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

                                  7426

                            I N  S E N A T E

                             April 29, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to  implementing  a
  cost estimation model for child care

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

  Section 1. Subdivision 4 of section 410-x of the social services  law,
as  added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  4. (A) The amount to be paid or  allowed  for  child  care  assistance
funded  under  the  block  grant shall be the actual cost of care but no
more than the applicable market-related payment rate established by  the
department  in regulations. The payment rates established by the depart-
ment shall be sufficient to ensure equal access for eligible children to
comparable child care assistance in the substate area that are  provided
to  children  whose parents are not eligible to receive assistance under
any federal or state  programs.  Such  payment  rates  shall  take  into
account the variations in the costs of providing child care in different
settings  and  to  children  of different age groups, and the additional
costs of providing child care for children with special needs.
  (B) (1) FOR EACH GROUP FOR WHICH THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE A
COST  ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR WHEN
PROVIDING CHILD CARE. THE COST ESTIMATION MODEL SHALL IDENTIFY AND  TAKE
INTO  ACCOUNT  COST DRIVERS INCLUDING BUT NOT LIMITED TO EMPLOYEE SALARY
AND BENEFITS, ENROLLMENT LEVELS,  FACILITY  COSTS  AND  COMPLIANCE  WITH
STATUTORY  AND  REGULATORY REQUIREMENTS. THE COST ESTIMATION MODEL SHALL
ALSO TAKE INTO ACCOUNT THE COST OF PROVIDING SERVICES AT EACH  LEVEL  OF
QUALITY AS DETERMINED BY A QUALITY RATING SYSTEM AND ANY QUALITY INDICA-
TORS UTILIZED BY THE STATE.
  (2)  IN  DEVELOPING  SUCH  MODEL  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED  TO,
REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE

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

                                                           LBD15076-02-6

S. 7426                             2

PROVIDERS  AND  ANY  STATE  ADVISORY  COUNCIL ESTABLISHED PURSUANT TO 42
U.S.C.S. S 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION MODEL SHALL BE
STATISTICALLY VALID,  USING  COMPLETE  AND  CURRENT  DATA  AND  RIGOROUS
COLLECTION METHODS.
  S  2. Section 410-z of the social services law, as added by section 52
of part B of chapter 436 of the laws of 1997,  is  amended  to  read  as
follows:
  S  410-z.  Reporting  requirements.  1.  Each social services district
shall collect and submit to the department, in such  form  and  at  such
times as  specified by the department, such data and information regard-
ing child  care assistance provided under the block grant as the depart-
ment may need to comply with federal reporting requirements.
  2.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE AN ANNUAL
REPORT DETAILING THE ACTUAL COST PROVIDERS INCUR  WHEN  PROVIDING  CHILD
CARE  IN EACH SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTAB-
LISHED IN PARAGRAPH (B) OF SUBDIVISION  FOUR  OF  SECTION  FOUR  HUNDRED
TEN-X  OF  THIS  TITLE.    THE  REPORT  SHALL  DETAIL COST DATA FOR EACH
SETTING, AGE GROUP, CARE PROVIDED TO CHILDREN WITH  SPECIAL  NEEDS,  AND
ANY  OTHER  GROUPING  FOR WHICH A SEPARATE COST ESTIMATION IS CONDUCTED.
SUCH DATA SHALL INCLUDE:
  (A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
  (B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
  (C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING  TO  THE
MARKET  RATE  DETERMINED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF  SECTION  FOUR  HUNDRED
TEN-X OF THIS TITLE.
  THE  REPORT  SHALL  BE  SUBMITTED  TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY JANUARY FIRST, TWO
THOUSAND EIGHTEEN AND JANUARY FIRST OF EACH YEAR THEREAFTER. THE  OFFICE
OF  CHILDREN AND FAMILY SERVICES SHALL POST THE INFORMATION CONTAINED IN
THE REPORT ON ITS WEBSITE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.