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 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.6 - Fees for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services district must impose and provide for the collection of such
			 fees for service as are required in the then effective consolidated services
			 plan or integrated county plan or, in the case of child care services, the
			 family share for such services required by section
			 415.3(e) 
			 of this Title. Failure of the service recipient to pay a fee or family share as
			 required in this section must lead to suspension or termination of the service
			 for which the fee or family share was imposed and not paid unless, in the case
			 of child care services, satisfactory arrangements have been made, prior to the
			 suspension or termination of such services, for the service recipient to make
			 full payment of all delinquent family shares. No subsequent application nor any
			 reapplication by the service recipient for any service suspended or terminated
			 by reason of the failure to pay a required fee or family share will be
			 considered until such time as all delinquent fees are paid or, in the case of
			 child care services, unless and until arrangements satisfactory to the social
			 services district are made for the service recipient to make full payment of
			 all delinquent family shares. Notwithstanding the foregoing, failure of the
			 service recipient to pay a fee or family share must not be a basis for denial
			 or discontinuance of services as part of a plan of protective services for an
			 adult or a child or for preventing placement of a child in foster
			 care.
(b)
Methods of
			 collection.
(1) The social services
			 district must advise the recipient in writing, at the time of the initial
			 eligibility determination and each redetermination, of the required fee amount,
			 the date(s) such fee is due and the payment procedures to be followed. The
			 notice of the fee requirements must be included in the written notice of
			 eligibility. A provider must also be notified when a recipient is required to
			 pay a fee, if the provider is required to collect the fees for the service.
			 Such notification to the provider must contain the amount of the fee and the
			 date(s) such fee is due.
(2) If a
			 fee is not paid by the specified date, the social services district, or the
			 provider, when appropriate, must immediately give a written notice of the fee
			 past due in person or by mail to the service recipient. Such notice must
			 include a warning of impending termination of the service for continued
			 nonpayment and specify the time period within which such payment must be made
			 or, in the case of child care services, the time period within which
			 satisfactory arrangements for such payment must be made. Such time period may
			 be no less than seven days and no more than 30 days. If payment is not received
			 or, in the case of child care services if arrangements, satisfactory to the
			 social services district, for full payment of all delinquent fees by the
			 service recipient, have not been made within the time period specified in the
			 written notice that the fee is past due, then the social services district must
			 give written notice of termination of service in person or by mail to the
			 service recipient. The notice of termination of service must state that the
			 service will be terminated 10 days subsequent to the date of the notice unless
			 payment of all delinquent fees is received prior to the date of termination or,
			 in the case of child care services, unless and until arrangements, satisfactory
			 to the social services district, are made for the service recipient to make
			 full payment of all delinquent fees. Copies of the warning and termination
			 notices must be maintained in the recipient's basic data file.