³ 153. Reimbursement and advances by the state. 1. * Expenditures made
by social services districts, cities and towns for public assistance and
care and its administration, other than foster care services, pursuant
to this chapter and expenditures made by any Indian tribe for foster
care services, preventive services, and adoption services and its
administration rendered pursuant to an agreement entered into with the
office of children and family services in accordance with section
thirty-nine of this chapter and pursuant to this chapter, shall, if
approved by the department of family assistance, be subject to
reimbursement by the state, in accordance with the regulations of the
department, as follows:

* NB Effective until June 30, 2027

* Expenditures made by social services districts, cities and towns for
public assistance and care and its administration, pursuant to this
chapter and expenditures made by any Indian tribe for foster care
services, preventive services, and adoption services and its
administration rendered pursuant to an agreement entered into with the
department in accordance with section thirty-nine of this chapter and
pursuant to this chapter, shall, if approved by the department, be
subject to reimbursement by the state, in accordance with the
regulations of the department, as follows:

* NB Effective June 30, 2027

There shall be paid to each such district, city or town

a. the amount of federal funds, if any, properly received or to be
received on account of such expenditures;

d. fifty percentum of the amount expended for public assistance and
care, after first deducting therefrom any federal funds properly
received or to be received on account thereof;

e. fifty percentum of the amount expended for administration of public
assistance and care, after first deducting therefrom any federal funds
properly received or to be received on account thereof. The provisions
of this paragraph shall not be applicable to expenditures for
administration expressly provided for in paragraph f of this
subdivision;

f. the full amount expended by any district, city, town or Indian
tribe for the costs, including the costs of administration of public
assistance and care to eligible needy Indians and members of their
families residing on any Indian reservation in this state, after first
deducting therefrom any federal funds properly received or to be
received on account thereof.

(g) fifty per centum of the amount expended for substance abuse
services pursuant to this chapter, after first deducting therefrom any
federal funds properly received or to be received on account thereof. In
the event funds appropriated for such services are insufficient to
provide full reimbursement of the total of the amounts claimed by all
social services districts pursuant to this section then reimbursement
shall be in such proportion as each claim bears to such total.

2. (a) In the event that the federal government imposes fiscal
sanctions on the state because of non-compliance with federal law,
regulation, or policy relating to the temporary assistance for needy
families block grant, other than sanctions relating to maintenance of
effort spending requirements, the commissioner shall reduce federal
reimbursement to each social services district in an amount equal to the
portion of such fiscal sanction that the commissioner determines is
attributable to such district through review of relevant statewide and
district specific data or documentation. The commissioner shall make
such determination of district fault only to the extent that his or her
review identifies specific district actions or inactions that resulted
in the district's failure to meet the applicable federal requirement.
Such reduction in federal reimbursement shall be made without state
financial participation in resulting costs. To the extent that the
commissioner determines that he or she is unable to identify which
districts caused or contributed to such federal fiscal sanction, the
commissioner, subject to the approval of the director of the budget,
shall assign the reduction in federal reimbursement to all districts
proportionately based on allowable district expenditures under Title
IV-A of the federal social security act in the most recently completed
state fiscal year, and the state shall share equally with social
services districts in the cost increases resulting from such reduction
in federal reimbursement.

(b) In the event that the federal government imposes fiscal sanctions
on the state because of non-compliance with federal law, regulation, or
policy relating to maintenance of effort spending requirements under the
federal temporary assistance to needy families block grant, the
commissioner shall reduce federal reimbursement to each social services
district in an amount equal to the portion of such fiscal sanction that
the commissioner determines is attributable to such district through
review of relevant statewide and district specific data or
documentation. Cost increases resulting from such reduction in federal
reimbursement shall be shared equally by the state and each affected
social services district. To the extent that the commissioner determines
that he or she is unable to identify which districts caused or
contributed to such federal fiscal sanction, the commissioner, subject
to the approval of the director of the budget, shall assign the
reduction in federal reimbursement among all districts proportionately
based on each district's portion of the statewide maintenance of effort
spending requirement as determined by the commissioner, and the state
shall share equally with social services districts in the cost increases
resulting from such reduction in federal reimbursement.

