Bill Text: NY S09464 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to an increase in the federal poverty level for purposes of the child care program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-30 - SIGNED CHAP.360 [S09464 Detail]
Download: New_York-2021-S09464-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9464--A IN SENATE May 30, 2022 ___________ Introduced by Sen. KRUEGER -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 53 of the laws of 2022, enacting the aid to localities budget, in relation to an increase in the federal poverty level for purposes of the child care program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of chapter 53 of the laws of 2022, enacting the 2 aid to localities budget, is amended by repealing the items hereinbelow 3 set forth in brackets and by adding to such section the other items 4 underscored in this section. 5 DEPARTMENT OF FAMILY ASSISTANCE 6 OFFICE OF CHILDREN AND FAMILY SERVICES 7 AID TO LOCALITIES 2022-23 8 CHILD CARE PROGRAM ......................................... 965,025,200 9 -------------- 10 General Fund 11 Local Assistance Account - 10000 12 Notwithstanding any inconsistent provision 13 of law, the funds appropriated herein 14 shall be available for transfer to the 15 federal health and human services fund, 16 local assistance account, federal day care 17 account to operate and support enrollment 18 in the child care facilitated enrollment 19 pilot program which expand access to child 20 care subsidies for working families who EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15985-02-2S. 9464--A 2 1 live or are employed in Manhattan, the 2 Bronx, Brooklyn, Staten Island and Queens 3 with income up to [275] 300 percent of the 4 federal poverty level as provided to the 5 Consortium for Worker Education to admin- 6 ister and to implement a plan approved by 7 the office of children and family 8 services. The administrative cost, includ- 9 ing the cost of the development of the 10 evaluation of the pilot program shall not 11 exceed ten percent of the funds available 12 for the purpose. The remaining portion of 13 the funds shall be allocated to the office 14 of children and family services to the 15 local social services district where the 16 recipient families reside as determined by 17 the project administrator based on 18 projected need and cost of providing child 19 care subsidies payment to working families 20 enrolled through the pilot initiative, 21 provided however the local social services 22 district shall not reimburse subsidy 23 payment in excess of the amount the subsi- 24 dy funding appropriated herein can support 25 and the applicable local social services 26 district shall not be required to approve 27 or pay for subsidies not funded herein. 28 Child care subsidies paid on behalf of 29 eligible families shall be reimbursed at 30 the actual cost of care up to the applica- 31 ble market rate for the district in which 32 the child care is provided and in accord- 33 ance with the fee schedule of the local 34 social services district making the subsi- 35 dy payment. Up to ten percent of funds 36 available for this purpose shall be made 37 available to the Consortium for Worker 38 Education, or other designated administra- 39 tor, to administer and to implement a plan 40 approved by the office of children and 41 family services for this pilot program. 42 This administrator shall prepare and 43 submit to the office of children and fami- 44 ly services, the chairs of the senate 45 committee on social services, the senate 46 committee on children and families, the 47 senate committee on labor, the chairs of 48 the assembly committee on children and 49 families, the assembly committee on social 50 services, and the assembly committee on 51 labor a report on the pilot program with 52 recommendations. Such report shall include 53 available information regarding the pilot 54 program or participants in the pilot 55 program, including but not limited to: the 56 number of income eligible children ofS. 9464--A 3 1 working parents with income greater than 2 200 percent but at or less than [275] 300 3 percent of the federal poverty level, the 4 ages of the children served by the 5 program, the number of families served by 6 the program who are in receipt of family 7 assistance, the factors that parents 8 considered when searching for child care, 9 the factors that barred the families' 10 access to child care assistance prior to 11 their enrollment in the facilitated 12 enrollment program, the number of families 13 who receive a child care subsidy pursuant 14 to this program who choose to use such 15 subsidy for regulated child care, and the 16 number of families who receive a child 17 care subsidy pursuant to this program who 18 choose to use such subsidy to receive 19 child care services provided by a legally 20 exempt provider. Such report shall be 21 submitted by the program administrator, on 22 or before November 1, 2022, provided that 23 if such report