Amend subparagraphs (ii) and (iii) of paragraph (2) of subdivision (c) of section 401.3 of Title 18 NYCRR to read as follows:

(ii) the location of site(s) where individuals may apply for services; and

(iii) an indication of the extent of use of volunteers, their functions and how their involvement will be coordinated [; and].

Repeal subparagraph (iv) of paragraph (2) of subdivision (c) of section 401.3 of Title 18 NYCRR.

Amend subparagraph (ii) of paragraph (3) of subdivision (c) of section 401.3 of Title 18 NYCRR to read as follows:

(ii) public and private organizations[, including the social services district local advisory council,] consulted or to be consulted; and

Repeal paragraph (2) of subdivision (g) of section 407.5 of Title 18 NYCRR.

Renumber paragraph (3) of subdivision (g) of section 407.5 of Title 18 NYCRR as paragraph (2) of that subdivision.

Amend section 407.10 of Title 18 NYCRR to read as follows:

§ 407.10 Amendments to the plan.

A social services district may propose amendments to the plan at any time. If a reduction in services, a change in eligibility, or a change in fees is proposed, the amendment must be published for public comment [and be presented to the local advisory council for review,] prior to submission to the department. If an amendment is approved by the department, it becomes effective on the date so designated by the commissioner.

1. Statutory authority:

Social Services Law (SSL) § 20(2)(b) authorizes the Department of Family Assistance (DFA), comprised of the Office of Temporary and Disability Assistance (OTDA) and the Office of Children and Family Services (OCFS), to supervise all social services work, which may be administered by social services districts and the officials thereof within the State, and to advise the social services districts in the performance of their official duties.

SSL § 20(3)(d) authorizes the DFA to promulgate regulations to carry out its powers and duties.

SSL § 34(3)(f) requires the Commissioners of OTDA and OCFS to establish regulations for the administration of public assistance and care within the State, both by the State itself and by the social services districts.

2. Legislative objectives:

It was the intent of the Legislature in enacting the above statutes that the offices comprising the DFA establish rules to assist the social services districts in administering public assistance and care to those persons who are unable to provide for themselves. The proposed rule will reduce unnecessary administrative burdens on social services districts.

3. Needs and benefits:

Part 341 of Title 18 NYCRR establishes local advisory councils to be involved, in an advisory capacity only, in the policy development, the program planning and the program evaluation carried on by their social services districts with respect to public assistance, medical assistance and services. The current regulations require that each local advisory council consist of a minimum of 20 members and be composed of the following persons: recipients of public assistance, medical assistance and services – at least 25 percent; providers of social services, medical services and domiciliary care; and members of the general public. The commissioners of the social services districts have administrative responsibility for appointing the members of the local advisory council consistent with regulatory requirements, for organizing the meetings of the local advisory councils on a regular basis, and for activities associated with the local advisory councils including the preparation of agendas, minutes and reports. Furthermore, the commissioners of the social services districts are authorized to reimburse necessary expenses incurred by members of the local advisory council in the performance of their responsibilities including travel, meals, loss of wages and child care. Lastly, the social services districts are responsible for submitting any periodic reports on the activities of the local advisory councils required by the DFA.

This proposed rule is based on a recommendation of Governor Cuomo’s Mandate Relief Redesign Team, a group of representatives from private industry, education, labor and government tasked with identifying ways to ease local mandates. The goal of this regulatory amendment is to reduce the administrative burdens associated with appointing, organizing and reimbursing local advisory councils, conducting regular meetings and periodically reporting on the activities of the councils. Eliminating these burdens will enable social services districts to save time and effort and allow them to redirect their staff as local needs dictate.

This will not eliminate public input into policy development, program planning, and program evaluation, as other regulatory requirements continue to require public participation in these efforts. For instance, 18 NYCRR § 407.5 continues to require social services districts to provide a separate public participation and comment process for their proposed social services plans. Other regulatory requirements specify certain designated stakeholders that must participate in the development of certain portions of the plans.

4. Costs:

It is anticipated that these regulatory amendments would have a cost savings for the social services districts.

5. Local government mandates:

These amendments would ease local mandates by no longer requiring that social services districts establish and maintain local advisory councils. The proposed rule also would repeal reporting requirements related to the local advisory councils.

However, it is noted that although social services districts would no longer be mandated to organize and convene such advisory councils, nothing prohibits social services districts desiring such input from the community from organizing such meetings. This rule provides those social services districts with greater flexibility in the design and the organization of such groups.

6. Paperwork:

There would be no additional forms required due to this rule. The proposed amendments would eliminate some existing obligations including, but not limited to, local advisory council agendas, minutes and reports.

7. Duplication:

The proposed amendments would not duplicate, overlap or conflict with any existing State or federal requirements.

8. Alternatives:

The alternative is to leave the regulation as it is currently written. However, the DFA is pursuing these amendments in an effort to provide mandate relief to social services districts consistent with direction from the Governor’s Mandate Relief Redesign Team.

9. Federal standards:

The proposed amendments would not conflict with federal standards.