(c) Notwithstanding any inconsistent provision of law, if a portion of
federal reimbursement otherwise payable is not available because of
application of the federal percentage limitation on administrative
expenses in the federal block grant for temporary assistance for needy
families program, the commissioner shall rank all social services
districts in descending order based on the percentage that federally
reimbursed administrative expenses in each district in the federal
fiscal year bears to all total expenditures eligible for federal
reimbursement under title IV-A of the federal social security act in the
respective district and shall reduce reimbursement payable to the
district that received the highest proportion of such federal
reimbursement until such reduction equals the lesser of the shortfall in
federal reimbursement or the amount which, if applied to federal
administrative reimbursement received in the federal fiscal year, would
equalize the proportion of such reimbursement received by such district
and that received by the next highest district or districts in the
commissioner's ranking. In the event that sufficient savings are not
achieved by such reduction in reimbursement to the highest ranked
district, then the commissioner shall continue to reduce the amount of
reimbursement for the highest and, as necessary, the sequentially ranked
district or districts such that such reductions, when applied in the
federal fiscal year, will equalize the proportion of federal
reimbursement for administration received by all such affected districts
and will equal an amount which, in aggregate, will be sufficient to
fully offset but not exceed the federal reimbursement shortfall.
Notwithstanding any provision of law to the contrary, reimbursement to a
social services district out of state and federal funds shall not be
made on administrative expenses which exceed fifteen percent of such
district's total expenditures reimbursable under the temporary
assistance for needy families block grant.

3. a. For the purpose of this title, expenditures for administration
of public assistance and care shall include expenditures for salaries of
the chief executive officers, their deputies and the employees of local
welfare departments; operation, maintenance and service costs; and such
other expenditures, such as equipment costs, depreciation charges, and
rental values as may be approved by the department. It shall not include
expenditures for capital additions or improvements, except as provided
in paragraph c of this subdivision.

b. State reimbursement shall not be made for any part of the salary of
a chief executive officer of a social services department, whose
qualifications do not conform to those fixed by the department or of a
city or town service officer; nor shall such reimbursement be made on
the salary of a deputy commissioner or an employee, unless his
employment is necessary for the administration of public assistance and
care and his qualifications conform to those fixed by the department.

c. Notwithstanding any inconsistent provision of law, the amount
expended by a social services district for the purpose of acquiring,
reconstructing, rehabilitating or improving any shelter for adults shall
be subject to state reimbursement in the amount of fifty percent of such
expenditure, in accordance with the regulations of the department, if
such shelter is operated by: (i) a social services district directly or
(ii) a social services district which has entered into a contract with a
not-for-profit corporation or charitable organization otherwise
established pursuant to law or a governmental entity or political
subdivision thereof for the purpose of operating such a shelter;
provided, however, that such capital acquisition, reconstruction,
rehabilitation or improvement has the approval of the department prior
to the commencement of such construction in accordance with regulations
promulgated by the department.

Such reimbursement may be paid out of any moneys in the state treasury
payable out of the local assistance account to the extent of the amount
appropriated to the department for such purposes, and the expenditure of
such amount shall constitute the complete liquidation of the state's
obligation to reimburse pursuant to this section.

4. For the purpose of this title, expenditures made by social services
districts, cities, towns and any Indian tribe that has entered into an
agreement with the department pursuant to section thirty-nine of this
chapter for the care and maintenance of neglected, abused, abandoned or
destitute children who have been remanded, discharged or committed
pursuant to the family court act of the state of New York shall, if
approved by the department, be subject to reimbursement by the state in
accordance with and to the extent authorized by the provisions of
subdivision one.

5. In the event the state elects to claim and receive federal aid
payments in accordance with the alternative formula authorized by the
provisions of section eleven hundred eighteen of the social security
act, for expenditures made under the state's approved plan for aid to
dependent children, a social services district shall, notwithstanding
such election, be entitled to receive as state reimbursement, in
accordance with and to the extent authorized by subdivision one, for its
approved monthly expenditures for aid to dependent children, the amount
it would have been entitled to receive if such election had not been
made, until the month the amount it would be entitled to receive as
state reimbursement for its approved expenditures for such program of
assistance for such month, as a result of such election, is equal to or
greater than such district would have been entitled to receive therefor
if such election had not been made by the state, any inconsistent
provision of law notwithstanding.

6. a. Claims for state reimbursement shall be made in such form and
manner and at such times and for such periods as the department shall
determine.

b. When certified by the department state reimbursement shall be paid
from the state treasury upon the audit and warrant of the comptroller
out of funds made available therefor.

c. When the monies allotted to the state by the federal security
agency, or other authorized federal agency, for aid to dependent
children for any quarter shall have been received by the department of
taxation and finance, the department shall, as soon as possible, certify
to the comptroller the amount to which each social services district is
entitled for such quarter and such amount shall be paid out of the state
treasury after audit by the comptroller to the respective social
services districts.

d. The department is authorized in its discretion to make advances to
public welfare districts and to cities and towns in anticipation of the
state reimbursement provided for in this section.

