There is a newer version of the New York Consolidated Laws
2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2807-L - Health care initiatives pool distributions.
§ 2807-l. Health care initiatives pool distributions. 1. Funds
accumulated in the health care initiatives pools pursuant to paragraph
(b) of subdivision nine of section twenty-eight hundred seven-j of this
article, or the health care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall be distributed
or retained by the commissioner or by the state comptroller, as
applicable, in accordance with the following.
(a) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to programs to provide health care coverage for
uninsured or underinsured children pursuant to sections twenty-five
hundred ten and twenty-five hundred eleven of this chapter from the
respective health care initiatives pools established for the following
periods in the following amounts:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, up to one hundred twenty million six hundred thousand
dollars;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand, two hundred seven million dollars;
(v) from the pool for the period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
(vi) from the pool for the period January first, two thousand two
through December thirty-first, two thousand two, three hundred
twenty-four million dollars;
(vii) from the pool for the period January first, two thousand three
through December thirty-first, two thousand three, up to four hundred
fifty million three hundred thousand dollars;
(viii) from the pool for the period January first, two thousand four
through December thirty-first, two thousand four, up to four hundred
sixty million nine hundred thousand dollars;
(ix) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two
thousand five through December thirty-first, two thousand five, up to
one hundred fifty-three million eight hundred thousand dollars;
(x) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, up to three hundred twenty-five million four hundred
thousand dollars;
(xi) from the health care reform act (HCRA) resources fund for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight million fifty-nine
thousand dollars;
(xii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December thirty-first,
two thousand ten, up to four hundred fifty-three million six hundred
seventy-four thousand dollars annually; and
(xiii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred thirteen million four hundred
eighteen thousand dollars.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care
coverage act of nineteen hundred eighty-eight as amended, and for
evaluation of such programs from the respective health care initiatives
pools or the health care reform act (HCRA) resources fund, whichever is
applicable, established for the following periods in the following
amounts:
(i) (A) an amount not to exceed six million dollars on an annualized
basis for the periods January first, nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up to six
million dollars for the period January first, two thousand through
December thirty-first, two thousand; up to five million dollars for the
period January first, two thousand one through December thirty-first,
two thousand one; up to four million dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
up to two million six hundred thousand dollars for the period January
first, two thousand three through December thirty-first, two thousand
three; up to one million three hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four; up to six hundred seventy thousand dollars for the period
January first, two thousand five through June thirtieth, two thousand
five; up to one million three hundred thousand dollars for the period
April first, two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through March thirty-first,
two thousand nine, shall be allocated to individual subsidy programs;
and
(B) an amount not to exceed seven million dollars on an annualized
basis for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the periods January first, two
thousand through December thirty-first, two thousand two, and three
million dollars for the period January first, two thousand three through
December thirty-first, two thousand three, and two million dollars for
the period January first, two thousand four through December
thirty-first, two thousand four, and two million dollars for the period
January first, two thousand five through June thirtieth, two thousand
five shall be allocated to the catastrophic health care expense program.
(ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance partnership program
as in effect prior to June thirtieth, two thousand three, voucher
program as in effect prior to December thirty-first, two thousand one,
individual subsidy program as in effect prior to June thirtieth, two
thousand five, and catastrophic health care expense program, as in
effect prior to June thirtieth, two thousand five, may, for the purposes
of identifying matching funds for the community health care conversion
demonstration project described in a waiver of the provisions of title
XIX of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand three hundred twenty-two-a,
four thousand three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c) Up to seventy-eight million dollars shall be reserved and
accumulated from year to year from the pool for the period January
first, nineteen hundred ninety-seven through December thirty-first,
nineteen hundred ninety-seven, for purposes of public health programs,
up to seventy-six million dollars shall be reserved and accumulated from
year to year from the pools for the periods January first, nineteen
hundred ninety-eight through December thirty-first, nineteen hundred
ninety-eight and January first, nineteen hundred ninety-nine through
December thirty-first, nineteen hundred ninety-nine, up to eighty-four
million dollars shall be reserved and accumulated from year to year from
the pools for the period January first, two thousand through December
thirty-first, two thousand, up to eighty-five million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand one through December thirty-first, two
thousand one, up to eighty-six million dollars shall be reserved and
accumulated from year to year from the pools for the period January
first, two thousand two through December thirty-first, two thousand two,
up to eighty-six million one hundred fifty thousand dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand three through December thirty-first, two
