N.Y. Comp. Codes R. & Regs. tit. 18 § 435.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 435.10 - Payment for respite care and services

(a) Payment by a social services district to foster family boarding home or an emergency foster family boarding home for the provision of respite care and services to a foster child must not exceed the per diem maximum State aid rate for foster family boarding home care currently being paid on behalf of the child.

(b) Payment by a social services district for respite care and services for foster families provided by agency boarding homes, group homes, group residences or institutions must be made at the rates contained in the social services district's agreement with such providers for the provision of foster care services.

(c) Payments may be made by a social services district for reserved accommodations in foster family boarding homes or emergency foster family boarding homes approved for the provision of respite care and services.

(d)

(1) Payment made by a social services district to individual providers approved pursuant to section 435.6 of this Part or to foster family boarding homes approved to provide respite care and services for families as mandated preventive services are to be made pursuant to a purchase of service contract or letter of intent between the social services district and the approved provider(s) or a purchase of service contract between the social services district and the voluntary authorized agency or preventive services agency supervising the approved provider(s). Such contract or letter of intent must conform to the provisions of Parts 405 and 423 of this Title; provided, however, that the provisions of section 405.1(a) of this Title limiting such contracts to local public agencies, private non-profit agencies or organizations, and private proprietary agencies are not applicable to providers of respite care and services for families. Rates of payment under such contracts or letters of intent may be negotiated by the social services district with the individual providers or foster family boarding homes but must be uniform throughout the district.

(2) Payments made by a social services district to agency boarding homes, group homes, group residences or institutions for respite care and services for families when provided in accordance with this Part must be set by a purchase of services agreement for such services and must not exceed the rates contained in the social services district's agreement with such providers for the provision of foster care services.

(3) Payments made by a social services district to family home providers or programs approved by the Office of Mental Health or the Office for People with Developmental Disabilities and approved by the social services district for respite care and services for families provided in accordance with this Part must be set by a purchase of services contract or letter of intent between the social services district and such agency, provider or program in accordance with Part 405 of this Title.

(4) The provisions of this section apply to respite care and services for families that are provided for less than 24 hours, including the requirements that payments for such services must not exceed the equivalent of an applicable per diem rate for foster care services and that such payment rates must be uniform throughout the district.

(e) A social services district may continue to provide payments to foster parents for those periods of time during which respite care and services are also being provided.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 435.10

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023