N.Y. State Finance Law § 92-dd: Health care reform act (HCRA) resources fund

§ 92-dd. Health care reform act (HCRA) resources fund. Notwithstanding

any contrary provision of law, there is hereby established in the joint

custody of the comptroller and the department of health a fund to be

known as the health care reform act resources fund. Such fund shall be

composed of the HCRA program account and the HCRA transition account,

which are hereby established, and such other existing or other duly

authorized funds or accounts which the director of the budget, upon

recommendation of the commissioner of health, may direct to be

transferred into the HCRA resources fund. Such fund shall be

administered in accordance with the following:

(a) On and after April first, two thousand five, such fund shall

consist of the revenues heretofore and hereafter collected or required

to be deposited pursuant to paragraph (a) of subdivision eighteen of

section twenty-eight hundred seven-c, and sections twenty-eight hundred

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

of the public health law, subdivisions (b) and (c) of section four

hundred eighty-two and section eleven hundred eighty-six of the tax law

and required to be credited to the tobacco control and insurance

initiatives pool, subparagraph (O) of paragraph four of subsection (j)

of section four thousand three hundred one of the insurance law, section

twenty-seven of part A of chapter one of the laws of two thousand two

and all other moneys credited or transferred thereto from any other fund

or source pursuant to law.

(b) The pool administrator under contract with the commissioner of

health pursuant to section twenty-eight hundred seven-y of the public

health law shall continue to collect moneys required to be collected or

deposited pursuant to paragraph (a) of subdivision eighteen of section

twenty-eight hundred seven-c, and sections twenty-eight hundred seven-j,

twenty-eight hundred seven-s and twenty-eight hundred seven-t of the

public health law, and shall deposit such moneys in the HCRA resources

fund. The comptroller shall deposit moneys collected or required to be

deposited pursuant to subdivisions (b) and (c) of section four hundred

eighty-two of the tax law and required to be credited to the tobacco

control and insurance initiatives pool, subparagraph (O) of paragraph

four of subsection (j) of section four thousand three hundred one of the

insurance law, section twenty-seven of part A of chapter one of the laws

of two thousand two and all other moneys credited or transferred thereto

from any other fund or source pursuant to law in the HCRA resources

fund.

(c) The pool administrator shall, from appropriated funds transferred

to the pool administrator from the comptroller, continue to make

payments as required pursuant to sections twenty-eight hundred seven-k,

twenty-eight hundred seven-m (not including payments made pursuant to

paragraphs (c), (d),, (f) and (g) of subdivision five-a of section

twenty-eight hundred seven-m), and twenty-eight hundred seven-w of the

public health law, paragraph (e) of subdivision twenty-five of section

twenty-eight hundred seven-c of the public health law, paragraphs (b)

and (c) of subdivision thirty of section twenty-eight hundred seven-c of

the public health law, paragraph (b) of subdivision eighteen of section

twenty-eight hundred eight of the public health law, subdivision seven

of section twenty-five hundred-d of the public health law and section

eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.

(d) Moneys in the health care reform act resources fund shall be kept

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

joint or sole custody of the comptroller and the department of health.

(e) Moneys of the fund, following appropriation by the legislature,

shall be expended in accordance with sections twenty-eight hundred

seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m, and

twenty-eight hundred seven-v of the public health law, pursuant to a

certificate of approval of availability issued by the director of the

budget, upon the recommendation of the commissioner of health, or where

appropriate, the superintendent of financial services, the commissioner

of mental health and the director of the state office for the aging, and

a copy of such certificate filed with the state comptroller, the

chairperson of the senate finance committee and the chairperson of the

assembly ways and means committee.

(f) The moneys, following allocation, shall be paid out of the fund on

the audit and warrant of the comptroller on vouchers certified or

approved by the commissioner of health, or by an officer or employee of

the department of health designated by the commissioner.

(g) Upon the direction of the director of the budget, the state

comptroller shall transfer amounts up to the undisbursed balance of

existing funds and accounts supported by revenues collected pursuant to

HCRA to the HCRA resources fund.

(h) The comptroller shall provide the pool administrator with any

information needed, in a form or format prescribed by the pool

administrator, to meet health care reform act reporting requirements as

set forth in article twenty-eight of the public health law or as

otherwise provided by law.

(i) The commissioner of health and the comptroller are directed to

develop an expedited process to make immediate payments to any provider

or an immediate transfer of funds to the pool administrator for the

purposes of making necessary distributions, within available

appropriations therefor, in accordance with sections twenty-eight

hundred seven-k, twenty-eight hundred seven-l, twenty-eight hundred

seven-m, and twenty-eight hundred seven-v of the public health law to

address emergency provider cash needs, as determined by the commissioner

of health.