thousand three, up to fifty-eight million seven hundred eighty thousand
dollars shall be reserved and accumulated from year to year from the
pools for the period January first, two thousand four through December
thirty-first, two thousand four, up to sixty-eight million seven hundred
thirty thousand dollars shall be reserved and accumulated from year to
year from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand five
through December thirty-first, two thousand five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and
accumulated from year to year from the health care reform act (HCRA)
resources fund for the period January first, two thousand six through
December thirty-first, two thousand six, up to seventy million nine
hundred thirty-nine thousand dollars shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand seven through December
thirty-first, two thousand seven, up to fifty-five million six hundred
eighty-nine thousand dollars annually shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand eight through December
thirty-first, two thousand ten, and up to thirteen million nine hundred
twenty-two thousand dollars shall be reserved and accumulated from year
to year from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven, and shall be available, including income from
invested funds, for:
(i) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, hospital based grants program account or the health care
reform act (HCRA) resources fund, whichever is applicable, for purposes
of services and expenses related to general hospital based grant
programs, up to twenty-two million dollars annually from the nineteen
hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
hundred ninety-nine pool, two thousand pool, two thousand one pool and
two thousand two pool, respectively, up to twenty-two million dollars
from the two thousand three pool, up to ten million dollars for the
period January first, two thousand four through December thirty-first,
two thousand four, up to eleven million dollars for the period January
first, two thousand five through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, up to
twenty-two million ninety-seven thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, and up to five million five hundred twenty-four thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven;
(ii) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the emergency medical services training
account established in section ninety-seven-q of the state finance law
or the health care reform act (HCRA) resources fund, whichever is
applicable, up to sixteen million dollars on an annualized basis for the
periods January first, nineteen hundred ninety-seven through December
thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
for the period January first, two thousand through December
thirty-first, two thousand, up to twenty-one million dollars for the
period January first, two thousand one through December thirty-first,
two thousand one, up to twenty-two million dollars for the period
January first, two thousand two through December thirty-first, two
thousand two, up to twenty-two million five hundred fifty thousand
dollars for the period January first, two thousand three through
December thirty-first, two thousand three, up to nine million six
hundred eighty thousand dollars for the period January first, two
thousand four through December thirty-first, two thousand four, up to
twelve million one hundred thirty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five, up to twenty-four million two hundred fifty thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six, up to twenty million four hundred
ninety-two thousand dollars annually for the period January first, two
thousand seven through December thirty-first, two thousand ten, and up
to five million one hundred twenty-three thousand dollars for the period
January first, two thousand eleven through March thirty-first, two
thousand eleven;
(iii) priority distributions by the commissioner up to thirty-two
million dollars on an annualized basis for the period January first, two
thousand through December thirty-first, two thousand four, up to
thirty-eight million dollars on an annualized basis for the period
January first, two thousand five through December thirty-first, two
thousand six, up to eighteen million two hundred fifty thousand dollars
for the period January first, two thousand seven through December
thirty-first, two thousand seven, up to three million dollars annually
for the period January first, two thousand eight through December
thirty-first, two thousand ten, and up to seven hundred fifty thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, to be allocated (A) for the purposes
established pursuant to subparagraph (ii) of paragraph (f) of
subdivision nineteen of section twenty-eight hundred seven-c of this
article as in effect on December thirty-first, nineteen hundred
ninety-six and as may thereafter be amended, up to fifteen million
dollars annually for the periods January first, two thousand through
December thirty-first, two thousand four, up to twenty-one million
dollars annually for the period January first, two thousand five through
December thirty-first, two thousand six, and up to seven million five
hundred thousand dollars for the period January first, two thousand
seven through March thirty-first, two thousand seven;
(B) pursuant to a memorandum of understanding entered into by the
commissioner, the majority leader of the senate and the speaker of the
assembly, for the purposes outlined in such memorandum upon the
recommendation of the majority leader of the senate, up to eight
million five hundred thousand dollars annually for the period January
first, two thousand through December thirty-first, two thousand six, and
up to four million two hundred fifty thousand dollars for the period
January first, two thousand seven through June thirtieth, two thousand
seven, and for the purposes outlined in such memorandum upon the
recommendation of the speaker of the assembly, up to eight million five
hundred thousand dollars annually for the periods January first, two
thousand through December thirty-first, two thousand six, and up to four
million two hundred fifty thousand dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven; and
(C) for services and expenses, including grants, related to emergency
assistance distributions as designated by the commissioner.
