Bill S7505-2013

Relates to the age of an infant and reimbursement for child care

Distinguishes the age of an infant as a child under the age of two for certain purposes.






TITLE OF BILL: An act to amend the social services law, in relation to age of infant and reimbursement

PURPOSE: To ensure child care providers receive adequate reimbursement.


Section one of this bill would require that a child care provider be reimbursed at the infant rate for a child up to two years of age.

Section two of the bill would set an effective date of April 1, 2015.

JUSTIFICATION: Licensing regulations require a certain staff to child ratio depending on the age and number of children receiving care with additional staff being required for any increases in infant care. As a result, the subsidy reimbursement amount for infant care is higher than what would be provided for older children. Subsidy regulations define an infant as a child from 0-18 months, however staffing ratios set forth by the Office of Children and Family Services (OCFS) considers an infant to be 0-24 months. This creates a 6-month financial shortfall for providers who do not receive the higher reimbursement amount, but are still required to operate under the standards of the licensing requirements such as a higher level of staff to child ratio. Aligning the definition of infant in subsidy regulation and licensing regulations will ensure that providers receive an adequate subsidy to compensate for the level of care that is being provided.



EFFECTIVE DATE: This act shall take effect April 1, 2015.


STATE OF NEW YORK ________________________________________________________________________ 7505 IN SENATE May 15, 2014 ___________
Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to age of infant and reimbursement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, is amended to read as follows: 4. The amount to be paid or allowed for child care assistance funded under the block grant shall be the actual cost of care but no more than the applicable market-related payment rate established by the department in regulations. The payment rates established by the department shall be sufficient to ensure equal access for eligible children to comparable child care assistance in the substate area that are provided to children whose parents are not eligible to receive assistance under any federal or state programs. Such payment rates shall take into account the vari- ations in the costs of providing child care in different settings and to children of different age groups, and the additional costs of providing child care for children with special needs. FOR THE PURPOSE OF DETER- MINING SUCH PAYMENT RATES, AN INFANT SHALL BE CONSIDERED A CHILD UNDER THE AGE OF TWO. S 2. This act shall take effect April 1, 2015.


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