§ 368-e. Reimbursement to counties for pre-school children with\nhandicapping conditions. 1. The department of health shall review claims\nfor expenditures made by counties and the city of New York for medical\ncare, services and supplies which are furnished to preschool children\nwith handicapping conditions or such preschool children suspected of\nhaving handicapping conditions, as such children are defined in the\neducation law. If approved by the department, payment for such medical\ncare, services and supplies which would otherwise qualify for\nreimbursement under this title and which are furnished in accordance\nwith this title and the regulations of the department to such children,\nshall be made in accordance with the department's approved medical\nassistance fee schedules by payment to such county or city which\nfurnished the care, services or supplies either directly or by contract.\nNotwithstanding any provisions of law, rule or regulation to the\ncontrary, any clinic or diagnostic and treatment center licensed under\narticle twenty-eight of the public health law, which as determined by\nthe state education department, in conjunction with the department of\nhealth, has a less than arms length relationship with the provider\napproved under section forty-four hundred ten of the education law\nshall, subject to the approval of the department and based on standards\ndeveloped by the department, be authorized to directly submit such\nclaims for medical assistance, services or supplies so furnished for any\nperiod beginning on or after July first, nineteen hundred ninety-seven.\nThe actual full cost of the individualized education program (IEP)\nrelated services incurred by the clinic shall be reported on the New\nYork State Consolidated Fiscal Report in the education law section\nforty-four hundred ten program cost center in which the student is\nplaced and the associated medical assistance revenue shall be reported\nin the same manner.\n 2. Claims for payment under this section shall be made in such form\nand manner, at such times, and for such periods as the department may\nrequire.\n 3. The commissioner of health is authorized to contract with one or\nmore entities to conduct a study to determine actual direct and indirect\ncosts incurred by counties for medical care, services and supplies,\nincluding related special education services and special transportation,\nfurnished to pre-school children with handicapping conditions.\n 4. Notwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law,\nthe commissioner of health is authorized to enter into a contract or\ncontracts under subdivision three of this section without a competitive\nbid or request for proposal process, provided, however, that:\n (a) The department of health shall post on its website, for a period\nof no less than thirty days:\n (i) A description of the proposed services to be provided pursuant to\nthe contract or contracts;\n (ii) The criteria for selection of a contractor or contractors;\n (iii) The period of time during which a prospective contractor may\nseek selection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n (iv) The manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n (b) All reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioner of health; and\n (c) The commissioner of health shall select such contractor or\ncontractors that, in his or her discretion, are best suited to serve the\npurposes of this section.\n (d) Upon selection of a contractor or contractors, the department of\nhealth shall provide written notification of such selection and a\nsummary of the criteria employe
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