rates established by the department shall be
 sufficient to ensure equal access for eligible  children  to  comparable
 child care assistance in the substate area that are provided to children
 whose  parents  are not eligible to receive assistance under any federal
 or state programs. Such payment rates shall take into account the  vari-
 ations in the costs of providing child care in different settings and to
 children of different age groups[, and the additional costs of providing
 child  care for children with special needs].  ADDITIONALLY AND NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL ESTABLISH  A
 RATE  DIFFERENTIAL  FOR CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD
 WITH A DIAGNOSED DEVELOPMENTAL DELAY OR DISABILITY, AS  DEFINED  BY  THE
 COMMISSIONER.  SUCH  DIFFERENTIAL  SHALL  BE NO LESS THAN THIRTY PERCENT
 ABOVE THE APPLICABLE MARKET RATE OTHERWISE PAYABLE FOR SUCH  CHILD  CARE
 SERVICES.  THE  COMMISSIONER SHALL ENSURE THAT SUCH RATE DIFFERENTIAL IS
 SUFFICIENT TO ACCOUNT FOR THE ADDITIONAL  STAFFING,  TRAINING,  ACCOMMO-
 DATIONS, AND SUPPORTS NECESSARY TO PROVIDE SAFE, INCLUSIVE, AND DEVELOP-
 MENTALLY  APPROPRIATE  CARE  TO  CHILDREN  WITH DEVELOPMENTAL DELAYS AND
 DISABILITIES.
   § 2. The office of children and family services, in consultation  with
 the office for people with developmental disabilities and the department
 of  health,  shall  promulgate  any  rules  and regulations necessary to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15023-01-6
 A. 10586                            2
 
 implement the provisions of this  act,  including  but  not  limited  to
 documentation  requirements and eligibility criteria, provided that such
 requirements shall not impose undue administrative burden on families or
 providers.
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.