S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7204
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen. ROLISON -- read twice and ordered printed, and when
   printed to be committed 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09150-01-3
 S. 7204                             2
              

 
   (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.
   §  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;
 S. 7204                             3
 
   (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
   (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.