N.Y. Comp. Codes R. & Regs. tit. 18, § 425.5
(2) persons who are served through preventive services projects which have been approved by the Department of Social Services and the State Budget Director.
(b)
(2) Day services may be purchased from a private proprietary facility, providing that the social services official has received approval from the department to purchase from such a facility, through documenting that there is no conveniently accessible nonprofit facility which can provide such service.
(c)
State reimbursement may be provided for day services provided or purchased by local social services officials for the following individuals:
(a)