N.Y. Public Health Law § 2807-l: Health care initiatives pool distributions

§ 2807-l. Health care initiatives pool distributions. 1. Funds

accumulated in the health care initiatives pools pursuant to paragraph

(b) of subdivision nine of section twenty-eight hundred seven-j of this

article, or the health care reform act (HCRA) resources fund established

pursuant to section ninety-two-dd of the state finance law, whichever is

applicable, including income from invested funds, shall be distributed

or retained by the commissioner or by the state comptroller, as

applicable, in accordance with the following.

(a) Funds shall be reserved and accumulated from year to year and

shall be available, including income from invested funds, for purposes

of distributions to programs to provide health care coverage for

uninsured or underinsured children pursuant to sections twenty-five

hundred ten and twenty-five hundred eleven of this chapter from the

respective health care initiatives pools established for the following

periods in the following amounts:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, up to one hundred twenty million six hundred thousand

dollars;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, up to one hundred sixty-four million five hundred thousand

dollars;

(iii) from the pool for the period January first, nineteen hundred

ninety-nine through December thirty-first, nineteen hundred ninety-nine,

up to one hundred eighty-one million dollars;

(iv) from the pool for the period January first, two thousand through

December thirty-first, two thousand, two hundred seven million dollars;

(v) from the pool for the period January first, two thousand one

through December thirty-first, two thousand one, two hundred thirty-five

million dollars;

(vi) from the pool for the period January first, two thousand two

through December thirty-first, two thousand two, three hundred

twenty-four million dollars;

(vii) from the pool for the period January first, two thousand three

through December thirty-first, two thousand three, up to four hundred

fifty million three hundred thousand dollars;

(viii) from the pool for the period January first, two thousand four

through December thirty-first, two thousand four, up to four hundred

sixty million nine hundred thousand dollars;

(ix) from the pool or the health care reform act (HCRA) resources

fund, whichever is applicable, for the period January first, two

thousand five through December thirty-first, two thousand five, up to

one hundred fifty-three million eight hundred thousand dollars;

(x) from the health care reform act (HCRA) resources fund for the

period January first, two thousand six through December thirty-first,

two thousand six, up to three hundred twenty-five million four hundred

thousand dollars;

(xi) from the health care reform act (HCRA) resources fund for the

period January first, two thousand seven through December thirty-first,

two thousand seven, up to four hundred twenty-eight million fifty-nine

thousand dollars;

(xii) from the health care reform act (HCRA) resources fund for the

period January first, two thousand eight through December thirty-first,

two thousand ten, up to four hundred fifty-three million six hundred

seventy-four thousand dollars annually;

(xiii) from the health care reform act (HCRA) resources fund for the

period January first, two thousand eleven, through March thirty-first,

two thousand eleven, up to one hundred thirteen million four hundred

eighteen thousand dollars;

(xiv) from the health care reform act (HCRA) resources fund for the

period April first, two thousand eleven, through March thirty-first, two

thousand twelve, up to three hundred twenty-four million seven hundred

forty-four thousand dollars;

(xv) from the health care reform act (HCRA) resources fund for the

period April first, two thousand twelve, through March thirty-first, two

thousand thirteen, up to three hundred forty-six million four hundred

forty-four thousand dollars;

(xvi) from the health care reform act (HCRA) resources fund for the

period April first, two thousand thirteen, through March thirty-first,

two thousand fourteen, up to three hundred seventy million six hundred

ninety-five thousand dollars; and

(xvii) from the health care reform act (HCRA) resources fund for each

state fiscal year for periods on and after April first, two thousand

fourteen, within amounts appropriated.

(b) Funds shall be reserved and accumulated from year to year and

shall be available, including income from invested funds, for purposes

of distributions for health insurance programs under the individual

subsidy programs established pursuant to the expanded health care

coverage act of nineteen hundred eighty-eight as amended, and for

evaluation of such programs from the respective health care initiatives

pools or the health care reform act (HCRA) resources fund, whichever is

applicable, established for the following periods in the following

amounts:

(i) (A) an amount not to exceed six million dollars on an annualized

basis for the periods January first, nineteen hundred ninety-seven

through December thirty-first, nineteen hundred ninety-nine; up to six

million dollars for the period January first, two thousand through

December thirty-first, two thousand; up to five million dollars for the

period January first, two thousand one through December thirty-first,

two thousand one; up to four million dollars for the period January

first, two thousand two through December thirty-first, two thousand two;

up to two million six hundred thousand dollars for the period January

first, two thousand three through December thirty-first, two thousand

three; up to one million three hundred thousand dollars for the period

January first, two thousand four through December thirty-first, two

thousand four; up to six hundred seventy thousand dollars for the period

January first, two thousand five through June thirtieth, two thousand

five; up to one million three hundred thousand dollars for the period

April first, two thousand six through March thirty-first, two thousand

seven; and up to one million three hundred thousand dollars annually for

the period April first, two thousand seven through March thirty-first,

two thousand nine, shall be allocated to individual subsidy programs;

and

(B) an amount not to exceed seven million dollars on an annualized

basis for the periods during the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred ninety-nine

and four million dollars annually for the periods January first, two

thousand through December thirty-first, two thousand two, and three

million dollars for the period January first, two thousand three through

December thirty-first, two thousand three, and two million dollars for

the period January first, two thousand four through December

thirty-first, two thousand four, and two million dollars for the period

January first, two thousand five through June thirtieth, two thousand

five shall be allocated to the catastrophic health care expense program.

