New York Laws
Title 11 - Medical Assistance for Needy Persons
368-D - Reimbursement to Public School Districts and State Operated/state Supported Schools Which Operate Pursuant to Article Eighty-Five, Eighty-Seven or Eig

(a) The department of health shall post on its website, for a period
of no less than thirty days:
(i) A description of the proposed services to be provided pursuant to
the contract or contracts;
(ii) The criteria for selection of a contractor or contractors;
(iii) The period of time during which a prospective contractor may
seek selection, which shall be no less than thirty days after such
information is first posted on the website; and
(iv) The manner by which a prospective contractor may seek such
selection, which may include submission by electronic means;
(b) All reasonable and responsive submissions that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner of health; and
(c) The commissioner of health shall select such contractor or
contractors that, in his or her discretion, are best suited to serve the
purposes of this section.
(d) Upon selection of a contractor or contractors, the department of
health shall provide written notification of such selection and a

summary of the criteria employed in such selection to the chair of the
senate finance committee and the chair of the assembly ways and means
committee.
6. The commissioner shall evaluate the results of the study conducted
pursuant to subdivision four of this section to determine, after
identification of actual direct and indirect costs incurred by public
school districts, whether it is advisable to claim federal reimbursement
for expenditures under this section as certified public expenditures. In
the event such claims are submitted, if federal reimbursement received
for certified public expenditures on behalf of medical assistance
recipients whose assistance and care are the responsibility of a social
services district results in a decrease in the state share of annual
expenditures pursuant to this section for such recipients, then to the
extent that the amount of any such decrease when combined with any
decrease in the state share of annual expenditures described in
subdivision five of section three hundred sixty-eight-e of this title
exceeds one hundred fifty million dollars for the period April 1, 2011
through March 31, 2013, or exceeds one hundred million dollars in state
fiscal years 2013-14 and 2014-15, the excess amount shall be transferred
to such public school districts in amounts proportional to their
percentage contribution to the statewide savings; an amount equal to
thirteen and five hundredths percent of any decrease in the state share
of annual expenditures pursuant to this section for such recipients in
state fiscal year 2015-16 and any fiscal year thereafter shall be
transferred to such public school districts in amounts proportional to
their percentage contribution to the statewide savings. Any amount
transferred pursuant to this section shall not be considered a revenue
received by such social services district in determining the district's
actual medical assistance expenditures for purposes of paragraph (b) of
section one of part C of chapter fifty-eight of the laws of two thousand
five.

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