N.Y. Social Services Law § 153: Reimbursement and advances by the state

§ 153. Reimbursement and advances by the state. 1. * Expenditures made

by social services districts, cities and towns for public assistance and

care and its administration, other than foster care services, pursuant

to this chapter and expenditures made by any Indian tribe for foster

care services, preventive services, and adoption services and its

administration rendered pursuant to an agreement entered into with the

office of children and family services in accordance with section

thirty-nine of this chapter and pursuant to this chapter, shall, if

approved by the department of family assistance, be subject to

reimbursement by the state, in accordance with the regulations of the

department, as follows:

* NB Effective until June 30, 2027

* Expenditures made by social services districts, cities and towns for

public assistance and care and its administration, pursuant to this

chapter and expenditures made by any Indian tribe for foster care

services, preventive services, and adoption services and its

administration rendered pursuant to an agreement entered into with the

department in accordance with section thirty-nine of this chapter and

pursuant to this chapter, shall, if approved by the department, be

subject to reimbursement by the state, in accordance with the

regulations of the department, as follows:

* NB Effective June 30, 2027

There shall be paid to each such district, city or town

a. the amount of federal funds, if any, properly received or to be

received on account of such expenditures;

d. fifty percentum of the amount expended for public assistance and

care, after first deducting therefrom any federal funds properly

received or to be received on account thereof;

e. fifty percentum of the amount expended for administration of public

assistance and care, after first deducting therefrom any federal funds

properly received or to be received on account thereof. The provisions

of this paragraph shall not be applicable to expenditures for

administration expressly provided for in paragraph f of this

subdivision;

f. the full amount expended by any district, city, town or Indian

tribe for the costs, including the costs of administration of public

assistance and care to eligible needy Indians and members of their

families residing on any Indian reservation in this state, after first

deducting therefrom any federal funds properly received or to be

received on account thereof.

(g) fifty per centum of the amount expended for substance abuse

services pursuant to this chapter, after first deducting therefrom any

federal funds properly received or to be received on account thereof. In

the event funds appropriated for such services are insufficient to

provide full reimbursement of the total of the amounts claimed by all

social services districts pursuant to this section then reimbursement

shall be in such proportion as each claim bears to such total.

2. (a) In the event that the federal government imposes fiscal

sanctions on the state because of non-compliance with federal law,

regulation, or policy relating to the temporary assistance for needy

families block grant, other than sanctions relating to maintenance of

effort spending requirements, the commissioner shall reduce federal

reimbursement to each social services district in an amount equal to the

portion of such fiscal sanction that the commissioner determines is

attributable to such district through review of relevant statewide and

district specific data or documentation. The commissioner shall make

such determination of district fault only to the extent that his or her

review identifies specific district actions or inactions that resulted

in the district's failure to meet the applicable federal requirement.

Such reduction in federal reimbursement shall be made without state

financial participation in resulting costs. To the extent that the

commissioner determines that he or she is unable to identify which

districts caused or contributed to such federal fiscal sanction, the

commissioner, subject to the approval of the director of the budget,

shall assign the reduction in federal reimbursement to all districts

proportionately based on allowable district expenditures under Title

IV-A of the federal social security act in the most recently completed

state fiscal year, and the state shall share equally with social

services districts in the cost increases resulting from such reduction

in federal reimbursement.

(b) In the event that the federal government imposes fiscal sanctions

on the state because of non-compliance with federal law, regulation, or

policy relating to maintenance of effort spending requirements under the

federal temporary assistance to needy families block grant, the

commissioner shall reduce federal reimbursement to each social services

district in an amount equal to the portion of such fiscal sanction that

the commissioner determines is attributable to such district through

review of relevant statewide and district specific data or

documentation. Cost increases resulting from such reduction in federal

reimbursement shall be shared equally by the state and each affected

social services district. To the extent that the commissioner determines

that he or she is unable to identify which districts caused or

contributed to such federal fiscal sanction, the commissioner, subject

to the approval of the director of the budget, shall assign the

reduction in federal reimbursement among all districts proportionately

based on each district's portion of the statewide maintenance of effort

spending requirement as determined by the commissioner, and the state

shall share equally with social services districts in the cost increases

resulting from such reduction in federal reimbursement.

