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 405 - Purchase of Services by Social Services District › Section 405.1 - Policies governing purchase of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With the exception of foster care
			 maintenance services and child care services, a social services district may
			 purchase services for eligible individuals from local public agencies, private
			 nonprofit agencies or organizations and private proprietary agencies. Foster
			 care maintenance services may be purchased only from authorized agencies as
			 defined in section 371 (10)  of the Social
			 Services Law. Foster care maintenance services for children placed outside of
			 this State may be purchased from public agencies, private nonprofit agencies or
			 organizations and private proprietary agencies operating outside of this State
			 only when the placements comply with the interstate compact on the placement of
			 children as set forth in section 374-a  of the Social Services Law. Services
			 for children with handicapping conditions provided in accordance with article
			 89 of the Education Law may be purchased from private proprietary agencies or
			 organizations, and private nonprofit agencies or organizations. Specific child
			 care services may be purchased only from those providers designated in Part 415
			 of this Title as eligible to provide that specific type of child care services.
			 All such purchases are subject to the following conditions:
(1) The social services district may purchase
			 only those services defined, included and authorized for purchase in the social
			 services district's component of the Consolidated Services Plan or the
			 Integrated County Plan; child care services in accordance with Part 415 of this
			 Title; and foster care maintenance services in accordance with Part 427 of this
			 Title.
(2) Purchase of services and
			 foster care maintenance must be made pursuant to a written contract in
			 accordance with the requirements of section
			 405.3  of
			 this Part unless otherwise excepted therein, or unless otherwise authorized in
			 accordance with Part 415 of this Title.
(3) A provider may not subcontract provision
			 of services and foster care maintenance unless expressly permitted to do so by
			 the social services district and the provider shall at all times be responsible
			 for the performance of any subcontractor.
(4) Services and foster care maintenance may
			 be purchased only if and to the extent that such services and care are not
			 available without cost.
(5)
			 Providers of services and foster care maintenance shall be licensed as required
			 by law and shall comply with all applicable mandatory State and Federal
			 standards.
(6) The quantity and
			 cost of services and foster care maintenance actually provided pursuant to
			 contract or letter of understanding shall be documented.
(7) The social services district shall
			 determine the eligibility of individuals for services and foster care
			 maintenance and shall authorize the type and duration of services and foster
			 care to be provided.
(8) The social
			 services district shall, except when rates of payment have been established by
			 the department, negotiate rates of payment for purchased services and foster
			 care maintenance which do not exceed amounts reasonable and necessary to assure
			 quality of services and care and, in the case of services or care purchased
			 from other public agencies, are in accordance with the cost reasonably
			 assignable to such services and care. In no event shall the commissioner of the
			 social services district negotiate a rate which is in excess of the rate
			 charged to private consumers.
(9)
			 The social services district shall document the methods used in establishing
			 and maintaining rates negotiated in accordance with paragraph (8) of this
			 subdivision and maintain information to support such rates of payment in a form
			 accessible for audit purposes by State and Federal officers.
(10) Payment for services and foster care
			 maintenance purchased in accordance with this Part shall be made by the social
			 services district directly to the provider, except:
(i) When payment is permitted to be made to
			 the recipient for payment to the vendor, the social services district shall:
(a) specify to the recipient the type, cost,
			 quantity and vendor of such services; and
(b) establish procedures to insure proper
			 delivery of the services to, and payment by, the recipient.
(ii) When reimbursement to the
			 recipient is specifically authorized by the department, in which case, the
			 following requirements must be satisfied:
(a)
			 The recipient shall present a receipt or bill to the social services district
			 which evidences payment made by or payment due from the recipient of a
			 specified amount to a provider for a specified service or care specifically
			 identified in the individual services plan.
(b) The service or care received shall have
			 been approved by the social services district prior to purchase by the
			 recipient.
(c) The service or care
			 shall have been secured by the recipient within a period of time and at a cost
			 authorized by the social services district.
(11) Overall planning for purchase of
			 services and foster care maintenance and monitoring and evaluation of such
			 services and care shall be performed by staff of the social services
			 district.