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 423 - Preventive Services Regulations › Section 423.5 - Fiscal requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 General requirements. A social services district will be reimbursed for 65
			 percent of the costs of mandated, non-mandated, and community optional
			 preventive services provided pursuant to section 409-a  of the Social Services Law when the
			 following conditions are met:
(1) children
			 and their families receiving such preventive services meet the client
			 eligibility criteria as defined in sections
			 423.3
			 and
			 430.9 
			 of this Title or a community optional preventive services program approved by
			 the Office of Children and Family Services ("OCFS") under subdivision (3) of
			 section 409-a  of the Social Services
			 Law;
(2) the social services
			 district receives approval of its county's child and family services plan
			 pursuant to section 34-a  of the Social Services Law;
(3) the social services district certifies
			 that it will not be using these funds to supplant other State and local funds
			 and that it will not submit claims for reimbursement for the same type and
			 level of services that the district previously provided and claimed under any
			 contract in existence on October 1, 2002 as other than child protective,
			 preventive, independent living, or after care services or adoption
			 administration and services, other than adoption subsidies provided pursuant to
			 title 9 of article 6 of the Social Services Law and implementing
			 regulations;
(4) for a district to
			 receive an increase in funding for child protective, preventive, independent
			 living, or after care services, or adoption administration and services over
			 the amount the district received for such services that were reimbursable in
			 State fiscal year 2004-05:
(i) the amount of
			 funds that the district expends on such services from its flexible fund for
			 family services allocation and any flexible fund for family services funds
			 transferred at the district's request to the title XX social services block
			 grant must, to the extent that families are eligible therefore, be equal to or
			 greater than the amount the district spent for such services that were
			 reimbursed during State fiscal year 2004-05 with temporary assistance to needy
			 families block grant funds for families eligible for emergency assistance to
			 families and with temporary assistance to needy families block grant funds
			 transferred to the title XX social services block grant; or
(ii) the district must increase the gross
			 amount of such funds above the amount claimed for State fiscal year 2004-05, in
			 which case, the increase in funding will only be available for 65 percent of
			 the claims that exceed the gross amount claimed in State fiscal year
			 2004-05;
(5) beginning
			 January 1, 2008, such preventive services, whether purchased or provided
			 directly by the district, include performance or outcome-based provisions.
(i) For purposes of complying with this
			 requirement, performance means quantifiable and verifiable interim changes in,
			 or maintenance of, the conditions or behaviors of the target population
			 resulting from the provision of services that indicate progress towards an
			 outcome, and outcome means the anticipated change in, or maintenance of,
			 conditions or behaviors of a targeted population as a result of the provision
			 of services.
(ii) In the absence of
			 the required performance or outcome-based provisions, OCFS may limit up to 100
			 percent of a district's State reimbursement for preventive services
			 expenditures related to any increases in the amount of the district's gross
			 claims for such expenditures that are otherwise reimbursable during State
			 fiscal year 2007-08 and thereafter that exceed the amount of its gross claims
			 for the period October 1, 2005 through September 30, 2006 that were claimed
			 through March 31, 2007. However, OCFS may determine, in its discretion, not to
			 reduce a district's reimbursement in this manner if the district is able to
			 demonstrate, in a form and manner determined by OCFS, that the absence of the
			 required performance or outcome-based provisions is due to extenuating
			 circumstances beyond the district's control including, but not limited to, the
			 inability to amend a contract for the purchase of preventive services that was
			 in effect on April 9, 2007 that extends past January 1, 2008.