S T A T E   O F   N E W   Y O R K
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                                  7812

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced by M. of A. PAULIN, CAMARA, COOK, MILLMAN, TITONE, P. RIVERA,
  JAFFEE  --  Multi-Sponsored by -- M. of A. AUBRY, BING, COLTON, DINOW-
  ITZ, GOTTFRIED -- read once and referred to the Committee on  Children
  and Families

AN  ACT  to  amend  the  executive  law, in relation to setting per diem
  reimbursement rates for institutional care in office of  children  and
  family services facilities; to amend part E of chapter 109 of the laws
  of  2010  amending  the  executive  law  relating to reimbursement for
  expenditures made by the office of children and  family  services,  in
  relation  to  the  expiration  of  the provisions of such part; and to
  amend part L of chapter 111 of the laws of 2010 amending the executive
  law and other laws relating to reimbursement for the expenditure  made
  by  the  office  of  children  and family services, in relation to the
  expiration of certain amendments made by the provisions of such part

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

  Section  1.  Subdivision  6  of  section  529  of the executive law is
amended by adding 2 new paragraphs (d) and (e) to read as follows:
  (D) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  PER
DIEM  REIMBURSEMENT  RATES  FOR  INSTITUTIONAL CARE PROVIDED TO YOUTH IN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES FOR ANY CALENDAR  YEAR
SHALL BE CALCULATED BY DIVIDING THE TOTAL COST OF OPERATING SUCH FACILI-
TIES  BY  THE OPERATING CAPACITY OF SUCH FACILITIES AND FURTHER DIVIDING
THAT TOTAL BY THREE HUNDRED SIXTY-FIVE. FOR PURPOSES OF THIS  PARAGRAPH,
"TOTAL  COST" SHALL MEAN THE ACTUAL COST OF OPERATING SUCH FACILITIES ON
A DAY-TO-DAY BASIS, INCLUDING BUT NOT LIMITED TO COSTS RELATED TO LABOR,
PHYSICAL PLANT MAINTENANCE AND FOOD AND UTILITY EXPENDITURES.  OFF-SITE,
ADMINISTRATIVE COSTS SHALL ONLY BE INCLUDED IN TOTAL COST IF THOSE COSTS
ARE  DIRECTLY  RELATED TO THE OPERATION OF SUCH FACILITIES. FOR PURPOSES
OF THIS PARAGRAPH, "OPERATING CAPACITY" SHALL MEAN THE MAXIMUM NUMBER OF
JUVENILES THAT CAN BE PLACED IN  SUCH  FACILITIES  ON  THE  AVERAGE  DAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11268-01-1
              

A. 7812                             2

DURING  THE  CALENDAR  YEAR.  OPERATING CAPACITY SHALL BE SET BASED UPON
STAFFING LEVELS THAT ARE REASONABLE IN RELATION TO THE NUMBER  OF  JUVE-
NILES  PLACED  AT EACH SUCH FACILITY. IF SUCH OFFICE SETS SEPARATE RATES
TO  REFLECT DIFFERENTIALS IN COST OF SPECIFIC OFFICE PROGRAMS AT PARTIC-
ULAR FACILITIES OR CATEGORIES OF FACILITIES,  IT  SHALL  CALCULATE  SUCH
RATES  IN  ACCORDANCE WITH THIS PARAGRAPH BY REFERENCE TO THE TOTAL COST
AND OPERATING CAPACITY OF EACH SUCH FACILITY OR CATEGORY OF FACILITIES.
  (E) IF THE OFFICE USES INTERIM REIMBURSEMENT RATES TO BILL  LOCALITIES
FOR  A  CALENDAR  YEAR  AND  ADJUSTS THOSE RATES AFTER THE CLOSE OF SUCH
FISCAL YEAR, THE OFFICE SHALL ISSUE FINAL ADJUSTED  REIMBURSEMENT  RATES
NO  LATER  THAN  THE LAST DAY OF THE CALENDAR YEAR IMMEDIATELY FOLLOWING
THE CALENDAR YEAR FOR WHICH REIMBURSEMENT RATES  ARE  ADJUSTED.  IF  THE
OFFICE  FAILS  TO  ADJUST  RATES  BY  SUCH  DATE,  NO ADJUSTMENTS TO THE
ORIGINAL REIMBURSEMENT RATE FOR THE PRIOR CALENDAR YEAR SHALL BE PERMIT-
TED.
  S 2. Section 4 of part E of chapter 109 of the laws of 2010,  amending
the executive law relating to reimbursement for expenditures made by the
office of children and family services, is amended to read as follows:
  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the provisions of section one of this act shall  apply  to
all  per diems established by the office of children and family services
for office programs for the 2002 calendar year and thereafter;  provided
further,  however,  that the provisions of section two of this act shall
apply to all outstanding reimbursements due by social services districts
to the office of children and family services on or before April 1, 2010
and thereafter; and provided further that SECTIONS TWO AND THREE OF this
act shall expire and be deemed repealed April 1, 2013.
  S 3. Section 3 of part L of chapter 111 of the laws of 2010,  amending
the  executive law and other laws relating to reimbursement for expendi-
tures made by the office of children and family services, is amended  to
read as follows:
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the provisions of section one of this act shall  apply  to
all  per diems established by the office of children and family services
for office programs for the 2002 calendar year and thereafter[; provided
further, however, that the amendments to paragraph (c) of subdivision  6
of  section  529  of  the  executive law made by section one of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith].
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2011.