N.Y. STF. LAW § 92-dd : NY Code - Section 92-DD: Health care reform act (HCRA) resources fund

Search N.Y. STF. LAW § 92-dd : NY Code - Section 92-DD: Health care reform act (HCRA) resources fund

Notwithstanding
  any  contrary provision of law, there is hereby established in the joint
  custody of the comptroller and the department of health  a  fund  to  be
  known  as  the health care reform act resources fund. Such fund shall be
  composed of the HCRA program account and the  HCRA  transition  account,
  which  are  hereby  established,  and  such other existing or other duly
  authorized funds or accounts which the  director  of  the  budget,  upon
  recommendation   of  the  commissioner  of  health,  may  direct  to  be
  transferred  into  the  HCRA  resources  fund.  Such   fund   shall   be
  administered in accordance with the following:
    (a)  On  and  after  April  first,  two thousand five, such fund shall
  consist of the revenues heretofore and hereafter collected  or  required
  to  be  deposited  pursuant  to paragraph (a) of subdivision eighteen of
  section twenty-eight hundred seven-c, and sections twenty-eight  hundred
  seven-j,  twenty-eight  hundred seven-s and twenty-eight hundred seven-t
  of the public health law, subdivisions  (b)  and  (c)  of  section  four
  hundred  eighty-two  of  the  tax law and required to be credited to the
  tobacco control and insurance  initiatives  pool,  subparagraph  (O)  of
  paragraph  four of subsection (j) of section four thousand three hundred
  one of the insurance law, section twenty-seven of part A of chapter  one
  of  the  laws  of  two  thousand  two  and  all other moneys credited or
  transferred thereto from any other fund or source pursuant to law.
    (b) The pool administrator under contract  with  the  commissioner  of
  health  pursuant  to  section twenty-eight hundred seven-y of the public
  health law shall continue to collect moneys required to be collected  or
  deposited  pursuant  to paragraph (a) of subdivision eighteen of section
  twenty-eight hundred seven-c, and sections twenty-eight hundred seven-j,
  twenty-eight hundred seven-s and twenty-eight  hundred  seven-t  of  the
  public  health  law, and shall deposit such moneys in the HCRA resources
  fund. The comptroller shall deposit moneys collected or required  to  be
  deposited  pursuant  to subdivisions (b) and (c) of section four hundred
  eighty-two of the tax law and required to be  credited  to  the  tobacco
  control  and  insurance  initiatives pool, subparagraph (O) of paragraph
  four of subsection (j) of section four thousand three hundred one of the
  insurance law, section twenty-seven of part A of chapter one of the laws
  of two thousand two and all other moneys credited or transferred thereto
  from any other fund or source pursuant to  law  in  the  HCRA  resources
  fund.
    (c)  The pool administrator shall, from appropriated funds transferred
  to the  pool  administrator  from  the  comptroller,  continue  to  make
  payments  as required pursuant to sections twenty-eight hundred seven-k,
  twenty-eight hundred seven-m (not including payments  made  pursuant  to
  subparagraph (ii) of paragraph (b) and paragraphs (c), (d), (e), (f) and
  (g)  of subdivision five-a and subdivision seven of section twenty-eight
  hundred seven-m), and twenty-eight hundred seven-w of the public  health
  law,  paragraph  (e)  of subdivision twenty-five of section twenty-eight
  hundred seven-c of the public health law,  paragraphs  (b)  and  (c)  of
  subdivision thirty of section twenty-eight hundred seven-c of the public
  health   law,   paragraph   (b)   of  subdivision  eighteen  of  section
  twenty-eight hundred eight of the public health law,  subdivision  seven
  of  section  twenty-five  hundred-d of the public health law and section
  eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.
    (d) Moneys in the health care reform act resources fund shall be  kept
  separate  from  and shall not be commingled with any other moneys in the
  joint or sole custody of the comptroller and the department of health.
    (e) Moneys of the fund, following appropriation  by  the  legislature,
  shall  be  expended  in  accordance  with  sections twenty-eight hundred
  seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m, and

  twenty-eight hundred seven-v of the public health  law,  pursuant  to  a
  certificate  of  approval  of availability issued by the director of the
  budget, upon the recommendation of the commissioner of health, or  where
  appropriate, the superintendent of insurance, the commissioner of mental
  health and the director of the state office for the aging, and a copy of
  such  certificate  filed  with the state comptroller, the chairperson of
  the senate finance committee and the chairperson of  the  assembly  ways
  and means committee.
    (f) The moneys, following allocation, shall be paid out of the fund on
  the  audit  and  warrant  of  the  comptroller  on vouchers certified or
  approved by the commissioner of health, or by an officer or employee  of
  the department of health designated by the commissioner.
    (g)  Upon  the  direction  of  the  director  of the budget, the state
  comptroller shall transfer amounts up  to  the  undisbursed  balance  of
  existing  funds and accounts supported by revenues collected pursuant to
  HCRA to the HCRA resources fund.
    (h) The comptroller shall provide  the  pool  administrator  with  any
  information  needed,  in  a  form  or  format  prescribed  by  the  pool
  administrator, to meet health care reform act reporting requirements  as
  set  forth  in  article  twenty-eight  of  the  public  health law or as
  otherwise provided by law.
    (i) The commissioner of health and the  comptroller  are  directed  to
  develop  an expedited process to make immediate payments to any provider
  or an immediate transfer of funds to  the  pool  administrator  for  the
  purposes   of   making   necessary   distributions,   within   available
  appropriations  therefor,  in  accordance  with  sections   twenty-eight
  hundred  seven-k,  twenty-eight  hundred  seven-l,  twenty-eight hundred
  seven-m, and twenty-eight hundred seven-v of the public  health  law  to
  address emergency provider cash needs, as determined by the commissioner
  of health.
    (j)  The state comptroller shall transfer from the HCRA resources fund
  to the general debt service fund, revenue bond tax fund (311.02) amounts
  equal to the debt service paid for bonds, notes,  or  other  obligations
  issued  to finance the HEAL NY capital grant program authorized pursuant
  to section sixteen hundred eighty-j of the public authorities law.