Section 92-DD. Health care reform act (HCRA) resources fund  


Latest version.
  • 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.