N.Y. Public Health Law § 409-b: Distribution of surplus revenue

§ 409-b. Distribution of surplus revenue. 1. Notwithstanding any

inconsistent provisions of section four hundred nine of this article,

the commissioner shall establish a plan for distribution of surplus

revenue to the institutional program in accordance with the provisions

of this section.

2. The commissioner shall annually certify to the director of the

budget when there are sufficient receipts deposited to the department of

health income fund to meet the department's revenue target for debt

service and institutional operations established in the budget for the

fiscal year.

3. The commissioner shall allocate the full amount of the receipts

received from state hospitals within the department which exceed the

amount certified to the director of the division of the budget pursuant

to subdivision two of this section to be paid over and deposited in the

surplus revenue account established pursuant to subdivision four of this

section to be allocated to such facilities in accordance with

subdivision five of this section.

4. There shall be established within the special revenue funds - other

a department of health facility surplus revenue account. All surplus

revenues allocated pursuant to subdivision three of this section shall

be paid over and deposited to the department of health facility surplus

revenue account.

5. The commissioner shall segregate any funds available in the

department of health facility surplus revenue account pursuant to

subdivision four of this section to the state hospitals within the

department based on consideration of the following factors: (i) the

proportion of funds that each facility contributes to such surplus

revenue; and (ii) the amounts each facility contributed to the

department of health income fund under section four hundred nine of this

article. The amounts shall be allocated to each facility in accordance

with a plan, subject to the approval of the commissioner, submitted by

each facility to ensure that such funds are used for non-recurring

expenses including personal services contracts and equipment leases and

rentals that are for no more than one year, but are potentially

renewable and meet all applicable state purchasing requirements.