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This entry was published on 2014-09-22
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SECTION 97-TTT
Federal revenue maximization contract fund
State Finance (STF) CHAPTER 56, ARTICLE 6
§ 97-ttt. Federal revenue maximization contract fund. 1. There is
hereby established in the joint custody of the state comptroller and the
commissioner of taxation and finance a fund to be known as the federal
revenue maximization contract fund.

2. Such fund shall consist of those revenues specified by the office
of temporary and disability assistance or the department of health, as
approved by the director of the budget, and properly received from the
federal government on account of federal revenue maximization activities
conducted by the former department of social services or the office of
temporary and disability assistance or the department of health, and
social services districts, both directly and through their contractors,
that are credited or transferred thereto from any other fund or source
pursuant to law.

3. Notwithstanding any provision of law to the contrary, to the extent
that federal revenues specified under subdivision two of this section
and related to medical assistance expenditures are properly received
under a federal revenue maximization contract which has been properly
executed by the department of health, and approved by the director of
the budget, and are used to reduce the state and local district cost of
medical assistance expenditures, the commissioner of health shall,
subject to the approval of the director of the budget, transfer such
specified revenues to the federal revenue maximization contract fund and
shall make all payments or transfers required by this section.

4. Moneys in the fund, pursuant to appropriation by the legislature
and issuance of a certificate of approval by the director of the budget
shall be made available for the following purposes:

(a) payment of fees, pursuant to a contract approved by the state
comptroller, to a contractor of the former department of social services
or the office of temporary and disability assistance or the department
of health providing federal revenue maximization services; and

(b) payment or reimbursement of the federal share of social services
district expenditures based on social services district claims for
additional federal reimbursements submitted in accordance with section
one hundred thirty-one-g of the social services law and identified by
the commissioner of the office of temporary and disability assistance or
the department of health, as federal revenue maximization claims
submitted on behalf of a city or county department or social services
district. Moneys shall be paid out of the fund on the audit and warrant
of the state comptroller on vouchers certified or approved by the
commissioner of the office of temporary and disability assistance or the
department of health and the director of the budget.

5. Notwithstanding any other provision of law to the contrary, any
federal revenues received by the state based on federal revenue
maximization contractor activities which reimburse social services
districts for activities which have been or will be subject to state
reimbursement shall be proportionately reduced by the amount of state
reimbursement received by the social services district, or, as
determined by the commissioner of the office of temporary and disability
assistance or the department of health and the director of the budget,
by any other city or county agency.

6. Moneys in the federal revenue maximization contract fund shall be
kept separate and shall not be commingled with any moneys in the custody
of the comptroller. Further, the comptroller shall establish within the
federal revenue maximization contract fund a revenue maximization
contractor account and a local maximization account.

7. Upon the identification, by the director of the budget, of moneys
resulting from federal revenue maximization activities conducted by the
former department of social services or the office of temporary and
disability assistance or the department of health, the state comptroller
shall apportion the moneys as follows:

(a) the first portion shall be deposited to the revenue maximization
contractor account, pursuant to the provisions of the applicable
contract with the former department of social services or the office of
temporary and disability assistance or the department of health, or a
social services district. The director of the budget shall review and
approve or disapprove the amounts to be so deposited;

(b) the second portion shall be deposited to the local maximization
account, in amounts to be determined by the director of the budget in
consultation with the commissioner of the office of temporary and
disability assistance and any other state department or agency, as
necessary; and

(c) remaining moneys shall be deposited to the contingency reserve
fund.

8. Payments to a contractor of the former department of social
services or the office of temporary and disability assistance or the
department of health or a social services district, who was engaged in
revenue maximization activities generating reimbursement specified for
deposit in the federal revenue maximization fund pursuant to subdivision
three of this section, shall be made only from the revenue maximization
contractor account.

9. Notwithstanding any law to the contrary, and in accordance with
section four of the state finance law, the comptroller is hereby
authorized and directed to transfer, upon request from the director of
the budget, $95,000,000 from any of the office of temporary and
disability assistance special revenue federal funds to the federal
revenue maximization fund (359) or the contingency reserve fund (005).