S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1885
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. CLARK, HEVESI, SEAWRIGHT, GONZALEZ-ROJAS, THIELE,
   JACKSON,  SIMON, DAVILA, ZINERMAN, LUPARDO, KELLES, GALLAGHER, STIRPE,
   McMAHON, MAGNARELLI, BRONSON, WALLACE -- read once and referred 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. Section 410-x of the social  services  law  is  amended  by
 adding a new subdivision 5-a to read as follows:
   5-A.  (A)  FOR  EACH GROUP FOR WHICH THE OFFICE OF CHILDREN AND FAMILY
 SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
 OF THIS SECTION, 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.  WHERE A QUALITY RATING SYSTEM OR
 ANY  QUALITY  INDICATORS  ARE  BEING UTILIZED, THE COST ESTIMATION MODEL
 SHALL ALSO TAKE INTO ACCOUNT THE COST  OF  PROVIDING  SERVICES  AT  EACH
 LEVEL OF QUALITY.
   (B)  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
 PROVIDERS  AND  ANY  STATE  ADVISORY  COUNCIL ESTABLISHED PURSUANT TO 42
 U.S.C.S. § 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION MODEL SHALL BE
 STATISTICALLY VALID,  USING  COMPLETE  AND  CURRENT  DATA  AND  RIGOROUS
 COLLECTION METHODS.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04515-01-3
              

 A. 1885                             2
 
   §  410-z.  Reporting  requirements.  1.  Each social services district
 shall collect and submit to the  [department]  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  in  such  form and at such times as  specified by the
 [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  such  data  and
 information  regarding  child   care assistance provided under the block
 grant as the [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES  may
 need to comply with federal reporting requirements.
   2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
 DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD  CARE  IN
 EACH  SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
 PARAGRAPH (A) OF SUBDIVISION FIVE 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 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  JUNE  FIRST,  TWO
 THOUSAND  TWENTY-FIVE.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 POST THE INFORMATION CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 3. This act shall take effect immediately.