N.Y. Social Services Law § 368-d: Reimbursement to public school districts and state operated/state supported schools which operate pursuant to article eighty-five, eighty...

§ 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.