2013 New York Consolidated Laws
PBH - Public Health
Article 4 - PROPERTY AND HOSPITALS IN THE DEPARTMENT OF HEALTH
Title 1 - (401 - 410) GENERAL PROVISIONS
409-A - Department of health New York city veterans home income fund.


NY Pub Health L § 409-A (2012) What's This?
 
    § 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.

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