Bill Text: NY S07188 | 2021-2022 | General Assembly | Introduced
Bill Title: Amends the aid to localities budget relating to funding for the child care facilitated enrollment program to direct administration of such program by the NYS AFL-CIO Workforce Development Institute.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-07 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07188 Detail]
Download: New_York-2021-S07188-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7188 2021-2022 Regular Sessions IN SENATE June 4, 2021 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend chapter 53 of the laws of 2021, enacting the aid to localities budget, in relation to funding for the child care facili- tated enrollment 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 2021, enacting the 2 aid to localities budget, is amended by repealing the items herein below 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 2021-22 8 CHILD CARE PROGRAM ....................................... 3,289,971,200 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11765-01-1S. 7188 2 1 care subsidies for working families who 2 live or are employed in Onondaga County 3 with income up to 275 percent of the 4 federal poverty level as provided to the 5 [Consortium for Worker Education] NYS 6 AFL-CIO Workforce Development Institute to 7 administer and to implement a plan 8 approved by the office of children and 9 family services. The administrative cost, 10 including the cost of the development of 11 the evaluation of the pilot program shall 12 not exceed ten percent of the funds avail- 13 able for the purpose. The remaining 14 portion of the funds shall be allocated to 15 the office of children and family services 16 to the local social services district 17 where the recipient families reside as 18 determined by the project administrator 19 based on projected need and cost of 20 providing child care subsidies payment to 21 working families enrolled through the 22 pilot initiative, provided however the 23 local social services district shall not 24 reimburse subsidy payment in excess of the 25 amount the subsidy funding appropriated 26 herein can support and the applicable 27 local social services district shall not 28 be required to approve or pay for subsi- 29 dies not funded herein. Child care subsi- 30 dies paid on behalf of eligible families 31 shall be reimbursed at the actual cost of 32 care up to the applicable market rate for 33 the district in which the child care is 34 provided and in accordance with the fee 35 schedule of the local social services 36 district making the subsidy payment. Up to 37 ten percent of funds available for this 38 purpose shall be made available to the 39 [Consortium for Worker Education] NYS 40 AFL-CIO Workforce Development Institute, 41 or other designated administrator, to 42 administer and to implement a plan 43 approved by the office of children and 44 family services for this pilot program. 45 This administrator shall prepare and 46 submit to the office of children and fami- 47 ly services, the chairs of the senate 48 committee on social services, the senate 49 committee on children and families, the 50 senate committee on labor, the chairs of 51 the assembly committee on children and 52 families, the assembly committee on social 53 services, and the assembly committee on 54 labor a report on the pilot program with 55 recommendations. Such report shall include 56 available information regarding the pilotS. 7188 3 1 program or participants in the pilot 2 program, including but not limited to: the 3 number of income eligible children of 4 working parents with income greater than 5 200 percent but at or less than 275 6 percent of the federal poverty level, the 7 ages of the children served by the 8 program, the number of families served by 9 the program who are in receipt of family 10 assistance, the factors that parents 11 considered when searching for child care, 12 the factors that barred the families' 13 access to child care assistance prior to 14 their enrollment in the facilitated 15 enrollment program, the number of families 16 who receive a child care subsidy pursuant 17 to this program who choose to use such 18 subsidy for regulated child care, and the 19 number of families who receive a child 20 care subsidy pursuant to this program who 21 choose to use such subsidy to receive 22 child care services provided by a legally 23 exempt provider. Such report shall be 24 submitted by the program administrator, on 25 or before November 1, 2021, provided that 26 if such report is not received by November 27 30, 2021, reimbursement for administrative 28 costs shall be either reduced or withheld, 29 and failure of an administrator to submit 30 a timely report may jeopardize such admin- 31 istrator's program from receiving funding 32 in future years. The administrator for 33 this pilot program shall submit bimonthly 34 reports to the office of children and 35 family services, the local social services 36 district, the administration for chil- 37 dren's services, and the legislature. Each 38 bi-monthly report shall provide without 39 benefit of personal identifying informa- 40 tion, the pilot program's current enroll- 41 ment level, amount of the child's subsidy, 42 co-payment levels, and any other informa- 43 tion as needed or required by the office 44 of children and family services. Further, 45 the office of children and family services 46 shall provide technical assistance to the 47 pilot program to assist with program 48 administration and timely coordination of 49 the bi-monthly claiming process. Notwith- 50 standing any other provision of law, this 51 pilot program maintained herein may be 52 terminated if the administrator for such 53 program mismanages such program, by engag- 54 ing in actions including but not limited 55 to, improper use of funds, providing for 56 child care subsidies in excess of theS. 7188 4 1 amount the subsidy funding appropriated 2 herein can support, and failing to submit 3 claims for reimbursement in a timely fash- 4 ion ............................................ 