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N.Y. Public Health Law § 2807-v: Tobacco control and insurance initiatives pool distributions

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  1. Public Health Law
  2. Article 28. Hospitals

§ 2807-v. Tobacco control and insurance initiatives pool

distributions. 1. Funds accumulated in the tobacco control and

insurance initiatives pool or in 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 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, medicaid fraud hotline and

medicaid administration account, or any successor fund or account, for

purposes of services and expenses related to the toll-free medicaid

fraud hotline established pursuant to section one hundred eight of

chapter one of the laws of nineteen hundred ninety-nine from the tobacco

control and insurance initiatives pool established for the following

periods in the following amounts: four hundred thousand dollars annually

for the periods January first, two thousand through December

thirty-first, two thousand two, up to four hundred thousand dollars for

the period January first, two thousand three through December

thirty-first, two thousand three, up to four hundred thousand dollars

for the period January first, two thousand four through December

thirty-first, two thousand four, up to four hundred thousand dollars for

the period January first, two thousand five through December

thirty-first, two thousand five, up to four hundred thousand dollars for

the period January first, two thousand six through December

thirty-first, two thousand six, up to four hundred thousand dollars for

the period January first, two thousand seven through December

thirty-first, two thousand seven, up to four hundred thousand dollars

for the period January first, two thousand eight through December

thirty-first, two thousand eight, up to four hundred thousand dollars

for the period January first, two thousand nine through December

thirty-first, two thousand nine, up to four hundred thousand dollars for

the period January first, two thousand ten through December

thirty-first, two thousand ten, up to one hundred thousand dollars for

the period January first, two thousand eleven through March

thirty-first, two thousand eleven and within amounts appropriated on and

after April first, two thousand eleven.

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

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

of payment of audits or audit contracts necessary to determine payor and

provider compliance with requirements set forth in sections twenty-eight

hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred

seven-t of this article from the tobacco control and insurance

initiatives pool established for the following periods in the following

amounts: five million six hundred thousand 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 five million dollars for the period January first, two thousand four

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

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 seven million eight hundred thousand dollars for

the period January first, two thousand seven through December

thirty-first, two thousand seven, and up to eight million three hundred

twenty-five thousand dollars for the period January first, two thousand

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

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

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

eight million five hundred thousand dollars for the period January

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

up to two million one hundred twenty-five thousand dollars for the

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

two thousand eleven, up to fourteen million seven hundred thousand

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

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

million one hundred thousand dollars each state fiscal year for the

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

two thousand seventeen, up to eleven million one hundred thousand

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

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

million one 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 eleven million one 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 eleven million one hundred thousand dollars each state fiscal year

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

thirty-first, two thousand twenty-nine.

(c) Funds 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, enhanced community services

account, or any successor fund or account, for mental health services

programs for case management services for adults and children; supported

housing; home and community based waiver services; family based

treatment; family support services; mobile mental health teams;

transitional housing; and community oversight, established pursuant to

articles seven and forty-one of the mental hygiene law and subdivision

nine of section three hundred sixty-six of the social services law; and

for comprehensive care centers for eating disorders pursuant to the

former section twenty-seven hundred ninety-nine-l of this chapter,

provided however that, for such centers, funds in the amount of five

hundred thousand dollars on an annualized basis shall be transferred

from the enhanced community services account, or any successor fund or

account, and deposited into the fund established by section

ninety-five-e of the state finance law; from the tobacco control and

insurance initiatives pool established for the following periods in the

following amounts:

(i) forty-eight million dollars to be reserved, to be retained or for

distribution pursuant to a chapter of the laws of two thousand, for the

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

thousand;

(ii) eighty-seven million dollars to be reserved, to be retained or

for distribution pursuant to a chapter of the laws of two thousand one,

for the period January first, two thousand one through December

thirty-first, two thousand one;

(iii) eighty-seven million dollars to be reserved, to be retained or

for distribution pursuant to a chapter of the laws of two thousand two,

for the period January first, two thousand two through December

thirty-first, two thousand two;

(iv) eighty-eight million dollars to be reserved, to be retained or

for distribution pursuant to a chapter of the laws of two thousand

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

thirty-first, two thousand three;

(v) eighty-eight million dollars, plus five hundred thousand dollars,

to be reserved, to be retained or for distribution pursuant to a chapter

of the laws of two thousand four, and pursuant to the former section

twenty-seven hundred ninety-nine-l of this chapter, for the period

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

thousand four;

(vi) eighty-eight million dollars, plus five hundred thousand dollars,

to be reserved, to be retained or for distribution pursuant to a chapter

of the laws of two thousand five, and pursuant to the former section

twenty-seven hundred ninety-nine-l of this chapter, for the period

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

thousand five;

(vii) eighty-eight million dollars, plus five hundred thousand

dollars, to be reserved, to be retained or for distribution pursuant to

a chapter of the laws of two thousand six, and pursuant to former

section twenty-seven hundred ninety-nine-l of this chapter, for the

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

two thousand six;

(viii) eighty-six million four hundred thousand dollars, plus five

hundred thousand dollars, to be reserved, to be retained or for

distribution pursuant to a chapter of the laws of two thousand seven and

pursuant to the former section twenty-seven hundred ninety-nine-l of

this chapter, for the period January first, two thousand seven through

December thirty-first, two thousand seven; and

(ix) twenty-two million nine hundred thirteen thousand dollars, plus

one hundred twenty-five thousand dollars, to be reserved, to be retained

or for distribution pursuant to a chapter of the laws of two thousand

eight and pursuant to the former section twenty-seven hundred

ninety-nine-l of this chapter, for the period January first, two

thousand eight through March thirty-first, two thousand eight.

(d) Funds 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,

or any successor fund or account, for purposes of funding the state

share of services and expenses related to the family health plus program

including up to two and one-half million dollars annually for the period

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

two, for administration and marketing costs associated with such program

established pursuant to clause (A) of subparagraph (v) of paragraph (a)

of subdivision two of former section three hundred sixty-nine-ee of the

social services law from the tobacco control and insurance initiatives

pool established for the following periods in the following amounts:

(i) three million five hundred thousand dollars for the period January

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

(ii) twenty-seven million dollars for the period January first, two

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

(iii) fifty-seven million dollars for the period January first, two

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

(e) Funds 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,

or any successor fund or account, for purposes of funding the state

share of services and expenses related to the family health plus program

including up to two and one-half million dollars annually for the period

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

two for administration and marketing costs associated with such program

established pursuant to clause (B) of subparagraph (v) of paragraph (a)

of subdivision two of former section three hundred sixty-nine-ee of the

social services law from the tobacco control and insurance initiatives

pool established for the following periods in the following amounts:

(i) two million five hundred thousand dollars for the period January

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

(ii) thirty million five hundred thousand dollars for the period

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

thousand one; and

(iii) sixty-six million dollars for the period January first, two

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

(f) Funds 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, medicaid fraud hotline and

medicaid administration account, or any successor fund or account, for

purposes of payment of administrative expenses of the department related

to the family health plus program established pursuant to former section

three hundred sixty-nine-ee of the social services law from the tobacco

control and insurance initiatives pool established for the following

periods in the following amounts: five hundred thousand dollars on an

annual basis for the periods January first, two thousand through

December thirty-first, two thousand six, five hundred thousand dollars

for the period January first, two thousand seven through December

thirty-first, two thousand seven, and five hundred thousand dollars for

the period January first, two thousand eight through December

thirty-first, two thousand eight, five hundred thousand dollars for the

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

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

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

one hundred twenty-five thousand dollars for the period January first,

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

within amounts appropriated on and after April first, two thousand

eleven.

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

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

of services and expenses related to the health maintenance organization

direct pay market program established pursuant to sections four thousand

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

of the insurance law from the tobacco control and insurance initiatives

pool established for the following periods in the following amounts:

(i) up to thirty-five million dollars for the period January first,

two thousand through December thirty-first, two thousand of which fifty

percentum shall be allocated to the program pursuant to section four

thousand three hundred twenty-one-a of the insurance law and fifty

percentum to the program pursuant to section four thousand three hundred

twenty-two-a of the insurance law;

(ii) up to thirty-six million dollars for the period January first,

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

which fifty percentum shall be allocated to the program pursuant to

section four thousand three hundred twenty-one-a of the insurance law

and fifty percentum to the program pursuant to section four thousand

three hundred twenty-two-a of the insurance law;

(iii) up to thirty-nine million dollars for the period January first,

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

which fifty percentum shall be allocated to the program pursuant to

section four thousand three hundred twenty-one-a of the insurance law

and fifty percentum to the program pursuant to section four thousand

three hundred twenty-two-a of the insurance law;

(iv) up to forty million dollars for the period January first, two

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

which fifty percentum shall be allocated to the program pursuant to

section four thousand three hundred twenty-one-a of the insurance law

and fifty percentum to the program pursuant to section four thousand

three hundred twenty-two-a of the insurance law;

(v) up to forty million dollars for the period January first, two

thousand four through December thirty-first, two thousand four of which

fifty percentum shall be allocated to the program pursuant to section

four thousand three hundred twenty-one-a of the insurance law and fifty

percentum to the program pursuant to section four thousand three hundred

twenty-two-a of the insurance law;

(vi) up to forty million dollars for the period January first, two

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

fifty percentum shall be allocated to the program pursuant to section

four thousand three hundred twenty-one-a of the insurance law and fifty

percentum to the program pursuant to section four thousand three hundred

twenty-two-a of the insurance law;

(vii) up to forty million dollars for the period January first, two

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

fifty percentum shall be allocated to the program pursuant to section

four thousand three hundred twenty-one-a of the insurance law and fifty

percentum shall be allocated to the program pursuant to section four

thousand three hundred twenty-two-a of the insurance law;

(viii) up to forty million dollars for the period January first, two

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

which fifty percentum shall be allocated to the program pursuant to

section four thousand three hundred twenty-one-a of the insurance law

and fifty percentum shall be allocated to the program pursuant to

section four thousand three hundred twenty-two-a of the insurance law;

and

(ix) up to forty million dollars for the period January first, two

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

which fifty per centum shall be allocated to the program pursuant to

section four thousand three hundred twenty-one-a of the insurance law

and fifty per centum shall be allocated to the program pursuant to

section four thousand three hundred twenty-two-a of the insurance law.

