N.Y. Social Services Law § 36-b: Local flexibility incentive pilot program

§ 36-b. Local flexibility incentive pilot program. 1. The

department, in cooperation with the department of labor, is authorized

to establish the local flexibility incentive pilot program to enable

social services districts or groups of social services districts, at

local option, to demonstrate innovations and efficiencies to aid public

assistance recipients in attaining self-sufficiency.

2. Upon application of a social services district, the department, in

cooperation with the department of labor, is authorized to approve

funding for pilot programs subject to the approval of the director of

the budget, separate from state aid that said social services district

or social services districts would otherwise be eligible to receive, and

to waive state regulations that would impede the successful completion

of a project, provided that the demonstration project is consistent with

applicable state and federal statutes and will not impair the general

health or welfare of the people receiving services under such project or

others receiving services in the applying social services district. The

department is authorized, in consultation with the department of labor

where appropriate to impose appropriate alternative standards in place

of any waived requirements.

3. Applications for pilot project approval shall include, but not be

limited to, the name of the applying social services district or group

of social services districts, the population, size of its

welfare-related programs including medical assistance, family

assistance, safety net assistance, emergency assistance to families or

its successor programs; size of the population to be subject to the

pilot project, the project proposed, with quantified cost savings and an

explanation of how such project, if approved, would result in cost

containment of the amounts described in the application or improvements

in the delivery of services and benefits; the start date and completion

date of the project; whether, if successful, the project would require

funding in future years; and identification, as necessary, of any rules,

regulations or statutory requirements that could impede the successful

completion of the project.

4. If a project is approved, then, notwithstanding any inconsistent

provision of law, the department shall provide funding of the project

within amounts available by appropriation therefor, provided that no

social services district or group of social services districts shall

receive more than twenty-five percent of the funds available in any

single year. No payment will be made until thirty days after the

agreement has been executed. An approved applicant that shall achieve

its cost-savings goal shall receive full reimbursement for the costs of

such project as such amount shall have been approved by the department

in cooperation with the department of labor. In no case shall the state

or any of its agencies require remission or repayment of funds saved by

any applicant. Reimbursement for successful applicants pursuant to the

provisions of this section shall not take place until the department

shall have been satisfied as to the savings levels actually achieved.

5. Each social services district or group of social services

districts implementing a pilot project under this section shall

establish an on-going program evaluation and assessment program

employing objective measurements and systematic analysis to determine

the manner and extent to which the project is achieving the intended

primary objective of the project. Each evaluation and assessment

program shall include an annual performance plan with goals which

establish target levels of performance expressed as tangible, measurable

objectives against which actual achievement can be compared, including a

goal expressed as a qualitative standard, value or rate. Each

participating social services district or group of social services

districts shall submit an annual program performance report for the

prior fiscal year to the department, the department of labor and to the

governor, the speaker of the assembly and the majority leader of the

senate documenting the performance achieved compared with the

performance goals established for the pilot project, improvements in the

quality of services provided and any cost savings; an explanation if a

performance goal was not met and an assessment of the effectiveness in

achieving performance goals.

6. Notwithstanding any provision of law to the contrary, state

reimbursement for expenditures made by a social services district for

administration of any project, including expenditures made in connection

with the development, if performed by a county employee or employees,

implementation and operation thereof, shall not be subject to any

limitations on administrative expenditures, ceilings or caps which

otherwise would apply to the reimbursement of such administrative

expenditures.