(c) Notwithstanding any inconsistent provision of law, if a portion of

federal reimbursement otherwise payable is not available because of

application of the federal percentage limitation on administrative

expenses in the federal block grant for temporary assistance for needy

families program, the commissioner shall rank all social services

districts in descending order based on the percentage that federally

reimbursed administrative expenses in each district in the federal

fiscal year bears to all total expenditures eligible for federal

reimbursement under title IV-A of the federal social security act in the

respective district and shall reduce reimbursement payable to the

district that received the highest proportion of such federal

reimbursement until such reduction equals the lesser of the shortfall in

federal reimbursement or the amount which, if applied to federal

administrative reimbursement received in the federal fiscal year, would

equalize the proportion of such reimbursement received by such district

and that received by the next highest district or districts in the

commissioner's ranking. In the event that sufficient savings are not

achieved by such reduction in reimbursement to the highest ranked

district, then the commissioner shall continue to reduce the amount of

reimbursement for the highest and, as necessary, the sequentially ranked

district or districts such that such reductions, when applied in the

federal fiscal year, will equalize the proportion of federal

reimbursement for administration received by all such affected districts

and will equal an amount which, in aggregate, will be sufficient to

fully offset but not exceed the federal reimbursement shortfall.

Notwithstanding any provision of law to the contrary, reimbursement to a

social services district out of state and federal funds shall not be

made on administrative expenses which exceed fifteen percent of such

district's total expenditures reimbursable under the temporary

assistance for needy families block grant.

3. a. For the purpose of this title, expenditures for administration

of public assistance and care shall include expenditures for salaries of

the chief executive officers, their deputies and the employees of local

welfare departments; operation, maintenance and service costs; and such

other expenditures, such as equipment costs, depreciation charges, and

rental values as may be approved by the department. It shall not include

expenditures for capital additions or improvements, except as provided

in paragraph c of this subdivision.

b. State reimbursement shall not be made for any part of the salary of

a chief executive officer of a social services department, whose

qualifications do not conform to those fixed by the department or of a

city or town service officer; nor shall such reimbursement be made on

the salary of a deputy commissioner or an employee, unless his

employment is necessary for the administration of public assistance and

care and his qualifications conform to those fixed by the department.

c. Notwithstanding any inconsistent provision of law, the amount

expended by a social services district for the purpose of acquiring,

reconstructing, rehabilitating or improving any shelter for adults shall

be subject to state reimbursement in the amount of fifty percent of such

expenditure, in accordance with the regulations of the department, if

such shelter is operated by: (i) a social services district directly or

(ii) a social services district which has entered into a contract with a

not-for-profit corporation or charitable organization otherwise

established pursuant to law or a governmental entity or political

subdivision thereof for the purpose of operating such a shelter;

provided, however, that such capital acquisition, reconstruction,

rehabilitation or improvement has the approval of the department prior

to the commencement of such construction in accordance with regulations

promulgated by the department.

Such reimbursement may be paid out of any moneys in the state treasury

payable out of the local assistance account to the extent of the amount

appropriated to the department for such purposes, and the expenditure of

such amount shall constitute the complete liquidation of the state's

obligation to reimburse pursuant to this section.

4. For the purpose of this title, expenditures made by social services

districts, cities, towns and any Indian tribe that has entered into an

agreement with the department pursuant to section thirty-nine of this

chapter for the care and maintenance of neglected, abused, abandoned or

destitute children who have been remanded, discharged or committed

pursuant to the family court act of the state of New York shall, if

approved by the department, be subject to reimbursement by the state in

accordance with and to the extent authorized by the provisions of

subdivision one.

5. In the event the state elects to claim and receive federal aid

payments in accordance with the alternative formula authorized by the

provisions of section eleven hundred eighteen of the social security

act, for expenditures made under the state's approved plan for aid to

dependent children, a social services district shall, notwithstanding

such election, be entitled to receive as state reimbursement, in

accordance with and to the extent authorized by subdivision one, for its

approved monthly expenditures for aid to dependent children, the amount

it would have been entitled to receive if such election had not been

made, until the month the amount it would be entitled to receive as

state reimbursement for its approved expenditures for such program of

assistance for such month, as a result of such election, is equal to or

greater than such district would have been entitled to receive therefor

if such election had not been made by the state, any inconsistent

provision of law notwithstanding.

6. a. Claims for state reimbursement shall be made in such form and

manner and at such times and for such periods as the department shall

determine.

b. When certified by the department state reimbursement shall be paid

from the state treasury upon the audit and warrant of the comptroller

out of funds made available therefor.

c. When the monies allotted to the state by the federal security

agency, or other authorized federal agency, for aid to dependent

children for any quarter shall have been received by the department of

taxation and finance, the department shall, as soon as possible, certify

to the comptroller the amount to which each social services district is

entitled for such quarter and such amount shall be paid out of the state

treasury after audit by the comptroller to the respective social

services districts.

d. The department is authorized in its discretion to make advances to

public welfare districts and to cities and towns in anticipation of the

state reimbursement provided for in this section.