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

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

of services and expenses related to the healthy New York individual

program established pursuant to sections four thousand three hundred

twenty-six and four thousand three hundred twenty-seven of the insurance

law from the tobacco control and insurance initiatives pool established

for the following periods in the following amounts:

(i) up to six million dollars for the period January first, two

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

(ii) up to twenty-nine million dollars for the period January first,

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

(iii) up to five million one hundred thousand dollars for the period

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

thousand three;

(iv) up to twenty-four million six hundred thousand dollars for the

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

two thousand four;

(v) up to thirty-four million six hundred thousand dollars for the

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

two thousand five;

(vi) up to fifty-four million eight hundred thousand dollars for the

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

two thousand six;

(vii) up to sixty-one million seven hundred thousand dollars for the

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

two thousand seven; and

(viii) up to one hundred three million seven hundred fifty thousand

dollars for the period January first, two thousand eight through

December thirty-first, two thousand eight.

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

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

of services and expenses related to the healthy New York group program

established pursuant to sections four thousand three hundred twenty-six

and four thousand three hundred twenty-seven of the insurance law from

the tobacco control and insurance initiatives pool established for the

following periods in the following amounts:

(i) up to thirty-four million dollars for the period January first,

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

(ii) up to seventy-seven million dollars for the period January first,

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

(iii) up to ten million five hundred thousand dollars for the period

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

thousand three;

(iv) up to twenty-four million six hundred thousand dollars for the

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

two thousand four;

(v) up to thirty-four million six hundred thousand dollars for the

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

two thousand five;

(vi) up to fifty-four million eight hundred thousand dollars for the

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

two thousand six;

(vii) up to sixty-one million seven hundred thousand dollars for the

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

two thousand seven; and

(viii) up to one hundred three million seven hundred fifty thousand

dollars for the period January first, two thousand eight through

December thirty-first, two thousand eight.

* (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of

this subdivision, the commissioner shall reserve and accumulate up to

two million five hundred thousand dollars annually for the periods

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

thousand six, one million four hundred thousand dollars for the period

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

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

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

funds otherwise available for distribution under such paragraphs for the

services and expenses related to the pilot program for entertainment

industry employees included in subsection (b) of section one thousand

one hundred twenty-two of the insurance law, and an additional seven

hundred thousand dollars annually for the periods January first, two

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

additional three hundred thousand dollars for the period January first,

two thousand seven through June thirtieth, two thousand seven for

services and expenses related to the pilot program for displaced workers

included in subsection (c) of section one thousand one hundred

twenty-two of the insurance law.

* NB Repealed July 1, 2027

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

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

of services and expenses related to the tobacco use prevention and

control program established pursuant to sections thirteen hundred

ninety-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from

the tobacco control and insurance initiatives pool established for the

following periods in the following amounts:

(i) up to thirty million dollars for the period January first, two

thousand through December thirty-first, two thousand;

(ii) up to forty million dollars for the period January first, two

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

(iii) up to forty million dollars for the period January first, two

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

(iv) up to thirty-six million nine hundred fifty thousand dollars for

the period January first, two thousand three through December

thirty-first, two thousand three;

(v) up to thirty-six million nine hundred fifty thousand dollars for

the period January first, two thousand four through December

thirty-first, two thousand four;

(vi) up to forty million six hundred thousand dollars for the period

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

thousand five;

(vii) up to eighty-one million nine hundred thousand dollars for the

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

two thousand six, provided, however, that within amounts appropriated, a

portion of such funds may be transferred to the Roswell Park Cancer

Institute Corporation to support costs associated with cancer research;

(viii) up to ninety-four million one hundred fifty thousand dollars

for the period January first, two thousand seven through December

thirty-first, two thousand seven, provided, however, that within amounts

appropriated, a portion of such funds may be transferred to the Roswell

Park Cancer Institute Corporation to support costs associated with

cancer research;

(ix) up to ninety-four million one hundred fifty thousand dollars for

the period January first, two thousand eight through December

thirty-first, two thousand eight;

(x) up to ninety-four million one hundred fifty thousand dollars for

the period January first, two thousand nine through December

thirty-first, two thousand nine;

(xi) up to eighty-seven million seven hundred seventy-five thousand

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

thirty-first, two thousand ten;

(xii) up to twenty-one million four hundred twelve thousand dollars

for the period January first, two thousand eleven through March

thirty-first, two thousand eleven;

(xiii) up to fifty-two million one hundred thousand dollars each state

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

March thirty-first, two thousand fourteen;

(xiv) up to six million dollars each state fiscal year for the period

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

thousand seventeen;

(xv) up to six million dollars each state fiscal year for the period

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

thousand twenty;

(xvi) up to six million dollars each state fiscal year for the period

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

thousand twenty-three;

(xvii) up to six million dollars each state fiscal year for the period

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

thousand twenty-six; and

(xviii) up to six million dollars each state fiscal year for the

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

two thousand twenty-nine.

(k) Funds 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 fund - other, HCRA transfer fund, health care services account,

or any successor fund or account, for purposes of services and expenses

related to public health programs, including comprehensive care centers

for eating disorders pursuant to the former section twenty-seven hundred

ninety-nine-l of this chapter, provided however that, for such centers,

funds in the amount of five hundred thousand dollars on an annualized

basis shall be transferred from the health care services account, or any

successor fund or account, and deposited into the fund established by

section ninety-five-e of the state finance law for periods prior to

March thirty-first, two thousand eleven, from the tobacco control and

insurance initiatives pool established for the following periods in the

following amounts:

(i) up to thirty-one million dollars for the period January first, two

thousand through December thirty-first, two thousand;

(ii) up to forty-one million dollars for the period January first, two

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

(iii) up to eighty-one million dollars for the period January first,

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

(iv) one hundred twenty-two million five hundred thousand dollars for

the period January first, two thousand three through December

thirty-first, two thousand three;

(v) one hundred eight million five hundred seventy-five thousand

dollars, plus an additional five hundred thousand dollars, for the

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

two thousand four;

(vi) ninety-one million eight hundred thousand dollars, plus an

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

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

(vii) one hundred fifty-six million six hundred thousand dollars, plus

an additional five hundred thousand dollars, for the period January

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

(viii) one hundred fifty-one million four hundred thousand dollars,

plus an additional five hundred thousand dollars, for the period January

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

seven;

(ix) one hundred sixteen million nine hundred forty-nine thousand

dollars, plus an additional five hundred thousand dollars, for the

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

two thousand eight;

(x) one hundred sixteen million nine hundred forty-nine thousand

dollars, plus an additional five hundred thousand dollars, for the

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

two thousand nine;

(xi) one hundred sixteen million nine hundred forty-nine thousand

dollars, plus an additional five hundred thousand dollars, for the

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

two thousand ten;

(xii) twenty-nine million two hundred thirty-seven thousand two

hundred fifty dollars, plus an additional one hundred twenty-five

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

through March thirty-first, two thousand eleven;

(xiii) one hundred twenty million thirty-eight thousand dollars for

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

two thousand twelve; and

(xiv) one hundred nineteen million four hundred seven thousand dollars

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

through March thirty-first, two thousand fourteen.

(l) Funds 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,

or any successor fund or account, for purposes of funding the state

share of the personal care and certified home health agency rate or fee

increases established pursuant to subdivision three of section three

hundred sixty-seven-o of the social services law from the tobacco

control and insurance initiatives pool established for the following

periods in the following amounts:

(i) twenty-three million two hundred thousand dollars for the period

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

(ii) twenty-three million two hundred thousand dollars for the period

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

thousand one;

(iii) twenty-three million two hundred thousand dollars for the period

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

thousand two;

(iv) up to sixty-five million two hundred thousand dollars for the

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

two thousand three;

(v) up to sixty-five million two hundred thousand dollars for the

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

two thousand four;

(vi) up to sixty-five million two hundred thousand dollars for the

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

two thousand five;

(vii) up to sixty-five million two hundred thousand dollars for the

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

two thousand six;

(viii) up to sixty-five million two hundred thousand dollars for the

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

two thousand seven; and

(ix) up to sixteen million three hundred thousand dollars for the

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

thousand eight.

(m) Funds 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,

or any successor fund or account, for purposes of funding the state

share of services and expenses related to home care workers insurance

pilot demonstration programs established pursuant to subdivision two of

section three hundred sixty-seven-o of the social services law from the

tobacco control and insurance initiatives pool established for the

following periods in the following amounts:

(i) three million eight hundred thousand dollars for the period

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

(ii) three million eight hundred thousand dollars for the period

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

thousand one;

(iii) three million eight hundred thousand dollars for the period

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

thousand two;

(iv) up to three million eight hundred thousand dollars for the period

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

thousand three;

(v) up to three million eight hundred thousand dollars for the period

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

thousand four;

(vi) up to three million eight hundred thousand dollars for the period

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

thousand five;

(vii) up to three million eight hundred thousand dollars for the

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

two thousand six;

(viii) up to three million eight hundred thousand dollars for the

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

two thousand seven; and

(ix) up to nine hundred fifty thousand dollars for the period January

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

eight.

