N.Y. SOS Law § 36-B — New York Code / Act SOS / Article 2 / Section 36-B
Local flexibility incentive pilot program
Status: in_force

§ 36-b. Local flexibility incentive pilot program.  1.  The\ndepartment, in cooperation with the department of labor, is authorized\nto establish the local flexibility incentive pilot program to enable\nsocial services districts or groups of social services districts, at\nlocal option, to demonstrate innovations and efficiencies to aid public\nassistance recipients in attaining self-sufficiency.\n  2.  Upon application of a social services district, the department, in\ncooperation with the department of labor, is authorized to approve\nfunding for pilot programs subject to the approval of the director of\nthe budget, separate from state aid that said social services district\nor social services districts would otherwise be eligible to receive, and\nto waive state regulations that would impede the successful completion\nof a project, provided that the demonstration project is consistent with\napplicable state and federal statutes and will not impair the general\nhealth or welfare of the people receiving services under such project or\nothers receiving services in the applying social services district.  The\ndepartment is authorized, in consultation with the department of labor\nwhere appropriate to impose appropriate alternative standards in place\nof any waived requirements.\n  3.  Applications for pilot project approval shall include, but not be\nlimited to, the name of the applying social services district or group\nof social services districts, the population, size of its\nwelfare-related programs including medical assistance, family\nassistance, safety net assistance, emergency assistance to families or\nits successor programs; size of the population to be subject to the\npilot project, the project proposed, with quantified cost savings and an\nexplanation of how such project, if approved, would result in cost\ncontainment of the amounts described in the application or improvements\nin the delivery of services and benefits; the start date and completion\ndate of the project; whether, if successful, the project would require\nfunding in future years; and identification, as necessary, of any rules,\nregulations or statutory requirements that could impede the successful\ncompletion of the project.\n  4.  If a project is approved, then, notwithstanding any inconsistent\nprovision of law, the department shall provide funding of the project\nwithin amounts available by appropriation therefor, provided that no\nsocial services district or group of social services districts shall\nreceive more than twenty-five percent of the funds available in any\nsingle year.  No payment will be made until thirty days after the\nagreement has been executed. An approved applicant that shall achieve\nits cost-savings goal shall receive full reimbursement for the costs of\nsuch project as such amount shall have been approved by the department\nin cooperation with the department of labor.  In no case shall the state\nor any of its agencies require remission or repayment of funds saved by\nany applicant.  Reimbursement for successful applicants pursuant to the\nprovisions of this section shall not take place until the department\nshall have been satisfied as to the savings levels actually achieved.\n  5.  Each social services district or group of social services\ndistricts implementing a pilot project under this section shall\nestablish an on-going program evaluation and assessment program\nemploying objective measurements and systematic analysis to determine\nthe manner and extent to which the project is achieving the intended\nprimary objective of the project.  Each evaluation and assessment\nprogram shall include an annual performance plan with goals which\nestablish target levels of performance expressed as tangible, measurable\nobjectives against which actual achievement can be compared, including a\ngoal expressed as a qualitative standard, value or rate.  Each\nparticipating social services district or group of social services\ndistricts shall submit an annual program performance report for the\nprior fiscal year to the department, the department of labor and to the\ngovernor, the speaker of the assembly and the majority leader of the\nsenate documenting the performance achieved compared with the\nperformance goals established for the pilot project, improvements in the\nquality of services provided and any cost savings; an explanation if a\nperformance goal was not met and an assessment of the effectiveness in\nachieving performance goals.\n  6.  Notwithstanding any provision of law to the contrary, state\nreimbursement for expenditures made by a social services district for\nadministration of any project, including expenditures made in connection\nwith the development, if performed by a county employee or employees,\nimplementation and operation thereof, shall not be subject to any\nlimitations on administrative expenditures, ceilings or caps which\notherwise would apply to the reimbursement of such administrative\nexpenditures.\n