Notwithstanding section one hundred twelve or one hundred sixty-three of
the state finance law or any other contrary provision of law, such
distributions shall be limited to providers or programs where, as
determined by the commissioner, emergency assistance is vital to protect
the life or safety of patients, to ensure the retention of facility
caregivers or other staff, or in instances where health facility
operations are jeopardized, or where the public health is jeopardized or
other emergency situations exist, up to three million dollars annually
for the period April first, two thousand seven through March
thirty-first, two thousand eleven. Upon any distribution of such funds,
the commissioner shall immediately notify the chair and ranking minority
member of the senate finance committee, the assembly ways and means
committee, the senate committee on health, and the assembly committee on
health;
(iv) distributions by the commissioner related to poison control
centers pursuant to subdivision seven of section twenty-five hundred-d
of this chapter, up to five million dollars for the period January
first, nineteen hundred ninety-seven through December thirty-first,
nineteen hundred ninety-seven, up to three million dollars on an
annualized basis for the periods during the period January first,
nineteen hundred ninety-eight through December thirty-first, nineteen
hundred ninety-nine, up to five million dollars annually for the periods
January first, two thousand through December thirty-first, two thousand
two, up to four million six hundred thousand dollars annually for the
periods January first, two thousand three through December thirty-first,
two thousand four, up to five million one hundred thousand dollars for
the period January first, two thousand five through December
thirty-first, two thousand six annually, up to five million one hundred
thousand dollars annually for the period January first, two thousand
seven through December thirty-first, two thousand nine, up to three
million six hundred thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, and up to
seven hundred seventy-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven; and
(v) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, miscellaneous special revenue fund - 339 maternal and
child HIV services account or the health care reform act (HCRA)
resources fund, whichever is applicable, for purposes of a special
program for HIV services for infants and pregnant women pursuant to
section seventy-one of chapter seven hundred thirty-one of the laws of
nineteen hundred ninety-three, amending the public health law and other
laws relating to reimbursement, delivery and capital costs of ambulatory
health care services and inpatient hospital services, up to five million
dollars annually for the periods January first, two thousand through
December thirty-first, two thousand two, up to five million dollars for
the period January first, two thousand three through December
thirty-first, two thousand three, up to two million five hundred
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to two million five hundred
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to five million dollars for
the period January first, two thousand six through December
thirty-first, two thousand six, up to five million dollars annually for
the period January first, two thousand seven through December
thirty-first, two thousand ten, and up to one million two hundred fifty
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven;
(d) (i) An amount of up to twenty million dollars annually for the
period January first, two thousand through December thirty-first, two
thousand six, up to ten million dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, up to
twenty million dollars annually for the period January first, two
thousand eight through December thirty-first, two thousand ten, and up
to five million dollars for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, shall be
transferred to the health facility restructuring pool established
pursuant to section twenty-eight hundred fifteen of this article;
(ii) provided, however, amounts transferred pursuant to subparagraph
(i) of this paragraph may be reduced in an amount to be approved by the
director of the budget to reflect the amount received from the federal
government under the state's 1115 waiver which is directed under its
terms and conditions to the health facility restructuring program.
(e) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to organizations to support the health workforce
retraining program established pursuant to section twenty-eight hundred
seven-g of this article from the respective health care initiatives
pools established for the following periods in the following amounts
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, during the period January first, nineteen
hundred ninety-seven through December thirty-first, nineteen hundred
ninety-nine, up to fifty million dollars on an annualized basis, up to
thirty million dollars for the period January first, two thousand
through December thirty-first, two thousand, up to forty million dollars
for the period January first, two thousand one through December
thirty-first, two thousand one, up to fifty million dollars for the
period January first, two thousand two through December thirty-first,
two thousand two, up to forty-one million one hundred fifty thousand
dollars for the period January first, two thousand three through
December thirty-first, two thousand three, up to forty-one million one
hundred fifty thousand dollars for the period January first, two
thousand four through December thirty-first, two thousand four, up to
fifty-eight million three hundred sixty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five, up to fifty-two million three hundred sixty thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six, up to thirty-five million four hundred
thousand dollars annually for the period January first, two thousand
seven through December thirty-first, two thousand ten and up to eight
million eight hundred fifty thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, less the amount of funds available for allocations for rate
adjustments for workforce training programs for payments by state
governmental agencies for inpatient hospital services.
