§ 409 — Department of health income fund

§ 409. Department of health income fund. 1. There is established in\nthe custody of the comptroller a special account, to be known as the\ndepartment of health income fund.\n 2. (a) The commissioner shall, after the first day of July, nineteen\nhundred seventy-one, pay over moneys received by the department\nincluding, subject to subdivision six of this section, moneys received\nfrom the Roswell Park Cancer Institute corporation for the care,\nmaintenance and treatment of patients at state hospitals in the\ndepartment as enumerated in section four hundred three of this chapter,\ntogether with money received from fees, including parking fees, refunds,\nreimbursements, payments received pursuant to leases, sales of property\nand miscellaneous receipts of such hospitals other than gifts, grants,\nbequests and moneys received under research contracts, and clinical\npractice income received pursuant to a clinical practice plan\nestablished pursuant to subdivision fourteen of section two hundred six\nof this chapter except for the amount of money required by the\ncomptroller to be maintained on deposit in the department of health\nincome fund pursuant to paragraph (c) of this subdivision less payments\nrequired to be made into pools created by this chapter and for\nassessments established pursuant to this chapter and less refunds made\npursuant to law, to the comptroller to be deposited by the comptroller\nin the department of health income fund. Such moneys shall be kept\nseparate and shall not be commingled with any other moneys in the hands\nof the comptroller. All deposits of such money shall, if required by the\ncomptroller, be secured by obligations of the United States or of the\nstate of market value equal at all times to the amount of the deposit\nand all banks and trust companies are authorized to give such securities\nfor such deposits. The commissioner shall identify to the comptroller\nmoneys received from Roswell Park Cancer Institute corporation or its\nsubsidiaries.\n (b) Subject to the terms of any agreement between the department and\nthe dormitory authority, any such moneys in the department of health\nincome fund not required for immediate use, may, in the discretion of\nthe comptroller, be invested by the comptroller in obligations of the\nUnited States or the state or obligations the principal and interest of\nwhich are guaranteed by the United States or the state.\n (c) The comptroller shall at all times maintain on deposit in the\ndepartment of health income fund the aggregate amount of money needed by\nthe department during the next succeeding six calendar months to comply\nin full with all obligations of the department under the terms of every\nlease, sublease or agreement of the department with the dormitory\nauthority which is then in effect, including without limitation by the\nspecification thereof, (i) the amount needed to make rental payments\nthereunder during such semiannual period, and (ii) the amount needed to\nestablish and maintain reserves thereunder during such period.\n (d) The comptroller shall from time to time but in no event later than\nthe last day of March, June, September and December of each year pay\nover and deposit in the special revenue funds - other, miscellaneous\nspecial revenue fund - 339, Roswell Park cancer institute account, Helen\nHayes hospital account, New York state home for veterans and their\ndependents at Oxford account, western New York veterans' home account\nand New York state home for veterans in the lower-Hudson Valley account,\nin accordance with directions from the commissioner of health concerning\nthe distribution of revenues among the various accounts, all moneys in\nthe department of health income fund in excess of the aggregate amount\nof money required to be maintained in the department of health income\nfund pursuant to paragraph (c) of this subdivision. Prior to making any\nsuch transfer, the comptroller shall make and deliver to the director of\nthe budget and to the dormitory authority his certificate stating the\naggregate amount to be maintained on deposit in the department of health\nincome fund to comply in full with the provision of paragraph (c) of\nthis subdivision. When further directed by the commissioner, the\ncomptroller shall transfer revenues and/or appropriations between and\namong these accounts and the special revenue funds - other,\nmiscellaneous special revenue fund - 339, New York city veteran's home\naccount. For purposes of transferring appropriations it is intended\nthat the following accounts be understood to be part of the same program\nand same fund for purposes of section fifty-one of the state finance\nlaw, thereby authorizing unlimited interchangeability of appropriated\namounts between the following accounts in the special revenue funds -\nother, miscellaneous special revenue fund - 339: Roswell Park Cancer\nInstitute Account, Helen Hayes Hospital Account, New York State Home for\nVeterans and Their Dependents at Oxford Account, Western New York\nVeterans' Home Account, New York State Home for Veterans in the\nlower-Hudson Valley Account, and New York City Veterans' Home Account.\nThe comptroller shall, as determined by the commissioner and consistent\nwith any repayment agreement entered into between the director of the\nbudget and the commissioner, transfer funds from the Roswell Park cancer\ninstitute account, Helen Hayes hospital account, New York state home for\nveterans and their dependents at Oxford account, western New York\nveterans' home account or New York state home for veterans in the\nlower-Hudson Valley account to the department of health services account\nto repay all or part of any outstanding liabilities in the health\nservices account attributed to the respective hospitals for which such\naccounts were established.\n 3. To secure the payment of any money due or to become due in any year\nunder any lease, sublease or agreement entered into between the\ndepartment and the dormitory authority, the commissioner may pledge or\nassign to the dormitory authority all or any moneys in the department of\nhealth income fund established pursuant to this section, and any and all\nmoneys which may be receivable by the department and credited to such\ndepartment of health income fund in the future, and any right, title and\ninterest of the department in and to the money in or to be deposited in\nsuch department of health income fund.\n 4. The moneys in the department of health income fund shall be paid\nout of such fund on the audit and warrant of the comptroller on vouchers\ncertified or approved by the commissioner, or by an officer or employee\nof the department designated by the commissioner, notwithstanding the\nprovisions of any general or special law to the contrary.\n 5. Notwithstanding any inconsistent provision of this section or any\nother law to the contrary, including, but not limited to, section four\nof the state finance law, the comptroller shall no less than biweekly\npay any moneys which the commissioner identifies as being attributed to\nthe operation of the Roswell Park Cancer Institute corporation or the\nproperties leased to it by the state or subsidiaries of such\ncorporation, which are in excess of the amounts required to comply with\nthe provisions of paragraph (c) of subdivision two of this section, into\na depositary account owned and controlled by the Roswell Park Cancer\nInstitute corporation.\n 6. Notwithstanding the foregoing provisions of this section, upon the\npayment or provision for payment of all outstanding bonds issued on or\nbefore March thirty-first, two thousand twenty-five by the dormitory\nauthority to make loans to the department to finance or refinance state\nhospital facilities in accordance with the terms of the bond resolution\nunder which such bonds were issued, the provisions of subdivisions two\nand five of this section requiring (i) the payment and identification by\nthe department to the comptroller of moneys received from the Roswell\nPark Cancer Institute corporation, (ii) the deposit and maintenance of\nsuch moneys from the Roswell Park Cancer Institute corporation by the\ncomptroller in the department of health income fund, and (iii) the\nrelease of excess moneys in the department of health income fund\nattributed to the operation of the Roswell Park Cancer Institute\ncorporation or its subsidiaries, shall no longer be applicable and,\nthereafter, all such moneys from the operation of the Roswell Park\nCancer Institute corporation shall remain in the custody and/or control\nof the corporation and/or its subsidiaries.\n