Senate Bill S9396

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9396
 
                             I N  S E N A T E
 
                               March 9, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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  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
 S. 9396                             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.