(ii) Notwithstanding any law to the contrary, the characterizations of

the New York state small business health insurance partnership program

as in effect prior to June thirtieth, two thousand three, voucher

program as in effect prior to December thirty-first, two thousand one,

individual subsidy program as in effect prior to June thirtieth, two

thousand five, and catastrophic health care expense program, as in

effect prior to June thirtieth, two thousand five, may, for the purposes

of identifying matching funds for the community health care conversion

demonstration project described in a waiver of the provisions of title

XIX of the federal social security act granted to the state of New York

and dated July fifteenth, nineteen hundred ninety-seven, may continue to

be used to characterize the insurance programs in sections four thousand

three hundred twenty-one-a, four thousand three hundred twenty-two-a,

four thousand three hundred twenty-six and four thousand three hundred

twenty-seven of the insurance law, which are successor programs to these

programs.

(c) Up to seventy-eight million dollars shall be reserved and

accumulated from year to year from the pool for the period January

first, nineteen hundred ninety-seven through December thirty-first,

nineteen hundred ninety-seven, for purposes of public health programs,

up to seventy-six million dollars shall be reserved and accumulated from

year to year from the pools for the periods January first, nineteen

hundred ninety-eight through December thirty-first, nineteen hundred

ninety-eight and January first, nineteen hundred ninety-nine through

December thirty-first, nineteen hundred ninety-nine, up to eighty-four

million dollars shall be reserved and accumulated from year to year from

the pools for the period January first, two thousand through December

thirty-first, two thousand, up to eighty-five million dollars shall be

reserved and accumulated from year to year from the pools for the period

January first, two thousand one through December thirty-first, two

thousand one, up to eighty-six million dollars shall be reserved and

accumulated from year to year from the pools for the period January

first, two thousand two through December thirty-first, two thousand two,

up to eighty-six million one hundred fifty thousand dollars shall be

reserved and accumulated from year to year from the pools for the period

January first, two thousand three through December thirty-first, two

thousand three, up to fifty-eight million seven hundred eighty thousand

dollars shall be reserved and accumulated from year to year from the

pools for the period January first, two thousand four through December

thirty-first, two thousand four, up to sixty-eight million seven hundred

thirty thousand dollars shall be reserved and accumulated from year to

year from the pools or the health care reform act (HCRA) resources fund,

whichever is applicable, for the period January first, two thousand five

through December thirty-first, two thousand five, up to ninety-four

million three hundred fifty thousand dollars shall be reserved and

accumulated from year to year from the health care reform act (HCRA)

resources fund for the period January first, two thousand six through

December thirty-first, two thousand six, up to seventy million nine

hundred thirty-nine thousand dollars shall be reserved and accumulated

from year to year from the health care reform act (HCRA) resources fund

for the period January first, two thousand seven through December

thirty-first, two thousand seven, up to fifty-five million six hundred

eighty-nine thousand dollars annually shall be reserved and accumulated

from year to year from the health care reform act (HCRA) resources fund

for the period January first, two thousand eight through December

thirty-first, two thousand ten, up to thirteen million nine hundred

twenty-two thousand dollars shall be reserved and accumulated from year

to year from the health care reform act (HCRA) resources fund for the

period January first, two thousand eleven through March thirty-first,

two thousand eleven, and for periods on and after April first, two

thousand eleven, up to funding amounts specified below and shall be

available, including income from invested funds, for:

(i) deposit by the commissioner, within amounts appropriated, and the

state comptroller is hereby authorized and directed to receive for

deposit to, to the credit of the department of health's special revenue

fund - other, hospital based grants program account or the health care

reform act (HCRA) resources fund, whichever is applicable, for purposes

of services and expenses related to general hospital based grant

programs, up to twenty-two million dollars annually from the nineteen

hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen

hundred ninety-nine pool, two thousand pool, two thousand one pool and

two thousand two pool, respectively, up to twenty-two million dollars

from the two thousand three pool, up to ten million dollars for the

period January first, two thousand four through December thirty-first,

two thousand four, up to eleven million dollars for the period January

first, two thousand five through December thirty-first, two thousand

five, up to twenty-two million dollars for the period January first, two

thousand six through December thirty-first, two thousand six, up to

twenty-two million ninety-seven thousand dollars annually for the period

January first, two thousand seven through December thirty-first, two

thousand ten, up to five million five hundred twenty-four thousand

dollars for the period January first, two thousand eleven through March

thirty-first, two thousand eleven, up to thirteen million four hundred

forty-five thousand dollars for the period April first, two thousand

eleven through March thirty-first, two thousand twelve, and up to

thirteen million three hundred seventy-five thousand dollars each state

fiscal year for the period April first, two thousand twelve through

March thirty-first, two thousand fourteen;

