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contained in section twenty-five hundred forty-one of this title, the following terms shall have the following meanings:

(a) "Foster child" shall mean a child in the care, custody or guardianship of a commissioner of a local social services district'.

(b) "Homeless child" shall mean child placed in a hotel, motel, shelter, or other temporary housing arrangement by social services district because of the unavailability of permanent housing.

(C) "Municipality of current location" shall mean a municipality in which a child lives which is different from the municipality in which child or such child's family lived at the time a social services district assumed responsibility for the placement of such child or family.

(d) "Municipality of residence" shall mean the municipality in which a child or such child's family lived at the time the local social services district assumed responsibility or custody for such child or family.

2. Evaiuation and IFSP responsibility. The municipality of current location of a foster child or homeless child shall be responsible

for the evaluation and IFSP procedures prescribed for an infant or toddler suspected of having a disability. The municipality of current location shall identify to the commissioner each eligible foster child or homeless child, and the municipality of current location of such child shall also transmit copy of the IFSP and cost of service of such child to the municipality of residence.

3. Contract and payment responsibility. The municipality of current location shall be the municipality of record for eligible foster child or homeless child for the purposes of this title, provided that notwithstanding the provision of subdivision two of section twenty-five hundred fifty-seven of this title, the state shall reimburse one hundred percent of the approved costs paid by such municipality, which shall be offset by the local contribution due pursuant to subdivision four of this section.

4. Local contribution. The municipality of residence shall be financially responsible for the local contribution in the amount of fifty percent of the approved costs. The commissioner shall certify to the comptroller the amount of the local contribution owed by each municipality to the state. The comptroller shall deduct the amount of such local contribution first from any moneys due the municipality pursuant to section twenty-five hundred fifty-six of this title and then from any other poneys due or to become due to the municipality.

§ 2559. Third party insurance and medical assistance program payments. 1. Nothing in this title shall be construed to permit the department any other state agency or municipality to reduce medical assistance or other assistance or services available to eligible children.

2. Notwithstanding any other provisions of law, costs incurred for early intervention services that, otherwise qualify as medical assistance that are furnished to an eligible child who is also eligible for benefits pursuant to title eleven of article five of the social services law are considered to be medical assistance for purposes of payments to providers and state reimbursement to the extent that federal financial participation is available therefor.

3. (a) Providers of early intervention services and transportation services shall in the first instance and where applicable, seek payment from all third party payors including governmental agencies prior to clairing payment from a given municipality for services rendered to eligible children,

for the purpose of seeking payment from the medical assistance program, or from other third party payors as agreed upon by a provider and the municipality, the municipality shall be deemed the provider of such early intervention services, and provided further that the obligation to seek payment shall not apply to a payment from a third party payor who is not prohibited from applying such payment, and will apply such payment, to an annual or lifetime limit specified in the insured''s policy.

(b) The commissioner, in consultation with the director of budget and the superintendent of insurance, shall promulgate regulations providing, public reimbursement for deductibles and copayments which are imposed under an insurance policy or health benefit plan to the extent that such deductibles and copayments are applicable to early intervention services.

Payments made for early, intervention services under an insurance policy or health benefit plan which are provided as part of an IFSP purEXPLANATION–Matter in italics is new; matter in brackets [] is old law

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suant to section twenty-five hundred forty-five of this title shall not be applied by the insurer or plan administrator against any maximum lifetime annual limits specified in the policy or health benefits plan, pursuant to section eleven of the chapter of the laws of nineteen hundred ninety-two which added this title.

§ 2559-a. Transportation. The municipality in which an eligible child resides shall, beginning with the first day of service, provide either directly, by contract, through reimbursement at & mileage rate authorized by the municipality for the use of a private vehicle for other reasonable transportation costs, for suitable transportation pursuant to section twenty-five hundred forty-five of this title. All contracts for transportation of such children shall be provided pursuant to the procedures set forth in section two hundred thirty-six of the family court act, using the date on which the child's IFSP is implemented, in lieu of the date the court order was issued; provided, however, that the city of New York shall provide such transportation in accordance with the provisions of chapter one hundred thirty of the laws of nineteen hundred ninety-two, if applicable.