10. Compliance schedule:

The social services districts could be in compliance with the proposed amendments upon their effective date.

1. Effect of rule:

The proposed amendments would have no effect on small businesses. The proposed amendments would ease mandates on the 58 social services districts in New York State.

2. Compliance requirements:

The commissioners of the social services districts would no longer have administrative responsibility for appointing the members of the local advisory councils consistent with regulatory requirements, for organizing the meetings of the local advisory councils on a regular basis, and for activities associated with the local advisory councils including the preparation of agendas, minutes and reports. Furthermore, the local commissioners would no longer reimburse necessary expenses incurred by members of the local advisory councils in the performance of their responsibilities including travel, meals, loss of wages and child care. Lastly, the social services districts would no longer be responsible for submitting any periodic reports on the activities of the local advisory councils required by the Department of Family Assistance, which is comprised of the Office of Temporary and Disability Assistance (OTDA) and the Office of Children and Family Services.

However, it is noted that although social services districts would no longer be mandated to organize and convene such advisory councils, nothing prohibits those social services districts desiring such input from the community from organizing such meetings. This rule provides those social services districts with greater flexibility in the design and the organization of such groups.

3. Professional services:

The proposed amendments would not require small businesses or local governments to hire additional professional services. The proposed rule would enable the social services districts to redirect their staff as local needs dictate.

4. Compliance costs:

It is anticipated that these regulatory amendments would have a cost savings for the social services districts.

5. Economic and technological feasibility:

All local governments have the economic and technological ability to comply with the proposed regulation.

6. Minimizing adverse impact:

There would not be an adverse economic impact on the social services districts.

7. Small business and local government participation:

Social services districts in the State had an opportunity to review and comment upon the proposed amendments. Seven social services districts provided comments. Four of the comments were in favor of the proposed rule.

A fifth comment supported the proposed rule, asserting that the manner in which social services districts choose to seek community input and guidance should be left to their own discretion. A sixth comment reiterated the concept that social service districts should have sole discretion for determining how to obtain community input. In response to these two comments, OTDA maintains that the proposed rule is consistent with their recommendations. This proposed rule would provide social services districts with greater flexibility in the design and the organization of their outreach; the social services districts would no longer be bound by the requirements of 18 NYCRR Part 341. Furthermore, the proposed rule does not request that social services districts submit plans for alternate community outreach to OTDA.

A final comment indicated that the repeal of 18 NYCRR Part 341 was inconsequential and that OTDA could take more significant steps to reduce mandates on the social services districts, but it did not expressly oppose the proposal. In response, OTDA maintains that 18 NYCRR Part 341 imposes unnecessary mandates on the social services districts, and its repeal would provide additional flexibility to the social services districts. Also OTDA notes that it will continue to take steps to reduce the impact of existing mandates on social services districts.

1. Types and estimated numbers of rural areas:

The proposed amendments would ease local mandates on the forty–four social services districts in rural areas of the State. Social services districts in rural areas would no longer be required to establish and maintain local advisory councils. The commissioners of social services districts in rural areas would no longer have administrative responsibility for appointing the members of the local advisory councils consistent with regulatory requirements, for organizing the meetings of the local advisory councils on a regular basis, and for activities associated with the local advisory councils including the preparation of agendas, minutes and reports. Furthermore, the commissioners of social services districts in rural areas would no longer reimburse necessary expenses incurred by members of the local advisory councils in the performance of their responsibilities including travel, meals, loss of wages and child care. Lastly, the social services districts in rural areas would no longer be responsible for submitting any periodic reports on the activities of the local advisory councils required by the Department of Family Assistance (DFA), which is comprised of the Office of Temporary and Disability Assistance and the Office of Children and Family Services.

However, it is noted that although social services districts in rural areas would no longer be mandated to organize and convene such advisory councils, nothing prohibits those social services districts desiring such input from the community from organizing such meetings. This rule provides those social services districts with greater flexibility in the design and the organization of such groups.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

No additional recordkeeping, reporting or compliance would be required by the social services districts in rural areas. The proposed amendments would eliminate some existing obligations including, but not limited to, local advisory council agendas, minutes and reports.

3. Costs:

It is anticipated that these regulatory amendments would have a cost savings for the social services districts in rural areas.

4. Minimizing adverse impact:

There would not be an adverse economic impact on the social services districts in rural areas.

5. Rural area participation:

Social services districts in rural counties of the State had an opportunity to review and comment upon the proposed amendments. Three of these social services districts provided comments. All three comments were in favor of the proposed rule, with one of the comments suggesting that other regulations should be repealed as well.

A Job Impact Statement is not required for the proposed amendments. It is apparent from the nature and the purpose of the proposed amendments that they would not have a substantial adverse impact on jobs and employment opportunities in New York State. The proposed amendments would not affect private businesses. The proposed amendments would not affect in any real way the jobs of the workers in the social services districts or at the Office of Children and Family Services and the Office of Temporary and Disability Assistance, which comprise the Department of Family Assistance. Thus the changes would not have any adverse impact on jobs and employment opportunities in New York State.