§ 368-d. Reimbursement to public school districts and state
operated/state supported schools which operate pursuant to article
eighty-five, eighty-seven or eighty-eight of the education law.

1. The department of health shall review claims for expenditures made
by or on behalf of local public school districts, and state
operated/state supported schools which operate pursuant to article
eighty-five, eighty-seven or eighty-eight of the education law, for
medical care, services and supplies which are furnished to children with
handicapping conditions or such children suspected of having
handicapping conditions, as such children are defined in the education
law. If approved by the department, payment for such medical care,
services and supplies which would otherwise qualify for reimbursement
under this title and which are furnished in accordance with this title
and the regulations of the department to such children, shall be made in
accordance with the department's approved medical assistance fee
schedules by payment to such local public school district, and state
operated/state supported schools which operate pursuant to article
eighty-five, eighty-seven or eighty-eight of the education law, which
furnished the care, services or supplies either directly or by contract.

2. Claims for payment under this section shall be made in such form
and manner, at such times, and for such periods as the department may
require.

3. The provisions of this section shall be of no force and effect
unless all necessary approvals under federal law and regulation have
been obtained to receive federal financial participation in the costs of
health care services provided pursuant to this section.

4. The commissioner of health is authorized to contract with one or
more entities to conduct a study to determine actual direct and indirect
costs incurred by public school districts and state operated/state
supported schools which operate pursuant to article eighty-five,
eighty-seven or eighty-eight of the education law for medical care,
services and supplies, including related special education services and
special transportation, furnished to children with handicapping
conditions.

5. Notwithstanding any inconsistent provision of sections one hundred
twelve and one hundred sixty-three of the state finance law, or section
one hundred forty-two of the economic development law, or any other law,
the commissioner of health is authorized to enter into a contract or
contracts under subdivision four of this section without a competitive
bid or request for proposal process, provided, however, that:

(a) The department of health shall post on its website, for a period
of no less than thirty days:

(i) A description of the proposed services to be provided pursuant to
the contract or contracts;

(ii) The criteria for selection of a contractor or contractors;

(iii) The period of time during which a prospective contractor may
seek selection, which shall be no less than thirty days after such
information is first posted on the website; and

(iv) The manner by which a prospective contractor may seek such
selection, which may include submission by electronic means;

(b) All reasonable and responsive submissions that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner of health; and

(c) The commissioner of health shall select such contractor or
contractors that, in his or her discretion, are best suited to serve the
purposes of this section.

(d) Upon selection of a contractor or contractors, the department of
health shall provide written notification of such selection and a
summary of the criteria employed in such selection to the chair of the
senate finance committee and the chair of the assembly ways and means
committee.

6. The commissioner shall evaluate the results of the study conducted
pursuant to subdivision four of this section to determine, after
identification of actual direct and indirect costs incurred by public
school districts, whether it is advisable to claim federal reimbursement
for expenditures under this section as certified public expenditures. In
the event such claims are submitted, if federal reimbursement received
for certified public expenditures on behalf of medical assistance
recipients whose assistance and care are the responsibility of a social
services district results in a decrease in the state share of annual
expenditures pursuant to this section for such recipients, then to the
extent that the amount of any such decrease when combined with any
decrease in the state share of annual expenditures described in
subdivision five of section three hundred sixty-eight-e of this title
exceeds one hundred fifty million dollars for the period April 1, 2011
through March 31, 2013, or exceeds one hundred million dollars in state
fiscal years 2013-14 and 2014-15, the excess amount shall be transferred
to such public school districts in amounts proportional to their
percentage contribution to the statewide savings; an amount equal to
thirteen and five hundredths percent of any decrease in the state share
of annual expenditures pursuant to this section for such recipients in
state fiscal year 2015-16 and any fiscal year thereafter shall be
transferred to such public school districts in amounts proportional to
their percentage contribution to the statewide savings. Any amount
transferred pursuant to this section shall not be considered a revenue
received by such social services district in determining the district's
actual medical assistance expenditures for purposes of paragraph (b) of
section one of part C of chapter fifty-eight of the laws of two thousand
five.