is not received by November 24 30, 2022, reimbursement for administrative 25 costs shall be either reduced or withheld, 26 and failure of an administrator to submit 27 a timely report may jeopardize such admin- 28 istrator's program from receiving funding 29 in future years. The administrator for 30 this pilot program shall submit bimonthly 31 reports to the office of children and 32 family services, the local social services 33 district, the administration for chil- 34 dren's services, and the legislature. Each 35 bi-monthly report shall provide without 36 benefit of personal identifying informa- 37 tion, the pilot program's current enroll- 38 ment level, amount of the child's subsidy, 39 co-payment levels, and any other informa- 40 tion as needed or required by the office 41 of children and family services. Further, 42 the office of children and family services 43 shall provide technical assistance to the 44 pilot program to assist with program 45 administration and timely coordination of 46 the bi-monthly claiming process. Notwith- 47 standing any other provision of law, this 48 pilot program maintained herein may be 49 terminated if the administrator for such 50 program mismanages such program, by engag- 51 ing in actions including but not limited 52 to, improper use of funds, providing for 53 child care subsidies in excess of the 54 amount the subsidy funding appropriated 55 herein can support, and failing to submitS. 9464--A 4 1 claims for reimbursement in a timely fash- 2 ion ............................................ 500,000 3 Notwithstanding any inconsistent provision 4 of law, the funds appropriated herein 5 shall be available for transfer to the 6 federal health and human services fund, 7 local assistance account, federal day care 8 account to operate and support enrollment 9 in the child care facilitated enrollment 10 pilot program which expand access to child 11 care subsidies for working families who 12 live or are employed in Onondaga County 13 with income up to [275] 300 percent of the 14 federal poverty level as provided to the 15 AFL-CIO Workforce Development Institute to 16 administer and to implement a plan 17 approved by the office of children and 18 family services. The administrative cost, 19 including the cost of the development of 20 the evaluation of the pilot program shall 21 not exceed ten percent of the funds avail- 22 able for the purpose. The remaining 23 portion of the funds shall be allocated to 24 the office of children and family services 25 to the local social services district 26 where the recipient families reside as 27 determined by the project administrator 28 based on projected need and cost of 29 providing child care subsidies payment to 30 working families enrolled through the 31 pilot initiative, provided however the 32 local social service district shall not 33 reimburse subsidy payment in excess of the 34 amount the subsidy funding appropriated 35 herein can support and the applicable 36 local social services district shall not 37 be required to approve or pay for subsi- 38 dies not funded herein. Child care subsi- 39 dies paid on behalf of eligible families 40 shall be reimbursed at the actual cost of 41 care up to the applicable market rate for 42 the district in which the child care is 43 provided and in accordance with the fee 44 schedule of the local social services 45 district making the subsidy payment. Up to 46 ten percent of funds available for this 47 purpose shall be made available to the 48 AFL-CIO Workforce Development Institute, 49 or other designated administrator, to 50 administer and to implement a plan 51 approved by the office of children and 52 family services for this pilot program. 53 This administrator shall prepare and 54 submit to the office of children and fami- 55 ly services, the chairs of the senate 56 committee on social services, the senateS. 9464--A 5 1 committee on children and families, the 2 senate committee on labor, the chairs of 3 the assembly committee on children and 4 families, the assembly committee on social 5 services, and the assembly committee on 6 labor a report on the pilot program with 7 recommendations. Such report shall include 8 available information regarding the pilot 9 program or participants in the pilot 10 program, including but not limited to: the 11 number of income eligible children of 12 working parents with income greater than 13 200 percent but at or less than [275] 300 14 percent of the federal poverty level, the 15 ages of the children served by the 16 program, the number of families served by 17 the program who are in receipt of family 18 assistance, the factors that parents 19 considered when searching for child care, 20 the factors that barred the families' 21 access to child care assistance prior to 22 their enrollment in the facilitated 23 enrollment program, the number of families 24 who receive a child care subsidy pursuant 25 to this program who choose to use such 26 subsidy for regulated child care, and the 