(ii) deposit by the commissioner, within amounts appropriated, and the

state comptroller is hereby authorized and directed to receive for

deposit to, to the credit of the emergency medical services training

account established in section ninety-seven-q of the state finance law

or the health care reform act (HCRA) resources fund, whichever is

applicable, up to sixteen million dollars on an annualized basis for the

periods January first, nineteen hundred ninety-seven through December

thirty-first, nineteen hundred ninety-nine, up to twenty million dollars

for the period January first, two thousand through December

thirty-first, two thousand, up to twenty-one million dollars for the

period January first, two thousand one through December thirty-first,

two thousand one, up to twenty-two million dollars for the period

January first, two thousand two through December thirty-first, two

thousand two, up to twenty-two million five hundred fifty thousand

dollars for the period January first, two thousand three through

December thirty-first, two thousand three, up to nine million six

hundred eighty thousand dollars for the period January first, two

thousand four through December thirty-first, two thousand four, up to

twelve million one hundred thirty thousand dollars for the period

January first, two thousand five through December thirty-first, two

thousand five, up to twenty-four million two hundred fifty thousand

dollars for the period January first, two thousand six through December

thirty-first, two thousand six, up to twenty million four hundred

ninety-two thousand dollars annually for the period January first, two

thousand seven through December thirty-first, two thousand ten, up to

five million one hundred twenty-three thousand dollars for the period

January first, two thousand eleven through March thirty-first, two

thousand eleven, up to eighteen million three hundred fifty thousand

dollars for the period April first, two thousand eleven through March

thirty-first, two thousand twelve, up to eighteen million nine hundred

fifty thousand dollars for the period April first, two thousand twelve

through March thirty-first, two thousand thirteen, up to nineteen

million four hundred nineteen thousand dollars for the period April

first, two thousand thirteen through March thirty-first, two thousand

fourteen, and up to nineteen million six hundred fifty-nine thousand

seven hundred dollars each state fiscal year for the period of April

first, two thousand fourteen through March thirty-first, two thousand

twenty-nine;

(iii) priority distributions by the commissioner up to thirty-two

million dollars on an annualized basis for the period January first, two

thousand through December thirty-first, two thousand four, up to

thirty-eight million dollars on an annualized basis for the period

January first, two thousand five through December thirty-first, two

thousand six, up to eighteen million two hundred fifty thousand dollars

for the period January first, two thousand seven through December

thirty-first, two thousand seven, up to three million dollars annually

for the period January first, two thousand eight through December

thirty-first, two thousand ten, up to seven hundred fifty thousand

dollars for the period January first, two thousand eleven through March

thirty-first, two thousand eleven, up to two million nine hundred

thousand dollars each state fiscal year for the period April first, two

thousand eleven through March thirty-first, two thousand fourteen, and

up to two million nine hundred thousand dollars each state fiscal year

for the period April first, two thousand fourteen through March

thirty-first, two thousand twenty-nine to be allocated (A) for the

purposes established pursuant to subparagraph (ii) of paragraph (f) of

subdivision nineteen of section twenty-eight hundred seven-c of this

article as in effect on December thirty-first, nineteen hundred

ninety-six and as may thereafter be amended, up to fifteen million

dollars annually for the periods January first, two thousand through

December thirty-first, two thousand four, up to twenty-one million

dollars annually for the period January first, two thousand five through

December thirty-first, two thousand six, and up to seven million five

hundred thousand dollars for the period January first, two thousand

seven through March thirty-first, two thousand seven;

(B) pursuant to a memorandum of understanding entered into by the

commissioner, the majority leader of the senate and the speaker of the

assembly, for the purposes outlined in such memorandum upon the

recommendation of the majority leader of the senate, up to eight

million five hundred thousand dollars annually for the period January

first, two thousand through December thirty-first, two thousand six, and

up to four million two hundred fifty thousand dollars for the period

January first, two thousand seven through June thirtieth, two thousand

seven, and for the purposes outlined in such memorandum upon the

recommendation of the speaker of the assembly, up to eight million five

hundred thousand dollars annually for the periods January first, two

thousand through December thirty-first, two thousand six, and up to four

million two hundred fifty thousand dollars for the period January first,

two thousand seven through June thirtieth, two thousand seven; and

(C) for services and expenses, including grants, related to emergency

assistance distributions as designated by the commissioner.

