To Clarify the Authorization and Payment Requirements of Part 415 and Revise the Sliding Fee Sc...
NY-ADR
7/7/21 N.Y. St. Reg. CFS-27-21-00001-EP
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 27
July 07, 2021
RULE MAKING ACTIVITIES
OFFICE OF CHILDREN AND FAMILY SERVICES
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CFS-27-21-00001-EP
Filing No. 748
Filing Date. Jun. 16, 2021
Effective Date. Jun. 16, 2021
To Clarify the Authorization and Payment Requirements of Part 415 and Revise the Sliding Fee Scale for Families
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of sections 415.0 and 415.3 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3)(f), 410-u(2) and 410-x(6)
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
This emergency rule is necessary for the preservation of the general welfare of the families of New York State. First, this rule revises the applicability of Part 415 of Title 18 of the New York State Codes, Rules and Regulations to clarify that the authorization and payment requirements of Part 415 apply only to child care services provided under the portion of the Block Grant for Child Care allocated to social services districts to provide child care assistance to families receiving family assistance and to other low-income families, as defined in Social Services Law section 410-u, and Title XX of the Federal Social Security Act. This revision is necessary to expeditiously expand access to child care assistance and allow the New York State Office of Children and Family Services to obligate and liquidate funds allocated to the Block Grant for Child Care in accordance with timelines under the federal Coronavirus Aid, Relief, and Economic Security Act, the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, the American Rescue Plan Act, and New York State budget appropriations. Second, this rule revises the sliding fee scale for families receiving child care services that are required to pay an income-based portion of a family share. Previously, social services districts had the option to choose an income factor of 10 to 35 percent; districts will now have to choose an income factor of at least 1 but no more than 10 percent. This revision is necessary to implement a statutory amendment to Social Services Law section 410-x(6).
Subject:
To clarify the authorization and payment requirements of Part 415 and revise the sliding fee scale for families.
Purpose:
To clarify the authorization and payment requirements of Part 415 and revise the sliding fee scale for families.
Text of emergency/proposed rule:
Part 415 of Title 18 of the New York State Codes, Rules and Regulations (NYCRR) is hereby amended to read as follows:
Section 415.0 of Title 18 NYCRR is amended to read as follows:
Applicability. This Part governs the authorization and payment of publicly funded child care services for children [under any provision of the Social Services Law or] pursuant to the portion of the Block Grant for Child Care allocated to social services districts to provide child care assistance to families receiving family assistance and to other low-income families, as defined in Social Services Law Section 410-u, and Title XX of the Federal Social Security Act to the extent of appropriations made available therefor.
Paragraph (3) of subdivision (e) of section 415.3 of Title 18 NYCRR is amended to read as follows:
(3) The sliding fee scale developed by the social services district must be calculated by subtracting the state income standard, as defined in section 415.1(k) of this Part, for the specific family size of the eligible family from the annual gross income of the eligible family, multiplying the remaining income by a factor of at least 1 but no more than 10 [to 35] percent, as selected by the social services district and included in the district's consolidated services plan or integrated county plan, and dividing the product by 52 to determine a weekly family share. The same percentage factor must be used for all families receiving child care services that are required to pay an income-based portion of a family share.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire September 13, 2021.
Text of rule and any required statements and analyses may be obtained from:
Frank J. Nuara, Office of Children and Family Services, 52 Washington St., Rensselaer, NY 12144, (914) 589-3096, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
Regulatory Impact Statement
1) Statutory Authority:
Section 20(3)(d) of the Social Services Law (SSL) authorizes the commissioner of the New York State Office of Children and Family Services (OCFS) to establish rules, regulations, and policies to carry out OCFS’ powers and duties under the SSL.
Section 34(3)(f) of the SSL authorizes OCFS to establish regulations for the administration of public assistance and care within the state.
Section 410-u(2) of the SSL divides the Block Grant for Child Care into two parts: the first comprised of funds retained by the state to provide child care on a statewide basis to special groups and for activities to increase the availability and/or quality of child care programs, and the second allocated to social services districts to provide child care assistance to families receiving family assistance and to other low income families.
Section 410-x(6) of the SSL requires child care assistance to be provided on a sliding fee basis, pursuant to department regulations, based upon the family's ability to pay. A family receiving child care assistance cannot be required to contribute more than 10 percent of its income exceeding the federal poverty level.
2) Legislative Objectives:
First, this rule is necessary to clarify that the authorization and payment requirements of Part 415 apply only to child care services provided under the portion of the Block Grant for Child Care allocated to social services districts to provide child care assistance to families receiving family assistance and to other low income families, as defined in Social Services Law Section 410-u, and Title XX of the Federal Social Security Act. This revision is necessary to expeditiously expand access to child care assistance and allow OCFS to obligate and liquidate funds allocated to the Block Grant for Child Care in accordance with timelines under the federal Coronavirus Aid, Relief, and Economic Security Act, the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, the American Rescue Plan Act, and New York State budget appropriations. Second, this rule revises the sliding fee scale for families receiving child care services that are required to pay an income-based portion of a family share. Previously, social services districts had the option to choose an income factor of 10 to 35 percent; districts will now have to choose an income factor of at least 1 but no more than 10 percent. This revision is necessary to implement a statutory amendment to SSL 410-x(6).