7. Payment of state reimbursement and advances shall be made to the

fiscal officer of the public welfare district or city entitled thereto

pursuant to the provisions of this chapter; and in counties where home

relief is a town charge, such payment as the towns therein shall be

entitled to shall be made to the fiscal officer of the county for the

account of and reimbursement to such towns, except in the case of a town

which is a public welfare district.

8. Any inconsistent provision of the law or regulation of the

department notwithstanding, state reimbursement shall not be made for

any expenditure made for the duplication of any grant and allowance for

any period, except as authorized by subdivision eleven of section one

hundred thirty-one of this chapter. Notwithstanding any other provision

of law, social services districts are not required to provide safety net

assistance to any person, otherwise eligible, if state reimbursement is

not available in accordance with this subdivision.

9. Any inconsistent provision of this chapter or other law

notwithstanding, any loss of federal funds assessed by the department of

health, education and welfare against the state by reason of the failure

of one or more social services districts to comply either with paragraph

(e) of subdivision one of section three hundred fifty and paragraph (c)

of subdivision four of section three hundred sixty-five-a relating to

family planning services for eligible individuals or with paragraph (g)

of subdivision one of section three hundred fifty relating to child

health screening and resulting treatment, shall be charged to and borne

by the social services districts responsible for such loss. Each such

district shall bear only so much of any such loss as is attributable to

its failure so to comply. The amount to be borne by a district shall be

determined by applying the ratio that the number of cases in which it

failed to comply with either family planning or child health screening

and treatment requirements, or both, bears to the total number of cases

in the state in which there were failures to comply with either such

requirement, or both, as the case may be. A district shall have an

opportunity to be heard before the department's final determination to

impose such an assessment.

* 10. Expenditures made by a social services district for the

maintenance of children with disabilities, placed by school districts,

pursuant to section forty-four hundred five of the education law shall,

if approved by the office of children and family services, be subject to

fifty-six and eight hundred forty-eight thousandths percent

reimbursement by the school district, in accordance with paragraph c of

subdivision one of section forty-four hundred five of the education law,

after first deducting therefrom any federal funds received or to be

received on account of such expenditures, except that in the case of a

student attending a state-operated school for the deaf or blind pursuant

to article eighty-seven or eighty-eight of the education law who was not

placed in such school by a school district such expenditures shall be

subject to fifty percent reimbursement by the school district after

first deducting therefrom any federal funds received or to be received

on account of such expenditures. Such expenditures shall not be subject

to the limitations on state reimbursement contained in subdivision two

of section one hundred fifty-three-k of this title. In the event of the

failure of the school district to make the maintenance payment pursuant

to the provisions of this subdivision, the state comptroller shall

withhold state reimbursement to any such school district in an amount

equal to the unpaid obligation for maintenance and pay over such sum to

the social services district upon certification of the commissioner of

the office of children and family services and the commissioner of

education that such funds are overdue and owed by such school district.

The commissioner of the office of children and family services, in

consultation with the commissioner of education, shall promulgate

regulations to implement the provisions of this subdivision.

* NB Effective until April 1, 2027

* 10. Expenditures made by a social services district for the

maintenance of children with disabilities, placed by school districts,

pursuant to section forty-four hundred five of the education law shall,

if approved by the office of children and family services, be subject to

eighteen and four hundred twenty-four thousandths percent reimbursement

by the state and thirty-eight and four hundred twenty-four thousandths

percent reimbursement by school districts, except for social services

districts located within a city with a population of one million or

more, where such expenditures shall be subject to fifty-six and eight

hundred forty-eight thousandths percent reimbursement by the school

district, in accordance with paragraph c of subdivision one of section

forty-four hundred five of the education law, after first deducting

therefrom any federal funds received or to be received on account of

such expenditures, except that in the case of a student attending a

state-operated school for the deaf or blind pursuant to article

eighty-seven or eighty-eight of the education law who was not placed in

such school by a school district such expenditures shall be subject to

fifty percent reimbursement by the state after first deducting therefrom

any federal funds received or to be received on account of such

expenditures and there shall be no reimbursement by school districts.

Such expenditures shall not be subject to the limitations on state

reimbursement contained in subdivision two of section one hundred

fifty-three-k of this title. In the event of the failure of the school

district to make the maintenance payment pursuant to the provisions of

this subdivision, the state comptroller shall withhold state

reimbursement to any such school district in an amount equal to the

unpaid obligation for maintenance and pay over such sum to the social

services district upon certification of the commissioner of the office

of children and family services and the commissioner of education that

such funds are overdue and owed by such school district. The

commissioner of the office of children and family services, in

consultation with the commissioner of education, shall promulgate

regulations to implement the provisions of this subdivision.