Notwithstanding section one hundred twelve or one hundred sixty-three of

the state finance law or any other contrary provision of law, such

distributions shall be limited to providers or programs where, as

determined by the commissioner, emergency assistance is vital to protect

the life or safety of patients, to ensure the retention of facility

caregivers or other staff, or in instances where health facility

operations are jeopardized, or where the public health is jeopardized or

other emergency situations exist, up to three million dollars annually

for the period April first, two thousand seven through March

thirty-first, two thousand eleven, up to two million nine hundred

thousand dollars each state fiscal year for the period April first, two

thousand eleven through March thirty-first, two thousand fourteen, up to

two million nine hundred thousand dollars each state fiscal year for the

period April first, two thousand fourteen through March thirty-first,

two thousand seventeen, up to two million nine hundred thousand dollars

each state fiscal year for the period April first, two thousand

seventeen through March thirty-first, two thousand twenty, up to two

million nine hundred thousand dollars each state fiscal year for the

period April first, two thousand twenty through March thirty-first, two

thousand twenty-three, up to two million nine hundred thousand dollars

each state fiscal year for the period April first, two thousand

twenty-three through March thirty-first, two thousand twenty-six, and up

to two million nine hundred thousand dollars each state fiscal year for

the period April first, two thousand twenty-six through March

thirty-first, two thousand twenty-nine. Upon any distribution of such

funds, the commissioner shall immediately notify the chair and ranking

minority member of the senate finance committee, the assembly ways and

means committee, the senate committee on health, and the assembly

committee on health;

(iv) distributions by the commissioner related to poison control

centers pursuant to subdivision seven of section twenty-five hundred-d

of this chapter, up to five million dollars for the period January

first, nineteen hundred ninety-seven through December thirty-first,

nineteen hundred ninety-seven, up to three million dollars on an

annualized basis for the periods during the period January first,

nineteen hundred ninety-eight through December thirty-first, nineteen

hundred ninety-nine, up to five million dollars annually for the periods

January first, two thousand through December thirty-first, two thousand

two, up to four million six hundred thousand dollars annually for the

periods January first, two thousand three through December thirty-first,

two thousand four, up to five million one hundred thousand dollars for

the period January first, two thousand five through December

thirty-first, two thousand six annually, up to five million one hundred

thousand dollars annually for the period January first, two thousand

seven through December thirty-first, two thousand nine, up to three

million six hundred thousand dollars for the period January first, two

thousand ten through December thirty-first, two thousand ten, up to

seven hundred seventy-five thousand dollars for the period January

first, two thousand eleven through March thirty-first, two thousand

eleven, up to two million five hundred thousand dollars each state

fiscal year for the period April first, two thousand eleven through

March thirty-first, two thousand fourteen, up to three million dollars

each state fiscal year for the period April first, two thousand fourteen

through March thirty-first, two thousand seventeen, up to three million

dollars each state fiscal year for the period April first, two thousand

seventeen through March thirty-first, two thousand twenty, up to three

million dollars each state fiscal year for the period April first, two

thousand twenty through March thirty-first, two thousand twenty-three,

up to three million dollars each state fiscal year for the period April

first, two thousand twenty-three through March thirty-first, two

thousand twenty-six, and up to three million dollars each state fiscal

year for the period April first, two thousand twenty-six through March

thirty-first, two thousand twenty-nine; and

(v) deposit by the commissioner, within amounts appropriated, and the

state comptroller is hereby authorized and directed to receive for

deposit to, to the credit of the department of health's special revenue

fund - other, miscellaneous special revenue fund - 339 maternal and

child HIV services account or the health care reform act (HCRA)

resources fund, whichever is applicable, for purposes of a special

program for HIV services for women and children, including adolescents

pursuant to section twenty-five hundred-f-one of this chapter, up to

five million dollars annually for the periods January first, two

thousand through December thirty-first, two thousand two, up to five

million dollars for the period January first, two thousand three through

December thirty-first, two thousand three, up to two million five

hundred thousand dollars for the period January first, two thousand four

through December thirty-first, two thousand four, up to two million five

hundred thousand dollars for the period January first, two thousand five

through December thirty-first, two thousand five, up to five million

dollars for the period January first, two thousand six through December

thirty-first, two thousand six, up to five million dollars annually for

the period January first, two thousand seven through December

thirty-first, two thousand ten, up to one million two hundred fifty

thousand dollars for the period January first, two thousand eleven

through March thirty-first, two thousand eleven, and up to five million

dollars each state fiscal year for the period April first, two thousand

eleven through March thirty-first, two thousand fourteen;

