STATE OF NEW YORK ________________________________________________________________________ 9715 IN SENATE May 22, 2024 ___________ Introduced by Sen. BROUK -- 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 implementing a cost estimation model for child care The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 410-x of the social services law is amended by 2 adding a new subdivision 5-a to read as follows: 3 5-a. (a) For each group for which the office of children and family 4 services determines a separate payment rate pursuant to subdivision four 5 of this section, and at the same frequency, such office shall utilize a 6 cost estimation model to determine the actual cost providers incur when 7 providing child care. The cost estimation model shall identify and take 8 into account cost drivers including but not limited to employee salary 9 and benefits, enrollment levels, facility costs and compliance with 10 statutory and regulatory requirements. Where a quality rating system or 11 any quality indicators are being utilized, the cost estimation model 12 shall also take into account the cost of providing services at each 13 level of quality. 14 (b) In developing such model the office of children and family 15 services shall consult with stakeholders including, but not limited to, 16 representatives of child care resource and referral agencies, child care 17 providers and any state advisory council established pursuant to 42 18 U.S.C.S. § 9831 et. seq., as amended. The cost estimation model shall be 19 statistically valid, using complete and current data and rigorous 20 collection methods. 21 § 2. Section 410-z of the social services law, as added by section 52 22 of part B of chapter 436 of the laws of 1997, is amended to read as 23 follows: 24 § 410-z. Reporting requirements. 1. Each social services district 25 shall collect and submit to the [department] office of children and 26 family services, in such form and at such times as specified by the 27 [department] office of children and family services, such data and 28 information regarding child care assistance provided under the block EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04515-01-3
S. 9715 2 1 grant as the [department] office of children and family services may 2 need to comply with federal reporting requirements. 3 2. The office of children and family services shall prepare a report 4 detailing the actual cost providers incur when providing child care in 5 each setting, as determined by the cost estimation model established in 6 paragraph (a) of subdivision five of section four hundred ten-x of this 7 title. The report shall detail cost data for each setting, age group, 8 care provided to children with special needs, and any other grouping for 9 which a separate cost estimation is conducted. Such data shall include: 10 (a) the level of quality care as determined by a quality rating system 11 or any quality indicators utilized by the state; 12 (b) a description of the major cost drivers for providing care; and 13 (c) a comparison of the costs of child care for each grouping to the 14 market rate determined by the office of children and family services 15 pursuant to subdivision four of section four hundred ten-x of this 16 title. 17 The report shall be submitted to the governor, the speaker of the 18 assembly and the temporary president of the senate by June first, two 19 thousand twenty-five. The office of children and family services shall 20 post the information contained in the report on its website. 21 § 3. This act shall take effect immediately.