27 number of families who receive a child 28 care subsidy pursuant to this program who 29 choose to use such subsidy to receive 30 child care services provided by a legally 31 exempt provider. Such report shall be 32 submitted by the program administrator, on 33 or before November 1, 2022, provided that 34 if such report is not received by November 35 30, 2022, reimbursement for administrative 36 costs shall be either reduced or withheld, 37 and failure of an administrator to submit 38 a timely report may jeopardize such admin- 39 istrator's program from receiving funding 40 in future years. The administrator for 41 this pilot program shall submit bimonthly 42 reports to the office of children and 43 family services, the local social services 44 district, the administration for chil- 45 dren's services, and the legislature. 46 Each bi-monthly report shall provide with- 47 out benefit of personal identifying infor- 48 mation, the pilot program's current 49 enrollment level, amount of the child's 50 subsidy, co-payment levels, and any other 51 information as needed or required by the 52 office of children and family services. 53 Further, the office of children and family 54 services shall provide technical assist- 55 ance to the pilot program to assist with 56 program administration and timely coordi-S. 9464--A 6 1 nation of the bi-monthly claiming process. 2 Notwithstanding any other provision of 3 law, this pilot program maintained herein 4 may be terminated if the administrator for 5 such program mismanages such program, by 6 engaging in actions including but not 7 limited to, improper use of funds, provid- 8 ing for child care subsidies in excess of 9 the amount the subsidy funding appropri- 10 ated herein can support, and failing to 11 submit claims for reimbursement in a time- 12 ly fashion ..................................... 500,000 13 Notwithstanding any inconsistent provision 14 of law, the funds appropriated herein 15 shall be available for transfer to the 16 federal health and human services fund, 17 local assistance account, federal day care 18 account to operate and support enrollment 19 in the child care facilitated enrollment 20 pilot program which expand access to child 21 care subsidies for working families who 22 live or are employed in Erie County with 23 income up to [275] 300 percent of the 24 federal poverty level as provided to the 25 AFL-CIO Workforce Development Institute to 26 administer and to implement a plan 27 approved by the office of children and 28 family services. The administrative cost, 29 including the cost of the development of 30 the evaluation of the pilot program shall 31 not exceed ten percent of the funds avail- 32 able for the purpose. The remaining 33 portion of the funds shall be allocated to 34 the office of children and family services 35 to the local social services district 36 where the recipient families reside as 37 determined by the project administrator 38 based on projected need and cost of 39 providing child care subsidies payment to 40 working families enrolled through the 41 pilot initiative, provided however the 42 local social services district shall not 43 reimburse subsidy payment in excess of the 44 amount the subsidy funding appropriated 45 herein can support and the applicable 46 local social services district shall not 47 be required to approve or pay for subsi- 48 dies not funded herein. Child care subsi- 49 dies paid on behalf of eligible families 50 shall be reimbursed at the actual cost of 51 care up to the applicable market rate for 52 the district in which the child care is 53 provided and in accordance with the fee 54 schedule of the local social services 55 district making the subsidy payment. Up to 56 ten percent of funds available for thisS. 9464--A 7 1 purpose shall be made available to the 2 AFL-CIO Workforce Development Institute, 3 or other designated administrator, to 4 administer and to implement a plan 5 approved by the office of children and 6 family services for this pilot program. 7 This administrator shall prepare and 8 submit to the office of children and fami- 9 ly services, the chairs of the senate 10 committee on social services, the senate 11 committee on children and families, the 12 senate committee on labor, the chairs of 13 the assembly committee on children and 14 families, the assembly committee on social 15 services, and the assembly committee on 16 labor a report on the pilot program with 17 recommendations. Such report shall include 18 available information regarding the pilot 19 program or participants in the pilot 20 program, including but not limited to: the 21 number of income eligible children of 22 working parents with income greater than 23 200 percent but at or less than [275] 300 24 percent of the federal poverty level, the 25 ages of the children served by the 26 program, the number of families served by 27 the program who are in receipt of family 28 assistance, the factors that parents 29 considered when searching for child