§ 2559-b. Regulations. The commissioner may adopt regulations necessary to carry out the provisions of this title. In promulgating such regulations, the commissioner shall incorporate coordinated standards and procedures, where applicable, and shall consider the regulations, guidelines and operating procedures of other state agencies that administer or supervise the administration of services to infants, toddlers and preschool children to ensure that families, service providers and municipalities are not unnecessarily required to meet differing eligibility, reporting or procedural requirements.

§ 3. Programs providing services prior to July 1, 1993 to infants and toddlers under a court order pursuant to section 236 of the family court act shall be deemed in compliance with the coordinated standards and procedures prescribed pursuant to section 2551 of the public health law until August 31, 1993.

5 4. Section 3209 of the education law, as amended by chapter 53 of the laws of 1990, is amended to read as follows:

§ 3209. Duties of public welfare officials with respect to indigent children. Public welfare officials, except as otherwise provided by law, shall furnish indigent children'with suitable clothing, shoes, books, food, transportation and other necessaries to enable them to attend upon instruction as hereinbefore required by law. Upon demonstration of need, such necessaries shall also include transportation of indigent children for the purposes of evaluations pursuant to section forty-four hundred ten of this chapter and title II-A of article twenty-five of the

public health law.

§ 5. Section 4403 of the education law is amended by adding a new subdivision 18 to read as follows:

18. To approve the provision of early intervention services, as defined in section twenty-five hundred forty-one of the public health law, by agencies which are approved providers of special services or programs pursuant to section forty-four hundred ten of this article based

such agency's compliance with the coordinated standards and procedures for early intervention services established pursuant to title II-A of article twenty-five of the public health law and, where applicable, teacher.certification requirements.

§ 6. Subdivision 3 of section 4410 of the education law is amended by adding a new paragraph e to read as follows:

e. After notification by an early intervention official as defined in section twenty-five hundred forty-one of the public health law, that child receiving services pursuant to title II-A of article twenty-five of the public health law potentially will transition to receiving vices under this section and that a conference is to be convened to review the child's program options and establish transition plan, which conference must occur at least ninety days before such child would be eligible for services under this section, the chairperson of the committee preschool

special education of the local school district or his or her designee in which such child resides shall participate in the conference.

§ 7. Paragraphs a and f of subdivision 9 of section 4410 of the education law, as added by chapter 243 of the laws of 1989,

amended to read as follows:

a. Providers of special services or programs shall apply to the commissioner for program approval on form prescribed by the commissioner[. Such]; such application shall include, but not be limited to, a

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planing of providing services in the least restrictive environment and å listing of the services to be provided, the population to be served, description of its evaluation component, if any. Providers of early in

approval pursuant to subdivision seven of ply to the commissioner for such approval on a form prescribed by the Commissioner. The commissioner shall approve programs in accordance with regulations adopted for such purpose and shall periodically review such programs at which time the commissioner shall provide the municipality in which the program is located an opportunity for comment.

f. As part of an application submitted pursuant to paragraph a of this subdivision, a provider of special services or programs shall describe any program in which preschool children will receive services in conjunction with children placed pursuant to section two hundred thirty-six of the family court act or title II-A of article twenty-five of the public health law. If such preschool program otherwise meets the criteria for approval of preschool programs established by regulations of the commissioner, the commissioner shall approve such program.

§ 8. Paragraph (e) of subdivision 1 of section 236 of the family court act, as amended by chapter 130 of the laws of 1992, is amended and new paragraphs (f) and (8) are added to read as follows:

(e) for services provided on or after July first, nineteen hundred eighty-nine to children with handicapping conditions who meet the criteria of subdivision one of section forty-four hundred one of the education law except that such children are three years of age or under and (1) are not eligible for services pursuant to section forty-four hundred'ten of such law, or (ii) are not eligible for services through a state appointment pursuant to article eighty-five, eighty-seven or eighty-eight of such law[:]; and

(f) for services provided to children with handicapping conditions who meet the criteria of subdivision one of section forty-four hundred of the education law and who, as of July first, nineteen hundred ninetythree, are receiving services or who have petitioned for services pursuant to this section prior to such date and which complete petition has not been denied prior to October thirty-first, nineteen hundred ninetythree and whose parent has elected to continue to the provision of such services until the child is no longer an eligible child under title II-A of the public health law or is eligible for services pursuant to section forty-four hundred ten of the education law.

