N.Y.
Education Law Section 4003
Annual tuition and maintenance reimbursement procedures
1.
The commissioner of education, the commissioner of social services, and, when appropriate, the commissioner of mental health shall develop reimbursement methodologies for the tuition and maintenance components of child care institutions and special act school districts. The commissioner of education, in consultation with the appropriate state agencies and departments, shall have responsibility for developing a reimbursement methodology for tuition which shall be based upon appropriate educational standards promulgated pursuant to regulations of the commissioner of education. The commissioner of social services, except for institutions for which the state health department or the office of mental health establishes maintenance rates, in consultation with appropriate state agencies and departments, shall have responsibility for developing a reimbursement methodology for maintenance, pursuant to Social Services Law § 398-A (Standards of payment for foster care)section three hundred ninety-eight-a of the social services law and the regulations promulgated thereunder.2.
The director of the budget, in consultation with the commissioner of education, the commissioner of social services, the commissioner of health, the commissioner of mental health, and any other state agency or other source he may deem appropriate, shall approve reimbursement methodologies for tuition and maintenance. Any modification in any such methodology which has previously been approved shall be subject to the approval of the director of the budget.3.
Effective upon final approval by the director of the budget of reimbursement methodologies for both tuition and maintenance, the commissioner of education shall annually determine a tuition rate in conformance with this section for each special act school district or private school operated by a child care institution.4.
Effective upon final approval by the director of the budget of the reimbursement methodologies for both tuition and maintenance, the commissioner of social services shall annually determine a maintenance rate and a medical services rate for each child care institution in accordance with this section and regulations of the commissioner of social services.5.
All reimbursement rates determined pursuant to this section shall be effective for the period July first through June thirtieth. Rates for the following year shall be submitted no later than April fifteenth to the director of the budget. The director of the budget shall act upon such rates within forty-five days of submission. Such rates shall not become effective until approved by the director of the budget. In the event that the rates are approved after July first, then such rates shall be deemed to apply retroactively to such date.6.
All reimbursements shall be subject to adjustment and final determination upon field audit conducted by the comptroller, the state education department, the department of social services or any agent thereof.7.
The commissioner of education, the commissioner of social services and the director of the budget, in consultation with other appropriate state agencies and departments, shall enter into an interagency agreement to assure effective implementation of the provisions of this section. The agreement shall provide for, but not be limited to, the development of common accounting practices and audit procedures, common information and budget forms, coordinated financial and other reporting requirements for child care institutions, mechanisms for resolving appeals of rates established pursuant to this section and mechanisms to evaluate and recommend modification to reimbursement methodologies.
Source:
Section 4003 — Annual tuition and maintenance reimbursement procedures, https://www.nysenate.gov/legislation/laws/EDN/4003 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