care, 30 the factors that barred the families' 31 access to child care assistance prior to 32 their enrollment in the facilitated 33 enrollment program, the number of families 34 who receive a child care subsidy pursuant 35 to this program who choose to use such 36 subsidy for regulated child care, and the 37 number of families who receive a child 38 care subsidy pursuant to this program who 39 choose to use such subsidy to receive 40 child care services provided by a legally 41 exempt provider. Such report shall be 42 submitted by the program administrator, on 43 or before November 1, 2022, provided that 44 if such report is not received by November 45 30, 2022, reimbursement for administrative 46 costs shall be either reduced or withheld, 47 and failure of an administrator to submit 48 a timely report may jeopardize such admin- 49 istrator's program from receiving funding 50 in future years. The administrator for 51 this pilot program shall submit bimonthly 52 reports to the office of children and 53 family services, the local social services 54 district, the administration for chil- 55 dren's services, and the legislature. Each 56 bi-monthly report shall provide withoutS. 9464--A 8 1 benefit of personal identifying informa- 2 tion, the pilot program's current enroll- 3 ment level, amount of the child's subsidy, 4 co-payment levels, and any other informa- 5 tion as needed or required by the office 6 of children and family services. Further, 7 the office of children and family services 8 shall provide technical assistance to the 9 pilot program to assist with program 10 administration and timely coordination of 11 the bi-monthly claiming process. Notwith- 12 standing any other provision of law, this 13 pilot program maintained herein may be 14 terminated if the administrator for such 15 program mismanages such program, by engag- 16 ing in actions including but not limited 17 to, improper use of funds, providing for 18 child care subsidies in excess of the 19 amount the subsidy funding appropriated 20 herein can support, and failing to submit 21 claims for reimbursement in a timely fash- 22 ion ............................................ 500,000 23 Notwithstanding any inconsistent provision 24 of law, the funds appropriated herein 25 shall be available for transfer to the 26 federal health and human services fund, 27 local assistance account, federal day care 28 account to operate and support enrollment 29 in the child care facilitated enrollment 30 pilot program which expand access to child 31 care subsidies for working families who 32 live or are employed in Nassau County with 33 income up to [275] 300 percent of the 34 federal poverty level as provided to the 35 AFL-CIO Workforce Development Institute to 36 administer and to implement a plan 37 approved by the office of children and 38 family services. The administrative cost, 39 including the cost of the development of 40 the evaluation of the pilot program shall 41 not exceed ten percent of the funds avail- 42 able for the purpose. The remaining 43 portion of the funds shall be allocated to 44 the office of children and family services 45 to the local social services district 46 where the recipient families reside as 47 determined by the project administrator 48 based on projected need and cost of 49 providing child care subsidies payment to 50 working families enrolled through the 51 pilot initiative, provided however the 52 local social services district shall not 53 reimburse subsidy payment in excess of the 54 amount the subsidy funding appropriated 55 herein can support and the applicable 56 local social services district shall notS. 9464--A 9 1 be required to approve or pay for subsi- 2 dies not funded herein. Child care subsi- 3 dies paid on behalf of eligible families 4 shall be reimbursed at the actual cost of 5 care up to the applicable market rate for 6 the district in which the child care is 7 provided and in accordance with the fee 8 schedule of the local social services 9 district making the subsidy payment. Up to 10 ten percent of funds available for this 11 purpose shall be made available to the 12 AFL-CIO Workforce Development Institute, 13 or other designated administrator, to 14 administer and to implement a plan 15 approved by the office of children and 16 family services for this pilot program. 