NY Soc Serv L § 368-D (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 11 - Medical Assistance for Needy Persons 368-D - Reimbursement to Public School Districts and State Operated/state Supported Schools Which Operate Pursuant to Article Eighty-Five, Eighty-Seven or Eig

§   368-d.   Reimbursement   to  public  school  districts  and  state operated/state supported  schools  which  operate  pursuant  to  article eighty-five, eighty-seven or eighty-eight of the education law.   1.  The department of health shall review claims for expenditures made by  or  on  behalf  of  local  public  school   districts,   and   state operated/state  supported  schools  which  operate  pursuant  to article eighty-five, eighty-seven or eighty-eight  of  the  education  law,  for medical care, services and supplies which are furnished to children with handicapping   conditions   or   such   children   suspected  of  having handicapping conditions, as such children are defined in  the  education law.  If  approved  by  the  department,  payment for such medical care, services and supplies which would otherwise  qualify  for  reimbursement under  this  title and which are furnished in accordance with this title and the regulations of the department to such children, shall be made in accordance  with  the  department's  approved  medical  assistance   fee schedules  by  payment  to  such local public school district, and state operated/state supported  schools  which  operate  pursuant  to  article eighty-five,  eighty-seven  or  eighty-eight of the education law, which furnished the care, services or supplies either directly or by contract.   2. Claims for payment under this section shall be made  in  such  form and  manner,  at  such times, and for such periods as the department may require.   3. The provisions of this section shall be  of  no  force  and  effect unless  all  necessary  approvals  under federal law and regulation have been obtained to receive federal financial participation in the costs of health care services provided pursuant to this section.   4. The commissioner of health is authorized to contract  with  one  or more entities to conduct a study to determine actual direct and indirect costs  incurred  by  public  school  districts  and state operated/state supported  schools  which  operate  pursuant  to  article   eighty-five, eighty-seven  or  eighty-eight  of  the  education law for medical care, services and supplies, including related special education services  and special   transportation,   furnished   to  children  with  handicapping conditions.   5. Notwithstanding any inconsistent provision of sections one  hundred twelve  and one hundred sixty-three of the state finance law, or section one hundred forty-two of the economic development law, or any other law, the commissioner of health is authorized to enter  into  a  contract  or contracts  under  subdivision four of this section without a competitive bid or request for proposal process, provided, however, that:  (a) The department of health shall post on its website, for  a  period of no less than thirty days:  (i)  A description of the proposed services to be provided pursuant to the contract or contracts;  (ii) The criteria for selection of a contractor or contractors;  (iii) The period of time during which  a  prospective  contractor  may seek  selection,  which  shall  be  no  less than thirty days after such information is first posted on the website; and  (iv) The manner by  which  a  prospective  contractor  may  seek  such selection, which may include submission by electronic means;  (b)  All  reasonable and responsive submissions that are received from prospective contractors in timely  fashion  shall  be  reviewed  by  the commissioner of health; and  (c)  The  commissioner  of  health  shall  select  such  contractor or contractors that, in his or her discretion, are best suited to serve the purposes of this section.  (d) Upon selection of a contractor or contractors, the  department  of health  shall  provide  written  notification  of  such  selection and a  summary of the criteria employed in such selection to the chair  of  the senate  finance  committee  and the chair of the assembly ways and means committee.   6.  The commissioner shall evaluate the results of the study conducted pursuant to  subdivision  four  of  this  section  to  determine,  after identification  of  actual  direct and indirect costs incurred by public school districts, whether it is advisable to claim federal reimbursement for expenditures under this section as certified public expenditures. In the event such claims are submitted, if federal  reimbursement  received for  certified  public  expenditures  on  behalf  of  medical assistance recipients whose assistance and care are the responsibility of a  social services  district  results  in  a decrease in the state share of annual expenditures pursuant to this section for such recipients, then  to  the extent  that  the  amount  of  any  such decrease when combined with any decrease  in  the  state  share  of  annual  expenditures  described  in subdivision  five  of  section three hundred sixty-eight-e of this title exceeds one hundred fifty million dollars for the period April  1,  2011 through  March 31, 2013, or exceeds one hundred million dollars in state fiscal years 2013-14 and 2014-15, the excess amount shall be transferred to such  public  school  districts  in  amounts  proportional  to  their percentage  contribution  to  the  statewide savings; an amount equal to thirteen and five hundredths percent of any decrease in the state  share of  annual  expenditures pursuant to this section for such recipients in state fiscal year 2015-16  and  any  fiscal  year  thereafter  shall  be transferred  to  such public school districts in amounts proportional to their percentage contribution  to  the  statewide  savings.  Any  amount transferred  pursuant  to this section shall not be considered a revenue received by such social services district in determining the  district's actual  medical assistance expenditures for purposes of paragraph (b) of section one of part C of chapter fifty-eight of the laws of two thousand five.