7. Payment of state reimbursement and advances shall be made to the
fiscal officer of the public welfare district or city entitled thereto
pursuant to the provisions of this chapter; and in counties where home
relief is a town charge, such payment as the towns therein shall be
entitled to shall be made to the fiscal officer of the county for the
account of and reimbursement to such towns, except in the case of a town
which is a public welfare district.

8. Any inconsistent provision of the law or regulation of the
department notwithstanding, state reimbursement shall not be made for
any expenditure made for the duplication of any grant and allowance for
any period, except as authorized by subdivision eleven of section one
hundred thirty-one of this chapter. Notwithstanding any other provision
of law, social services districts are not required to provide safety net
assistance to any person, otherwise eligible, if state reimbursement is
not available in accordance with this subdivision.

9. Any inconsistent provision of this chapter or other law
notwithstanding, any loss of federal funds assessed by the department of
health, education and welfare against the state by reason of the failure
of one or more social services districts to comply either with paragraph
(e) of subdivision one of section three hundred fifty and paragraph (c)
of subdivision four of section three hundred sixty-five-a relating to
family planning services for eligible individuals or with paragraph (g)
of subdivision one of section three hundred fifty relating to child
health screening and resulting treatment, shall be charged to and borne
by the social services districts responsible for such loss. Each such
district shall bear only so much of any such loss as is attributable to
its failure so to comply. The amount to be borne by a district shall be
determined by applying the ratio that the number of cases in which it
failed to comply with either family planning or child health screening
and treatment requirements, or both, bears to the total number of cases
in the state in which there were failures to comply with either such
requirement, or both, as the case may be. A district shall have an
opportunity to be heard before the department's final determination to
impose such an assessment.

* 10. Expenditures made by a social services district for the
maintenance of children with disabilities, placed by school districts,
pursuant to section forty-four hundred five of the education law shall,
if approved by the office of children and family services, be subject to
fifty-six and eight hundred forty-eight thousandths percent
reimbursement by the school district, in accordance with paragraph c of
subdivision one of section forty-four hundred five of the education law,
after first deducting therefrom any federal funds received or to be
received on account of such expenditures, except that in the case of a
student attending a state-operated school for the deaf or blind pursuant
to article eighty-seven or eighty-eight of the education law who was not
placed in such school by a school district such expenditures shall be
subject to fifty percent reimbursement by the school district after
first deducting therefrom any federal funds received or to be received
on account of such expenditures. Such expenditures shall not be subject
to the limitations on state reimbursement contained in subdivision two
of section one hundred fifty-three-k of this title. In the event of the
failure of the school district to make the maintenance payment pursuant
to the provisions of this subdivision, the state comptroller shall
withhold state reimbursement to any such school district in an amount
equal to the unpaid obligation for maintenance and pay over such sum to
the social services district upon certification of the commissioner of
the office of children and family services and the commissioner of
education that such funds are overdue and owed by such school district.
The commissioner of the office of children and family services, in
consultation with the commissioner of education, shall promulgate
regulations to implement the provisions of this subdivision.

* NB Effective until April 1, 2025

* 10. Expenditures made by a social services district for the
maintenance of children with disabilities, placed by school districts,
pursuant to section forty-four hundred five of the education law shall,
if approved by the office of children and family services, be subject to
eighteen and four hundred twenty-four thousandths percent reimbursement
by the state and thirty-eight and four hundred twenty-four thousandths
percent reimbursement by school districts, except for social services
districts located within a city with a population of one million or
more, where such expenditures shall be subject to fifty-six and eight
hundred forty-eight thousandths percent reimbursement by the school
district, in accordance with paragraph c of subdivision one of section
forty-four hundred five of the education law, after first deducting
therefrom any federal funds received or to be received on account of
such expenditures, except that in the case of a student attending a
state-operated school for the deaf or blind pursuant to article
eighty-seven or eighty-eight of the education law who was not placed in
such school by a school district such expenditures shall be subject to
fifty percent reimbursement by the state after first deducting therefrom
any federal funds received or to be received on account of such
expenditures and there shall be no reimbursement by school districts.
Such expenditures shall not be subject to the limitations on state
reimbursement contained in subdivision two of section one hundred
fifty-three-k of this title. In the event of the failure of the school
district to make the maintenance payment pursuant to the provisions of
this subdivision, the state comptroller shall withhold state
reimbursement to any such school district in an amount equal to the
unpaid obligation for maintenance and pay over such sum to the social
services district upon certification of the commissioner of the office
of children and family services and the commissioner of education that
such funds are overdue and owed by such school district. The
commissioner of the office of children and family services, in
consultation with the commissioner of education, shall promulgate
regulations to implement the provisions of this subdivision.

