BILL NUMBER: S9396
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the social services law, in relation to providing
enhanced rates for child care services provided to disabled and/or
developmentally delayed children
 
PURPOSE:
To establish an enhanced reimbursement rate for childcare providers
serving children with developmental delays or disabilities to reflect
the additional resources required to provide appropriate care.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 4 of section 410-x of the social services
law to require the commissioner to establish a rate differential for
childcare providers who care for children with diagnosed developmental
delays and/or disabilities.
Section 2 directs the Office of Children and Family Services, in consul-
tation with the Office for People with Developmental Disabilities and
the Department of Health, to promulgate regulations necessary to imple-
ment the provisions of the act.
Section 3 provides the effective date.
 
JUSTIFICATION:
Childcare providers in New York State receive childcare assistance
payments based on market rates, which generally do not distinguish
between the level of care required for different populations of chil-
dren. As a result, providers serving children with developmental delays
or disabilities receive the same reimbursement rate as providers serving
children without specialized needs.
Children with intellectual and developmental disabilities (IDDs)
frequently require more intensive care and support than typical child-
care settings provide. These children may need individualized super-
vision, specialized training for caregivers, adaptive equipment, and
smaller staff-to-child ratios. These additional supports increase the
cost of providing safe, inclusive, and developmentally appropriate care.
However, under the current reimbursement structure, childcare centers
serving children with IDD must absorb these higher costs without addi-
tional financial support. This creates a disincentive for providers to
enroll children with disabilities and may limit'the availability of
inclusive childcare options for families who need them most.
This legislation addresses this gap by establishing a rate differential
for childcare providers serving children with diagnosed developmental
delays or disabilities. The.bill directs the commissioner to set payment
rates that are at least thirty percent above the applicable market rate
to account for the additional staffing, training, accommodations, and
supports required to provide high-quality care to these children.
Increasing reimbursement rates will encourage more providers to offer
inclusive services, expand access, and promote equitable opportunities
for children with intellectual and developmental disabilities.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

Statutes affected:
S9396: 410-x social services law, 410-x(4) social services law