(n) Funds shall be transferred by the commissioner and shall be

deposited to the credit of the special revenue funds - other,

miscellaneous special revenue fund - 339, elderly pharmaceutical

insurance coverage program premium account authorized pursuant to the

provisions of title three of article two of the elder law, or any

successor fund or account, for funding state expenses relating to the

program from the tobacco control and insurance initiatives pool

established for the following periods in the following amounts:

(i) one hundred seven million dollars for the period January first,

two thousand through December thirty-first, two thousand;

(ii) one hundred sixty-four million dollars for the period January

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

(iii) three hundred twenty-two million seven hundred thousand dollars

for the period January first, two thousand two through December

thirty-first, two thousand two;

(iv) four hundred thirty-three million three hundred thousand dollars

for the period January first, two thousand three through December

thirty-first, two thousand three;

(v) five hundred four million one hundred fifty thousand dollars for

the period January first, two thousand four through December

thirty-first, two thousand four;

(vi) five hundred sixty-six million eight hundred thousand dollars for

the period January first, two thousand five through December

thirty-first, two thousand five;

(vii) six hundred three million one hundred fifty thousand dollars for

the period January first, two thousand six through December

thirty-first, two thousand six;

(viii) six hundred sixty million eight hundred thousand dollars for

the period January first, two thousand seven through December

thirty-first, two thousand seven;

(ix) three hundred sixty-seven million four hundred sixty-three

thousand dollars for the period January first, two thousand eight

through December thirty-first, two thousand eight;

(x) three hundred thirty-four million eight hundred twenty-five

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

December thirty-first, two thousand nine;

(xi) three hundred forty-four million nine hundred thousand dollars

for the period January first, two thousand ten through December

thirty-first, two thousand ten;

(xii) eighty-seven million seven hundred eighty-eight thousand dollars

for the period January first, two thousand eleven through March

thirty-first, two thousand eleven;

(xiii) one hundred forty-three million one hundred fifty thousand

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

thirty-first, two thousand twelve;

(xiv) one hundred twenty million nine hundred fifty thousand dollars

for the period April first, two thousand twelve through March

thirty-first, two thousand thirteen;

(xv) one hundred twenty-eight million eight hundred fifty thousand

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

thirty-first, two thousand fourteen;

(xvi) one hundred twenty-seven million four hundred sixteen thousand

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

fourteen through March thirty-first, two thousand seventeen;

(xvii) one hundred twenty-seven million four hundred sixteen thousand

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

seventeen through March thirty-first, two thousand twenty;

(xviii) one hundred twenty-seven million four hundred sixteen thousand

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

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

(xix) one hundred twenty-seven million four hundred sixteen thousand

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

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

(xx) one hundred twenty-seven million four hundred sixteen thousand

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

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

(o) Funds shall be reserved and accumulated and shall be transferred

to the Roswell Park Cancer Institute Corporation, from the tobacco

control and insurance initiatives pool established for the following

periods in the following amounts:

(i) up to ninety million dollars for the period January first, two

thousand through December thirty-first, two thousand;

(ii) up to sixty million dollars for the period January first, two

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

(iii) up to eighty-five million dollars for the period January first,

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

(iv) eighty-five million two hundred fifty thousand dollars for the

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

two thousand three;

(v) seventy-eight million dollars for the period January first, two

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

(vi) seventy-eight million dollars for the period January first, two

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

(vii) ninety-one million dollars for the period January first, two

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

(viii) seventy-eight million dollars for the period January first, two

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

(ix) seventy-eight million dollars for the period January first, two

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

(x) seventy-eight million dollars for the period January first, two

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

(xi) seventy-eight million dollars for the period January first, two

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

(xii) nineteen million five hundred thousand dollars for the period

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

thousand eleven;

(xiii) sixty-nine million eight hundred forty thousand dollars each

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

through March thirty-first, two thousand fourteen;

(xiv) up to ninety-six million six hundred thousand dollars each state

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

March thirty-first, two thousand seventeen;

(xv) up to ninety-six million six hundred thousand dollars each state

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

March thirty-first, two thousand twenty;

(xvi) up to ninety-six million six hundred thousand dollars each state

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

March thirty-first, two thousand twenty-three;

(xvii) up to ninety-six million six 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

(xviii) up to ninety-six million six hundred thousand dollars each

state fiscal year for the period April first, two thousand twenty-six

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

(p) Funds 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, indigent care fund - 068, indigent care account,

or any successor fund or account, for purposes of providing a medicaid

disproportionate share payment from the high need indigent care

adjustment pool established pursuant to section twenty-eight hundred

seven-w of this article, from the tobacco control and insurance

initiatives pool established for the following periods in the following

amounts:

(i) eighty-two million dollars annually for the periods January first,

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

(ii) up to eighty-two million dollars for the period January first,

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

(iii) up to eighty-two million dollars for the period January first,

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

(iv) up to eighty-two million dollars for the period January first,

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

(v) up to eighty-two million dollars for the period January first, two

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

(vi) up to eighty-two million dollars for the period January first,

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

(vii) up to eighty-two million dollars for the period January first,

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

(viii) up to eighty-two million dollars for the period January first,

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

(ix) up to eighty-two million dollars for the period January first,

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

(x) up to twenty million five hundred thousand dollars for the period

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

thousand eleven; and

(xi) up to eighty-two million dollars each state fiscal year for the

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

thousand fourteen.

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

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

of providing distributions to eligible school based health centers

established pursuant to section eighty-eight of chapter one of the laws

of nineteen hundred ninety-nine, from the tobacco control and insurance

initiatives pool established for the following periods in the following

amounts:

(i) seven million dollars annually for the period January first, two

thousand through December thirty-first, two thousand two;

(ii) up to seven million dollars for the period January first, two

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

(iii) up to seven million dollars for the period January first, two

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

(iv) up to seven million dollars for the period January first, two

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

(v) up to seven million dollars for the period January first, two

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

(vi) up to seven million dollars for the period January first, two

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

(vii) up to seven million dollars for the period January first, two

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

(viii) up to seven million dollars for the period January first, two

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

(ix) up to seven million dollars for the period January first, two

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

(x) up to one million seven hundred fifty thousand dollars for the

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

two thousand eleven;

(xi) up to five million six hundred thousand dollars each state fiscal

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

thirty-first, two thousand fourteen;

(xii) up to five million two hundred eighty-eight thousand dollars

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

through March thirty-first, two thousand seventeen;

(xiii) up to five million two hundred eighty-eight thousand dollars

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

seventeen through March thirty-first, two thousand twenty;

(xiv) up to five million two hundred eighty-eight thousand dollars

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

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

(xv) up to five million two hundred eighty-eight thousand dollars each

state fiscal year for the period April first, two thousand twenty-three

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

(xvi) up to five million two hundred eighty-eight thousand dollars

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

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

(r) Funds 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,

or any successor fund or account, for purposes of providing

distributions for supplementary medical insurance for Medicare part B

premiums, physicians services, outpatient services, medical equipment,

supplies and other health services, from the tobacco control and

insurance initiatives pool established for the following periods in the

following amounts:

(i) forty-three million dollars for the period January first, two

thousand through December thirty-first, two thousand;

(ii) sixty-one million dollars for the period January first, two

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

(iii) sixty-five million dollars for the period January first, two

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

(iv) sixty-seven million five hundred thousand dollars for the period

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

thousand three;

(v) sixty-eight million dollars for the period January first, two

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

(vi) sixty-eight million dollars for the period January first, two

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

(vii) sixty-eight million dollars for the period January first, two

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

(viii) seventeen million five hundred thousand dollars for the period

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

thousand seven;

(ix) sixty-eight million dollars for the period January first, two

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

(x) sixty-eight million dollars for the period January first, two

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

(xi) sixty-eight million dollars for the period January first, two

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

(xii) seventeen million dollars for the period January first, two

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

(xiii) sixty-eight million dollars each state fiscal year for the

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

thousand fourteen.

(s) Funds 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,

or any successor fund or account, for purposes of providing

distributions pursuant to paragraphs (s-5), (s-6), (s-7) and (s-8) of

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

article from the tobacco control and insurance initiatives pool

established for the following periods in the following amounts:

(i) eighteen million dollars for the period January first, two

thousand through December thirty-first, two thousand;

(ii) twenty-four million dollars annually for the periods January

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

(iii) up to twenty-four million dollars for the period January first,

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

(iv) up to twenty-four million dollars for the period January first,

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

(v) up to twenty-four million dollars for the period January first,

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

(vi) up to twenty-four million dollars for the period January first,

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

(vii) up to twenty-four million dollars for the period January first,

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

(viii) up to twenty-four million dollars for the period January first,

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

and

(ix) up to twenty-two million dollars for the period January first,

two thousand nine through November thirtieth, two thousand nine.

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

commissioner and shall be made available, including income from invested

funds:

(i) For the purpose of making grants to a state owned and operated

medical school which does not have a state owned and operated hospital

on site and available for teaching purposes. Notwithstanding sections

one hundred twelve and one hundred sixty-three of the state finance law,

such grants shall be made in the amount of up to five hundred thousand

dollars for the period January first, two thousand through December

thirty-first, two thousand;

(ii) For the purpose of making grants to medical schools pursuant to

section eighty-six-a of chapter one of the laws of nineteen hundred

ninety-nine in the sum of up to four million dollars for the period

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

and

(iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of

this paragraph from the tobacco control and insurance initiatives pool

are contingent upon meeting all funding amounts established pursuant to

paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)

and (s) of this subdivision, paragraph (a) of subdivision nine of

section twenty-eight hundred seven-j of this article, and paragraphs

(a), (i) and (k) of subdivision one of section twenty-eight hundred

seven-l of this article.

(u) Funds 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,

or any successor fund or account, for purposes of funding the state

share of services and expenses related to the nursing home quality

improvement demonstration program established pursuant to section

twenty-eight hundred eight-d of this article from the tobacco control

and insurance initiatives pool established for the following periods in

the following amounts:

(i) up to twenty-five million dollars for the period beginning April

first, two thousand two and ending December thirty-first, two thousand

two, and on an annualized basis, for each annual period thereafter

beginning January first, two thousand three and ending December

thirty-first, two thousand four;

(ii) up to eighteen million seven hundred fifty thousand dollars for

the period January first, two thousand five through December

thirty-first, two thousand five; and

(iii) up to fifty-six million five hundred thousand dollars for the

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

two thousand six.

