N.Y. Public Health Law § 409: Department of health income fund

§ 409. Department of health income fund. 1. There is established in

the custody of the comptroller a special account, to be known as the

department of health income fund.

2. (a) The commissioner shall, after the first day of July, nineteen

hundred seventy-one, pay over moneys received by the department

including, subject to subdivision six of this section, moneys received

from the Roswell Park Cancer Institute corporation for the care,

maintenance and treatment of patients at state hospitals in the

department as enumerated in section four hundred three of this chapter,

together with money received from fees, including parking fees, refunds,

reimbursements, payments received pursuant to leases, sales of property

and miscellaneous receipts of such hospitals other than gifts, grants,

bequests and moneys received under research contracts, and clinical

practice income received pursuant to a clinical practice plan

established pursuant to subdivision fourteen of section two hundred six

of this chapter except for the amount of money required by the

comptroller to be maintained on deposit in the department of health

income fund pursuant to paragraph (c) of this subdivision less payments

required to be made into pools created by this chapter and for

assessments established pursuant to this chapter and less refunds made

pursuant to law, to the comptroller to be deposited by the comptroller

in the department of health income fund. Such moneys shall be kept

separate and shall not be commingled with any other moneys in the hands

of the comptroller. All deposits of such money shall, if required by the

comptroller, be secured by obligations of the United States or of the

state of market value equal at all times to the amount of the deposit

and all banks and trust companies are authorized to give such securities

for such deposits. The commissioner shall identify to the comptroller

moneys received from Roswell Park Cancer Institute corporation or its

subsidiaries.

(b) Subject to the terms of any agreement between the department and

the dormitory authority, any such moneys in the department of health

income fund not required for immediate use, may, in the discretion of

the comptroller, be invested by the comptroller in obligations of the

United States or the state or obligations the principal and interest of

which are guaranteed by the United States or the state.

(c) The comptroller shall at all times maintain on deposit in the

department of health income fund the aggregate amount of money needed by

the department during the next succeeding six calendar months to comply

in full with all obligations of the department under the terms of every

lease, sublease or agreement of the department with the dormitory

authority which is then in effect, including without limitation by the

specification thereof, (i) the amount needed to make rental payments

thereunder during such semiannual period, and (ii) the amount needed to

establish and maintain reserves thereunder during such period.

(d) The comptroller shall from time to time but in no event later than

the last day of March, June, September and December of each year pay

over and deposit in the special revenue funds - other, miscellaneous

special revenue fund - 339, Roswell Park cancer institute account, Helen

Hayes hospital account, New York state home for veterans and their

dependents at Oxford account, western New York veterans' home account

and New York state home for veterans in the lower-Hudson Valley account,

in accordance with directions from the commissioner of health concerning

the distribution of revenues among the various accounts, all moneys in

the department of health income fund in excess of the aggregate amount

of money required to be maintained in the department of health income

fund pursuant to paragraph (c) of this subdivision. Prior to making any

such transfer, the comptroller shall make and deliver to the director of

the budget and to the dormitory authority his certificate stating the

aggregate amount to be maintained on deposit in the department of health

income fund to comply in full with the provision of paragraph (c) of

this subdivision. When further directed by the commissioner, the

comptroller shall transfer revenues and/or appropriations between and

among these accounts and the special revenue funds - other,

miscellaneous special revenue fund - 339, New York city veteran's home

account. For purposes of transferring appropriations it is intended

that the following accounts be understood to be part of the same program

and same fund for purposes of section fifty-one of the state finance

law, thereby authorizing unlimited interchangeability of appropriated

amounts between the following accounts in the special revenue funds -

other, miscellaneous special revenue fund - 339: Roswell Park Cancer

Institute Account, Helen Hayes Hospital Account, New York State Home for

Veterans and Their Dependents at Oxford Account, Western New York

Veterans' Home Account, New York State Home for Veterans in the

lower-Hudson Valley Account, and New York City Veterans' Home Account.

The comptroller shall, as determined by the commissioner and consistent

with any repayment agreement entered into between the director of the

budget and the commissioner, transfer funds from the Roswell Park cancer

institute account, Helen Hayes hospital account, New York state home for

veterans and their dependents at Oxford account, western New York

veterans' home account or New York state home for veterans in the

lower-Hudson Valley account to the department of health services account

to repay all or part of any outstanding liabilities in the health

services account attributed to the respective hospitals for which such

accounts were established.

3. To secure the payment of any money due or to become due in any year

under any lease, sublease or agreement entered into between the

department and the dormitory authority, the commissioner may pledge or

assign to the dormitory authority all or any moneys in the department of

health income fund established pursuant to this section, and any and all

moneys which may be receivable by the department and credited to such

department of health income fund in the future, and any right, title and

interest of the department in and to the money in or to be deposited in

such department of health income fund.

4. The moneys in the department of health income fund shall be paid

out of such fund on the audit and warrant of the comptroller on vouchers

certified or approved by the commissioner, or by an officer or employee

of the department designated by the commissioner, notwithstanding the

provisions of any general or special law to the contrary.

5. Notwithstanding any inconsistent provision of this section or any

other law to the contrary, including, but not limited to, section four

of the state finance law, the comptroller shall no less than biweekly

pay any moneys which the commissioner identifies as being attributed to

the operation of the Roswell Park Cancer Institute corporation or the

properties leased to it by the state or subsidiaries of such

corporation, which are in excess of the amounts required to comply with

the provisions of paragraph (c) of subdivision two of this section, into

a depositary account owned and controlled by the Roswell Park Cancer

Institute corporation.

6. Notwithstanding the foregoing provisions of this section, upon the

payment or provision for payment of all outstanding bonds issued on or

before March thirty-first, two thousand twenty-five by the dormitory

authority to make loans to the department to finance or refinance state

hospital facilities in accordance with the terms of the bond resolution

under which such bonds were issued, the provisions of subdivisions two

and five of this section requiring (i) the payment and identification by

the department to the comptroller of moneys received from the Roswell

Park Cancer Institute corporation, (ii) the deposit and maintenance of

such moneys from the Roswell Park Cancer Institute corporation by the

comptroller in the department of health income fund, and (iii) the

release of excess moneys in the department of health income fund

attributed to the operation of the Roswell Park Cancer Institute

corporation or its subsidiaries, shall no longer be applicable and,

thereafter, all such moneys from the operation of the Roswell Park

Cancer Institute corporation shall remain in the custody and/or control

of the corporation and/or its subsidiaries.