Section 3573. Moneys received; department of health


Latest version.
  • Notwithstanding any
      provision of this article or any other provision of law to the contrary,
      so long as bonds issued by the dormitory authority to finance facilities
      for the department of health of the state of New York remain outstanding
      as defined in the bond resolution under which such  bonds  were  issued,
      the following provisions shall be applicable:
        1.    All  moneys  derived or resulting from the care, maintenance and
      treatment of patients at Roswell Park  Cancer  Institute  or  any  other
      health  facility  owned  or  operated by the corporation or a subsidiary
      thereof, together with moneys  received  from  fees,  including  parking
      fees,  refunds,  reimbursements,  sales  of  property  and miscellaneous
      receipts of the corporation or its subsidiaries attributable to  Roswell
      Park  Cancer  Institute  and  other  revenues  of the corporation or its
      subsidiaries (other than gifts, grants,  bequests  and  moneys  received
      under research contracts, and clinical practice income received pursuant
      to a clinical practice plan established pursuant to subdivision fourteen
      of  section  two hundred six of the public health law) and any other net
      revenues received by the corporation from any  of  its  subsidiaries  or
      other  entities  shall  be  moneys  of the department of health, whether
      collected or received by such corporation or any  of  its  subsidiaries,
      and  shall  be  paid  into the health income fund as required by section
      four hundred nine of the public health law.   Such  corporation  or  any
      subsidiary  created hereunder shall receive any moneys of the department
      of health described herein as agent of  the  department  of  health  and
      shall  pay  such  moneys to the commissioner for deposit into the health
      income fund.
        2.  Neither the corporation nor any subsidiary thereof shall create or
      permit to be created any pledge,  assignment,  encumbrance  or  security
      interest  in  any  moneys  of  the  department  of health required to be
      deposited or maintained in the department of health income fund pursuant
      to section four hundred nine of the public health law or  any  agreement
      between  the department of health and the dormitory authority, including
      investments and proceeds thereof, or the  right  of  the  department  of
      health to receive or collect the same.
        3.  The state shall not give, grant, sell or convey, loan, license the
      use  of  or  lease  any  property  to  the corporation or any subsidiary
      thereof except in compliance with the terms of any  lease,  sublease  or
      other  agreement  between  the dormitory authority and the department of
      health of the state of New York.
        4.  Neither the corporation nor any subsidiary thereof shall take  any
      action,  or  suffer any action to be taken, which would adversely affect
      the exclusion of interest on any of the bonds issued  by  the  dormitory
      authority  to  finance  facilities  for  the department of health of the
      state of New York from gross  income  for  purposes  of  federal  income
      taxation.    The  department  of  health  shall provide oversight of the
      corporation's adherence to this subdivision as more fully  described  in
      the agreement set forth in subdivision two of section four hundred three
      of the public health law.
        5.   No power conferred upon the corporation or any subsidiary thereof
      by this article or any other provision of law shall be  exercised  in  a
      manner  that  is  inconsistent  with the terms of any lease, sublease or
      other agreement between the dormitory authority and  the  department  of
      health of the state of New York.
        6.  No  lien  granted  by  the  corporation  or any subsidiary thereof
      pursuant to this title shall give any lienor the  right  to  compel  the
      sale of any health facility which is currently owned by the state or the
      dormitory   authority  and  which  comprises  the  Roswell  Park  Cancer
      Institute.