(v) Funds shall be transferred by the commissioner and shall be

deposited to the credit of the hospital excess liability pool created

pursuant to section eighteen of chapter two hundred sixty-six of the

laws of nineteen hundred eighty-six, or any successor fund or account,

for purposes of expenses related to the purchase of excess medical

malpractice insurance and the cost of administrating the pool, including

costs associated with the risk management program established pursuant

to section forty-two of part A of chapter one of the laws of two

thousand two required by paragraph (a) of subdivision one of section

eighteen of chapter two hundred sixty-six of the laws of nineteen

hundred eighty-six as may be amended from time to time, from the tobacco

control and insurance initiatives pool established for the following

periods in the following amounts:

(i) up to fifty million dollars or so much as is needed for the period

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

thousand two;

(ii) up to seventy-six million seven hundred thousand dollars for the

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

two thousand three;

(iii) up to sixty-five million dollars for the period January first,

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

(iv) up to sixty-five million dollars for the period January first,

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

(v) up to one hundred thirteen million eight hundred thousand dollars

for the period January first, two thousand six through December

thirty-first, two thousand six;

(vi) up to one hundred thirty million dollars for the period January

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

seven;

(vii) up to one hundred thirty million dollars for the period January

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

eight;

(viii) up to one hundred thirty million dollars for the period January

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

nine;

(ix) up to one hundred thirty million dollars for the period January

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

(x) up to thirty-two million five hundred thousand dollars for the

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

two thousand eleven;

(xi) up to one hundred twenty-seven million four hundred thousand

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

eleven through March thirty-first, two thousand fourteen;

(xii) up to one hundred twenty-seven million four hundred thousand

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

fourteen through March thirty-first, two thousand seventeen;

(xiii) up to one hundred twenty-seven million four hundred thousand

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

seventeen through March thirty-first, two thousand twenty;

(xiv) up to one hundred twenty-seven million four hundred thousand

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

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

(xv) up to one hundred twenty-seven million four 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

(xvi) up to one hundred twenty-seven million four hundred thousand

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

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

(w) Funds 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,

or any successor fund or account, for purposes of funding the state

share of the treatment of breast and cervical cancer pursuant to

paragraph (d) of subdivision four of section three hundred sixty-six of

the social services law, from the tobacco control and insurance

initiatives pool established for the following periods in the following

amounts:

(i) up to four hundred fifty thousand dollars for the period January

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

(ii) up to two million one hundred thousand dollars for the period

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

thousand three;

(iii) up to two million one hundred thousand dollars for the period

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

thousand four;

(iv) up to two million one hundred thousand dollars for the period

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

thousand five;

(v) up to two million one hundred thousand dollars for the period

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

thousand six;

(vi) up to two million one hundred thousand dollars for the period

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

thousand seven;

(vii) up to two million one hundred thousand dollars for the period

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

thousand eight;

(viii) up to two million one hundred thousand dollars for the period

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

thousand nine;

(ix) up to two million one hundred thousand dollars for the period

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

thousand ten;

(x) up to five hundred twenty-five thousand dollars for the period

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

thousand eleven;

(xi) up to two million one hundred thousand dollars each state fiscal

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

thirty-first, two thousand fourteen;

(xii) up to two million one hundred thousand dollars each state fiscal

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

thirty-first, two thousand seventeen;

(xiii) up to two million one hundred thousand dollars each state

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

March thirty-first, two thousand twenty;

(xiv) up to two million one hundred thousand dollars each state fiscal

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

thirty-first, two thousand twenty-three;

(xv) up to two million one 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

(xvi) up to two million one hundred thousand dollars each state fiscal

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

thirty-first, two thousand twenty-nine.

(x) Funds 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,

or any successor fund or account, for purposes of funding the state

share of the non-public general hospital rates increases for recruitment

and retention of health care workers from the tobacco control and

insurance initiatives pool established for the following periods in the

following amounts:

(i) twenty-seven million one hundred thousand dollars on an annualized

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

thirty-first, two thousand two;

(ii) fifty million eight hundred thousand dollars on an annualized

basis for the period January first, two thousand three through December

thirty-first, two thousand three;

(iii) sixty-nine million three hundred thousand dollars on an

annualized basis for the period January first, two thousand four through

December thirty-first, two thousand four;

(iv) sixty-nine million three hundred thousand dollars for the period

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

thousand five;

(v) sixty-nine million three hundred thousand dollars for the period

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

thousand six;

(vi) sixty-five million three hundred thousand dollars for the period

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

thousand seven;

(vii) sixty-one million one hundred fifty thousand dollars for the

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

two thousand eight; and

(viii) forty-eight million seven hundred twenty-one thousand dollars

for the period January first, two thousand nine through November

thirtieth, two thousand nine.

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

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

of grants to public general hospitals for recruitment and retention of

health care workers pursuant to paragraph (b) of subdivision thirty of

section twenty-eight hundred seven-c of this article from the tobacco

control and insurance initiatives pool established for the following

periods in the following amounts:

(i) eighteen million five hundred thousand dollars on an annualized

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

thirty-first, two thousand two;

(ii) thirty-seven million four hundred thousand dollars on an

annualized basis for the period January first, two thousand three

through December thirty-first, two thousand three;

(iii) fifty-two million two hundred thousand dollars on an annualized

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

thirty-first, two thousand four;

(iv) fifty-two million two hundred thousand dollars for the period

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

thousand five;

(v) fifty-two million two hundred thousand dollars for the period

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

thousand six;

(vi) forty-nine million dollars for the period January first, two

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

(vii) forty-nine million dollars for the period January first, two

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

(viii) twelve million two hundred fifty thousand dollars for the

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

thousand nine.

Provided, however, amounts pursuant to this paragraph may be reduced

in an amount to be approved by the director of the budget to reflect

amounts received from the federal government under the state's 1115

waiver which are directed under its terms and conditions to the health

workforce recruitment and retention program.

(z) Funds 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,

or any successor fund or account, for purposes of funding the state

share of the non-public residential health care facility rate increases

for recruitment and retention of health care workers pursuant to

paragraph (a) of subdivision eighteen of section twenty-eight hundred

eight of this article from the tobacco control and insurance initiatives

pool established for the following periods in the following amounts:

(i) twenty-one million five hundred thousand dollars on an annualized

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

thirty-first, two thousand two;

(ii) thirty-three million three hundred thousand dollars on an

annualized basis for the period January first, two thousand three

through December thirty-first, two thousand three;

(iii) forty-six million three hundred thousand dollars on an

annualized basis for the period January first, two thousand four through

December thirty-first, two thousand four;

(iv) forty-six million three hundred thousand dollars for the period

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

thousand five;

(v) forty-six million three hundred thousand dollars for the period

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

thousand six;

(vi) thirty million nine hundred thousand dollars for the period

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

thousand seven;

(vii) twenty-four million seven hundred thousand dollars for the

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

two thousand eight;

(viii) twelve million three hundred seventy-five thousand dollars for

the period January first, two thousand nine through December

thirty-first, two thousand nine;

(ix) nine million three hundred thousand dollars for the period

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

thousand ten; and

(x) two million three hundred twenty-five thousand dollars for the

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

two thousand eleven.

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

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

of grants to public residential health care facilities for recruitment

and retention of health care workers pursuant to paragraph (b) of

subdivision eighteen of section twenty-eight hundred eight of this

article from the tobacco control and insurance initiatives pool

established for the following periods in the following amounts:

(i) seven million five hundred thousand dollars on an annualized basis

for the period January first, two thousand two through December

thirty-first, two thousand two;

(ii) eleven million seven hundred thousand dollars on an annualized

basis for the period January first, two thousand three through December

thirty-first, two thousand three;

(iii) sixteen million two hundred thousand dollars on an annualized

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

thirty-first, two thousand four;

(iv) sixteen million two hundred thousand dollars for the period

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

thousand five;

(v) sixteen million two hundred thousand dollars for the period

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

thousand six;

(vi) ten million eight hundred thousand dollars for the period January

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

seven;

(vii) six million seven hundred fifty thousand dollars for the period

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

thousand eight; and

(viii) one million three hundred fifty thousand dollars for the period

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

thousand nine.

(bb)(i) Funds shall be deposited by the commissioner, within amounts

appropriated, and subject to the availability of federal financial

participation, 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,

or any successor fund or account, for the purpose of supporting the

state share of adjustments to Medicaid rates of payment for personal

care services provided pursuant to paragraph (e) of subdivision two of

section three hundred sixty-five-a of the social services law, for local

social service districts which include a city with a population of over

one million persons and computed and distributed in accordance with

memorandums of understanding to be entered into between the state of New

York and such local social service districts for the purpose of

supporting the recruitment and retention of personal care service

workers or any worker with direct patient care responsibility, from the

tobacco control and insurance initiatives pool established for the

following periods and the following amounts:

(A) forty-four million dollars, on an annualized basis, for the period

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

thousand two;

(B) seventy-four million dollars, on an annualized basis, for the

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

two thousand three;

(C) one hundred four million dollars, on an annualized basis, for the

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

two thousand four;

(D) one hundred thirty-six million dollars, on an annualized basis,

for the period January first, two thousand five through December

thirty-first, two thousand five;

(E) one hundred thirty-six million dollars, on an annualized basis,

for the period January first, two thousand six through December

thirty-first, two thousand six;

(F) one hundred thirty-six million dollars for the period January

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

seven;

(G) one hundred thirty-six million dollars for the period January

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

eight;

(H) one hundred thirty-six million dollars for the period January

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

nine;

(I) one hundred thirty-six million dollars for the period January

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

(J) thirty-four million dollars for the period January first, two

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

(K) up to one hundred thirty-six million dollars each state fiscal

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

thirty-first, two thousand fourteen;

(L) up to one hundred thirty-six million dollars each state fiscal

year for the period March thirty-first, two thousand fourteen through

April first, two thousand seventeen;

(M) up to one hundred thirty-six million dollars each state fiscal

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

thirty-first, two thousand twenty;

(N) up to one hundred thirty-six million dollars each state fiscal

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

thirty-first, two thousand twenty-three;

(O) up to one hundred thirty-six million dollars each state fiscal

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

thirty-first, two thousand twenty-six; and

(P) up to one hundred thirty-six million dollars each state fiscal

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

thirty-first, two thousand twenty-nine.

