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 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence › Section 408.7 - Standards of payment for programs for victims of domestic violence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Submission of forms and reports; penalty.
(1) Programs operated by not-for-profit
			 corporations providing domestic violence services must submit to the department
			 the fiscal, programmatic and statistical reports and information relating to
			 the standards and costs of providing residential care and services to victims
			 of domestic violence and their children required by the department on such
			 forms or in such a manner as the department may, from time to time, require.
			 Such forms and records must be submitted to the department by April 15th of
			 each year by residential programs located outside New York City and by October
			 15th of each year by residential programs located in New York City. Programs
			 which submit completed forms and reports to the department will be notified in
			 writing by the department if such forms or reports must be clarified or
			 supplemented. A program which is so notified will be given an additional 30
			 calendar days from the date of notice by the department to submit the corrected
			 forms or reports. A program which does not submit the required forms and
			 reports, submits part but not all of the required forms and reports, or fails
			 to clarify or supplement the forms and reports as requested by the department
			 by the applicable date will be deemed to have failed to meet the submittal
			 deadline and will be subject to a reduction of the administrative component of
			 the per diem rate for the program's next fiscal year as specified in this
			 Part.
(2) If a program is unable to
			 meet the applicable deadline for a good cause, the program may request an
			 extension of up to 30 days in which to submit the required fiscal, programmatic
			 and statistical forms and reports. This request must be submitted in writing to
			 the department prior to the applicable deadline, and must include an
			 explanation of why the extension is needed. For good cause shown, the
			 department may grant an extension of up to 30 days. If there are unusual
			 circumstances which are beyond the control of the program and which justify the
			 extension, the department may grant additional 30 day extensions until the
			 program is able to submit the required forms and reports. The department will
			 notify the program in writing of any extension granted pursuant to this
			 paragraph.
(3) Those programs which
			 fail to submit the required forms and reports in a timely fashion, or fail to
			 respond within 30 days to a written request from the department for clarifying
			 or supplemental information on any forms or reports already submitted, will be
			 assessed a penalty. Such penalty will result in a reduction of the
			 administrative component of the approved per diem rate beginning on the first
			 day of the fiscal year for which the new rate applies and ending on the date in
			 the same fiscal year, determined in accordance with the following schedule:
Days late
Percentage reduction of administrative
					 component of the approved per diem rate
Ending date of reduced rate for domestic
					 violence programs outside New York City
Ending date of reduced rate for domestic
					 violence programs in New York City
16-30 days
5 percent
Jan. 15th
July 15th
31-45 days
10 percent
Feb. 1st
Aug. 1st
46-60 days
20 percent
Feb. 15th
Aug. 15th
61-90 days
25 percent
March 1st
Sept. 1st
91-180 days
30 percent
March 1st
Sept. 1st
181-270 days
35 percent
March 1st
Sept. 1st
271-365 days
45 percent
March 1st
Sept. 1st
365 +
50 percent
March 1st
Sept. 1st
(4) For those programs which are granted an
			 extension by the department pursuant to paragraph (2) of this subdivision, the
			 calculation of the number of days the documentation is late will commence on
			 the next business day following the expiration of the extension. For those
			 programs which receive a written request from the department for clarifying or
			 supplemental information pursuant to paragraph (1) of this subdivision, the
			 calculation of the number of days the documentation is late will commence on
			 the 31st day after the date of such written request if the requested material
			 is not submitted before the end of any extension period granted by the
			 department. If the due date falls on a weekend or holiday, the calculation of
			 the number of days the documentation is late will commence on the next business
			 day. Every calendar day after the date the calculation commences will be
			 counted when determining the total number of days that a program 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 clarifying or
			 supplemental information will be considered in establishing the total number of
			 late days and the amount of the penalty.