(d) (i) An amount of up to twenty million dollars annually for the

period January first, two thousand through December thirty-first, two

thousand six, up to ten million dollars for the period January first,

two thousand seven through June thirtieth, two thousand seven, up to

twenty million dollars annually for the period January first, two

thousand eight through December thirty-first, two thousand ten, up to

five million dollars for the period January first, two thousand eleven

through March thirty-first, two thousand eleven, up to nineteen million

six hundred thousand dollars each state fiscal year for the period April

first, two thousand eleven through March thirty-first, two thousand

fourteen, up to nineteen million six hundred thousand dollars each state

fiscal year for the period April first, two thousand fourteen through

March thirty-first, two thousand seventeen, up to nineteen million six

hundred thousand dollars each state fiscal year for the period of April

first, two thousand seventeen through March thirty-first, two thousand

twenty, up to nineteen million six hundred thousand dollars each state

fiscal year for the period of April first, two thousand twenty through

March thirty-first, two thousand twenty-three, up to nineteen million

six hundred thousand dollars each state fiscal year for the period of

April first, two thousand twenty-three through March thirty-first, two

thousand twenty-six, and up to nineteen million six hundred thousand

dollars each state fiscal year for the period of April first, two

thousand twenty-six through March thirty-first, two thousand

twenty-nine, shall be transferred to the health facility restructuring

pool established pursuant to section twenty-eight hundred fifteen of

this article;

(ii) provided, however, amounts transferred pursuant to subparagraph

(i) of this paragraph may be reduced in an amount to be approved by the

director of the budget to reflect the amount received from the federal

government under the state's 1115 waiver which is directed under its

terms and conditions to the health facility restructuring program.

(f) Funds shall be accumulated and transferred from as follows:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, (A) thirty-four million six hundred thousand dollars

shall be transferred to funds reserved and accumulated pursuant to

paragraph (b) of subdivision nineteen of section twenty-eight hundred

seven-c of this article, and (B) eighty-two million dollars shall be

transferred and deposited and credited to the credit of the state

general fund medical assistance local assistance account;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, eighty-two million dollars shall be transferred and

deposited and credited to the credit of the state general fund medical

assistance local assistance account;

(iii) from the pool for the period January first, nineteen hundred

ninety-nine through December thirty-first, nineteen hundred ninety-nine,

eighty-two million dollars shall be transferred and deposited and

credited to the credit of the state general fund medical assistance

local assistance account;

(iv) from the pool or the health care reform act (HCRA) resources

fund, whichever is applicable, for the period January first, two

thousand through December thirty-first, two thousand four, eighty-two

million dollars annually, and for the period January first, two thousand

five through December thirty-first, two thousand five, eighty-two

million dollars, and for the period January first, two thousand six

through December thirty-first, two thousand six, eighty-two million

dollars, and for the period January first, two thousand seven through

December thirty-first, two thousand seven, eighty-two million dollars,

and for the period January first, two thousand eight through December

thirty-first, two thousand eight, ninety million seven hundred thousand

dollars shall be deposited by the commissioner, and the state

comptroller is hereby authorized and directed to receive for deposit to

the credit of the state special revenue fund - other, HCRA transfer

fund, medical assistance account;

(v) from the health care reform act (HCRA) resources fund for the

period January first, two thousand nine through December thirty-first,

two thousand nine, one hundred eight million nine hundred seventy-five

thousand dollars, and for the period January first, two thousand ten

through December thirty-first, two thousand ten, one hundred twenty-six

million one hundred thousand dollars, for the period January first, two

thousand eleven through March thirty-first, two thousand eleven, twenty

million five hundred thousand dollars, and for each state fiscal year

for the period April first, two thousand eleven through March

thirty-first, two thousand fourteen, one hundred forty-six million four

hundred thousand dollars, shall be deposited by the commissioner, and

the state comptroller is hereby authorized and directed to receive for

deposit, to the credit of the state special revenue fund - other, HCRA

transfer fund, medical assistance account.

(g) Funds shall be transferred to primary health care services pools

created by the commissioner, and shall be available, including income

from invested funds, for distributions in accordance with former section

twenty-eight hundred seven-bb of this article from the respective health

care initiatives pools for the following periods in the following

percentage amounts of funds remaining after allocations in accordance

with paragraphs (a) through (f) of this subdivision:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, fifteen and eighty-seven-hundredths percent;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, fifteen and eighty-seven-hundredths percent; and

(iii) from the pool for the period January first, nineteen hundred

ninety-nine through December thirty-first, nineteen hundred ninety-nine,

sixteen and thirteen-hundredths percent.