(ii) Adjustments to Medicaid rates made pursuant to this paragraph

shall not, in aggregate, exceed the following amounts for the following

periods:

(A) for the period April first, two thousand two through December

thirty-first, two thousand two, one hundred ten million dollars;

(B) for the period January first, two thousand three through December

thirty-first, two thousand three, one hundred eighty-five million

dollars;

(C) for the period January first, two thousand four through December

thirty-first, two thousand four, two hundred sixty million dollars;

(D) for the period January first, two thousand five through December

thirty-first, two thousand five, three hundred forty million dollars;

(E) for the period January first, two thousand six through December

thirty-first, two thousand six, three hundred forty million dollars;

(F) for the period January first, two thousand seven through December

thirty-first, two thousand seven, three hundred forty million dollars;

(G) for the period January first, two thousand eight through December

thirty-first, two thousand eight, three hundred forty million dollars;

(H) for the period January first, two thousand nine through December

thirty-first, two thousand nine, three hundred forty million dollars;

(I) for the period January first, two thousand ten through December

thirty-first, two thousand ten, three hundred forty million dollars;

(J) for the period January first, two thousand eleven through March

thirty-first, two thousand eleven, eighty-five million dollars;

(K) for each state fiscal year within the period April first, two

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

hundred forty million dollars;

(L) for each state fiscal year within the period April first, two

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

three hundred forty million dollars;

(M) for each state fiscal year within the period April first, two

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

three hundred forty million dollars;

(N) for each state fiscal year within the period April first, two

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

three hundred forty million dollars;

(O) for each state fiscal year within the period April first, two

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

twenty-six, three hundred forty million dollars; and

(P) for each state fiscal year within the period April first, two

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

twenty-nine, three hundred forty million dollars.

(iii) Personal care service providers which have their rates adjusted

pursuant to this paragraph shall use such funds for the purpose of

recruitment and retention of non-supervisory personal care services

workers or any worker with direct patient care responsibility only and

are prohibited from using such funds for any other purpose. Each such

personal care services provider shall submit, at a time and in a manner

to be determined by the commissioner, a written certification attesting

that such funds will be used solely for the purpose of recruitment and

retention of non-supervisory personal care services workers or any

worker with direct patient care responsibility. The commissioner is

authorized to audit each such provider to ensure compliance with the

written certification required by this subdivision and shall recoup any

funds determined to have been used for purposes other than recruitment

and retention of non-supervisory personal care services workers or any

worker with direct patient care responsibility. Such recoupment shall be

in addition to any other penalties provided by law.

(cc) Funds 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,

or any successor fund or account, for the purpose of supporting the

state share of adjustments to Medicaid rates of payment for personal

care services provided pursuant to paragraph (e) of subdivision two of

section three hundred sixty-five-a of the social services law, for local

social service districts which shall not include a city with a

population of over one million persons for the purpose of supporting the

personal care services worker recruitment and retention program as

established pursuant to section three hundred sixty-seven-q of the

social services law, from the tobacco control and insurance initiatives

pool established for the following periods and the following amounts:

(i) two million eight hundred thousand dollars for the period April

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

(ii) five million six hundred thousand dollars, on an annualized

basis, for the period January first, two thousand three through December

thirty-first, two thousand three;

(iii) eight million four hundred thousand dollars, on an annualized

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

thirty-first, two thousand four;

(iv) ten million eight hundred thousand dollars, on an annualized

basis, for the period January first, two thousand five through December

thirty-first, two thousand five;

(v) ten million eight hundred thousand dollars, on an annualized

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

thirty-first, two thousand six;

(vi) eleven million two hundred thousand dollars for the period

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

thousand seven;

(vii) eleven million two hundred thousand dollars for the period

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

thousand eight;

(viii) eleven million two hundred thousand dollars for the period

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

thousand nine;

(ix) eleven million two hundred thousand dollars for the period

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

thousand ten;

(x) two million eight hundred thousand dollars for the period January

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

eleven;

(xi) up to eleven million two hundred thousand dollars each state

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

March thirty-first, two thousand fourteen;

(xii) up to eleven million two hundred thousand dollars each state

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

March thirty-first, two thousand seventeen;

(xiii) up to eleven million two hundred thousand dollars each state

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

March thirty-first, two thousand twenty;

(xiv) up to eleven 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;

(xv) up to eleven 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

(xvi) up to eleven 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.

(dd) Funds 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 fund - other, HCRA transfer fund, medical assistance account, or

any successor fund or account, for purposes of funding the state share

of Medicaid expenditures for physician services from the tobacco control

and insurance initiatives pool established for the following periods in

the following amounts:

(i) up to fifty-two million dollars for the period January first, two

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

(ii) eighty-one million two hundred thousand dollars for the period

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

thousand three;

(iii) eighty-five million two hundred thousand dollars for the period

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

thousand four;

(iv) eighty-five million two hundred thousand dollars for the period

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

thousand five;

(v) eighty-five million two hundred thousand dollars for the period

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

thousand six;

(vi) eighty-five million two hundred thousand dollars for the period

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

thousand seven;

(vii) eighty-five million two hundred thousand dollars for the period

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

thousand eight;

(viii) eighty-five million two hundred thousand dollars for the period

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

thousand nine;

(ix) eighty-five million two hundred thousand dollars for the period

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

thousand ten;

(x) twenty-one million three hundred thousand dollars for the period

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

thousand eleven; and

(xi) eighty-five million two hundred thousand dollars each state

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

March thirty-first, two thousand fourteen.

(ee) Funds 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 fund - other, HCRA transfer fund, medical assistance account, or

any successor fund or account, for purposes of funding the state share

of the free-standing diagnostic and treatment center rate increases for

recruitment and retention of health care workers pursuant to subdivision

seventeen of section twenty-eight hundred seven of this article from the

tobacco control and insurance initiatives pool established for the

following periods in the following amounts:

(i) three million two hundred fifty thousand dollars for the period

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

thousand two;

(ii) three million two hundred fifty thousand dollars on an annualized

basis for the period January first, two thousand three through December

thirty-first, two thousand three;

(iii) three million two hundred fifty thousand dollars on an

annualized basis for the period January first, two thousand four through

December thirty-first, two thousand four;

(iv) three million two hundred fifty thousand dollars for the period

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

thousand five;

(v) three million two hundred fifty thousand dollars for the period

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

thousand six;

(vi) three million two hundred fifty thousand dollars for the period

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

thousand seven;

(vii) three million four hundred thirty-eight thousand dollars for the

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

two thousand eight;

(viii) two million four hundred fifty thousand dollars for the period

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

thousand nine;

(ix) one million five hundred thousand dollars for the period January

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

and

(x) three hundred twenty-five thousand dollars for the period January

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

eleven.

(ff) Funds 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 fund - other, HCRA transfer fund, medical assistance account, or

any successor fund or account, for purposes of funding the state share

of Medicaid expenditures for disabled persons as authorized pursuant to

former subparagraphs twelve and thirteen of paragraph (a) of subdivision

one of section three hundred sixty-six of the social services law from

the tobacco control and insurance initiatives pool established for the

following periods in the following amounts:

(i) one million eight hundred thousand dollars for the period April

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

(ii) sixteen million four hundred thousand dollars on an annualized

basis for the period January first, two thousand three through December

thirty-first, two thousand three;

(iii) eighteen million seven hundred thousand dollars on an annualized

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

thirty-first, two thousand four;

(iv) thirty million six hundred thousand dollars for the period

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

thousand five;

(v) thirty million six hundred thousand dollars for the period January

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

(vi) thirty million six hundred thousand dollars for the period

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

thousand seven;

(vii) fifteen million dollars for the period January first, two

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

(viii) fifteen million dollars for the period January first, two

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

(ix) fifteen million dollars for the period January first, two

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

(x) three million seven hundred fifty thousand dollars for the period

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

thousand eleven;

(xi) fifteen million dollars each state fiscal year for the period

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

thousand fourteen;

(xii) fifteen million dollars each state fiscal year for the period

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

thousand seventeen;

(xiii) fifteen million dollars each state fiscal year for the period

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

thousand twenty;

(xiv) fifteen million dollars each state fiscal year for the period

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

thousand twenty-three;

(xv) fifteen million dollars each state fiscal year for the period

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

thousand twenty-six; and

(xvi) fifteen million dollars each state fiscal year for the period

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

thousand twenty-nine.

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

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

of grants to non-public general hospitals pursuant to paragraph (c) of

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

article from the tobacco control and insurance initiatives pool

established for the following periods in the following amounts:

(i) up to one million three hundred thousand dollars on an annualized

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

thirty-first, two thousand two;

(ii) up to three million two hundred thousand dollars on an annualized

basis for the period January first, two thousand three through December

thirty-first, two thousand three;

(iii) up to five million six hundred thousand dollars on an annualized

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

thirty-first, two thousand four;

(iv) up to eight million six hundred thousand dollars for the period

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

thousand five;

(v) up to eight million six hundred thousand dollars on an annualized

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

thirty-first, two thousand six;

(vi) up to two million six hundred thousand dollars for the period

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

thousand seven;

(vii) up to two million six hundred thousand dollars for the period

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

thousand eight;

(viii) up to two million six hundred thousand dollars for the period

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

thousand nine;

(ix) up to two million six hundred thousand dollars for the period

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

thousand ten; and

(x) up to six hundred fifty thousand dollars for the period January

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

eleven.