17 This administrator shall prepare and 18 submit to the office of children and fami- 19 ly services, the chairs of the senate 20 committee on social services, the senate 21 committee on children and families, the 22 senate committee on labor, the chairs of 23 the assembly committee on children and 24 families, the assembly committee on social 25 services, and the assembly committee on 26 labor a report on the pilot program with 27 recommendations. Such report shall include 28 available information regarding the pilot 29 program or participants in the pilot 30 program, including but not limited to: the 31 number of income eligible children of 32 working parents with income greater than 33 200 percent but at or less than [275] 300 34 percent of the federal poverty level, the 35 ages of the children served by the 36 program, the number of families served by 37 the program who are in receipt of family 38 assistance, the factors that parents 39 considered when searching for child care, 40 the factors that barred the families' 41 access to child care assistance prior to 42 their enrollment in the facilitated 43 enrollment program, the number of families 44 who receive a child care subsidy pursuant 45 to this program who choose to use such 46 subsidy for regulated child care, and the 47 number of families who receive a child 48 care subsidy pursuant to this program who 49 choose to use such subsidy to receive 50 child care services provided by a legally 51 exempt provider. Such report shall be 52 submitted by the program administrator, on 53 or before November 1, 2022, provided that 54 if such report is not received by November 55 30, 2022, reimbursement for administrative 56 costs shall be either reduced or withheld,S. 9464--A 10 1 and failure of an administrator to submit 2 a timely report may jeopardize such admin- 3 istrator's program from receiving funding 4 in future years. The administrator for 5 this pilot program shall submit bimonthly 6 reports to the office of children and 7 family services, the local social services 8 district, the administration for chil- 9 dren's services, and the legislature. Each 10 bi-monthly report shall provide without 11 benefit of personal identifying informa- 12 tion, the pilot program's current enroll- 13 ment level, amount of the child's subsidy, 14 co-payment levels, and any other informa- 15 tion as needed or required by the office 16 of children and family services. Further, 17 the office of children and family services 18 shall provide technical assistance to the 19 pilot program to assist with program 20 administration and timely coordination of 21 the bi-monthly claiming process. Notwith- 22 standing any other provision of law, this 23 pilot program maintained herein may be 24 terminated if the administrator for such 25 program mismanages such program, by engag- 26 ing in actions including but not limited 27 to, improper use of funds, providing for 28 child care subsidies in excess of the 29 amount the subsidy funding appropriated 30 herein can support, and failing to submit 31 claims for reimbursement in a timely fash- 32 ion .......................................... 1,500,000 33 Notwithstanding any inconsistent provision 34 of law, the funds appropriated herein 35 shall be available for transfer to the 36 federal health and human services fund, 37 local assistance account, federal day care 38 account to operate and support enrollment 39 in the child care facilitated enrollment 40 pilot program which expand access to child 41 care subsidies for working families who 42 live or are employed in Suffolk County 43 with income up to [275] 300 percent of the 44 federal poverty level as provided to the 45 AFL-CIO Workforce Development Institute to 46 administer and to implement a plan 47 approved by the office of children and 48 family services. The administrative cost, 49 including the cost of the development of 50 the evaluation of the pilot program shall 51 not exceed ten percent of the funds avail- 52 able for the purpose. The remaining 53 portion of the funds shall be allocated to 54 the office of children and family services 55 to the local social services district 56 where the recipient families reside asS. 9464--A 11 1 determined by the project administrator 2 based on projected need and cost of 3 providing child care subsidies payment to 4 working families enrolled through the 5 pilot initiative, provided however the 6 local social services district shall not 7 reimburse subsidy payment in excess of the 8 amount the subsidy funding appropriated 9 herein can support and the applicable 10 local social services district shall not 11 be required to approve or pay for subsi- 12 dies not funded herein. Child care subsi- 13 dies paid on behalf of eligible families 14 shall be reimbursed at the actual cost of 15 care up to the applicable market rate for 16 the district in which the child care is 17 provided and in accordance with the fee 18 schedule of the local social services 19 district making the subsidy payment. Up to 20 ten percent of funds available for this 21 purpose shall be made available to the 22 AFL-CIO Workforce Development Institute, 23 or other designated administrator, to 24 administer and to implement a plan 25 approved by the office of children and 26 family services for this pilot program. 