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 435 - Respite Care and Services for Families and Foster Families › Section 435.10 - Payment for respite care and services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Payment by a social services district to foster family boarding home or an
			 emergency foster family boarding home for the provision of respite care and
			 services to a foster child must not exceed the per diem maximum State aid rate
			 for foster family boarding home care currently being paid on behalf of the
			 child.
(b) Payment by a social
			 services district for respite care and services for foster families provided by
			 agency boarding homes, group homes, group residences or institutions must be
			 made at the rates contained in the social services district's agreement with
			 such providers for the provision of foster care services.
(c) Payments may be made by a social services
			 district for reserved accommodations in foster family boarding homes or
			 emergency foster family boarding homes approved for the provision of respite
			 care and services.
(d)
(1) Payment made by a social services
			 district to individual providers approved pursuant to section
			 435.6  of this Part or to foster
			 family boarding homes approved to provide respite care and services for
			 families as mandated preventive services are to be made pursuant to a purchase
			 of service contract or letter of intent between the social services district
			 and the approved provider(s) or a purchase of service contract between the
			 social services district and the voluntary authorized agency or preventive
			 services agency supervising the approved provider(s). Such contract or letter
			 of intent must conform to the provisions of Parts 405 and 423 of this Title;
			 provided, however, that the provisions of section
			 405.1(a)  of this
			 Title limiting such contracts to local public agencies, private non-profit
			 agencies or organizations, and private proprietary agencies are not applicable
			 to providers of respite care and services for families. Rates of payment under
			 such contracts or letters of intent may be negotiated by the social services
			 district with the individual providers or foster family boarding homes but must
			 be uniform throughout the district.
(2) Payments made by a social services
			 district to agency boarding homes, group homes, group residences or
			 institutions for respite care and services for families when provided in
			 accordance with this Part must be set by a purchase of services agreement for
			 such services and must not exceed the rates contained in the social services
			 district's agreement with such providers for the provision of foster care
			 services.
(3) Payments made by a
			 social services district to family home providers or programs approved by the
			 Office of Mental Health or the Office for People with Developmental
			 Disabilities and approved by the social services district for respite care and
			 services for families provided in accordance with this Part must be set by a
			 purchase of services contract or letter of intent between the social services
			 district and such agency, provider or program in accordance with Part 405 of
			 this Title.
(4) The provisions of
			 this section apply to respite care and services for families that are provided
			 for less than 24 hours, including the requirements that payments for such
			 services must not exceed the equivalent of an applicable per diem rate for
			 foster care services and that such payment rates must be uniform throughout the
			 district.