STATE OF NEW YORK
________________________________________________________________________
1885
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. CLARK, HEVESI, SEAWRIGHT, GONZALEZ-ROJAS, THIELE,
JACKSON, SIMON, DAVILA, ZINERMAN, LUPARDO, KELLES, GALLAGHER, STIRPE,
McMAHON, MAGNARELLI, BRONSON, WALLACE -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to implementing a
cost estimation model for child care
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 410-x of the social services law is amended by
2 adding a new subdivision 5-a to read as follows:
3 5-a. (a) For each group for which the office of children and family
4 services determines a separate payment rate pursuant to subdivision four
5 of this section, and at the same frequency, such office shall utilize a
6 cost estimation model to determine the actual cost providers incur when
7 providing child care. The cost estimation model shall identify and take
8 into account cost drivers including but not limited to employee salary
9 and benefits, enrollment levels, facility costs and compliance with
10 statutory and regulatory requirements. Where a quality rating system or
11 any quality indicators are being utilized, the cost estimation model
12 shall also take into account the cost of providing services at each
13 level of quality.
14 (b) In developing such model the office of children and family
15 services shall consult with stakeholders including, but not limited to,
16 representatives of child care resource and referral agencies, child care
17 providers and any state advisory council established pursuant to 42
18 U.S.C.S. § 9831 et. seq., as amended. The cost estimation model shall be
19 statistically valid, using complete and current data and rigorous
20 collection methods.
21 § 2. Section 410-z of the social services law, as added by section 52
22 of part B of chapter 436 of the laws of 1997, is amended to read as
23 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04515-01-3
A. 1885 2
1 § 410-z. Reporting requirements. 1. Each social services district
2 shall collect and submit to the [department] office of children and
3 family services, in such form and at such times as specified by the
4 [department] office of children and family services, such data and
5 information regarding child care assistance provided under the block
6 grant as the [department] office of children and family services may
7 need to comply with federal reporting requirements.
8 2. The office of children and family services shall prepare a report
9 detailing the actual cost providers incur when providing child care in
10 each setting, as determined by the cost estimation model established in
11 paragraph (a) of subdivision five of section four hundred ten-x of this
12 title. The report shall detail cost data for each setting, age group,
13 care provided to children with special needs, and any other grouping for
14 which a separate cost estimation is conducted. Such data shall include:
15 (a) the level of quality care as determined by a quality rating system
16 or any quality indicators utilized by the state;
17 (b) a description of the major cost drivers for providing care; and
18 (c) a comparison of the costs of child care for each grouping to the
19 market rate determined by the office of children and family services
20 pursuant to subdivision four of section four hundred ten-x of this
21 title.
22 The report shall be submitted to the governor, the speaker of the
23 assembly and the temporary president of the senate by June first, two
24 thousand twenty-five. The office of children and family services shall
25 post the information contained in the report on its website.
26 § 3. This act shall take effect immediately.