Section 97-TTT. Federal revenue maximization contract fund

1. There is
  hereby established in the joint custody of the state comptroller and the
  commissioner of taxation and finance a fund to be known as  the  federal
  revenue maximization contract fund.
    2.  Such  fund shall consist of those revenues specified by the office
  of temporary and disability assistance or the department of  health,  as
  approved  by  the director of the budget, and properly received from the
  federal government on account of federal revenue maximization activities
  conducted by the former department of social services or the  office  of
  temporary  and  disability  assistance  or the department of health, and
  social services districts, both directly and through their  contractors,
  that  are  credited or transferred thereto from any other fund or source
  pursuant to law.
    3. Notwithstanding any provision of law to the contrary, to the extent
  that federal revenues specified under subdivision two  of  this  section
  and  related  to  medical  assistance expenditures are properly received
  under a federal revenue maximization contract which  has  been  properly
  executed  by  the  department of health, and approved by the director of
  the budget, and are used to reduce the state and local district cost  of
  medical  assistance  expenditures,  the  commissioner  of  health shall,
  subject to the approval of the director of  the  budget,  transfer  such
  specified revenues to the federal revenue maximization contract fund and
  shall make all payments or transfers required by this section.
    4.  Moneys  in  the fund, pursuant to appropriation by the legislature
  and issuance of a certificate of approval by the director of the  budget
  shall be made available for the following purposes:
    (a)  payment  of  fees,  pursuant  to a contract approved by the state
  comptroller, to a contractor of the former department of social services
  or the office of temporary and disability assistance or  the  department
  of health providing federal revenue maximization services; and
    (b)  payment  or reimbursement of the federal share of social services
  district expenditures based  on  social  services  district  claims  for
  additional  federal  reimbursements submitted in accordance with section
  one hundred thirty-one-g of the social services law  and  identified  by
  the commissioner of the office of temporary and disability assistance or
  the  department  of  health,  as  federal  revenue  maximization  claims
  submitted on behalf of a city or county department  or  social  services
  district.  Moneys shall be paid out of the fund on the audit and warrant
  of the state comptroller  on  vouchers  certified  or  approved  by  the
  commissioner of the office of temporary and disability assistance or the
  department of health and the director of the budget.
    5.  Notwithstanding  any  other  provision of law to the contrary, any
  federal  revenues  received  by  the  state  based  on  federal  revenue
  maximization  contractor  activities  which  reimburse  social  services
  districts for activities which have been or will  be  subject  to  state
  reimbursement  shall  be  proportionately reduced by the amount of state
  reimbursement  received  by  the  social  services  district,   or,   as
  determined by the commissioner of the office of temporary and disability
  assistance  or  the department of health and the director of the budget,
  by any other city or county agency.
    6. Moneys in the federal revenue maximization contract fund  shall  be
  kept separate and shall not be commingled with any moneys in the custody
  of  the comptroller. Further, the comptroller shall establish within the
  federal  revenue  maximization  contract  fund  a  revenue  maximization
  contractor account and a local maximization account.
    7.  Upon  the identification, by the director of the budget, of moneys
  resulting from federal revenue maximization activities conducted by  the
  former  department  of  social  services  or the office of temporary and

  disability assistance or the department of health, the state comptroller
  shall apportion the moneys as follows:
    (a)  the  first portion shall be deposited to the revenue maximization
  contractor  account,  pursuant  to  the  provisions  of  the  applicable
  contract  with the former department of social services or the office of
  temporary and disability assistance or the department of  health,  or  a
  social  services  district.  The director of the budget shall review and
  approve or disapprove the amounts to be so deposited;
    (b) the second portion shall be deposited to  the  local  maximization
  account,  in  amounts  to be determined by the director of the budget in
  consultation with the  commissioner  of  the  office  of  temporary  and
  disability  assistance  and  any  other  state  department or agency, as
  necessary; and
    (c) remaining moneys shall be deposited  to  the  contingency  reserve
  fund.
    8.  Payments  to  a  contractor  of  the  former  department of social
  services or the office of temporary and  disability  assistance  or  the
  department  of  health or a social services district, who was engaged in
  revenue maximization activities generating reimbursement  specified  for
  deposit in the federal revenue maximization fund pursuant to subdivision
  three  of this section, shall be made only from the revenue maximization
  contractor account.
    9. Notwithstanding any law to the contrary,  and  in  accordance  with
  section  four  of  the  state  finance  law,  the  comptroller is hereby
  authorized and directed to transfer, upon request from the  director  of
  the  budget,  $95,000,000  from  any  of  the  office  of  temporary and
  disability assistance special  revenue  federal  funds  to  the  federal
  revenue maximization fund (359) or the contingency reserve fund (005).