New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.9 - Rates

Current through Register Vol. 46, No. 28, July 10, 2024
A social services district has the option to apply the
			   weekly or daily rate, except as provided below, when care is provided for 30 or
			   more hours per week on five or less days. When care is provided for less than
			   30 hours per week, the daily or part-day rates must be applied, as
			   applicable.
(a) Weekly rates must be
			 applied when care is provided for 30 or more hours for five or less days per
			 week. Weekly rates also must be applied when child care services are provided
			 for 30 or more hours per week by a child care provider who routinely charges
			 nonsubsidized parents on a weekly basis and who has not signed a purchase of
			 service contract or other written agreement for payment on a different
			 basis.
(b) Daily rates must be
			 applied if care is provided for at least six but less than twelve hours per
			 day, and care is provided for less than 30 hours per week. When child care
			 services are provided for 30 or more hours per week by a child care provider
			 who routinely charges nonsubsidized parents on a daily basis and who has not
			 signed a purchase of service contract or other written agreement for payment on
			 a different basis, the weekly rates divided by five must be applied.
(c) Part-day rates must be applied when the
			 child care services are provided for less than six hours per day.
(d) Where child care services are provided by
			 multiple providers, reimbursement will be made for the actual cost of such
			 services up to the applicable rate for each child care provider used. However,
			 if the combined reimbursement to the multiple providers would exceed one weekly
			 market rate, in order to receive such reimbursement the parent or caretaker
			 must demonstrate that the schedule of employment of the parent or caretaker or
			 the special needs of the child necessitates that child care services be
			 arranged with multiple providers. If the social services district determines
			 that the parent or caretaker has not demonstrated that there is a necessity to
			 use multiple providers, reimbursement is limited to one weekly market rate that
			 is applicable for the type of provider who provides care for the highest number
			 of hours. The social services district will determine how to distribute the
			 reimbursement for the multiple providers.
(e)
Differential payment rates for
			 child care services.
(1) A social
			 services district may establish a differential payment rate for child care
			 services provided by licensed or registered child care providers that have been
			 accredited by a nationally recognized child care organization. Legally-exempt
			 child care providers are not eligible for a differential payment rate under
			 this paragraph. If the social services district chooses to provide a
			 differential rate, the differential rate must be at least five percent higher
			 than the actual cost of care or the applicable market rate, whichever is less.
			 The differential rate may not exceed 15 percent of the actual cost of care or
			 the applicable market rate, whichever rate is less.
(2) A social services district must establish
			 differential payment rates for any eligible child care provider as defined in
			 section
			 415.1(g) 
			 of this Part for child care services provided during nontraditional hours
			 (evening, night or weekend hours). The differential rate must be at least five
			 percent higher than the actual cost of care or the applicable market rate,
			 whichever is less. The differential rate may not exceed 15 percent of the
			 actual cost of care or the applicable market rate, whichever is less.
(3) A social services district must establish
			 differential payment rates for licensed and registered child care providers for
			 child care services provided to a child experiencing homelessness. A social
			 services district may establish differential payment rates for legally-exempt
			 child care providers for a child experiencing homelessness. The differential
			 rate for licensed and registered child care providers must be at least five
			 percent higher than the actual cost of care or the applicable market rate,
			 whichever is less. There is no minimum differential rate for legally-exempt
			 child care providers. The differential rate may not exceed 15 percent of the
			 actual cost of care or the applicable market rate, whichever is less.
(4) The differential payment rates the
			 district sets may be different for each category established in this
			 subdivision. The social services district must indicate in the district's
			 consolidated services plan or integrated county plan the percentage that it
			 will provide for each category. The social services district must indicate the
			 rate that it will provide for child care providers that qualify for multiple
			 differential payment rates, pursuant to this section. The total percentage must
			 not exceed 25 percent of the applicable market rate or the actual cost of care.
			 A social services district may request a waiver from the office to establish a
			 payment rate that is in excess of 25 percent above the applicable market rate
			 upon a showing that the 25 percent maximum is insufficient to provide access
			 within the district to such child care providers or services, as
			 applicable.