N.Y. Comp. Codes R. & Regs. Tit. 18 § 404.6 - Fees for services
(a) The
social services district must impose and provide for the collection of such
fees for service as are required in the then effective consolidated services
plan or integrated county plan or, in the case of child care services, the
family share for such services required by section
415.3(e)
of this Title. Failure of the service recipient to pay a fee or family share as
required in this section must lead to suspension or termination of the service
for which the fee or family share was imposed and not paid unless, in the case
of child care services, satisfactory arrangements have been made, prior to the
suspension or termination of such services, for the service recipient to make
full payment of all delinquent family shares. No subsequent application nor any
reapplication by the service recipient for any service suspended or terminated
by reason of the failure to pay a required fee or family share will be
considered until such time as all delinquent fees are paid or, in the case of
child care services, unless and until arrangements satisfactory to the social
services district are made for the service recipient to make full payment of
all delinquent family shares. Notwithstanding the foregoing, failure of the
service recipient to pay a fee or family share must not be a basis for denial
or discontinuance of services as part of a plan of protective services for an
adult or a child or for preventing placement of a child in foster
care.
(b)
Methods of
collection.
(1) The social services
district must advise the recipient in writing, at the time of the initial
eligibility determination and each redetermination, of the required fee amount,
the date(s) such fee is due and the payment procedures to be followed. The
notice of the fee requirements must be included in the written notice of
eligibility. A provider must also be notified when a recipient is required to
pay a fee, if the provider is required to collect the fees for the service.
Such notification to the provider must contain the amount of the fee and the
date(s) such fee is due.
(2) If a
fee is not paid by the specified date, the social services district, or the
provider, when appropriate, must immediately give a written notice of the fee
past due in person or by mail to the service recipient. Such notice must
include a warning of impending termination of the service for continued
nonpayment and specify the time period within which such payment must be made
or, in the case of child care services, the time period within which
satisfactory arrangements for such payment must be made. Such time period may
be no less than seven days and no more than 30 days. If payment is not received
or, in the case of child care services if arrangements, satisfactory to the
social services district, for full payment of all delinquent fees by the
service recipient, have not been made within the time period specified in the
written notice that the fee is past due, then the social services district must
give written notice of termination of service in person or by mail to the
service recipient. The notice of termination of service must state that the
service will be terminated 10 days subsequent to the date of the notice unless
payment of all delinquent fees is received prior to the date of termination or,
in the case of child care services, unless and until arrangements, satisfactory
to the social services district, are made for the service recipient to make
full payment of all delinquent fees. Copies of the warning and termination
notices must be maintained in the recipient's basic data file.
(c)
Claiming.
Fees imposed upon service recipients in accordance with this section shall be deducted from the amount of expenditures for such services for which Federal and State reimbursement is claimed.
Notes
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