(hh) Funds 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 special revenue

fund - other, HCRA transfer fund, medical assistance account for

purposes of providing financial assistance to residential health care

facilities pursuant to subdivisions nineteen and twenty-one of section

twenty-eight hundred eight of this article, from the tobacco control and

insurance initiatives pool established for the following periods in the

following amounts:

(i) for the period April first, two thousand two through December

thirty-first, two thousand two, ten million dollars;

(ii) for the period January first, two thousand three through December

thirty-first, two thousand three, nine million four hundred fifty

thousand dollars;

(iii) for the period January first, two thousand four through December

thirty-first, two thousand four, nine million three hundred fifty

thousand dollars;

(iv) up to fifteen million dollars for the period January first, two

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

(v) up to fifteen million dollars for the period January first, two

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

(vi) up to fifteen million dollars for the period January first, two

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

(vii) up to fifteen million dollars for the period January first, two

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

(viii) up to fifteen million dollars for the period January first, two

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

(ix) up to fifteen million dollars for the period January first, two

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

(x) up to three million seven hundred fifty thousand dollars for the

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

two thousand eleven; and

(xi) fifteen million dollars each state fiscal year for the period

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

thousand fourteen.

(ii) Funds 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,

or any successor fund or account, for the purpose of supporting the

state share of Medicaid expenditures for disabled persons as authorized

by sections 1619 (a) and (b) of the federal social security act pursuant

to the tobacco control and insurance initiatives pool established for

the following periods in the following amounts:

(i) six million four hundred thousand dollars for the period April

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

(ii) eight million five hundred thousand dollars, for the period

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

thousand three;

(iii) eight million five hundred thousand dollars for the period

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

thousand four;

(iv) eight million five hundred thousand dollars for the period

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

thousand five;

(v) eight million five hundred thousand dollars for the period January

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

(vi) eight million six hundred thousand dollars for the period January

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

seven;

(vii) eight million five hundred thousand dollars for the period

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

thousand eight;

(viii) eight million five hundred thousand dollars for the period

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

thousand nine;

(ix) eight million five hundred thousand dollars for the period

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

thousand ten;

(x) two million one hundred twenty-five thousand dollars for the

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

two thousand eleven;

(xi) eight million five hundred thousand dollars each state fiscal

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

thirty-first, two thousand fourteen;

(xii) eight million five hundred thousand dollars each state fiscal

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

thirty-first, two thousand seventeen;

(xiii) eight million five hundred thousand dollars each state fiscal

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

thirty-first, two thousand twenty;

(xiv) eight million five hundred thousand dollars each state fiscal

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

thirty-first, two thousand twenty-three;

(xv) eight million five 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

(xvi) eight million five hundred thousand dollars each state fiscal

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

thirty-first, two thousand twenty-nine.

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

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

purposes of a grant program to improve access to infertility services,

treatments and procedures, from the tobacco control and insurance

initiatives pool established for the period January first, two thousand

two through December thirty-first, two thousand two in the amount of

nine million one hundred seventy-five thousand dollars, for the period

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

seven in the amount of five million dollars, for the period April first,

two thousand seven through March thirty-first, two thousand eight in the

amount of five million dollars, for the period April first, two thousand

eight through March thirty-first, two thousand nine in the amount of

five million dollars, and for the period April first, two thousand nine

through March thirty-first, two thousand ten in the amount of five

million dollars, for the period April first, two thousand ten through

March thirty-first, two thousand eleven in the amount of two million two

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

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

one hundred thousand dollars.

(kk) Funds 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,

or any successor fund or account, for purposes of funding the state

share of Medical Assistance Program expenditures from the tobacco

control and insurance initiatives pool established for the following

periods in the following amounts:

(i) thirty-eight million eight hundred thousand dollars for the period

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

thousand two;

(ii) up to two hundred ninety-five million dollars for the period

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

thousand three;

(iii) up to four hundred seventy-two million dollars for the period

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

thousand four;

(iv) up to nine hundred million dollars for the period January first,

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

(v) up to eight hundred sixty-six million three hundred thousand

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

thirty-first, two thousand six;

(vi) up to six hundred sixteen million seven hundred thousand dollars

for the period January first, two thousand seven through December

thirty-first, two thousand seven;

(vii) up to five hundred seventy-eight million nine hundred

twenty-five thousand dollars for the period January first, two thousand

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

(viii) within amounts appropriated on and after January first, two

thousand nine.

(ll) Funds 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,

or any successor fund or account, for purposes of funding the state

share of Medicaid expenditures related to the city of New York from the

tobacco control and insurance initiatives pool established for the

following periods in the following amounts:

(i) eighty-two million seven hundred thousand dollars for the period

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

thousand two;

(ii) one hundred twenty-four million six hundred thousand dollars for

the period January first, two thousand three through December

thirty-first, two thousand three;

(iii) one hundred twenty-four million seven hundred thousand dollars

for the period January first, two thousand four through December

thirty-first, two thousand four;

(iv) one hundred twenty-four million seven hundred thousand dollars

for the period January first, two thousand five through December

thirty-first, two thousand five;

(v) one hundred twenty-four million seven hundred thousand dollars for

the period January first, two thousand six through December

thirty-first, two thousand six;

(vi) one hundred twenty-four million seven hundred thousand dollars

for the period January first, two thousand seven through December

thirty-first, two thousand seven;

(vii) one hundred twenty-four million seven hundred thousand dollars

for the period January first, two thousand eight through December

thirty-first, two thousand eight;

(viii) one hundred twenty-four million seven hundred thousand dollars

for the period January first, two thousand nine through December

thirty-first, two thousand nine;

(ix) one hundred twenty-four million seven hundred thousand dollars

for the period January first, two thousand ten through December

thirty-first, two thousand ten;

(x) thirty-one million one hundred seventy-five thousand dollars for

the period January first, two thousand eleven through March

thirty-first, two thousand eleven; and

(xi) one hundred twenty-four million seven hundred thousand dollars

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

through March thirty-first, two thousand fourteen.

(mm) Funds 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,

or any successor fund or account, for purposes of funding specified

percentages of the state share of services and expenses related to the

family health plus program in accordance with the following schedule:

(i) (A) for the period January first, two thousand three through

December thirty-first, two thousand four, one hundred percent of the

state share;

(B) for the period January first, two thousand five through December

thirty-first, two thousand five, seventy-five percent of the state

share; and

(C) for periods beginning on and after January first, two thousand

six, fifty percent of the state share.

(ii) Funding for the family health plus program will include up to

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

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

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

December thirty-first, two thousand seven, up to seven million two

hundred thousand dollars for the period January first, two thousand

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

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

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

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

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

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

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

to six million forty-nine thousand dollars for the period April first,

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

to six million two hundred eighty-nine thousand dollars for the period

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

thousand thirteen, and up to six million four hundred sixty-one thousand

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

thirty-first, two thousand fourteen, for administration and marketing

costs associated with such program established pursuant to clauses (A)

and (B) of subparagraph (v) of paragraph (a) of subdivision two of the

former section three hundred sixty-nine-ee of the social services law

from the tobacco control and insurance initiatives pool established for

the following periods in the following amounts:

(A) one hundred ninety million six hundred thousand dollars for the

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

two thousand three;

(B) three hundred seventy-four million dollars for the period January

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

four;

(C) five hundred thirty-eight million four hundred thousand dollars

for the period January first, two thousand five through December

thirty-first, two thousand five;

(D) three hundred eighteen million seven hundred seventy-five thousand

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

thirty-first, two thousand six;

(E) four hundred eighty-two million eight hundred thousand dollars for

the period January first, two thousand seven through December

thirty-first, two thousand seven;

(F) five hundred seventy million twenty-five thousand dollars for the

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

two thousand eight;

(G) six hundred ten million seven hundred twenty-five thousand dollars

for the period January first, two thousand nine through December

thirty-first, two thousand nine;

(H) six hundred twenty-seven million two hundred seventy-five thousand

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

thirty-first, two thousand ten;

(I) one hundred fifty-seven million eight hundred seventy-five

thousand dollars for the period January first, two thousand eleven

through March thirty-first, two thousand eleven;

(J) six hundred twenty-eight million four hundred thousand dollars for

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

two thousand twelve;

(K) six hundred fifty million four hundred thousand dollars for the

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

thousand thirteen;

(L) six hundred fifty million four hundred thousand dollars for the

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

two thousand fourteen; and

(M) up to three hundred ten million five hundred ninety-five thousand

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

thirty-first, two thousand fifteen.

(nn) Funds 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 fund - other, HCRA transfer fund, health care services account,

or any successor fund or account, for purposes related to adult home

initiatives for medicaid eligible residents of residential facilities

licensed pursuant to section four hundred sixty-b of the social services

law from the tobacco control and insurance initiatives pool established

for the following periods in the following amounts:

(i) up to four million dollars for the period January first, two

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

(ii) up to six million dollars for the period January first, two

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

(iii) up to eight million dollars for the period January first, two

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

provided, however, that up to five million two hundred fifty thousand

dollars of such funds shall be received by the comptroller and deposited

to the credit of the special revenue fund - other / aid to localities,

HCRA transfer fund - 061, enhanced community services account - 05, or

any successor fund or account, for the purposes set forth in this

paragraph;

(iv) up to eight million dollars for the period January first, two

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

however, that up to five million two hundred fifty thousand dollars of

such funds shall be received by the comptroller and deposited to the

credit of the special revenue fund - other / aid to localities, HCRA

transfer fund - 061, enhanced community services account - 05, or any

successor fund or account, for the purposes set forth in this paragraph;

(v) up to eight million dollars for the period January first, two

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

provided, however, that up to five million two hundred fifty thousand

dollars of such funds shall be received by the comptroller and deposited

to the credit of the special revenue fund - other / aid to localities,

HCRA transfer fund - 061, enhanced community services account - 05, or

any successor fund or account, for the purposes set forth in this

paragraph;

(vi) up to two million seven hundred fifty thousand dollars for the

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

two thousand eight;

(vii) up to two million seven hundred fifty thousand dollars for the

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

two thousand nine;

(viii) up to two million seven hundred fifty thousand dollars for the

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

two thousand ten; and

(ix) up to six hundred eighty-eight thousand dollars for the period

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

thousand eleven.