(f) Funds shall be accumulated and transferred from as follows:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, (A) thirty-four million six hundred thousand dollars
shall be transferred to funds reserved and accumulated pursuant to
paragraph (b) of subdivision nineteen of section twenty-eight hundred
seven-c of this article, and (B) eighty-two million dollars shall be
transferred and deposited and credited to the credit of the state
general fund medical assistance local assistance account;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, eighty-two million dollars shall be transferred and
deposited and credited to the credit of the state general fund medical
assistance local assistance account;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
eighty-two million dollars shall be transferred and deposited and
credited to the credit of the state general fund medical assistance
local assistance account;
(iv) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two
thousand through December thirty-first, two thousand four, eighty-two
million dollars annually, and for the period January first, two thousand
five through December thirty-first, two thousand five, eighty-two
million dollars, and for the period January first, two thousand six
through December thirty-first, two thousand six, eighty-two million
dollars, and for the period January first, two thousand seven through
December thirty-first, two thousand seven, eighty-two million dollars,
and for the period January first, two thousand eight through December
thirty-first, two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the commissioner, and the state
comptroller is hereby authorized and directed to receive for deposit to
the credit of the state special revenue fund - other, HCRA transfer
fund, medical assistance account;
(v) from the health care reform act (HCRA) resources fund for the
period January first, two thousand nine through December thirty-first,
two thousand nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January first, two thousand ten
through December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, and for the period January first,
two thousand eleven through March thirty-first, two thousand eleven,
twenty million five hundred thousand dollars, shall be deposited by the
commissioner, and the state comptroller is hereby authorized and
directed to receive for deposit, to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account.
(g) Funds shall be transferred to primary health care services pools
created by the commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools for the following periods in the following
percentage amounts of funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, fifteen and eighty-seven-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, fifteen and eighty-seven-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
(h) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for purposes of primary care education and training pursuant to
article nine of this chapter from the respective health care initiatives
pools established for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with
paragraphs (a) through (f) of this subdivision and shall be available
for distributions as follows:
(i) funds shall be reserved and accumulated:
(A) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, six and thirty-five-hundredths percent;
(B) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, six and thirty-five-hundredths percent; and
(C) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent;
(ii) funds shall be available for distributions including income from
invested funds as follows:
(A) for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of this chapter, up to
five million dollars on an annualized basis;
(B) for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in accordance with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(D) provided, however, that the commissioner may reallocate any funds
remaining or unallocated for distributions for the primary care
practitioner scholarship program in accordance with section nine hundred
four of this chapter.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for
distributions in accordance with section twenty-nine hundred fifty-two
and section twenty-nine hundred fifty-eight of this chapter for rural
health care delivery development and rural health care access
development, respectively, from the respective health care initiatives
pools or the health care reform act (HCRA) resources fund, whichever is
applicable, for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with
paragraphs (a) through (f) of this subdivision, and for periods on and
after January first, two thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, thirteen and forty-nine-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, thirteen and forty-nine-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, seventeen million dollars
annually, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to fifteen million eight
hundred fifty thousand dollars;
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, and for the period January first,
two thousand five through December thirty-first, two thousand five, up
to nineteen million two hundred thousand dollars, and for the period
January first, two thousand six through December thirty-first, two
thousand six, up to nineteen million two hundred thousand dollars, for
the period January first, two thousand seven through December
thirty-first, two thousand ten, up to eighteen million one hundred fifty
thousand dollars annually, and for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, up to
four million five hundred thirty-eight thousand dollars.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions related to health information and health care quality
improvement pursuant to former section twenty-eight hundred seven-n of
this article from the respective health care initiatives pools
established for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with
paragraphs (a) through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, six and thirty-five-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, six and thirty-five-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent.
