N.Y. State Finance Law § 97-ttt: Federal revenue maximization contract fund

§ 97-ttt. Federal revenue maximization contract fund. 1. There is

hereby established in the joint custody of the state comptroller and the

commissioner of taxation and finance a fund to be known as the federal

revenue maximization contract fund.

2. Such fund shall consist of those revenues specified by the office

of temporary and disability assistance or the department of health, as

approved by the director of the budget, and properly received from the

federal government on account of federal revenue maximization activities

conducted by the former department of social services or the office of

temporary and disability assistance or the department of health, and

social services districts, both directly and through their contractors,

that are credited or transferred thereto from any other fund or source

pursuant to law.

3. Notwithstanding any provision of law to the contrary, to the extent

that federal revenues specified under subdivision two of this section

and related to medical assistance expenditures are properly received

under a federal revenue maximization contract which has been properly

executed by the department of health, and approved by the director of

the budget, and are used to reduce the state and local district cost of

medical assistance expenditures, the commissioner of health shall,

subject to the approval of the director of the budget, transfer such

specified revenues to the federal revenue maximization contract fund and

shall make all payments or transfers required by this section.

4. Moneys in the fund, pursuant to appropriation by the legislature

and issuance of a certificate of approval by the director of the budget

shall be made available for the following purposes:

(a) payment of fees, pursuant to a contract approved by the state

comptroller, to a contractor of the former department of social services

or the office of temporary and disability assistance or the department

of health providing federal revenue maximization services; and

(b) payment or reimbursement of the federal share of social services

district expenditures based on social services district claims for

additional federal reimbursements submitted in accordance with section

one hundred thirty-one-g of the social services law and identified by

the commissioner of the office of temporary and disability assistance or

the department of health, as federal revenue maximization claims

submitted on behalf of a city or county department or social services

district. Moneys shall be paid out of the fund on the audit and warrant

of the state comptroller on vouchers certified or approved by the

commissioner of the office of temporary and disability assistance or the

department of health and the director of the budget.

5. Notwithstanding any other provision of law to the contrary, any

federal revenues received by the state based on federal revenue

maximization contractor activities which reimburse social services

districts for activities which have been or will be subject to state

reimbursement shall be proportionately reduced by the amount of state

reimbursement received by the social services district, or, as

determined by the commissioner of the office of temporary and disability

assistance or the department of health and the director of the budget,

by any other city or county agency.

6. Moneys in the federal revenue maximization contract fund shall be

kept separate and shall not be commingled with any moneys in the custody

of the comptroller. Further, the comptroller shall establish within the

federal revenue maximization contract fund a revenue maximization

contractor account and a local maximization account.

7. Upon the identification, by the director of the budget, of moneys

resulting from federal revenue maximization activities conducted by the

former department of social services or the office of temporary and

disability assistance or the department of health, the state comptroller

shall apportion the moneys as follows:

(a) the first portion shall be deposited to the revenue maximization

contractor account, pursuant to the provisions of the applicable

contract with the former department of social services or the office of

temporary and disability assistance or the department of health, or a

social services district. The director of the budget shall review and

approve or disapprove the amounts to be so deposited;

(b) the second portion shall be deposited to the local maximization

account, in amounts to be determined by the director of the budget in

consultation with the commissioner of the office of temporary and

disability assistance and any other state department or agency, as

necessary; and

(c) remaining moneys shall be deposited to the contingency reserve

fund.

8. Payments to a contractor of the former department of social

services or the office of temporary and disability assistance or the

department of health or a social services district, who was engaged in

revenue maximization activities generating reimbursement specified for

deposit in the federal revenue maximization fund pursuant to subdivision

three of this section, shall be made only from the revenue maximization

contractor account.

9. Notwithstanding any law to the contrary, and in accordance with

section four of the state finance law, the comptroller is hereby

authorized and directed to transfer, upon request from the director of

the budget, $95,000,000 from any of the office of temporary and

disability assistance special revenue federal funds to the federal

revenue maximization fund (359) or the contingency reserve fund (005).