Not-for-Profit Human Services Providers - Performance Requirements for Funding during COVID-19 Disaster Emergency
| Effective Date: April 6, 2020 | Printable PDF version |
TO: ALL DEPARTMENT AND AGENCY HEADS
FROM: Robert F. Mujica Jr.
Not-for-Profit Human Services Providers - Performance Requirements for Funding during COVID-19 Disaster Emergency
This item provides instructions to certain State agencies on funding eligibility for certain Not-for-profit human services providers (Human Services NFPs) unable to meet performance requirements due to the outbreak of coronavirus disease 2019 (COVID-19).
A. Applicability
- Effective Period
This Budget Bulletin applies to eligible contracts that were awarded prior to March 7, 2020, and shall cease to be in effect at such time that Executive Order (EO) No. 202 ceases to be in effect.
- Agencies and Human Services NFPs Covered in this Budget Bulletin
For purposes of this Budget Bulletin, "agencies" shall include only the Office of Children and Family Services (OCFS), the Office of Temporary and Disability Assistance (OTDA), the Office of Addiction Services and Supports (OASAS), the Office of Mental Health (OMH), the Office for People with Developmental Disabilities (OPWDD), the State Office for the Aging (SOFA), the Division of Criminal Justice Services (DCJS), the Department of Labor (DOL), and the Department of Health (DOH).
For purposes of this Budget Bulletin, Human Services NFPs shall include only not-for-profit human services providers who contract with Agencies to receive State funding which are required to meet certain contractual performance standards, metrics, thresholds and/or reporting requirements (Performance/Reporting Requirements) as a precondition to receiving such funding.
- Human Service NFP Payments Excluded from this Budget Bulletin
The provisions of this Budget Bulletin shall not apply where Performance/Reporting Requirements governing contractual payments to Human Services NFPs are:
- Unable to be met primarily for a reason other than the COVID-19 emergency;
- Established in an Enacted Budget appropriation;
- Required by the New York State Constitution or any provision of a New York State law or regulation; OR
- Required by Federal law, rule, or regulation.
Example 1: If a Human Service NFP was unable to meet required Performance/Reporting Requirements prior to the COVID-19 public health emergency and for reasons primarily unrelated to the COVID-19 public health emergency, even if such inability was worsened by the COVID-19 public health emergency, then the Human Service NFP would not be eligible to receive funding pursuant to this Budget Bulletin.
Example 2: If the appropriation from which the Human Service NFP payments are funded requires that the Human Service NFP serve a minimum number of individuals to receive funding, then the provisions of this Budget Bulletin do not apply if such minimum number of individuals is not served.
Example 3: If contractual, statutory, and regulatory Performance/Reporting Requirements which are not being met are established by federal law, rule, or regulation and the Federal government has not indicated that such requirements may be waived, then the provisions of this Budget Bulletin do not apply.
B. Agency Instructions
- Agency Determination of COVID-19 Impact
As soon as practicable and for all contracts with Human Services NFPs which were awarded prior to March 7, 2020, agencies are hereby instructed to work with Human Services NFPs with which they have contracts to determine whether such Human Services NFPs' ability to meet performance/reporting requirements are:
- impaired primarily as a result of the COVID-19 public health emergency; AND
- established only in the contract between the agency and the Human Services NFP.
Example 1: If a Human Services NFP's receipt of State funds are conditioned on Performance/Reporting Requirements established solely in a contract with and agency, then the provisions of this Budget Bulletin would apply.
- Grantee to Demonstrate Impairment
It is incumbent upon the Human Services NFPs to document and certify the impacts on their performance due to COVID-19 outbreak and for agencies to approve or reject such certification. This analysis must be conducted on a contract-by-contract, not a provider-by-provider, basis.
- Agency Amendment of Eligible Contracts
Where an agency determines that a Human Services NFP is unable to meet such Performance/Reporting Requirements primarily as a result of the COVID-19 outbreak, the agency shall work with the impacted Human Services NFP to amend the respective contract to provide that the Human Services NFP will not be disqualified from receiving funding due to the failure to meet those requirements during the period of time that EO No. 202 remained in effect.
- Expense Reimbursement Payments
Agency contract provisions which provide expense-based reimbursement to Human Service NFPs shall not be covered by this Budget Bulletin.
- Contract Amendments Exempt from OSC Review
Consistent with EO No. 202, any such contract amendments made in response to the guidance herein shall not be subject to the requirements of New York State Finance Law ยง112, including, but not limited to, Comptroller pre-audit review and approval.
C. Reporting
For every Human Services NFP deemed by an agency to be subject to the provisions of this Budget Bulletin, agencies must submit the following information to the Division of the Budget's Legal and Procurement Unit at LPU@budget.ny.gov:
- Human Services NFP name and EIN or Tax ID number;
- Contract Number;
- Contract Term;
- Total Grant Amount;
- Grant amount paid pursuant to this Budget Bulletin;
- Services Provided; and
- COVID-19 impact causing inability to meet Performance/Reporting Requirements.
D. Questions
For questions on eligibility of specific Human Services NFPs, agencies should contact their DOB budget examiners. For all other questions concerning this Budget Bulletin, please contact the Division of the Budget's Legal and Procurement Unit at LPU@budget.ny.gov or (518) 474-2334.