(k) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for
allocations and distributions in accordance with section twenty-eight
hundred seven-p of this article for diagnostic and treatment center
uncompensated care from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is
applicable, for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with
paragraphs (a) through (f) of this subdivision, and for periods on and
after January first, two thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, thirty-eight and one-tenth percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, thirty-eight and one-tenth percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, forty-eight million dollars
annually, and for the period January first, two thousand three through
June thirtieth, two thousand three, twenty-four million dollars;
(v) (A) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period July first, two thousand
three through December thirty-first, two thousand three, up to six
million dollars, for the period January first, two thousand four through
December thirty-first, two thousand six, up to twelve million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand ten, up to forty-eight million
dollars annually, and for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, up to twelve million
dollars;
(B) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, an additional seven million five hundred thousand
dollars, for the period January first, two thousand seven through
December thirty-first, two thousand ten, an additional seven million
five hundred thousand dollars annually, and for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, an additional one million eight hundred seventy-five thousand
dollars, for voluntary non-profit diagnostic and treatment center
uncompensated care in accordance with subdivision four-c of section
twenty-eight hundred seven-p of this article; and
(vi) funds reserved and accumulated pursuant to this paragraph for
periods on and after July first, two thousand three, shall be deposited
by the commissioner, within amounts appropriated, and the state
comptroller is hereby authorized and directed to receive for deposit to
the credit of the state special revenue funds - other, HCRA transfer
fund, medical assistance account, for purposes of funding the state
share of rate adjustments made pursuant to section twenty-eight hundred
seven-p of this article, provided, however, that in the event federal
financial participation is not available for rate adjustments made
pursuant to paragraph (b) of subdivision one of section twenty-eight
hundred seven-p of this article, funds shall be distributed pursuant to
paragraph (a) of subdivision one of section twenty-eight hundred seven-p
of this article from the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever is applicable.
(l) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for transfer to and allocation for services and expenses for the
payment of benefits to recipients of drugs under the AIDS drug
assistance program (ADAP) - HIV uninsured care program as administered
by Health Research Incorporated from the respective health care
initiatives pools or the health care reform act (HCRA) resources fund,
whichever is applicable, established for the following periods in the
following percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, nine and fifty-two-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, nine and fifty-two-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine,
nine and sixty-eight-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, up to twelve million dollars
annually, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to forty million dollars;
and
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the periods January first, two thousand
four through December thirty-first, two thousand four, up to fifty-six
million dollars, for the period January first, two thousand five through
December thirty-first, two thousand six, up to sixty million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand ten, up to sixty million dollars
annually, and for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, up to fifteen million dollars.
(m) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions pursuant to section twenty-eight hundred seven-r of
this article for cancer related services from the respective health care
initiatives pools or the health care reform act (HCRA) resources fund,
whichever is applicable, established for the following periods in the
following percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-seven, seven and ninety-four-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred
ninety-eight, seven and ninety-four-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand two, up to ten million dollars on an
annual basis;
(v) from the pool for the period January first, two thousand three
through December thirty-first, two thousand four, up to eight million
nine hundred fifty thousand dollars on an annual basis;
(vi) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two
thousand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars on an annual basis, for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to nineteen million dollars annually, and for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven, up to four million seven hundred fifty thousand
dollars.
(n) Funds shall be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand eight, and
on an annual basis for the periods April first, two thousand eight
through November thirtieth, two thousand nine, funds within amounts
appropriated shall be transferred and deposited and credited to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2. Notwithstanding any inconsistent provision of law, rule or
regulation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred
ninety-nine, which are unused or uncommitted for distributions pursuant
to this section shall be reserved and accumulated from year to year by
the commissioner and, within amounts appropriated, transferred and
deposited into the special revenue funds - other, miscellaneous special
revenue fund - 339, child health insurance account or any successor fund
or account, for purposes of distributions to implement the child health
insurance program established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for periods on and
after January first, two thousand one; provided, however, funds reserved
and accumulated for priority distributions pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall not be
transferred and deposited into such account pursuant to this
subdivision; and provided further, however, that any unused or
uncommitted pool funds accumulated and allocated pursuant to paragraph
(j) of subdivision one of this section shall be distributed for purposes
of the health information and quality improvement act of 2000.
3. Revenue from distributions pursuant to this section shall not be
included in gross revenue received for purposes of the assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of this article, subject to the provisions of paragraph (e) of
subdivision eighteen of section twenty-eight hundred seven-c of this
article, and shall not be included in gross revenue received for
purposes of the assessments pursuant to section twenty-eight hundred
seven-d of this article, subject to the provisions of subdivision twelve
of section twenty-eight hundred seven-d of this article.
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