§ 54-I — Human services overburden aid to counties

New York § 54-I

• Jurisdiction: New York
• Law STF: State Finance
• Art. 4-A: State Assistance to Local Government

Text

* § 54-i. Human services overburden aid to counties. 1. Definitions.\nWhen used in this section, unless otherwise expressly stated:\n a. "County", for the purposes of computation and payment of overburden\naid under this section, shall mean each county located outside the city\nof New York and the city of New York.\n b. "Total local cost", for each county for the purposes of computation\nand payment of overburden aid under this section, shall mean the total\nlocal costs of such county as a social services district pursuant to\nsection three hundred sixty-five-a of the social services law including\nadministrative expenses therefor.\n c. "Medical assistance", for the purposes of computation and payment\nof overburden aid under this section, shall be defined in accordance\nwith section three hundred sixty-five-a of the social services law.\n d. "Mentally disabled", for the purposes of computation and payment of\noverburden aid under this section, shall mean those individuals who are\neligible for medical assistance pursuant to section three hundred\nsixty-six of the social services law as a result of a mental disability\nas determined by the commissioner of the department of social services\nin consultation with the commissioners of the office of mental health\nand the office of mental retardation and developmental disabilities and\nwith the approval of the director of the budget.\n 2. Human services overburden aid shall be calculated and paid to\ncounties in accordance with the following:\n (i) Each county shall be entitled, on a quarterly basis to receive\nhuman services overburden aid payments based on the local share of\nmedical assistance payments, as calculated in paragraph (iii) hereof,\nincurred by said county during each of the four calendar quarters of the\ncalendar year for which this section is in effect.\n (ii) The commissioner of the department of social services shall, on\nor before the forty-fifth day after the close of each calendar quarter\nof nineteen hundred eighty-three, certify to the commissioner of\ntaxation and finance (a) the total local cost incurred by each county\nduring the preceding three full months, and (b) the amount of each such\ntotal that was incurred in providing medical assistance for the mentally\ndisabled, and (c) the amount of each such total that was incurred in\nproviding medical assistance to individuals for which there is no\nfederal financial participation available under the medical assistance\nprogram exclusive of any such amount included in clause (b) hereof for\neach such total.\n (iii) On or before the last day of the month during which he shall\nreceive a certification by the commissioner of the department of social\nservices as required pursuant to paragraph (ii) hereof, the commissioner\nof taxation and finance shall calculate and certify the human services\noverburden aid payable to counties pursuant to paragraph (iv) hereof.\n (iv) Human services overburden aid payments to each county shall equal\nthe amount determined in clause (b) of paragraph (ii) hereof for such\ncounty plus thirty-five percent of the amount determined in clause (c)\nof paragraph (ii) hereof for such county, plus seventeen percent of the\nresult obtained by subtracting the amounts determined in clauses (b) and\n(c) of paragraph (ii) hereof for such county from the amount determined\nin clause (a) of paragraph (ii) hereof for such county; provided,\nhowever, that the amounts to be included in clauses (b) and (c) of\nparagraph (ii) hereof may be determined by expressing as a percentage\nthat portion of the payments made through the fiscal agent authorized by\nsection three hundred sixty-seven-b of the social services law which is\nproperly includable in each such clause and applying said percentage to\nthe total local cost.\n (v) Human services overburden aid shall be paid in amounts certified\npursuant to paragraph (iii) hereof to the chief fiscal officer of each\ncounty on the audit and warrant of the comptroller out of moneys\nappropriated by the legislature for such purpose to the credit of the\ngeneral fund of the state treasury.\n 3. The provisions of this section shall remain in force and effect\nonly until March thirty-first, nineteen hundred eighty-four.\n * NB Expired March 31, 1984 (see sub 3)\n