NY State Fin L § 97-TTT (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 97-TTT - Federal Revenue Maximization Contract Fund.

§  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).