500,000 5 Notwithstanding any inconsistent provision 6 of law, the funds appropriated herein 7 shall be available for transfer to the 8 federal health and human services fund, 9 local assistance account, federal day care 10 account to operate and support enrollment 11 in the child care facilitated enrollment 12 pilot program which expand access to child 13 care subsidies for working families who 14 live or are employed in Erie County with 15 income up to 275 percent of the federal 16 poverty level as provided to the [Consor-17tium for Worker Education] NYS AFL-CIO 18 Workforce Development Institute to admin- 19 ister and to implement a plan approved by 20 the office of children and family 21 services. The administrative cost, includ- 22 ing the cost of the development of the 23 evaluation of the pilot program shall not 24 exceed ten percent of the funds available 25 for the purpose. The remaining portion of 26 the funds shall be allocated to the office 27 of children and family services to the 28 local social services district where the 29 recipient families reside as determined by 30 the project administrator based on 31 projected need and cost of providing child 32 care subsidies payment to working families 33 enrolled through the pilot initiative, 34 provided however the local social services 35 district shall not reimburse subsidy 36 payment in excess of the amount the subsi- 37 dy funding appropriated herein can support 38 and the applicable local social services 39 district shall not be required to approve 40 or pay for subsidies not funded herein. 41 Child care subsidies paid on behalf of 42 eligible families shall be reimbursed at 43 the actual cost of care up to the applica- 44 ble market rate for the district in which 45 the child care is provided and in accord- 46 ance with the fee schedule of the local 47 social services district making the subsi- 48 dy payment. Up to ten percent of funds 49 available for this purpose shall be made 50 available to the [Consortium for Worker51Education] NYS AFL-CIO Workforce Develop- 52 ment Institute, or other designated admin- 53 istrator, to administer and to implement a 54 plan approved by the office of children 55 and family services for this pilot 56 program. This administrator shall prepareS. 7188 5 1 and submit to the office of children and 2 family services, the chairs of the senate 3 committee on social services, the senate 4 committee on children and families, the 5 senate committee on labor, the chairs of 6 the assembly committee on children and 7 families, the assembly committee on social 8 services, and the assembly committee on 9 labor a report on the pilot program with 10 recommendations. Such report shall include 11 available information regarding the pilot 12 program or participants in the pilot 13 program, including but not limited to: the 14 number of income eligible children of 15 working parents with income greater than 16 200 percent but at or less than 275 17 percent of the federal poverty level, the 18 ages of the children served by the 19 program, the number of families served by 20 the program who are in receipt of family 21 assistance, the factors that parents 22 considered when searching for child care, 23 the factors that barred the families' 24 access to child care assistance prior to 25 their enrollment in the facilitated 26 enrollment program, the number of families 27 who receive a child care subsidy pursuant 28 to this program who choose to use such 29 subsidy for regulated child care, and the 30 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 program administrator, on 36 or before November 1, 2021, provided that 37 if such report is not received by November 38 30, 2021, reimbursement for administrative 39 costs shall be either reduced or withheld, 40 and failure of an administrator to submit 41 a timely report may jeopardize such admin- 42 istrator's program from receiving funding 43 in future years. The administrator for 44 this pilot program shall submit bimonthly 45 reports to the office of children and 46 family services, the local social services 47 district, the administration for chil- 48 dren's services, and the legislature. Each 49 bi-monthly report shall provide without 50 benefit of personal identifying informa- 51 tion, the pilot program's current enroll- 52 ment level, amount of the child's subsidy, 53 co-payment levels, and any other informa- 54 tion as needed or required by the office 55 of children and family services. Further, 56 the office of children and family servicesS. 7188 6 1 shall provide technical assistance to the 2 pilot program to assist with program 3 administration and timely coordination of 4 the bi-monthly claiming process. Notwith- 5 standing any other provision of law, this 6 pilot program maintained herein may be 7 terminated if the administrator for such 8 program mismanages such program, by engag- 9 ing in actions including but not limited 10 to, improper use of funds, providing for 11 child care subsidies in excess of the 12 amount the subsidy funding appropriated 13 herein can support, and failing to submit 14 claims for reimbursement in a timely fash- 15 ion ............................................ 500,000 16 § 2. This act shall take effect immediately and shall be deemed to 17 have been in full force and effect on and after April 1, 2021.
