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This entry was published on 2021-04-23
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SECTION 92-DD
Health care reform act (HCRA) resources fund
State Finance (STF) CHAPTER 56, ARTICLE 6
§ 92-dd. Health care reform act (HCRA) resources fund. Notwithstanding
any contrary provision of law, there is hereby established in the joint
custody of the comptroller and the department of health a fund to be
known as the health care reform act resources fund. Such fund shall be
composed of the HCRA program account and the HCRA transition account,
which are hereby established, and such other existing or other duly
authorized funds or accounts which the director of the budget, upon
recommendation of the commissioner of health, may direct to be
transferred into the HCRA resources fund. Such fund shall be
administered in accordance with the following:

(a) On and after April first, two thousand five, such fund shall
consist of the revenues heretofore and hereafter collected or required
to be deposited pursuant to paragraph (a) of subdivision eighteen of
section twenty-eight hundred seven-c, and sections twenty-eight hundred
seven-j, twenty-eight hundred seven-s and twenty-eight hundred seven-t
of the public health law, subdivision (b) of section four hundred
eighty-two and section eleven hundred eighty-six of the tax law and
required to be credited to the tobacco control and insurance initiatives
pool, subparagraph (O) of paragraph four of subsection (j) of section
four thousand three hundred one of the insurance law, section
twenty-seven of part A of chapter one of the laws of two thousand two
and all other moneys credited or transferred thereto from any other fund
or source pursuant to law.

(b) The pool administrator under contract with the commissioner of
health pursuant to section twenty-eight hundred seven-y of the public
health law shall continue to collect moneys required to be collected or
deposited pursuant to paragraph (a) of subdivision eighteen of section
twenty-eight hundred seven-c, and sections twenty-eight hundred seven-j,
twenty-eight hundred seven-s and twenty-eight hundred seven-t of the
public health law, and shall deposit such moneys in the HCRA resources
fund. The comptroller shall deposit moneys collected or required to be
deposited pursuant to subdivision (b) of section four hundred eighty-two
of the tax law and required to be credited to the tobacco control and
insurance initiatives pool, subparagraph (O) of paragraph four of
subsection (j) of section four thousand three hundred one of the
insurance law, section twenty-seven of part A of chapter one of the laws
of two thousand two and all other moneys credited or transferred thereto
from any other fund or source pursuant to law in the HCRA resources
fund.

(c) The pool administrator shall, from appropriated funds transferred
to the pool administrator from the comptroller, continue to make
payments as required pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-m (not including payments made pursuant to
paragraphs (c), (d),, (f) and (g) of subdivision five-a of section
twenty-eight hundred seven-m), and twenty-eight hundred seven-w of the
public health law, paragraph (e) of subdivision twenty-five of section
twenty-eight hundred seven-c of the public health law, paragraphs (b)
and (c) of subdivision thirty of section twenty-eight hundred seven-c of
the public health law, paragraph (b) of subdivision eighteen of section
twenty-eight hundred eight of the public health law, subdivision seven
of section twenty-five hundred-d of the public health law and section
eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.

(d) Moneys in the health care reform act resources fund shall be kept
separate from and shall not be commingled with any other moneys in the
joint or sole custody of the comptroller and the department of health.

(e) Moneys of the fund, following appropriation by the legislature,
shall be expended in accordance with sections twenty-eight hundred
seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m, and
twenty-eight hundred seven-v of the public health law, pursuant to a
certificate of approval of availability issued by the director of the
budget, upon the recommendation of the commissioner of health, or where
appropriate, the superintendent of financial services, the commissioner
of mental health and the director of the state office for the aging, and
a copy of such certificate filed with the state comptroller, the
chairperson of the senate finance committee and the chairperson of the
assembly ways and means committee.

(f) The moneys, following allocation, shall be paid out of the fund on
the audit and warrant of the comptroller on vouchers certified or
approved by the commissioner of health, or by an officer or employee of
the department of health designated by the commissioner.

(g) Upon the direction of the director of the budget, the state
comptroller shall transfer amounts up to the undisbursed balance of
existing funds and accounts supported by revenues collected pursuant to
HCRA to the HCRA resources fund.

(h) The comptroller shall provide the pool administrator with any
information needed, in a form or format prescribed by the pool
administrator, to meet health care reform act reporting requirements as
set forth in article twenty-eight of the public health law or as
otherwise provided by law.

(i) The commissioner of health and the comptroller are directed to
develop an expedited process to make immediate payments to any provider
or an immediate transfer of funds to the pool administrator for the
purposes of making necessary distributions, within available
appropriations therefor, in accordance with sections twenty-eight
hundred seven-k, twenty-eight hundred seven-l, twenty-eight hundred
seven-m, and twenty-eight hundred seven-v of the public health law to
address emergency provider cash needs, as determined by the commissioner
of health.