2023 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.