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

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

of grants to non-public general hospitals pursuant to paragraph (e) of

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

article from the tobacco control and insurance initiatives pool

established for the following periods in the following amounts:

(i) up to five million dollars on an annualized basis for the period

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

thousand four;

(ii) up to five million dollars for the period January first, two

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

(iii) up to five million dollars for the period January first, two

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

(iv) up to five million dollars for the period January first, two

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

(v) up to five million dollars for the period January first, two

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

(vi) up to five million dollars for the period January first, two

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

(vii) up to five million dollars for the period January first, two

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

(viii) up to one million two hundred fifty thousand dollars for the

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

two thousand eleven.

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

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

purpose of supporting the provision of tax credits for long term care

insurance pursuant to subdivision one of section one hundred ninety of

the tax law, paragraph (a) of subdivision fourteen of section two

hundred ten-B of such law, subsection (aa) of section six hundred six of

such law and paragraph one of subdivision (m) of section fifteen hundred

eleven of such law, in the following amounts:

(i) ten million dollars for the period January first, two thousand

four through December thirty-first, two thousand four;

(ii) ten million dollars for the period January first, two thousand

five through December thirty-first, two thousand five;

(iii) ten million dollars for the period January first, two thousand

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

(iv) five million dollars for the period January first, two thousand

seven through June thirtieth, two thousand seven.

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

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

purpose of supporting the long-term care insurance education and

outreach program established pursuant to section two hundred seventeen-a

of the elder law for the following periods in the following amounts:

(i) up to five million dollars for the period January first, two

thousand four through December thirty-first, two thousand four; of such

funds one million nine hundred fifty thousand dollars shall be made

available to the department for the purpose of developing, implementing

and administering the long-term care insurance education and outreach

program and three million fifty thousand dollars shall be deposited by

the commissioner, within amounts appropriated, and the comptroller is

hereby authorized and directed to receive for deposit to the credit of

the special revenue funds - other, HCRA transfer fund, long term care

insurance resource center account of the state office for the aging or

any future account designated for the purpose of implementing the long

term care insurance education and outreach program and providing the

long term care insurance resource centers with the necessary resources

to carry out their operations;

(ii) up to five million dollars for the period January first, two

thousand five through December thirty-first, two thousand five; of such

funds one million nine hundred fifty thousand dollars shall be made

available to the department for the purpose of developing, implementing

and administering the long-term care insurance education and outreach

program and three million fifty thousand dollars shall be deposited by

the commissioner, within amounts appropriated, and the comptroller is

hereby authorized and directed to receive for deposit to the credit of

the special revenue funds - other, HCRA transfer fund, long term care

insurance resource center account of the state office for the aging or

any future account designated for the purpose of implementing the long

term care insurance education and outreach program and providing the

long term care insurance resource centers with the necessary resources

to carry out their operations;

(iii) up to five million dollars for the period January first, two

thousand six through December thirty-first, two thousand six; of such

funds one million nine hundred fifty thousand dollars shall be made

available to the department for the purpose of developing, implementing

and administering the long-term care insurance education and outreach

program and three million fifty thousand dollars shall be made available

to the office for the aging for the purpose of providing the long term

care insurance resource centers with the necessary resources to carry

out their operations;

(iv) up to five million dollars for the period January first, two

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

such funds one million nine hundred fifty thousand dollars shall be made

available to the department for the purpose of developing, implementing

and administering the long-term care insurance education and outreach

program and three million fifty thousand dollars shall be made available

to the office for the aging for the purpose of providing the long term

care insurance resource centers with the necessary resources to carry

out their operations;

(v) up to five million dollars for the period January first, two

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

such funds one million nine hundred fifty thousand dollars shall be made

available to the department for the purpose of developing, implementing

and administering the long term care insurance education and outreach

program and three million fifty thousand dollars shall be made available

to the office for the aging for the purpose of providing the long term

care insurance resource centers with the necessary resources to carry

out their operations;

(vi) up to five million dollars for the period January first, two

thousand nine through December thirty-first, two thousand nine; of such

funds one million nine hundred fifty thousand dollars shall be made

available to the department for the purpose of developing, implementing

and administering the long-term care insurance education and outreach

program and three million fifty thousand dollars shall be made available

to the office for the aging for the purpose of providing the long-term

care insurance resource centers with the necessary resources to carry

out their operations;

(vii) up to four hundred eighty-eight thousand dollars for the period

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

ten; of such funds four hundred eighty-eight thousand dollars shall be

made available to the department for the purpose of developing,

implementing and administering the long-term care insurance education

and outreach program.

(rr) Funds shall be reserved and accumulated from the tobacco control

and insurance initiatives pool and shall be available, including income

from invested funds, for the purpose of supporting expenses related to

implementation of the provisions of title three of article twenty-nine-D

of this chapter, for the following periods and in the following amounts:

(i) up to ten million dollars for the period January first, two

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

(ii) up to ten million dollars for the period January first, two

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

(iii) up to ten million dollars for the period January first, two

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

(iv) up to ten million dollars for the period January first, two

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

(v) up to ten million dollars for the period January first, two

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

(vi) up to two million five hundred thousand dollars for the period

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

thousand eleven.

(ss) Funds shall be reserved and accumulated from the tobacco control

and insurance initiatives pool and used for a health care stabilization

program established by the commissioner for the purposes of stabilizing

critical health care providers and health care programs whose ability to

continue to provide appropriate services are threatened by financial or

other challenges, in the amount of up to twenty-eight million dollars

for the period July first, two thousand four through June thirtieth, two

thousand five. Notwithstanding the provisions of section one hundred

twelve of the state finance law or any other inconsistent provision of

the state finance law or any other law, funds available for distribution

pursuant to this paragraph may be allocated and distributed by the

commissioner, or the state comptroller as applicable without a

competitive bid or request for proposal process. Considerations relied

upon by the commissioner in determining the allocation and distribution

of these funds shall include, but not be limited to, the following: (i)

the importance of the provider or program in meeting critical health

care needs in the community in which it operates; (ii) the provider or

program provision of care to under-served populations; (iii) the quality

of the care or services the provider or program delivers; (iv) the

ability of the provider or program to continue to deliver an appropriate

level of care or services if additional funding is made available; (v)

the ability of the provider or program to access, in a timely manner,

alternative sources of funding, including other sources of government

funding; (vi) the ability of other providers or programs in the

community to meet the community health care needs; (vii) whether the

provider or program has an appropriate plan to improve its financial

condition; and (viii) whether additional funding would permit the

provider or program to consolidate, relocate, or close programs or

services where such actions would result in greater stability and

efficiency in the delivery of needed health care services or programs.

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

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

of providing grants for two long term care demonstration projects

designed to test new models for the delivery of long term care services

established pursuant to section twenty-eight hundred seven-x of this

article, for the following periods and in the following amounts:

(i) up to five hundred thousand dollars for the period January first,

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

(ii) up to five hundred thousand dollars for the period January first,

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

(iii) up to five hundred thousand dollars for the period January

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

(iv) up to one million dollars for the period January first, two

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

(v) up to two hundred fifty thousand dollars for the period January

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

eight.

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

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

purpose of supporting disease management and telemedicine demonstration

programs authorized pursuant to section twenty-one hundred eleven of

this chapter for the following periods in the following amounts:

(i) five million dollars for the period January first, two thousand

four through December thirty-first, two thousand four, of which three

million dollars shall be available for disease management demonstration

programs and two million dollars shall be available for telemedicine

demonstration programs;

(ii) five million dollars for the period January first, two thousand

five through December thirty-first, two thousand five, of which three

million dollars shall be available for disease management demonstration

programs and two million dollars shall be available for telemedicine

demonstration programs;

(iii) nine million five hundred thousand dollars for the period

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

thousand six, of which seven million five hundred thousand dollars shall

be available for disease management demonstration programs and two

million dollars shall be available for telemedicine demonstration

programs;

(iv) nine million five hundred thousand dollars for the period January

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

seven, of which seven million five hundred thousand dollars shall be

available for disease management demonstration programs and one million

dollars shall be available for telemedicine demonstration programs;

(v) nine million five hundred thousand dollars for the period January

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

eight, of which seven million five hundred thousand dollars shall be

available for disease management demonstration programs and two million

dollars shall be available for telemedicine demonstration programs;

(vi) seven million eight hundred thirty-three thousand three hundred

thirty-three dollars for the period January first, two thousand nine

through December thirty-first, two thousand nine, of which seven million

five hundred thousand dollars shall be available for disease management

demonstration programs and three hundred thirty-three thousand three

hundred thirty-three dollars shall be available for telemedicine

demonstration programs for the period January first, two thousand nine

through March first, two thousand nine;

(vii) one million eight hundred seventy-five thousand dollars for the

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

thousand ten shall be available for disease management demonstration

programs.

(ww) Funds shall be deposited by the commissioner, within amounts

appropriated, and the state comptroller is hereby authorized and

directed to receive for the deposit to the credit of the state special

revenue funds - other, HCRA transfer fund, medical assistance account,

or any successor fund or account, for purposes of funding the state

share of the general hospital rates increases for recruitment and

retention of health care workers pursuant to paragraph (e) of

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

article from the tobacco control and insurance initiatives pool

established for the following periods in the following amounts:

(i) sixty million five hundred thousand dollars for the period January

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

five; and

(ii) sixty million five hundred thousand dollars for the period

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

thousand six.

(xx) Funds shall be deposited by the commissioner, within amounts

appropriated, and the state comptroller is hereby authorized and

directed to receive for the deposit to the credit of the state special

revenue funds - other, HCRA transfer fund, medical assistance account,

or any successor fund or account, for purposes of funding the state

share of the general hospital rates increases for rural hospitals

pursuant to subdivision thirty-two of section twenty-eight hundred

seven-c of this article from the tobacco control and insurance

initiatives pool established for the following periods in the following

amounts:

(i) three million five hundred thousand dollars for the period January

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

five;

(ii) three million five hundred thousand dollars for the period

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

thousand six;

(iii) three million five hundred thousand dollars for the period

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

thousand seven;

(iv) three million five hundred thousand dollars for the period

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

thousand eight; and

(v) three million two hundred eight thousand dollars for the period

January first, two thousand nine through November thirtieth, two

thousand nine.