(&) Notwithstanding any other provision of this section, this section shall not apply for services to children who were not receiving services prior to July, first, nineteen hundred ninety-three, or who have petitioned for services prior to July first, nineteen hundred ninety-three and whose complete petition has been denied prior to October thirtyfirst, nineteen hundred ninety-three.

§ 9. Transition services. 1. For any child who, as of July 1, 1993, is receiving services or who has petitioned for services pursuant section 236 of the family court act and which complete petition has not been denied prior to October 1, 1993, the parent may, elect either (i) to continue the provision of such services until the child is no longer an eligible child or is eligible for services pursuant to section 4410 of the education law, with costs approved and paid pursuant to section 4406 of the education law; or (ii) to obtain services pursuant to this title. Acceptance of an IFSP by a parent shall constitute an election under clause (ii) of this section.

2. Notwithstanding section 2557 of the public health law, as added by section two of this act, for the period July 1, 1993 through August 31, 1993, to implement an IFSP which contains early intervention services pursuant to title II-A of article 25 of the public health law that would constitute special education services within the meaning of section 4406 of the education law, including transportation, tuition or maintenance, the local early intervention official shall:

(a) set a payment level for such services that is commensurate with the payment for equivalent services provided to children under section 236 of the family court act during the same period, pursuant to their authority under section eight of this act; and

(b) issue to the commissioner of education a notice of approval of and payment level for such services for

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payment pursuant to paragraph b of subdivision 1 of section 4406 of the education law.

3. Commencing July 1, 1993, when a local early intervention official pursuant to paragraph (b) of subdivision 2 of this section shall issue a notice of approval of special education services, including transportation, tuition or maintenance of such children with handicapping conditions, including, the payment level for such services, the commissioner of education shall issue certificate authorizing payment of such services. Such certificate shall be issued in duplicate, one copy of which shall be filed with the clerk of the board of supervisors or other governing elective body of the county or chief fiscal officer of the city of New York and the other shall be maintained by the commissioner. Refusal of the commissioner to authorize such payment may be reviewed only in accordance with the provisions of article 78 of the civil practice law and rules.

§ 10. The insurance law is amended by adding a new section 3231 to read as follows:

§ 3231. Payment for early intervention services. No policy of accident and health insurance which provides payment for early intervention services

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IFSP pursuant to section twenty-five hundred forty-five of the public health law shall provide that such payment will be applied against any maximum annual or lifetime limits specified in the accident and health insurance policy, pursuant to section eleven

of the chapter of the laws of nineteen hundred ninety-two that added this section.

$ 11. The provisions of paragraph (C) of subdivision 3 of section 2559 of the public health law, as added by section two of this act, and tion ten of this act shall apply only to:

(a) policies and contracts delivered and coverage effectuated in this state on or after August 31, 1992; and

(b) existing policies, on the first renewal rating period on or after August 31, 1992.

12. From federal funds available during the period October 1, 1992 through September 30, 1993 under Part 1 of the Federal Individuals with Disabilities Education Act, the commissioner of health shall make three million five hundred thousand dollars available to municipalities for the costs of IFSPs and service coordination.

§ 13. Federal funds available in the state fiscal year commencing April 1, 1993 pursuant to Part H of the Federal Individuals with Disabilities Education Act, shall be distributed pursuant to a chapter of the laws of 1993. Prior to enactment of this chapter, the commissioner of health shall solicit projections from municipalities of anticipated administrative and program costs for the early intervention program for the period July 1, 1993 through June 30, 1994. Municipalities choosing to submit projections should submit projections by November 30, 1992. Any projections submitted from such® municipalities shall be provided to the legislature by January 1, 1993.