(h) Funds shall be reserved and accumulated from year to year by the

commissioner and shall be available, including income from invested

funds, for purposes of primary care education and training pursuant to

article nine of this chapter from the respective health care initiatives

pools established for the following periods in the following percentage

amounts of funds remaining after allocations in accordance with

paragraphs (a) through (f) of this subdivision and shall be available

for distributions as follows:

(i) funds shall be reserved and accumulated:

(A) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, six and thirty-five-hundredths percent;

(B) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, six and thirty-five-hundredths percent; and

(C) from the pool for the period January first, nineteen hundred

ninety-nine through December thirty-first, nineteen hundred ninety-nine,

six and forty-five-hundredths percent;

(ii) funds shall be available for distributions including income from

invested funds as follows:

(A) for purposes of the primary care physician loan repayment program

in accordance with section nine hundred three of this chapter, up to

five million dollars on an annualized basis;

(B) for purposes of the primary care practitioner scholarship program

in accordance with section nine hundred four of this chapter, up to two

million dollars on an annualized basis;

(C) for purposes of minority participation in medical education grants

in accordance with section nine hundred six of this chapter, up to one

million dollars on an annualized basis; and

(D) provided, however, that the commissioner may reallocate any funds

remaining or unallocated for distributions for the primary care

practitioner scholarship program in accordance with section nine hundred

four of this chapter.

(i) Funds shall be reserved and accumulated from year to year and

shall be available, including income from invested funds, for

distributions in accordance with section twenty-nine hundred fifty-two

and section twenty-nine hundred fifty-eight of this chapter for rural

health care delivery development and rural health care access

development, respectively, from the respective health care initiatives

pools or the health care reform act (HCRA) resources fund, whichever is

applicable, for the following periods in the following percentage

amounts of funds remaining after allocations in accordance with

paragraphs (a) through (f) of this subdivision, and for periods on and

after January first, two thousand, in the following amounts:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, thirteen and forty-nine-hundredths percent;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, thirteen and forty-nine-hundredths percent;

(iii) from the pool for the period January first, nineteen hundred

ninety-nine through December thirty-first, nineteen hundred ninety-nine,

thirteen and seventy-one-hundredths percent;

(iv) from the pool for the periods January first, two thousand through

December thirty-first, two thousand two, seventeen million dollars

annually, and for the period January first, two thousand three through

December thirty-first, two thousand three, up to fifteen million eight

hundred fifty thousand dollars;

(v) from the pool or the health care reform act (HCRA) resources fund,

whichever is applicable, for the period January first, two thousand four

through December thirty-first, two thousand four, up to fifteen million

eight hundred fifty thousand dollars, for the period January first, two

thousand five through December thirty-first, two thousand five, up to

nineteen million two hundred thousand dollars, for the period January

first, two thousand six through December thirty-first, two thousand six,

up to nineteen million two hundred thousand dollars, for the period

January first, two thousand seven through December thirty-first, two

thousand ten, up to eighteen million one hundred fifty thousand dollars

annually, for the period January first, two thousand eleven through

March thirty-first, two thousand eleven, up to four million five hundred

thirty-eight thousand dollars, for each state fiscal year for the period

April first, two thousand eleven through March thirty-first, two

thousand fourteen, up to sixteen million two hundred thousand dollars,

up to sixteen million two hundred thousand dollars each state fiscal

year for the period April first, two thousand fourteen through March

thirty-first, two thousand seventeen, up to sixteen million two hundred

thousand dollars each state fiscal year for the period April first, two

thousand seventeen through March thirty-first, two thousand twenty, up

to sixteen million two hundred thousand dollars each state fiscal year

for the period April first, two thousand twenty through March

thirty-first, two thousand twenty-three, up to sixteen million two

hundred thousand dollars each state fiscal year for the period April

first, two thousand twenty-three through March thirty-first, two

thousand twenty-six, and up to sixteen million two hundred thousand

dollars each state fiscal year for the period April first, two thousand

twenty-six through March thirty-first, two thousand twenty-nine.

(j) Funds shall be reserved and accumulated from year to year and

shall be available, including income from invested funds, for purposes

of distributions related to health information and health care quality

improvement pursuant to former section twenty-eight hundred seven-n of

this article from the respective health care initiatives pools

established for the following periods in the following percentage

amounts of funds remaining after allocations in accordance with

paragraphs (a) through (f) of this subdivision:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, six and thirty-five-hundredths percent;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, six and thirty-five-hundredths percent; and

(iii) from the pool for the period January first, nineteen hundred

ninety-nine through December thirty-first, nineteen hundred ninety-nine,

six and forty-five-hundredths percent.

