§ 92-DD — Health care reform act (HCRA) resources fund

§ 92-dd. Health care reform act (HCRA) resources fund. Notwithstanding\nany contrary provision of law, there is hereby established in the joint\ncustody of the comptroller and the department of health a fund to be\nknown as the health care reform act resources fund. Such fund shall be\ncomposed of the HCRA program account and the HCRA transition account,\nwhich are hereby established, and such other existing or other duly\nauthorized funds or accounts which the director of the budget, upon\nrecommendation of the commissioner of health, may direct to be\ntransferred into the HCRA resources fund. Such fund shall be\nadministered in accordance with the following:\n (a) On and after April first, two thousand five, such fund shall\nconsist of the revenues heretofore and hereafter collected or required\nto be deposited pursuant to paragraph (a) of subdivision eighteen of\nsection twenty-eight hundred seven-c, and sections twenty-eight hundred\nseven-j, twenty-eight hundred seven-s and twenty-eight hundred seven-t\nof the public health law, subdivision (b) of section four hundred\neighty-two and section eleven hundred eighty-six of the tax law and\nrequired to be credited to the tobacco control and insurance initiatives\npool, subparagraph (O) of paragraph four of subsection (j) of section\nfour thousand three hundred one of the insurance law, section\ntwenty-seven of part A of chapter one of the laws of two thousand two\nand all other moneys credited or transferred thereto from any other fund\nor source pursuant to law.\n (b) The pool administrator under contract with the commissioner of\nhealth pursuant to section twenty-eight hundred seven-y of the public\nhealth law shall continue to collect moneys required to be collected or\ndeposited pursuant to paragraph (a) of subdivision eighteen of section\ntwenty-eight hundred seven-c, and sections twenty-eight hundred seven-j,\ntwenty-eight hundred seven-s and twenty-eight hundred seven-t of the\npublic health law, and shall deposit such moneys in the HCRA resources\nfund. The comptroller shall deposit moneys collected or required to be\ndeposited pursuant to subdivision (b) of section four hundred eighty-two\nof the tax law and required to be credited to the tobacco control and\ninsurance initiatives pool, subparagraph (O) of paragraph four of\nsubsection (j) of section four thousand three hundred one of the\ninsurance law, section twenty-seven of part A of chapter one of the laws\nof two thousand two and all other moneys credited or transferred thereto\nfrom any other fund or source pursuant to law in the HCRA resources\nfund.\n (c) The pool administrator shall, from appropriated funds transferred\nto the pool administrator from the comptroller, continue to make\npayments as required pursuant to sections twenty-eight hundred seven-k,\ntwenty-eight hundred seven-m (not including payments made pursuant to\nparagraphs (c), (d),, (f) and (g) of subdivision five-a of section\ntwenty-eight hundred seven-m), and twenty-eight hundred seven-w of the\npublic health law, paragraph (e) of subdivision twenty-five of section\ntwenty-eight hundred seven-c of the public health law, paragraphs (b)\nand (c) of subdivision thirty of section twenty-eight hundred seven-c of\nthe public health law, paragraph (b) of subdivision eighteen of section\ntwenty-eight hundred eight of the public health law, subdivision seven\nof section twenty-five hundred-d of the public health law and section\neighty-eight of chapter one of the laws of nineteen hundred ninety-nine.\n (d) Moneys in the health care reform act resources fund shall be kept\nseparate from and shall not be commingled with any other moneys in the\njoint or sole custody of the comptroller and the department of health.\n (e) Moneys of the fund, following appropriation by the legislature,\nshall be expended in accordance with sections twenty-eight hundred\nseven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m, and\ntwenty-eight hundred seven-v of the public health law, pursuant to a\ncertificate of approval of availability issued by the director of the\nbudget, upon the recommendation of the commissioner of health, or where\nappropriate, the superintendent of financial services, the commissioner\nof mental health and the director of the state office for the aging, and\na copy of such certificate filed with the state comptroller, the\nchairperson of the senate finance committee and the chairperson of the\nassembly ways and means committee.\n (f) The moneys, following allocation, shall be paid out of the fund on\nthe audit and warrant of the comptroller on vouchers certified or\napproved by the commissioner of health, or by an officer or employee of\nthe department of health designated by the commissioner.\n (g) Upon the direction of the director of the budget, the state\ncomptroller shall transfer amounts up to the undisbursed balance of\nexisting funds and accounts supported by revenues collected pursuant to\nHCRA to the HCRA resources fund.\n (h) The comptroller shall provide the pool administrator with any\ninformation needed, in a form or format prescribed by the pool\nadministrator, to meet health care reform act reporting requirements as\nset forth in article twenty-eight of the public health law or as\notherwise provided by law.\n (i) The commissioner of health and the comptroller are directed to\ndevelop an expedited process to make immediate payments to any provider\nor an immediate transfer of funds to the pool administrator for the\npurposes of making necessary distributions, within available\nappropriations therefor, in accordance with sections twenty-eight\nhundred seven-k, twenty-eight hundred seven-l, twenty-eight hundred\nseven-m, and twenty-eight hundred seven-v of the public health law to\naddress emergency provider cash needs, as determined by the commissioner\nof health.\n