27 This administrator shall prepare and 28 submit to the office of children and fami- 29 ly services, the chairs of the senate 30 committee on social services, the senate 31 committee on children and families, the 32 senate committee on labor, the chairs of 33 the assembly committee on children and 34 families, the assembly committee on social 35 services, and the assembly committee on 36 labor a report on the pilot program with 37 recommendations. Such report shall include 38 available information regarding the pilot 39 program or participants in the pilot 40 program, including but not limited to: the 41 number of income eligible children of 42 working parents with income greater than 43 200 percent but at or less than [275] 300 44 percent of the federal poverty level, the 45 ages of the children served by the 46 program, the number of families served by 47 the program who are in receipt of family 48 assistance, the factors that parents 49 considered when searching for child care, 50 the factors that barred the families' 51 access to child care assistance prior to 52 their enrollment in the facilitated 53 enrollment program, the number of families 54 who receive a child care subsidy pursuant 55 to this program who choose to use such 56 subsidy for regulated child care, and theS. 9464--A 12 1 number of families who receive a child 2 care subsidy pursuant to this program who 3 choose to use such subsidy to receive 4 child care services provided by a legally 5 exempt provider. Such report shall be 6 submitted by the program administrator, on 7 or before November 1, 2022, provided that 8 if such report is not received by November 9 30, 2022, reimbursement for administrative 10 costs shall be either reduced or withheld, 11 and failure of an administrator to submit 12 a timely report may jeopardize such admin- 13 istrator's program from receiving funding 14 in future years. The administrator for 15 this pilot program shall submit bimonthly 16 reports to the office of children and 17 family services, the local social services 18 district, the administration for chil- 19 dren's services, and the legislature. Each 20 bi-monthly report shall provide without 21 benefit of personal identifying informa- 22 tion, the pilot program's current enroll- 23 ment level, amount of the child's subsidy, 24 co-payment levels, and any other informa- 25 tion as needed or required by the office 26 of children and family services. Further, 27 the office of children and family services 28 shall provide technical assistance to the 29 pilot program to assist with program 30 administration and timely coordination of 31 the bi-monthly claiming process. Notwith- 32 standing any other provision of law, this 33 pilot program maintained herein may be 34 terminated if the administrator for such 35 program mismanages such program, by engag- 36 ing in actions including but not limited 37 to, improper use of funds, providing for 38 child care subsidies in excess of the 39 amount the subsidy funding appropriated 40 herein can support, and failing to submit 41 claims for reimbursement in a timely fash- 42 ion .......................................... 1,500,000 43 DEPARTMENT OF FAMILY ASSISTANCE 44 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE 45 AID TO LOCALITIES 2022-23 46 EMPLOYMENT AND INCOME SUPPORT PROGRAM .................... 5,186,541,000 47 -------------- 48 Special Revenue Funds - Federal 49 Federal Health and Human Services Fund 50 Temporary Assistance for Needy Families Account - 25178S. 9464--A 13 1 Notwithstanding any inconsistent provision 2 of law, the funds appropriated herein 3 shall be available for transfer to the 4 federal health and human services fund, 5 local assistance account, federal day care 6 account to continue operation of the 7 facilitated enrollment pilot program in 8 Capital Region-Oneida (consisting of Rens- 9 selaer, Schenectady, Saratoga, Albany and 10 Oneida counties) as provided to the NYS 11 AFL-CIO Workforce Development Institute to 12 act or continue to act as the administra- 13 tor to implement the program proposed by 14 the union child care coalition of the NYS 15 AFL-CIO and approved by the office of 16 children and family services. The adminis- 17 trative cost, including the cost of the 18 development of the evaluation of the pilot 19 program shall not exceed ten percent of 20 the funds available for this purpose. The 21 remaining portion of the funds shall be 22 allocated by the office of children and 23 family services to the local social 24 services districts where the recipient 25 families reside as determined by the 26 project administrator based on projected 27 need and cost of providing child care 28 subsidies payment to working families 29 enrolled through the pilot initiative, a 30 local social services district shall not 31 reimburse subsidy payments in excess of 32 the amount the subsidy funding appropri- 33 ated herein can support. Child care subsi- 34 dies paid on behalf of eligible families 35 shall be reimbursed at the actual cost of 36 care up to the applicable market rate for 37 the district in which child care is 38 provided and in accordance with the fee 39 schedule of the local social services 40 district making the subsidy payment. Up to 41 $254,900 shall be made available to the 42 NYS AFL-CIO Workforce Development Insti- 43 tute, or other designated administrator, 44 to administer and to implement a plan 45 approved by the office of children and 46 family services for this pilot program in 47 consultation with the advisory council. 