(k) Funds shall be reserved and accumulated from year to year and

shall be available, including income from invested funds, for

allocations and distributions in accordance with section twenty-eight

hundred seven-p of this article for diagnostic and treatment center

uncompensated care from the respective health care initiatives pools or

the health care reform act (HCRA) resources fund, whichever is

applicable, for the following periods in the following percentage

amounts of funds remaining after allocations in accordance with

paragraphs (a) through (f) of this subdivision, and for periods on and

after January first, two thousand, in the following amounts:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, thirty-eight and one-tenth percent;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, thirty-eight and one-tenth percent;

(iii) from the pool for the period January first, nineteen hundred

ninety-nine through December thirty-first, nineteen hundred ninety-nine,

thirty-eight and seventy-one-hundredths percent;

(iv) from the pool for the periods January first, two thousand through

December thirty-first, two thousand two, forty-eight million dollars

annually, and for the period January first, two thousand three through

June thirtieth, two thousand three, twenty-four million dollars;

(v) (A) from the pool or the health care reform act (HCRA) resources

fund, whichever is applicable, for the period July first, two thousand

three through December thirty-first, two thousand three, up to six

million dollars, for the period January first, two thousand four through

December thirty-first, two thousand six, up to twelve million dollars

annually, for the period January first, two thousand seven through

December thirty-first, two thousand thirteen, up to forty-eight million

dollars annually, for the period January first, two thousand fourteen

through March thirty-first, two thousand fourteen, up to twelve million

dollars for the period April first, two thousand fourteen through March

thirty-first, two thousand seventeen, up to forty-eight million dollars

annually, for the period April first, two thousand seventeen through

March thirty-first, two thousand twenty, up to forty-eight million

dollars annually, for the period April first, two thousand twenty

through March thirty-first, two thousand twenty-three, up to forty-eight

million dollars annually, for the period April first, two thousand

twenty-three through March thirty-first, two thousand twenty-six, up to

forty-eight million dollars annually, and for the period April first,

two thousand twenty-six through March thirty-first, two thousand

twenty-nine, up to forty-eight million dollars annually;

(B) from the health care reform act (HCRA) resources fund for the

period January first, two thousand six through December thirty-first,

two thousand six, an additional seven million five hundred thousand

dollars, for the period January first, two thousand seven through

December thirty-first, two thousand thirteen, an additional seven

million five hundred thousand dollars annually, for the period January

first, two thousand fourteen through March thirty-first, two thousand

fourteen, an additional one million eight hundred seventy-five thousand

dollars, for the period April first, two thousand fourteen through March

thirty-first, two thousand seventeen, an additional seven million five

hundred thousand dollars annually, for the period April first, two

thousand seventeen through March thirty-first, two thousand twenty, an

additional seven million five hundred thousand dollars annually, for the

period April first, two thousand twenty through March thirty-first, two

thousand twenty-three, an additional seven million five hundred thousand

dollars annually, for the period April first, two thousand twenty-three

through March thirty-first, two thousand twenty-six, an additional seven

million five hundred thousand dollars annually, and for the period April

first, two thousand twenty-six through March thirty-first, two thousand

twenty-nine, an additional seven million five hundred thousand dollars

annually for voluntary non-profit diagnostic and treatment center

uncompensated care in accordance with subdivision four-c of section

twenty-eight hundred seven-p of this article; and

(vi) funds reserved and accumulated pursuant to this paragraph for

periods on and after July first, two thousand three, shall be deposited

by the commissioner, within amounts appropriated, and the state

comptroller is hereby authorized and directed to receive for deposit to

the credit of the state special revenue funds - other, HCRA transfer

fund, medical assistance account, for purposes of funding the state

share of rate adjustments made pursuant to section twenty-eight hundred

seven-p of this article, provided, however, that in the event federal

financial participation is not available for rate adjustments made

pursuant to paragraph (b) of subdivision one of section twenty-eight

hundred seven-p of this article, funds shall be distributed pursuant to

paragraph (a) of subdivision one of section twenty-eight hundred seven-p

of this article from the respective health care initiatives pools or the

health care reform act (HCRA) resources fund, whichever is applicable.

(l) Funds shall be reserved and accumulated from year to year by the

commissioner and shall be available, including income from invested

funds, for transfer to and allocation for services and expenses for the

payment of benefits to recipients of drugs under the AIDS drug

assistance program (ADAP) - HIV uninsured care program as administered

by Health Research Incorporated from the respective health care

initiatives pools or the health care reform act (HCRA) resources fund,

whichever is applicable, established for the following periods in the

following percentage amounts of funds remaining after allocations in

accordance with paragraphs (a) through (f) of this subdivision, and for

periods on and after January first, two thousand, in the following

amounts:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, nine and fifty-two-hundredths percent;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, nine and fifty-two-hundredths percent;

(iii) from the pool for the period January first, nineteen hundred

ninety-nine and December thirty-first, nineteen hundred ninety-nine,

nine and sixty-eight-hundredths percent;