$ 14. This act shalí take effect July 1, 1993, provided, however, that:

1. Section two of this act shall expire and be deemed to be repealed on September 1, 1993 unless an act providing a payment methodology for early intervention services, as referred to in section 2555 of the public health law, as added by section two of this act, is enacted into law prior to such date;

2. Subdivision one of section 2547 of the public health law, as added by section two of this act, shall take effect' September 1, 1993;

3. Notwithstanding subdivision 1 of section 2552 of the public health law, as added by section two of this act, prior to September 1, 1993,, a municipality shall be responsible for the services contained in an individualized family service plan only to the extent that such services are reasonably available;

4. Section 2557 and subdivision 3 of section 2559 of the public health law, as added by section two of this act, shall take effect September 1, 1993;

5. Section 2555 of the public health law, as added by section two of this act and sections three, six, eight, nine, ten, eleven, twelve and thirteen of this act shall take effect immediately.

6. Effective immediately, the commissioner may prepare the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act for submission to the early intervention coordinating council on or after January 1, 1993.

7. Sections 2553 and 2559-b of the public health law, as added by section two of this act, shall take effect January 1, 1993; and

8. The amendment to section 3209 of the education law by section four of this act and shall not affect the expiration of certain provisions as provided by section 112 of chapter 53 of the laws of 1990, as amended.

CHAPTER 429

AN ACT to amend the cooperative corporations law, in relation to the

taxation of certain cooperative corporations organized for the purpose of producing and distributing district heating or cooling service by means of steam energy Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 77 of the cooperative corporations law, as amended by chapter 152 of the laws of 1988, is amended to read as follows:

§ 77. Annual license fee. 1. Each cooperative corporation organized, with or without capital stock, for the purpose of cooperative marketing of agricultural products or for the purpose of making loans to its members producing agricultural products or for the purpose of purchasing food products for sale to its members, such a purchasing cooperative corporation having gross receipts from such sales of less than five hundred thousand dollars in a calendar year, shall pay to the [state tax commission] commissioner of taxation and finance an annual fee of

ten dollars, in lieu of all franchise or license or corporation taxes,

2. Each cooperative corporation organized without capital stock, with federal internal revenue code section 501(c)12 status, for the purpose of producing and distributing district heating and/or cooling service by Deans of stean energy solely for the use of its members where: (i) the steam generating facility of such cooperative corporation is located in a city with a population of less than one million and (ii) at least fifty percent of such

heating

and/or cooling service as measured by volume of steam usage is distributed to and used by members which qualify as organizations described in paragraph one, two or four of subdivision (a) of section eleven hundred sixteen of the tax law shall pay to the commissioner of taxation and finance an annual fee of ten dollars, in lieu of all franchise, license or corporation taxes, or the tax imposed under section one hundred eighty-six-a of the tax law.

3. Such annual fee shall be paid for each calendar year on the fifteenth day of March next succeeding the close of such calendar year.

§ 2. This act shall take effect immediately and shall be applicable to calendar and taxable years commencing or after January 1, 1985 provided, however, that if this act is finally declared by a court of competent jurisdiction to be invalid to the extent it is retroactive to calendar and taxable years commencing on or after January 1, 1985, then this act shall apply to calendar and taxable years commencing on or after January 1, 1986; provided, further, that if this act is finally declared by a court of competent jurisdiction to be invalid to the extent it is retroactive to calendar and taxable years commencing on or after January 1, 1986, then this act shall apply to calendar and taxable years commencing on or after January 1, 1987; provided, further, that if this act is finally declared by a court of competent jurisdiction to be invalid to the extent it is retroactive to calendar and taxable years combencing on or after January 1, 1987, then this act shall apply to calendar and taxable years commencing on or after January 1, 1988; provided, further, that if this act is finally declared by a court of competent jurisdiction to be invalid to the extent it is retroactive to calendar and taxable years commencing on or after January 1, 1988, then this act shall apply to calendar and taxable years commencing on or after January EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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