* NB Effective April 1, 2027 until June 30, 2027

* 10. Expenditures made by a social services district for the

maintenance of handicapped children, placed by school districts,

pursuant to section forty-four hundred five of the education law shall,

if approved by the department, be subject to fifty percent reimbursement

by the state, after first deducting therefrom any federal funds received

or to be received on account of such expenditure. Such expenditures

shall not be subject to the limitations on state reimbursement contained

in sections one hundred fifty-three-d or one hundred fifty-three-e of

this chapter.

* NB Effective June 30, 2027

* 11. Expenditures made by a social services district for approved

tuition costs pursuant to section four thousand four of the education

law, after first deducting therefrom any federal funds received or to be

received on account thereof, for a child placed in a child care

institution by a social services district, the office of children and

family services or family court shall be subject to reimbursement by the

state in accordance with subdivision two of section one hundred

fifty-three-k of this title and article nineteen-G of the executive law,

as applicable; provided, however, that the amount that a school district

reimburses the state for its expenditure for such children pursuant to

section four thousand four of the education law shall be credited to

each applicable social services district.

* NB Effective until June 30, 2027

* 11. Expenditures made by a social services district for approved

tuition costs of certain children pursuant to section four thousand four

of the education law, after first deducting therefrom any federal funds

received or to be received on account thereof, shall be subject to fifty

percent reimbursement by the state; provided, however, that the amount

that a school district reimburses the state for its expenditure for such

children pursuant to section four thousand four of the education law

shall be credited to each applicable social services district.

* NB Effective June 30, 2027

* 12. Expenditures made by a social services district for the

detention in foster care facilities or certified or approved family

boarding homes of a person alleged to be or adjudicated as a person in

need of supervision, pursuant to article seven of the family court act,

shall be subject to reimbursement by the state in accordance with the

provisions of section five hundred thirty of the executive law. The care

of such person shall not be required to comply with the requirements of

sections four hundred nine-e and four hundred nine-f of this chapter.

* NB Effective until June 30, 2027

* 12. Expenditures made by a social services district for the

detention in foster care facilities of a person alleged to be or

adjudicated as a person in need of supervision, pursuant to article

seven of the family court act, shall be subject to reimbursement by the

state in accordance with the provisions of section five hundred thirty

of the executive law. The care of such person shall not be required to

comply with the requirements of sections four hundred nine-e and four

hundred nine-f, nor be subject to the provisions of section one hundred

fifty-three-d or three hundred ninety-eight-b of this chapter.

* NB Effective June 30, 2027

15. Notwithstanding the provisions of this section or any other law to

the contrary, expenditures made by a social services district for

brokers' fees, finders' fees or security deposits paid pursuant to this

chapter shall be subject to twenty-five percent reimbursement, after

first deducting therefrom any federal funds received or to be received

on account thereof.

16. Notwithstanding any inconsistent provisions of this section, and

subject to the amounts specifically appropriated therefor, social

services districts which have implemented child assistance program

pursuant to section one hundred thirty-one-z of this article shall be

reimbursed by the department for administrative expenses for the

implementation and operation of the program as approved by the

department in accordance with the following schedule after first

deducting any federal reimbursement received therefor: for the fiscal

year beginning April first, nineteen hundred ninety-seven, one hundred

percent; for the fiscal year beginning April first, nineteen hundred

ninety-eight, ninety percent; for the fiscal year beginning April first,

nineteen hundred ninety-nine, eighty percent; for the fiscal year

beginning April first, two thousand, seventy percent; for the fiscal

year beginning April first, two thousand one, sixty percent and for each

fiscal year thereafter, fifty percent.

17. From an amount specifically appropriated therefor, the

commissioner of the office of temporary and disability assistance shall

provide additional enhanced reimbursement for administration of income

maintenance, food stamps, and employment programs to social services

districts which meet the work participation rates set forth in

subdivision seven of section three hundred thirty-five-b of this

chapter. The amount of reimbursement available to each social services

district shall be established by the commissioner of the office of

temporary and disability assistance with the approval of the director of

the budget. Separate amounts of reimbursement shall be available to a

social services district for meeting each of the following categories:

for households receiving assistance funded under the federal temporary

assistance for needy families block grant program in which there is an

adult or minor head of household; and for households with dependent

children in which there is an adult or minor head of household and which

is receiving safety net assistance and payment for which is used to meet

the federally required maintenance of effort for the temporary

assistance for needy families block grant. The office of temporary and

disability assistance may advance reimbursement that would be available

for full compliance and may recover any amounts unearned by the district

by withholding any other reimbursement due from the state to the social

services district.