S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10647
 
                           I N  A S S E M B L Y
 
                               July 22, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to amend the social services law, in  relation  to  incorporating
   the cost of living adjustment into subsequent maximum state aid rates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 398-a of the social services  law,
 as amended by section 20 of part C of chapter 83 of the laws of 2002, is
 amended to read as follows:
   (2)  The  office  of  children  and  family services shall promulgate,
 subject to consultation with appropriate state agencies, the approval of
 the director of the budget and certification to  the  [chairmen]  CHAIR-
 PERSONS  of  the  senate finance and assembly ways and means committees,
 regulations establishing standards  of  payment  for  care  provided  TO
 foster  children  when  the  care  of such children is subject to public
 financial support, when such care is provided by  relatives,  authorized
 agencies,  family  boarding  homes, or state agencies. Such standards of
 payment shall include the care required to be provided for foster  chil-
 dren  and  the cost of such care. When the office of children and family
 services has established such standards, reimbursement under subdivision
 two of section one hundred fifty-three-k of this chapter, for  the  care
 of  foster  children shall be limited in accordance with such standards.
 PROVIDED, HOWEVER, NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW  TO
 THE CONTRARY, WHEN A COST OF LIVING ADJUSTMENT IS PROVIDED IN ACCORDANCE
 WITH  A  CHAPTER  OF  THE  LAWS OF SUCH YEAR, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES SHALL ENSURE SUCH ADJUSTMENT  IS  SUBSEQUENTLY  INCLUDED
 AND  INCORPORATED  AS PART OF THE NEXT BASE PAYMENT RATE ESTABLISHED FOR
 PROVIDING CARE TO FOSTER CHILDREN AND EVERY SUBSEQUENT MAXIMUM STATE AID
 RATE ESTABLISHED THEREAFTER. PROVIDED, FURTHER, SUCH ADJUSTMENT SHALL BE
 IN ADDITION TO ANY COST OF LIVING ADJUSTMENT THAT MAY BE PROVIDED  IN  A
 SUBSEQUENT STATE FISCAL YEAR, AS WELL AS ANY ADDITIONAL TREND FACTORS OR
 STAFF  RETENTION FACTORS THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES
 MAY APPLY TO ELIGIBLE PROGRAMS. NOTHING HEREIN SHALL PRECLUDE THE OFFICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15896-01-4
              

 A. 10647                            2
 
 OF CHILDREN AND FAMILY SERVICES FROM APPLYING ADDITIONAL  TREND  FACTORS
 OR STAFF RETENTION FACTORS THAT A PROGRAM MAY BE ELIGIBLE FOR.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 2 of section 398-a of the social  services
 law  made by section one of this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.