S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3355
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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. 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:
   §  410-z.  Reporting  requirements.  1.  Each social services district
 shall collect and submit to the  [department]  OFFICE  OF  CHILDREN  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04515-01-3
              

 S. 3355                             2
 
 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.