N.Y. Public Authorities Law § 3573: Moneys received; department of health

§ 3573. Moneys received; department of health. Notwithstanding any

provision of this article or any other provision of law to the contrary,

so long as bonds issued by the dormitory authority on or before March

thirty-first, two thousand twenty-five to make loans to the department

of health of the state of New York to finance state hospital facilities

listed in section four hundred three of the public health law 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.