48 This administrator shall prepare and submit 49 to the office of children and family 50 services, the chairs of the senate commit- 51 tee on social services, the senate commit- 52 tee on children and families, the senate 53 committee on labor, the chairs of the 54 assembly committee on children and fami- 55 lies, and the assembly committee on social 56 services, an evaluation of the pilot withS. 9464--A 14 1 recommendations. Such evaluation shall 2 include available information regarding 3 the pilot programs or participants in the 4 pilot programs, including but not limited 5 to: the number of income eligible children 6 of working parents with income greater 7 than 200 percent but at or less than [275] 8 300 percent of the federal poverty level, 9 the ages of the children served by the 10 project, the number of families served by 11 the project who are in receipt of family 12 assistance, the factors that parents 13 considered when searching for child care, 14 the factors that barred the families' 15 access to child care assistance prior to 16 their enrollment in the facilitated 17 enrollment program, the number of families 18 who receive a child care subsidy pursuant 19 to this program who choose to use such 20 subsidy for regulated child care, and the 21 number of families who receive a child 22 care subsidy pursuant to this program who 23 choose to use such subsidy to receive 24 child care services provided by a legally 25 exempt provider. Such report shall be 26 submitted by the applicable project admin- 27 istrator, on or before November 1, 2022, 28 provided that if such report is not 29 received by November 30, 2022, reimburse- 30 ment for administrative costs shall be 31 either reduced or withheld, and failure of 32 an administrator to submit a timely report 33 may jeopardize such administrator's 34 program from receiving funding in future 35 years. Child care subsidies paid on behalf 36 of eligible families shall be reimbursed 37 at the actual cost of care up to the 38 applicable market rate for the district in 39 which the child care is provided, in 40 accordance with the fee schedule of the 41 local social services district making the 42 subsidy payments. The administrator for 43 this pilot project is required to submit 44 bi-monthly reports on the fifteenth day of 45 every other month beginning on May 15, 46 2022 and bi-monthly thereafter that 47 provide current enrollment and information 48 including, but not limited to, the amount 49 of the approved subsidy level, the level 50 of co-payment by the local social services 51 district required for the participants in 52 the program, the program's adopted budget 53 reflecting all expenses including salaries 54 and other information as needed, to the 55 office of children and family services, 56 the chairs of the senate committee onS. 9464--A 15 1 social services, the senate committee on 2 children and families, the senate commit- 3 tee on labor, the chairs of the assembly 4 committee on children and families and the 5 assembly committee on social services, and 6 the local social services districts. 7 Provided however that if such bi-monthly 8 reports are not received from this Capital 9 Region-Oneida administrator, reimbursement 10 for administrative costs shall be either 11 reduced or withheld and failure of an 12 administrator to submit a timely report 13 may jeopardize such administrator's 14 program from receiving funding in future 15 years. The office of children and family 16 services shall provide technical assist- 17 ance to the pilot program to assist in 18 timely coordination with the monthly 19 claiming process. Notwithstanding any 20 other provision of law, this pilot program 21 maintained herein may be terminated if the 22 administrator for such program mismanages 23 such program, by engaging in actions 24 including but not limited to, improper use 25 of funds, providing for child care subsi- 26 dies in excess of the amount the subsidy 27 funding appropriated herein can support, 28 and failing to submit claims for 29 reimbursement in a timely fashion (52211) .... 2,549,000 30 Notwithstanding any inconsistent provision 31 of law, the funds appropriated herein, 32 shall be available for transfer to the 33 federal health and human services fund, 34 local assistance account, federal day care 35 account to operate and support enrollment 36 in the child care facilitated enrollment 37 pilot programs which expand access to 38 child care subsidies for working families 39 living or employed in the Liberty Zone, 40 the boroughs of Brooklyn, Queens, and 41 Bronx, and in the county of Monroe, with 42 income up to [275] 300 percent of the 43 federal poverty level. Of the amount 44 appropriated herein, $2,185,000 shall be 45 made available for Monroe county, and 46 $3,754,000 shall be made available for all 47 other projects. Up to $218,500 shall be 48 made available to the NYS AFL-CIO Work- 49 force Development Institute to administer 50 Monroe county's program and to implement a 51 plan approved by the office of children 52 and family services; and up to $375,400 53 shall be made available to the Consortium 54 for Worker Education, Inc., to administer 55 and to implement a plan approved by the 56 office of children and family services forS. 9464--A 16 1 the programs in the Liberty Zone, and the 2 boroughs of Brooklyn, Queens and Bronx. 