(iv) from the pool for the periods January first, two thousand through

December thirty-first, two thousand two, up to twelve million dollars

annually, and for the period January first, two thousand three through

December thirty-first, two thousand three, up to forty million dollars;

and

(v) from the pool or the health care reform act (HCRA) resources fund,

whichever is applicable, for the periods January first, two thousand

four through December thirty-first, two thousand four, up to fifty-six

million dollars, for the period January first, two thousand five through

December thirty-first, two thousand six, up to sixty million dollars

annually, for the period January first, two thousand seven through

December thirty-first, two thousand ten, up to sixty million dollars

annually, for the period January first, two thousand eleven through

March thirty-first, two thousand eleven, up to fifteen million dollars,

each state fiscal year for the period April first, two thousand eleven

through March thirty-first, two thousand fourteen, up to forty-two

million three hundred thousand dollars and up to forty-one million fifty

thousand dollars each state fiscal year for the period April first, two

thousand fourteen through March thirty-first, two thousand twenty-nine.

(m) Funds shall be reserved and accumulated from year to year and

shall be available, including income from invested funds, for purposes

of distributions pursuant to section twenty-eight hundred seven-r of

this article for cancer related services from the respective health care

initiatives pools or the health care reform act (HCRA) resources fund,

whichever is applicable, established for the following periods in the

following percentage amounts of funds remaining after allocations in

accordance with paragraphs (a) through (f) of this subdivision, and for

periods on and after January first, two thousand, in the following

amounts:

(i) from the pool for the period January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-seven, seven and ninety-four-hundredths percent;

(ii) from the pool for the period January first, nineteen hundred

ninety-eight through December thirty-first, nineteen hundred

ninety-eight, seven and ninety-four-hundredths percent;

(iii) from the pool for the period January first, nineteen hundred

ninety-nine and December thirty-first, nineteen hundred ninety-nine, six

and forty-five-hundredths percent;

(iv) from the pool for the period January first, two thousand through

December thirty-first, two thousand two, up to ten million dollars on an

annual basis;

(v) from the pool for the period January first, two thousand three

through December thirty-first, two thousand four, up to eight million

nine hundred fifty thousand dollars on an annual basis;

(vi) from the pool or the health care reform act (HCRA) resources

fund, whichever is applicable, for the period January first, two

thousand five through December thirty-first, two thousand six, up to ten

million fifty thousand dollars on an annual basis, for the period

January first, two thousand seven through December thirty-first, two

thousand ten, up to nineteen million dollars annually, and for the

period January first, two thousand eleven through March thirty-first,

two thousand eleven, up to four million seven hundred fifty thousand

dollars.

(n) Funds shall be accumulated and transferred from the health care

reform act (HCRA) resources fund as follows: for the period April first,

two thousand seven through March thirty-first, two thousand eight, and

on an annual basis for the periods April first, two thousand eight

through November thirtieth, two thousand nine, funds within amounts

appropriated shall be transferred and deposited and credited to the

credit of the state special revenue funds - other, HCRA transfer fund,

medical assistance account, for purposes of funding the state share of

rate adjustments made to public and voluntary hospitals in accordance

with paragraphs (i) and (j) of subdivision one of section twenty-eight

hundred seven-c of this article.

2. Notwithstanding any inconsistent provision of law, rule or

regulation, any funds accumulated in the health care initiatives pools

pursuant to paragraph (b) of subdivision nine of section twenty-eight

hundred seven-j of this article, as a result of surcharges, assessments

or other obligations during the periods January first, nineteen hundred

ninety-seven through December thirty-first, nineteen hundred

ninety-nine, which are unused or uncommitted for distributions pursuant

to this section shall be reserved and accumulated from year to year by

the commissioner and, within amounts appropriated, transferred and

deposited into the special revenue funds - other, miscellaneous special

revenue fund - 339, child health insurance account or any successor fund

or account, for purposes of distributions to implement the child health

insurance program established pursuant to sections twenty-five hundred

ten and twenty-five hundred eleven of this chapter for periods on and

after January first, two thousand one; provided, however, funds reserved

and accumulated for priority distributions pursuant to subparagraph

(iii) of paragraph (c) of subdivision one of this section shall not be

transferred and deposited into such account pursuant to this

subdivision; and provided further, however, that any unused or

uncommitted pool funds accumulated and allocated pursuant to paragraph

(j) of subdivision one of this section shall be distributed for purposes

of the health information and quality improvement act of 2000.

3. Revenue from distributions pursuant to this section shall not be

included in gross revenue received for purposes of the assessments

pursuant to subdivision eighteen of section twenty-eight hundred seven-c

of this article, subject to the provisions of paragraph (e) of

subdivision eighteen of section twenty-eight hundred seven-c of this

article, and shall not be included in gross revenue received for

purposes of the assessments pursuant to section twenty-eight hundred

seven-d of this article, subject to the provisions of subdivision twelve

of section twenty-eight hundred seven-d of this article.