Bill Text: NY S07204 | 2023-2024 | General Assembly | Introduced
Bill Title: Directs the commissioner of the office of children and family services to establish a consumer directed childcare pilot program for eligible families, within amounts appropriated therefor, in up to five counties with populations between 160,000 and 300,000.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-16 - REPORTED AND COMMITTED TO SOCIAL SERVICES [S07204 Detail]
Download: New_York-2023-S07204-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7204 2023-2024 Regular Sessions IN SENATE May 18, 2023 ___________ Introduced by Sen. ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT in relation to directing the commissioner of the office of chil- dren and family services to establish a "Consumer Directed Childcare Pilot Program" in certain counties The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Consumer Directed Childcare Pilot Program established. The 2 commissioner of the office of children and family services is hereby 3 directed to establish a "Consumer Directed Childcare Pilot Program", 4 within amounts appropriated therefor, in up to five counties in accord- 5 ance with the provisions of this act. 6 § 2. Definitions. For the purposes of this act, the following terms 7 shall have the following meanings: 8 (a) "Commissioner" shall mean the commissioner of the office of chil- 9 dren and family services. 10 (b) "Childcare provider", or "provider", shall mean an individual who 11 has obtained an individual unique identifier from the commissioner to 12 provide childcare services to an eligible family or an eligible family's 13 designated representative in accordance with such family's or represen- 14 tative's instruction, supervision, and direction. 15 (c) "Eligible family" shall mean an individual who is a parent or 16 guardian of one or more minor children who: 17 (i) is not eligible for any state or federal funding or grant programs 18 for childcare services; 19 (ii) meets such financial guidelines as established by the commission- 20 er; and 21 (iii) meets such other criteria, as may be established by the commis- 22 sioner, which are necessary to effectively implement the objectives of 23 the program. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09150-01-3S. 7204 2 1 (d) "Program" shall mean the Consumer Directed Childcare Pilot Program 2 established by the commissioner pursuant to this act. 3 (e) "Office" shall mean the office of children and family services. 4 § 3. Administration. The program shall be administered by the local 5 social services district in counties having a population of not less 6 than one hundred sixty thousand and not more than three hundred thousand 7 persons according to the 2020 United States Census. Such social services 8 districts shall file an implementation plan with the commissioner, which 9 shall be updated annually. The office shall require that such implemen- 10 tation plans include, at a minimum, district enrollment targets and a 11 description of the methods for the provision of notice and assistance to 12 families who are eligible for enrollment in the program, and such other 13 information as may be required by the office. The office shall provide 14 guidance to such counties to ensure compliance and meet program goals. 15 The office shall also provide technical assistance and such other 16 assistance as may be necessary to assist such local social service 17 districts in ensuring access to the program for eligible families. 18 § 4. Division of responsibilities. (a) Each eligible family who elects 19 to participate in the program shall assume such responsibility for 20 services under the program as are mutually agreed to by the eligible 21 family and the childcare provider and documented in such eligible fami- 22 ly's record, including, but not limited to, the recruitment, hiring and 23 supervision of such childcare provider. 24 (b) An immediate family member or designated representative may not be 25 the childcare provider for the eligible family. However, a childcare 26 provider may include any other adult relative of the eligible family, 27 provided that the commissioner determines that the services provided by 28 such relative are consistent with the program requirements. 29 (c) A childcare provider shall not be liable for fulfillment of 30 responsibilities agreed to be undertaken by the eligible family. 31 § 5. Participating providers. Any agency or individual that meets the 32 qualifications required to provide childcare services and who elect to 33 provide such services to eligible families may participate in the 34 program. 35 § 6. Fiscal intermediary services. (a) The office shall contract with 36 fiscal intermediaries to perform the following services: 37 (i) wage and benefit processing for childcare providers; 38 (ii) processing income tax and other required wage withholdings; 39 (iii) compliance with workers' compensation, disability and unemploy- 40 ment requirements; 41 (iv) maintenance of personnel records for each consumer directed 42 childcare provider, including time records and other documentation need- 43 ed for wages and benefit processing and copies of such other documenta- 44 tion as may be required pursuant to regulations established by the 45 commissioner for such purpose; 46 (v) provision for the assessment of the health status of each consumer 47 directed childcare provider prior to delivery of services in accordance 48 with regulations established by the commissioner; 49 (vi) maintenance of records of service provider authorizations; 50 (vii) monitoring the eligible family's or, if applicable, the desig- 51 nated representative's continuing ability to fulfill such family's or 52 representative's responsibilities under the program, and promptly noti- 53 fying the authorizing entity of any circumstance that may affect the 54 eligible family's or, if applicable, the designated representative's 55 ability to fulfill such responsibilities;S. 7204 3 1 (viii) entering into an memorandum of understanding with the eligible 2 family and approved by the office that describes the parties' responsi- 3 bilities under the program; and 4 (ix) such other related responsibilities as may be determined by the 5 commissioner, which may include, assisting eligible families with the 6 performance of such eligible family's responsibilities under the program 7 in a manner that does not infringe upon the eligible family's responsi- 8 bilities and self-direction. 9 (b) A fiscal intermediary shall not be responsible for, and fiscal 10 intermediary services shall not include, fulfillment of the responsibil- 11 ities of the eligible family or, if applicable, the family's designated 12 representative as are established by the commissioner. A fiscal interme- 13 diary's responsibilities shall not include, and a fiscal intermediary 14 shall not engage in: 15 (i) the management of any services provided by childcare providers 16 pursuant to the program, including recruitment and hiring of childcare 17 providers; 18 (ii) the training, supervision and scheduling of childcare providers, 19 termination of a childcare provider's employment, or the provision of 20 any assurance or representation by the intermediary with respect to the 21 competence or safety of any childcare services performed pursuant to the 22 program. 23 (c) A fiscal intermediary shall exercise reasonable care in properly 24 carrying out its responsibilities under the program. 25 § 7. This act shall take immediately.