* NB Effective April 1, 2025 until June 30, 2027

* 10. Expenditures made by a social services district for the
maintenance of handicapped children, placed by school districts,
pursuant to section forty-four hundred five of the education law shall,
if approved by the department, be subject to fifty percent reimbursement
by the state, after first deducting therefrom any federal funds received
or to be received on account of such expenditure. Such expenditures
shall not be subject to the limitations on state reimbursement contained
in sections one hundred fifty-three-d or one hundred fifty-three-e of
this chapter.

* NB Effective June 30, 2027

* 11. Expenditures made by a social services district for approved
tuition costs pursuant to section four thousand four of the education
law, after first deducting therefrom any federal funds received or to be
received on account thereof, for a child placed in a child care
institution by a social services district, the office of children and
family services or family court shall be subject to reimbursement by the
state in accordance with subdivision two of section one hundred
fifty-three-k of this title and article nineteen-G of the executive law,
as applicable; provided, however, that the amount that a school district
reimburses the state for its expenditure for such children pursuant to
section four thousand four of the education law shall be credited to
each applicable social services district.

* NB Effective until June 30, 2027

* 11. Expenditures made by a social services district for approved
tuition costs of certain children pursuant to section four thousand four
of the education law, after first deducting therefrom any federal funds
received or to be received on account thereof, shall be subject to fifty
percent reimbursement by the state; provided, however, that the amount
that a school district reimburses the state for its expenditure for such
children pursuant to section four thousand four of the education law
shall be credited to each applicable social services district.

* NB Effective June 30, 2027

* 12. Expenditures made by a social services district for the
detention in foster care facilities or certified or approved family
boarding homes of a person alleged to be or adjudicated as a person in
need of supervision, pursuant to article seven of the family court act,
shall be subject to reimbursement by the state in accordance with the
provisions of section five hundred thirty of the executive law. The care
of such person shall not be required to comply with the requirements of
sections four hundred nine-e and four hundred nine-f of this chapter.

* NB Effective until June 30, 2027

* 12. Expenditures made by a social services district for the
detention in foster care facilities of a person alleged to be or
adjudicated as a person in need of supervision, pursuant to article
seven of the family court act, shall be subject to reimbursement by the
state in accordance with the provisions of section five hundred thirty
of the executive law. The care of such person shall not be required to
comply with the requirements of sections four hundred nine-e and four
hundred nine-f, nor be subject to the provisions of section one hundred
fifty-three-d or three hundred ninety-eight-b of this chapter.

* NB Effective June 30, 2027

15. Notwithstanding the provisions of this section or any other law to
the contrary, expenditures made by a social services district for
brokers' fees, finders' fees or security deposits paid pursuant to this
chapter shall be subject to twenty-five percent reimbursement, after
first deducting therefrom any federal funds received or to be received
on account thereof.

16. Notwithstanding any inconsistent provisions of this section, and
subject to the amounts specifically appropriated therefor, social
services districts which have implemented child assistance program
pursuant to section one hundred thirty-one-z of this article shall be
reimbursed by the department for administrative expenses for the
implementation and operation of the program as approved by the
department in accordance with the following schedule after first
deducting any federal reimbursement received therefor: for the fiscal
year beginning April first, nineteen hundred ninety-seven, one hundred
percent; for the fiscal year beginning April first, nineteen hundred
ninety-eight, ninety percent; for the fiscal year beginning April first,
nineteen hundred ninety-nine, eighty percent; for the fiscal year
beginning April first, two thousand, seventy percent; for the fiscal
year beginning April first, two thousand one, sixty percent and for each
fiscal year thereafter, fifty percent.

17. From an amount specifically appropriated therefor, the
commissioner of the office of temporary and disability assistance shall
provide additional enhanced reimbursement for administration of income
maintenance, food stamps, and employment programs to social services
districts which meet the work participation rates set forth in
subdivision seven of section three hundred thirty-five-b of this
chapter. The amount of reimbursement available to each social services
district shall be established by the commissioner of the office of
temporary and disability assistance with the approval of the director of
the budget. Separate amounts of reimbursement shall be available to a
social services district for meeting each of the following categories:
for households receiving assistance funded under the federal temporary
assistance for needy families block grant program in which there is an
adult or minor head of household; and for households with dependent
children in which there is an adult or minor head of household and which
is receiving safety net assistance and payment for which is used to meet
the federally required maintenance of effort for the temporary
assistance for needy families block grant. The office of temporary and
disability assistance may advance reimbursement that would be available
for full compliance and may recover any amounts unearned by the district
by withholding any other reimbursement due from the state to the social
services district.