S T A T E   O F   N E W   Y O R K
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                                  6069

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 29, 2009
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to state reimbursement of
  municipalities for services provided and other technical changes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (iii)  of  paragraph b of subdivision 11 of
section 4410 of the education law, as amended by chapter 170 of the laws
of 1994, is amended to read as follows:
  (iii) (A) Notwithstanding the provisions of this paragraph, any monies
due municipalities pursuant to  this  paragraph  FOR  SERVICES  PROVIDED
DURING  THE TWO THOUSAND EIGHT--TWO THOUSAND NINE AND PRIOR SCHOOL YEARS
shall be reduced by an amount equal to the product of the percentage  of
the  approved costs reimbursed by the state pursuant to subparagraph [i]
(I) of this paragraph and any federal participation, pursuant  to  title
XIX  of  the social security act, in special education programs provided
pursuant to this section. The commissioner shall deduct such amount,  as
certified by the commissioner of [social services] HEALTH as the author-
ized  fiscal  agent  of  the state education department. Such deductions
shall be made in accordance with a plan developed  by  the  commissioner
and  approved  by  the  director  of the budget. To the extent that such
deductions exceed moneys owed to the municipality pursuant to this para-
graph, such excess shall be deducted from any  other  payments  due  the
municipality.
  (B)  ANY  MONEYS  DUE  MUNICIPALITIES  PURSUANT  TO THIS PARAGRAPH FOR
SERVICES PROVIDED DURING THE TWO THOUSAND NINE--TWO THOUSAND TEN  SCHOOL
YEAR  AND  THEREAFTER SHALL, IN THE FIRST INSTANCE, BE DESIGNATED AS THE
STATE SHARE OF MONEYS DUE A MUNICIPALITY PURSUANT TO TITLE  XIX  OF  THE
SOCIAL  SECURITY  ACT,  ON  ACCOUNT OF SCHOOL SUPPORTIVE HEALTH SERVICES
PROVIDED TO  PRESCHOOL  STUDENTS  WITH  DISABILITIES  PURSUANT  TO  THIS
SECTION.  SUCH STATE SHARE SHALL BE ASSIGNED ON BEHALF OF MUNICIPALITIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14351-01-9
              

S. 6069                             2

TO THE DEPARTMENT OF HEALTH, AS PROVIDED HEREIN; THE  AMOUNT  DESIGNATED
AS SUCH NONFEDERAL SHARE SHALL BE TRANSFERRED BY THE COMMISSIONER TO THE
DEPARTMENT  OF HEALTH BASED ON THE MONTHLY REPORT OF THE COMMISSIONER OF
HEALTH  TO  THE COMMISSIONER; AND ANY REMAINING MONEYS TO BE APPORTIONED
TO A MUNICIPALITY PURSUANT TO THIS SECTION SHALL BE PAID  IN  ACCORDANCE
WITH  THIS  SECTION.  THE  AMOUNT  TO  BE  ASSIGNED TO THE DEPARTMENT OF
HEALTH, AS DETERMINED BY THE COMMISSIONER OF  HEALTH,  FOR  ANY  MUNICI-
PALITY SHALL NOT EXCEED THE FEDERAL SHARE OF ANY MONEYS DUE SUCH MUNICI-
PALITY  PURSUANT TO TITLE XIX OF THE SOCIAL SECURITY ACT.  MONEYS DESIG-
NATED AS STATE SHARE MONEYS SHALL BE PAID TO SUCH  MUNICIPALITY  BY  THE
DEPARTMENT  OF  HEALTH  BASED  ON  THE SUBMISSION AND APPROVAL OF CLAIMS
RELATED TO  SUCH  SCHOOL  SUPPORTIVE  HEALTH  SERVICES,  IN  THE  MANNER
PROVIDED BY LAW.
  S  2.  Subparagraph  (ii)  of paragraph c of subdivision 11 of section
4410 of the education law, as amended by chapter  474  of  the  laws  of
1996, is amended to read as follows:
  (ii)  Payments  made pursuant to this section by a municipality shall,
upon conclusion of the July first to  June  thirtieth  school  year  for
which  such  payment  was  made,  be subject to audit against the actual
difference between such audited expenditures and revenues.  The  munici-
pality  shall  submit  the results of any such audit to the commissioner
and the commissioner of social services, if appropriate, for review and,
if warranted, adjustment of the tuition and/or  maintenance  rates.  The
municipality is authorized to recover overpayments made to a provider of
special  services  or programs pursuant to this section as determined by
the commissioner or the commissioner of [social services]  HEALTH  based
upon  their adjustment of a tuition and/or maintenance rate. Such recov-
ery may be accomplished by withholding such amount from any  moneys  due
the provider in the current year, or by direct reimbursement.
  S 3. This act shall take effect July 1, 2009.