2023 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, 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.