N.Y. Public Health Law § 409-a: Department of health New York city veterans home income fund

§ 409-a. Department of health New York city veterans home income fund.

1. There is established in the custody of the comptroller a special

account, to be known as the "department of health New York city veterans

home income fund", which shall be referred to in this section as "the

fund".

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

hundred ninety-one, pay over moneys received by the department for the

care, maintenance and treatment of patients at the New York state home

for veterans in the city of New York, together with moneys received from

fees, including parking fees, refunds, reimbursements, sales of property

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

bequests and moneys received under research contracts to the comptroller

to be deposited by the comptroller in the 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.

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

the dormitory authority, any such moneys in the 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 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 any lease, sublease or agreement of

the department with the dormitory authority relating to the New York

state home for veterans in the city of New York which is then in effect,

including without limitation by the specification thereof, (i) the

amount needed to make rental or other 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, New York city veterans' home account, all

moneys in the fund in excess of the aggregate amount of money required

to be maintained in the department of health New York City veterans home

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 a certificate

stating the aggregate amount to be maintained on deposit in the 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 this account

and 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 veteran's home account and New York state home

for veterans in the lower-Hudson Valley 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 New York city veteran's home

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 New York city veterans' home.

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 relating to the New York state

home for veterans in the city of New York, the commissioner may pledge

or assign to the dormitory authority all or any moneys in the fund

established pursuant to this section, and any and all moneys which may

be receivable by the department and credited to such 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 fund.

4. The moneys in the 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 provision of any general or

special law to the contrary.