New York Laws
Article 81 - Education of Children Residing in Child Care Institutions
4003 - Annual Tuition and Maintenance Reimbursement Procedures.

§ 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 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.

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