2020 New York Laws
STF - State Finance
Article 6 - Funds of the State
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).

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