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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Submission of forms and reports; penalty.
(1) In order that appropriate maximum State
			 aid reimbursement rates for foster care services provided by authorized
			 agencies, and maintenance services provided in approved schools for the
			 handicapped may be promulgated in a timely manner, authorized agencies and such
			 schools shall submit the required fiscal, programmatic and statistical reports
			 and forms relating to the standards and cost of providing foster care and
			 educational maintenance services to the department prior to November 1st of
			 each year. Agencies and schools which submit completed forms and reports to the
			 department shall be notified in writing by the department if such reports or
			 forms need clarification or supplementation. An agency or school which is so
			 notified will be given an additional 30 days from the date of the notice to
			 submit the corrected forms or reports. An authorized agency or approved school
			 for the handicapped which fails to submit the required forms and reports or
			 submits part but not all of the required forms and reports to the department by
			 November 1st will be deemed to have failed to meet the submittal
			 deadline.
(2) If for good cause
			 shown, an agency or school is unable to meet the November 1st deadline, the
			 agency or school may request an extension which must include an explanation of
			 why the extension is needed. This request shall be submitted in writing to the
			 department prior to the November 1st due date. The department may grant an
			 extension of up to 30 days. A further extension may be granted until December
			 31st, if there are unusual circumstances which are beyond the control of the
			 agency or school and which justify the extension. If the unusual circumstances
			 continue to exist beyond December 31st, the department may grant one- month
			 extensions until the agency or school is able to submit its mandated reports
			 and forms. All extensions granted by the department pursuant to this paragraph
			 shall be forwarded in writing to the appropriate authorized agency or
			 school.
(3) Those authorized
			 agencies and schools which are late in submitting the required forms or
			 reports, or fail to respond within 30 days to a written request from the
			 department for additional or clarifying information on forms or reports already
			 submitted, will be subject to a penalty. Such penalty shall result in a
			 reduction in the allowable administrative cost component of the agency's or
			 school's maintenance rate for a specified period of time. The administrative
			 component for family boarding home programs is composed of the same
			 administrative cost accounts as are used in establishing the administrative
			 component for the group foster care programs and approved schools. The amount
			 of the penalty will depend upon the number of days after November 1st which
			 expire prior to receipt of the required reports and forms by the department.
			 The penalties will be determined in accordance with the following schedule:
Days
					   late
Percentage reduction of reimbursable
					 administrative cost component
Starting date of full rate for authorized
					 agencies
Starting date of full rate for approved
					 schools
16 - 30 days
10 percent
July 15th
September 15th
31 - 45 days
20 percent
August 1st
October 1st
46 - 60 days
40 percent
August 15th
October 15th
61 - 90 days
50 percent
September 1st
November 1st
91 - 180 days
60 percent
September 1st
November 1st
181 - 270 days
75 percent
September 1st
November 1st
271 - 365 days
90 percent
September 1st
November 1st
365+
100 percent
September 1st
November 1st
For those agencies or schools which have not submitted
			   their mandated reports and forms by June 1st, the maintenance rate payable
			   beginning July 1st will be equal to the previous year's maintenance rate minus
			   90 percent of such rate's administrative component. This reduced rate will
			   continue in effect until a new maintenance rate can be calculated. Upon receipt
			   of the required reports and forms, a new maintenance rate will be calculated
			   and made effective retroactively. A percentage of the administrative cost
			   component of the new rate will be deducted from such rate in accordance with
			   the above-referenced penalty schedule.
(4) The department shall start counting the
			 number of days late on November 2nd. For those agencies or schools which are
			 granted an extension by the department pursuant to paragraph (2) of this
			 subdivision, the count will start the day after the extension expires. For
			 those agencies or schools which receive a written request for additional or
			 clarifying information pursuant to paragraph (1) of this subdivision, the
			 penalty count starts on the 31st day after the date of such written request if
			 the requested additional material is not submitted within the 30 days allowed.
			 If the due date falls on a weekend or holiday, the count will begin on the next
			 business day. Every day which qualifies as a late day shall be counted when
			 determining the total number of days that an agency or school is late in
			 submitting the required documentation to the department. The total number of
			 days beyond the date authorized for submitting required reports or forms
			 pursuant to this Part or the date authorized for submitting supplemental
			 information shall be considered in establishing the total number of late days
			 and the amount of the penalty.