S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9404
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT in relation to directing the commissioner of the office of chil-
   dren and family services to establish a "Consumer  Directed  Childcare
   Pilot Program" in certain counties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Consumer Directed Childcare Pilot Program established.  The
 commissioner  of  the  office  of children and family services is hereby
 directed to establish a "Consumer  Directed  Childcare  Pilot  Program",
 within  amounts appropriated therefor, in up to five counties in accord-
 ance with the provisions of this act.
   § 2. Definitions. For the purposes of this act,  the  following  terms
 shall have the following meanings:
   (a)  "Commissioner" shall mean the commissioner of the office of chil-
 dren and family services.
   (b) "Childcare provider", or "provider", shall mean an individual  who
 has  obtained  an  individual unique identifier from the commissioner to
 provide childcare services to an eligible family or an eligible family's
 designated representative in accordance with such family's or  represen-
 tative's instruction, supervision, and direction.
   (c)  "Eligible  family"  shall  mean  an individual who is a parent or
 guardian of one or more minor children who:
   (i) is not eligible for any state or federal funding or grant programs
 for childcare services;
   (ii) meets such financial guidelines as established by the commission-
 er; and
   (iii) meets such other criteria, as may be established by the  commis-
 sioner,  which  are necessary to effectively implement the objectives of
 the program.
   (d) "Program" shall mean the Consumer Directed Childcare Pilot Program
 established by the commissioner pursuant to this act.
   (e) "Office" shall mean the office of children and family services.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09150-01-3
              

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   § 3. Administration. The program shall be administered  by  the  local
 social  services  district  in  counties having a population of not less
 than one hundred sixty thousand and not more than three hundred thousand
 persons according to the 2020 United States Census. Such social services
 districts shall file an implementation plan with the commissioner, which
 shall  be updated annually. The office shall require that such implemen-
 tation plans include, at a minimum, district enrollment  targets  and  a
 description of the methods for the provision of notice and assistance to
 families  who are eligible for enrollment in the program, and such other
 information as may be required by the office. The office  shall  provide
 guidance  to  such counties to ensure compliance and meet program goals.
 The office shall  also  provide  technical  assistance  and  such  other
 assistance  as  may  be  necessary  to  assist such local social service
 districts in ensuring access to the program for eligible families.
   § 4. Division of responsibilities. (a) Each eligible family who elects
 to participate in the  program  shall  assume  such  responsibility  for
 services  under  the  program  as are mutually agreed to by the eligible
 family and the childcare provider and documented in such eligible  fami-
 ly's  record, including, but not limited to, the recruitment, hiring and
 supervision of such childcare provider.
   (b) An immediate family member or designated representative may not be
 the childcare provider for the eligible  family.  However,  a  childcare
 provider  may  include  any other adult relative of the eligible family,
 provided that the commissioner determines that the services provided  by
 such relative are consistent with the program requirements.
   (c)  A  childcare  provider  shall  not  be  liable for fulfillment of
 responsibilities agreed to be undertaken by the eligible family.
   § 5. Participating providers. Any agency or individual that meets  the
 qualifications  required  to provide childcare services and who elect to
 provide such services  to  eligible  families  may  participate  in  the
 program.
   §  6. Fiscal intermediary services. (a) The office shall contract with
 fiscal intermediaries to perform the following services:
   (i) wage and benefit processing for childcare providers;
   (ii) processing income tax and other required wage withholdings;
   (iii) compliance with workers' compensation, disability and  unemploy-
 ment requirements;
   (iv)  maintenance  of  personnel  records  for  each consumer directed
 childcare provider, including time records and other documentation need-
 ed for wages and benefit processing and copies of such other  documenta-
 tion  as  may  be  required  pursuant  to regulations established by the
 commissioner for such purpose;
   (v) provision for the assessment of the health status of each consumer
 directed childcare provider prior to delivery of services in  accordance
 with regulations established by the commissioner;
   (vi) maintenance of records of service provider authorizations;
   (vii)  monitoring  the eligible family's or, if applicable, the desig-
 nated representative's continuing ability to fulfill  such  family's  or
 representative's  responsibilities under the program, and promptly noti-
 fying the authorizing entity of any circumstance  that  may  affect  the
 eligible  family's  or,  if  applicable, the designated representative's
 ability to fulfill such responsibilities;
   (viii) entering into an memorandum of understanding with the  eligible
 family  and approved by the office that describes the parties' responsi-
 bilities under the program; and
 A. 9404                             3
 
   (ix) such other related responsibilities as may be determined  by  the
 commissioner,  which  may  include, assisting eligible families with the
 performance of such eligible family's responsibilities under the program
 in a manner that does not infringe upon the eligible family's  responsi-
 bilities and self-direction.
   (b)  A  fiscal  intermediary  shall not be responsible for, and fiscal
 intermediary services shall not include, fulfillment of the responsibil-
 ities of the eligible family or, if applicable, the family's  designated
 representative as are established by the commissioner. A fiscal interme-
 diary's  responsibilities  shall  not include, and a fiscal intermediary
 shall not engage in:
   (i) the management of any services  provided  by  childcare  providers
 pursuant  to  the program, including recruitment and hiring of childcare
 providers;
   (ii) the training, supervision and scheduling of childcare  providers,
 termination  of  a  childcare provider's employment, or the provision of
 any assurance or representation by the intermediary with respect to  the
 competence or safety of any childcare services performed pursuant to the
 program.
   (c)  A  fiscal intermediary shall exercise reasonable care in properly
 carrying out its responsibilities under the program.
   § 7. This act shall take immediately.