NY Soc Serv L § 153 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 2 - State Reimbursement for Public Assistance and Care 153 - Reimbursement and Advances by the State.

§ 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, 2022   * 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, 2022   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, or for any home relief payment made for periods prior to forty-five days after the filing of an  application unless  the  district determines pursuant to department regulations that such assistance is required to meet emergency circumstances  or  prevent eviction.  Notwithstanding  any  other provision of law, social services districts are not  required  to  provide  home  relief  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, 2022   * 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, 2022 until June 30, 2022   * 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, 2022   * 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, 2022   * 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, 2022   * 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, 2022   * 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, 2022   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.