N.Y. Comp. Codes R. & Regs. tit. 18 § 403.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 403.1 - Selection of services

(a) The department shall have the following exclusive authority with respect to services for which Federal and/or State financial participation is available:

(1) definition of service;

(2) specification of the categories of individuals to whom service shall be available;

(3) specification of the methods of provision by which service may be delivered;

(4) establishment of income levels, if any, required for eligibility for service;

(5) specification of categories of individuals to whom a fee will be charged; and

(6) establishment of appropriate fee schedules.

(b) For purposes of development of the district component of the comprehensive annual social services program plan, the social services district shall select services to meet the following requirements:

(1) At least one service must be directed toward each of the five goals described in section 400.1(c) of this Title. A service may be directed toward more than one goal.

(2) At least three services must be designated as available to recipients of supplemental security income.

(c) The Federal Social Security Act requires that the following services be provided:

(1) family planning services for ADC recipients (including minors who are considered sexually active) who request such services;

(2) foster care services for recipients of ADC/FC as described in section 358-a of the Social Services Law; and

(d) The New York State Social Services Law requires social services districts to select and provide, in accordance with stated limitations, if any, the following services:

(1) Services required to be selected and provided without regard to the availability of State or Federal funds:

(i) protective services for children, as defined in the Child and Family Services Plan;

(ii) information and referral services to all persons without regard to financial eligibility criteria; and

(iii) child care services to a family guaranteed child care assistance in accordance with section 415.2(a)(1) of this Title.

(2) Services required to be selected and provided so long as State or Federal reimbursement is available for those purposes:

(i) child care services for a family that meets one or more of the criteria in section 415.2(a)(2) of this Title;

(ii) family planning services for persons eligible for ADC, HR and SSI;

(iii) foster care services for children to meet the goal of protection;

(iv) health related services for persons eligible for SSI;

(v) home management, homemaker, housekeeper/chore, and housing improvement services for persons eligible for SSI;

(vi) residential placement services for adults;

(vii) protective services for adults; and

(viii) unmarried parents service.

(3) Services that may be selected and provided to families if funds are available and the social services district has listed such families as eligible in the district's Child and Family Services Plan shall include child care services to a family that meets one or more of the criteria in section 415.2(a)(3) of this Title.

(e) For each service selected by the social services district for provision, the social services district shall:

(1) assure conformity with the definition of each service as prescribed by the department;

(2) include specification of the methods of delivery selected by the district, within the limits prescribed by the department;

(3) identify the relationship of the service to one or more of the five goals described in section 400.1 of this Title; and

(4) include specification of one or more categories of individuals to whom the service is to be provided, within the limits prescribed by the department.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 403.1

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020