3 Each pilot program administrator shall 4 prepare and submit to the office of chil- 5 dren and family services, the chairs of 6 the senate committee on children and fami- 7 lies and the senate committee on social 8 services, the chair of the assembly 9 committee on children and families, the 10 chair of the assembly committee on social 11 services, the chair of the senate commit- 12 tee on labor, and the chair of the assem- 13 bly committee on labor, a report on the 14 pilot with recommendations for continua- 15 tion or dissolution of the program 16 supported by appropriate documentation. 17 Such report shall include available, 18 information regarding the pilot programs 19 or participants in the pilot programs, 20 absent identifying information, including 21 but not limited to: the number of income- 22 eligible children of working parents with 23 income greater than 200 percent but at or 24 less than [275] 300 percent of the federal 25 poverty level; the ages of the children 26 served by the project, the number of fami- 27 lies who receive a child care subsidy 28 pursuant to this program who choose to use 29 such subsidy for regulated child care, and 30 the number of families who receive a child 31 care subsidy pursuant to this program who 32 choose to use such subsidy to receive 33 child care services provided by a legally 34 exempt provider. Such report shall be 35 submitted by the applicable project admin- 36 istrator, on or before November 1, 2022, 37 provided that if such report is not 38 received by November 1, 2022, reimburse- 39 ment for administrative costs shall be 40 either reduced or withheld, and failure of 41 an administrator to submit a timely report 42 may jeopardize such program's funding in 43 future years. Expenses related to the 44 development of the evaluation of the pilot 45 programs shall be paid from the pilot 46 program's administrative set-aside or 47 non-state funds. The remaining portion of 48 the project's funds shall be allocated by 49 the office of children and family services 50 to the local social services districts 51 where the recipient families reside as 52 determined by the project administrator 53 based on projected needs and cost of 54 providing child care subsidy payments to 55 working families enrolled in the child 56 care subsidy program through the pilotS. 9464--A 17 1 initiative, provided however that the 2 office of children and family services 3 shall not reimburse subsidy payments in 4 excess of the amount the subsidy funding 5 appropriated herein can support and the 6 applicable local social services district 7 shall not be required to approve or pay 8 for subsidies not funded herein. Child 9 care subsidies paid on behalf of eligible 10 families shall be reimbursed at the actual 11 cost of care up to the applicable market 12 rate for the district in which the child 13 care is provided, for subsidy payments in 14 accordance with the fee schedule of the 15 local social services district making the 16 subsidy payments. Pilot programs are 17 required to submit bi-monthly reports to 18 the office of children and family 19 services, the local social services 20 district, and for programs located in the 21 city of New York, the administration for 22 children's services, and the legislature. 23 Each bi-monthly report must provide with- 24 out benefit of personal identifying infor- 25 mation, the pilot program's current 26 enrollment level, amount of the child's 27 subsidy, co-payment levels and other 28 information as needed or required by the 29 office of children and family services. 30 Further, the office of children and family 31 services shall provide technical assist- 32 ance to the pilot program to assist with 33 project administration and timely coordi- 34 nation of the bi-monthly claiming process. 35 Notwithstanding any other provision of 36 law, any pilot programs maintained herein 37 may be terminated if the administrator for 38 such programs mismanages such programs, by 39 engaging in actions including but not 40 limited to, improper use of funds, provid- 41 ing for child care subsidies in excess of 42 the amount the subsidy funding appropri- 43 ated herein can support, and failing to 44 submit claims for reimbursement in a time- 45 ly fashion (52212) ........................... 5,939,000 46 § 2. This act shall take effect immediately and shall be deemed to 47 have been in full force and effect on and after April 1, 2022.
