N.Y. State Finance Law § 99-ss: Healthcare stability fund

* § 99-ss. Healthcare stability fund. 1. There is hereby established

in the joint custody of the state comptroller and the commissioner of

taxation and finance a special fund to be known as the "healthcare

stability fund" ("fund").

2. (a) The fund shall consist of monies received from the imposition

of the centers for medicare and medicaid services-approved MCO provider

tax established pursuant to section twenty-eight hundred seven-ff of the

public health law, and all other monies appropriated, 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 collect moneys required to be collected as a result of

the implementation of the MCO provider tax.

3. Notwithstanding any provision of law to the contrary and subject to

available legislative appropriation and approval of the director of the

budget, monies of the fund may be available to the department of health

for the purpose of:

(a) funding the non-federal share of increased capitation payments to

managed care providers, as defined in section three hundred sixty-four-j

of the social services law, for the medical assistance program, pursuant

to a plan developed and approved by the director of the budget;

(b) funding the non-federal share of the medical assistance program,

including supplemental support for the delivery of health care services

to medical assistance program enrollees and quality incentive programs;

(c) reimbursement to the general fund for expenditures incurred in the

medical assistance program, including, but not limited to, reimbursement

pursuant to a savings allocation plan established in accordance with

section ninety-two of part H of chapter fifty-nine of the laws of two

thousand eleven, as amended; and

(d) transfer to the capital projects fund, or any other capital

projects fund of the state to support the delivery of health care

services.

4. The monies 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.

5. Monies disbursed from the fund shall be exempt from the calculation

of department of health state funds medicaid expenditures under

subdivision one of section ninety-two of part H of chapter fifty-nine of

the laws of two thousand eleven, as amended.

6. Monies in such fund shall be kept separate from and shall not be

commingled with any other monies in the custody of the comptroller or

the commissioner of taxation and finance. Any monies of the fund not

required for immediate use may, at the discretion of the comptroller, in

consultation with the director of the budget, be invested by the

comptroller in obligations of the United States or the state. Any income

earned by the investment of such monies shall be added to and become a

part of and shall be used for the purposes of such fund.

7. The director of the budget shall provide quarterly reports to the

speaker of the assembly, the temporary president of the senate, the

chair of the senate finance committee and the chair of the assembly ways

and means committee, on the receipts and distributions of the healthcare

stability fund, including an itemization of such receipts and

disbursements, the historical and projected expenditures, and the

projected fund balance.

8. The comptroller shall provide the pool administrator with any

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

administrator, to meet reporting requirements as set forth in section

twenty-eight hundred seven-y of the public health law or as otherwise

provided by law.

* NB There are 3 § 99-ss's