§ 97-TTT — Federal revenue maximization contract fund

§ 97-ttt. Federal revenue maximization contract fund. 1. There is\nhereby established in the joint custody of the state comptroller and the\ncommissioner of taxation and finance a fund to be known as the federal\nrevenue maximization contract fund.\n 2. Such fund shall consist of those revenues specified by the office\nof temporary and disability assistance or the department of health, as\napproved by the director of the budget, and properly received from the\nfederal government on account of federal revenue maximization activities\nconducted by the former department of social services or the office of\ntemporary and disability assistance or the department of health, and\nsocial services districts, both directly and through their contractors,\nthat are credited or transferred thereto from any other fund or source\npursuant to law.\n 3. Notwithstanding any provision of law to the contrary, to the extent\nthat federal revenues specified under subdivision two of this section\nand related to medical assistance expenditures are properly received\nunder a federal revenue maximization contract which has been properly\nexecuted by the department of health, and approved by the director of\nthe budget, and are used to reduce the state and local district cost of\nmedical assistance expenditures, the commissioner of health shall,\nsubject to the approval of the director of the budget, transfer such\nspecified revenues to the federal revenue maximization contract fund and\nshall make all payments or transfers required by this section.\n 4. Moneys in the fund, pursuant to appropriation by the legislature\nand issuance of a certificate of approval by the director of the budget\nshall be made available for the following purposes:\n (a) payment of fees, pursuant to a contract approved by the state\ncomptroller, to a contractor of the former department of social services\nor the office of temporary and disability assistance or the department\nof health providing federal revenue maximization services; and\n (b) payment or reimbursement of the federal share of social services\ndistrict expenditures based on social services district claims for\nadditional federal reimbursements submitted in accordance with section\none hundred thirty-one-g of the social services law and identified by\nthe commissioner of the office of temporary and disability assistance or\nthe department of health, as federal revenue maximization claims\nsubmitted on behalf of a city or county department or social services\ndistrict. Moneys shall be paid out of the fund on the audit and warrant\nof the state comptroller on vouchers certified or approved by the\ncommissioner of the office of temporary and disability assistance or the\ndepartment of health and the director of the budget.\n 5. Notwithstanding any other provision of law to the contrary, any\nfederal revenues received by the state based on federal revenue\nmaximization contractor activities which reimburse social services\ndistricts for activities which have been or will be subject to state\nreimbursement shall be proportionately reduced by the amount of state\nreimbursement received by the social services district, or, as\ndetermined by the commissioner of the office of temporary and disability\nassistance or the department of health and the director of the budget,\nby any other city or county agency.\n 6. Moneys in the federal revenue maximization contract fund shall be\nkept separate and shall not be commingled with any moneys in the custody\nof the comptroller. Further, the comptroller shall establish within the\nfederal revenue maximization contract fund a revenue maximization\ncontractor account and a local maximization account.\n 7. Upon the identification, by the director of the budget, of moneys\nresulting from federal revenue maximization activities conducted by the\nformer department of social services or the office of temporary and\ndisability assistance or the department of health, the state comptroller\nshall apportion the moneys as follows:\n (a) the first portion shall be deposited to the revenue maximization\ncontractor account, pursuant to the provisions of the applicable\ncontract with the former department of social services or the office of\ntemporary and disability assistance or the department of health, or a\nsocial services district. The director of the budget shall review and\napprove or disapprove the amounts to be so deposited;\n (b) the second portion shall be deposited to the local maximization\naccount, in amounts to be determined by the director of the budget in\nconsultation with the commissioner of the office of temporary and\ndisability assistance and any other state department or agency, as\nnecessary; and\n (c) remaining moneys shall be deposited to the contingency reserve\nfund.\n 8. Payments to a contractor of the former department of social\nservices or the office of temporary and disability assistance or the\ndepartment of health or a social services district, who was engaged in\nrevenue maximization activities generating reimbursement specified for\ndeposit in the federal revenue maximization fund pursuant to subdivision\nthree of this section, shall be made only from the revenue maximization\ncontractor account.\n 9. Notwithstanding any law to the contrary, and in accordance with\nsection four of the state finance law, the comptroller is hereby\nauthorized and directed to transfer, upon request from the director of\nthe budget, $95,000,000 from any of the office of temporary and\ndisability assistance special revenue federal funds to the federal\nrevenue maximization fund (359) or the contingency reserve fund (005).\n