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

shall be available, within amounts appropriated and notwithstanding

section one hundred twelve of the state finance law and any other

contrary provision of law, for the purpose of supporting grants not to

exceed five million dollars to be made by the commissioner without a

competitive bid or request for proposal process, in support of the

delivery of critically needed health care services, to health care

providers located in the counties of Erie and Niagara which executed a

memorandum of closing and conducted a merger closing in escrow on

November twenty-fourth, nineteen hundred ninety-seven and which entered

into a settlement dated December thirtieth, two thousand four for a loss

on disposal of assets under the provisions of title XVIII of the federal

social security act applicable to mergers occurring prior to December

first, nineteen hundred ninety-seven.

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

shall be available, within amounts appropriated, for the purpose of

supporting expenditures authorized pursuant to section twenty-eight

hundred eighteen of this article from the tobacco control and insurance

initiatives pool established for the following periods in the following

amounts:

(i) six million five hundred thousand dollars for the period January

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

five;

(ii) one hundred eight million three hundred thousand dollars for the

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

two thousand six, provided, however, that within amounts appropriated in

the two thousand six through two thousand seven state fiscal year, a

portion of such funds may be transferred to the Roswell Park Cancer

Institute Corporation to fund capital costs;

(iii) one hundred seventy-one million dollars for the period January

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

seven, provided, however, that within amounts appropriated in the two

thousand six through two thousand seven state fiscal year, a portion of

such funds may be transferred to the Roswell Park Cancer Institute

Corporation to fund capital costs;

(iv) one hundred seventy-one million five hundred thousand dollars for

the period January first, two thousand eight through December

thirty-first, two thousand eight;

(v) one hundred twenty-eight million seven hundred fifty thousand

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

thirty-first, two thousand nine;

(vi) one hundred thirty-one million three hundred seventy-five

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

December thirty-first, two thousand ten;

(vii) thirty-four million two hundred fifty thousand dollars for the

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

two thousand eleven;

(viii) four hundred thirty-three million three hundred sixty-six

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

March thirty-first, two thousand twelve;

(ix) one hundred fifty million eight hundred six thousand dollars for

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

two thousand thirteen;

(x) seventy-eight million seventy-one thousand dollars for the period

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

thousand fourteen.

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

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

and expenses related to school based health centers, in an amount up to

three million five hundred thousand dollars for the period April first,

two thousand six through March thirty-first, two thousand seven, up to

three million five hundred thousand dollars for the period April first,

two thousand seven through March thirty-first, two thousand eight, up to

three million five hundred thousand dollars for the period April first,

two thousand eight through March thirty-first, two thousand nine, up to

three million five hundred thousand dollars for the period April first,

two thousand nine through March thirty-first, two thousand ten, up to

three million five hundred thousand dollars for the period April first,

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

two million eight 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 six hundred forty-four 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 six hundred forty-four 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 six hundred

forty-four 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 six hundred forty-four 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 six hundred forty-four thousand dollars each state fiscal

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

thirty-first, two thousand twenty-nine. The total amount of funds

provided herein shall be distributed as grants based on the ratio of

each provider's total enrollment for all sites to the total enrollment

of all providers. This formula shall be applied to the total amount

provided herein.

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

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

of awarding grants to operators of adult homes, enriched housing

programs and residences through the enhancing abilities and life

experience (EnAbLe) program to provide for the installation, operation

and maintenance of air conditioning in resident rooms, consistent with

this paragraph, in an amount up to two million dollars for the period

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

seven, up to three million eight hundred thousand dollars for the period

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

eight, up to three million eight hundred thousand dollars for the period

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

nine, up to three million eight hundred thousand dollars for the period

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

ten, and up to three million eight hundred thousand dollars for the

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

thousand eleven. Residents shall not be charged utility cost for the use

of air conditioners supplied under the EnAbLe program. All such air

conditioners must be operated in occupied resident rooms consistent with

requirements applicable to common areas.

(ccc) Funds shall be deposited by the commissioner, within amounts

appropriated, and the state comptroller is hereby authorized and

directed to receive for the deposit to the credit of the state special

revenue funds - other, HCRA transfer fund, medical assistance account,

or any successor fund or account, for purposes of funding the state

share of increases in the rates for certified home health agencies, long

term home health care programs, AIDS home care programs, hospice

programs and managed long term care plans and approved managed long term

care operating demonstrations as defined in section forty-four hundred

three-f of this chapter for recruitment and retention of health care

workers pursuant to subdivisions nine and ten of section thirty-six

hundred fourteen of this chapter from the tobacco control and insurance

initiatives pool established for the following periods in the following

amounts:

(i) twenty-five million dollars for the period June first, two

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

(ii) fifty million dollars for the period January first, two thousand

seven through December thirty-first, two thousand seven;

(iii) fifty million dollars for the period January first, two thousand

eight through December thirty-first, two thousand eight;

(iv) fifty million dollars for the period January first, two thousand

nine through December thirty-first, two thousand nine;

(v) fifty million dollars for the period January first, two thousand

ten through December thirty-first, two thousand ten;

(vi) twelve million five hundred thousand dollars for the period

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

thousand eleven;

(vii) up to fifty million dollars each state fiscal year for the

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

thousand fourteen;

(viii) up to fifty million dollars each state fiscal year for the

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

two thousand seventeen;

(ix) up to fifty million dollars each state fiscal year for the period

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

thousand twenty;

(x) up to fifty million dollars each state fiscal year for the period

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

thousand twenty-three;

(xi) up to fifty million dollars each state fiscal year for the period

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

thousand twenty-six; and

(xii) up to fifty million dollars each state fiscal year for the

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

two thousand twenty-nine.

(ddd) Funds shall be deposited by the commissioner, within amounts

appropriated, and the state comptroller is hereby authorized and

directed to receive for the deposit to the credit of the state special

revenue funds - other, HCRA transfer fund, medical assistance account,

or any successor fund or account, for purposes of funding the state

share of increases in the medical assistance rates for providers for

purposes of enhancing the provision, quality and/or efficiency of home

care services pursuant to subdivision eleven of section thirty-six

hundred fourteen of this chapter from the tobacco control and insurance

initiatives pool established for the following period in the amount of

eight million dollars for the period April first, two thousand six

through December thirty-first, two thousand six.

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

shall be available, including income from invested funds, to the Center

for Functional Genomics at the State University of New York at Albany,

for the purposes of the Adirondack network for cancer education and

research in rural communities grant program to improve access to health

care and shall be made available from the tobacco control and insurance

initiatives pool established for the following period in the amount of

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

six through December thirty-first, two thousand six.

(fff) Funds shall be made available to the empire state stem cell

trust fund established by section ninety-nine-p of the state finance law

within amounts appropriated up to fifty million dollars annually and

shall not exceed five hundred million dollars in total.

(ggg) Funds 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 fund - other, HCRA transfer fund, medical assistance account, or

any successor fund or account, for the purpose of supporting the state

share of Medicaid expenditures for hospital translation services as

authorized pursuant to paragraph (k) of subdivision one of section

twenty-eight hundred seven-c of this article from the tobacco control

and initiatives pool established for the following periods in the

following amounts:

(i) sixteen million dollars for the period July first, two thousand

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

(ii) fourteen million seven hundred thousand dollars for the period

January first, two thousand nine through November thirtieth, two

thousand nine.

(hhh) Funds 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 fund - other, HCRA transfer fund, medical assistance account, or

any successor fund or account, for the purpose of supporting the state

share of Medicaid expenditures for adjustments to inpatient rates of

payment for general hospitals located in the counties of Nassau and

Suffolk as authorized pursuant to paragraph (l) of subdivision one of

section twenty-eight hundred seven-c of this article from the tobacco

control and initiatives pool established for the following periods in

the following amounts:

(i) two million five hundred thousand dollars for the period April

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

eight; and

(ii) two million two hundred ninety-two thousand dollars for the

period January first, two thousand nine through November thirtieth, two

thousand nine.

(iii) Funds shall be reserved and set aside and accumulated from year

to year and shall be made available, including income from investment

funds, for the purpose of supporting the New York state medical

indemnity fund as authorized pursuant to title four of article

twenty-nine-D of this chapter, for the following periods and in the

following amounts, provided, however, that the commissioner is

authorized to seek waiver authority from the federal centers for

medicare and Medicaid for the purpose of securing Medicaid federal

financial participation for such program, in which case the funding

authorized pursuant to this paragraph shall be utilized as the

non-federal share for such payments:

Thirty million dollars for the period April first, two thousand eleven

through March thirty-first, two thousand twelve.

2. (a) For periods prior to January first, two thousand five, the

commissioner is authorized to contract with the article forty-three

insurance law plans, or such other contractors as the commissioner shall

designate, to receive and distribute funds from the tobacco control and

insurance initiatives pool established pursuant to this section. In the

event contracts with the article forty-three insurance law plans or

other commissioner's designees are effectuated, the commissioner shall

conduct annual audits of the receipt and distribution of such funds. The

reasonable costs and expenses of an administrator as approved by the

commissioner, not to exceed for personnel services on an annual basis

five hundred thousand dollars, for collection and distribution of funds

pursuant to this section shall be paid from such funds.

(b) Notwithstanding any inconsistent provision of section one hundred

twelve or one hundred sixty-three of the state finance law or any other

law, at the discretion of the commissioner without a competitive bid or

request for proposal process, contracts in effect for administration of

pools established pursuant to sections twenty-eight hundred seven-k,

twenty-eight hundred seven-l and twenty-eight hundred seven-m of this

article for the period January first, nineteen hundred ninety-nine

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

extended to provide for administration pursuant to this section and may

be amended as may be necessary.

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