2015 New York Laws
STF - State Finance
Article 6 - (State Finance) FUNDS OF THE STATE
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,  subdivision  (b)  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.
(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 subdivision (b) 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
  subparagraph (ii) of paragraph (b) and paragraphs (c), (d), (e), (f) and
  (g) of subdivision five-a and subdivision seven 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.
(j) The state comptroller shall transfer from the HCRA resources  fund
  to the general debt service fund, revenue bond tax fund (311.02) amounts
  equal  to  the  debt service paid for bonds, notes, or other obligations
  issued pursuant to article five-C and article five-F of this chapter  to
  finance the HEAL NY capital grant program authorized pursuant to section
  sixteen hundred eighty-j of the public authorities law.