3) Needs and Benefits:
This rule would expand access to child care assistance. Regarding the first revision, OCFS is under time constraints to obligate and spend the listed funds, and recipients greatly need urgent access. OCFS has had calls with stakeholders about the need for child care assistance in the field and the need to obligate these funds in accordance with the relevant requirements. The sliding fee scale revision is necessary to implement a statutory amendment to SSL 410-(6), which took effect on April 16, 2021.
4) Costs:
No additional costs will be assessed with this rule. In fact, there will be a cost savings to many families that will benefit from a reduced family share.
5) Local Government Mandates:
No new mandates are imposed on local governments by this rule.
6) Paperwork:
Currently, 46 of the 58 social services districts will need to update their Child and Family Services Plan to reflect a new sliding fee scale income factor. OCFS will assist in this process.
7) Duplication:
This rule does not duplicate state or federal requirements.
8) Alternatives:
There are no alternatives. Without this rule, OCFS will not be able to obligate and spend the appropriations under the listed funding streams in a timely manner. OCFS also needs this rule to comply with state statute.
9) Federal Standards:
This rule is consistent with applicable federal requirements.
10) Compliance Schedule:
Compliance with this rule will begin immediately.
Regulatory Flexibility Analysis
1) Effect of Rule:
There are approximately 16,200 licensed/registered child care programs and 17,000 enrolled legally exempt child care programs in New York State, and 58 social services districts.
2) Compliance Requirements:
Currently, 46 of the 58 social services districts will need to update their Child and Family Services Plan to reflect a new sliding fee scale income factor. The New York State Office of Children and Family Services (OCFS) will assist in this process. There are no other new compliance requirements.
3) Professional Services:
Child care programs and local governments will not be required to use or employ any additional professional services as a result of this rule.
4) Compliance Costs:
No additional costs will be assessed with this rule.
5) Economic and Technological Feasibility:
There are no new requirements that will impact economic and/or technological feasibility.
6) Minimizing Adverse Impact:
OCFS does not anticipate an adverse impact.
7) Small Business and Local Government Participation:
OCFS had calls with stakeholders about the need for child care assistance in the field and the need to obligate the listed funds in accordance with the relevant requirements. OCFS will provide guidance, technical assistance, and outreach to those that are impacted by this rule. Specifically, OCFS will assist social services districts that need to update their Child and Family Services Plan to reflect a new sliding fee scale income factor. OCFS will send notice of this rule via email to all child care programs for which it has valid email addresses and post this information on the OCFS child care website. This will include the contact information of someone in OCFS to answer questions on this rule and the email address for the regulations mailbox ([email protected]) to provide public comments.
Rural Area Flexibility Analysis
1) Types and Estimated Numbers of Rural Areas:
This rule will apply to licensed/registered and enrolled legally exempt child care programs and social services districts in all 44 rural areas of the state.
2) Reporting, Recordkeeping and Other Compliance Requirements; and Professional Services:
Currently, 46 of the 58 social services districts will need to update their Child and Family Services Plan to reflect a new sliding fee scale income factor. The New York State Office of Children and Family Services (OCFS) will assist in this process.
3) Costs:
There are no new costs associated with this rule in rural areas.
4) Minimizing Adverse Impact:
OCFS does not anticipate any adverse impact to rural area child care programs or social services districts as a result of this rule.
5) Rural Area Participation:
OCFS had calls with stakeholders about the need for child care assistance in the field and the need to obligate the listed funds in accordance with the relevant requirements. OCFS will provide guidance, technical assistance, and outreach to those that are impacted by this rule. Specifically, OCFS will assist social services districts that need to update their Child and Family Services Plan to reflect a new sliding fee scale income standard. OCFS will send notice of this rule via email to child care programs for which it has a valid email address, and post this information on the OCFS child care website. This will include the contact information of someone in OCFS to answer questions on this rule and the email address for the regulations mailbox ([email protected]) to provide public comments.
Job Impact Statement
1) Nature of Impact:
The New York State Office of Children and Family Services (OCFS) does not anticipate that this rule will have a negative impact on employment opportunities in any region of New York State.
2) Categories and Numbers Affected:
It is estimated that there are 16,200 licensed/registered child care programs and 17,000 enrolled legally exempt child care programs in New York State, and 58 social services districts.
3) Regions of Adverse Impact:
This rule applies to licensed/registered and enrolled legally exempt child care programs and social services districts. There are no regions where this rule will have a disproportionate adverse impact on employment opportunities.
4) Minimizing Adverse Impact:
OCFS does not anticipate an adverse impact.
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