NY State Fin L § 54-I (2021)
2021 New York Laws STF - State Finance Article 4-A - State Assistance to Local Government 54-I - Human Services Overburden Aid to Counties.

* §  54-i.  Human services overburden aid to counties. 1. Definitions. When used in this section, unless otherwise expressly stated:   a. "County", for the purposes of computation and payment of overburden aid under this section, shall mean each county located outside the  city of New York and the city of New York.   b. "Total local cost", for each county for the purposes of computation and  payment  of overburden aid under this section, shall mean the total local costs of such county as a social  services  district  pursuant  to section  three hundred sixty-five-a of the social services law including administrative expenses therefor.   c. "Medical assistance", for the purposes of computation  and  payment of  overburden  aid  under  this section, shall be defined in accordance with section three hundred sixty-five-a of the social services law.   d. "Mentally disabled", for the purposes of computation and payment of overburden aid under this section, shall mean those individuals who  are eligible  for  medical  assistance  pursuant  to  section  three hundred sixty-six of the social services law as a result of a mental  disability as  determined  by the commissioner of the department of social services in consultation with the commissioners of the office  of  mental  health and  the office of mental retardation and developmental disabilities and with the approval of the director of the budget.   2. Human services overburden aid  shall  be  calculated  and  paid  to counties in accordance with the following:  (i)  Each  county  shall  be entitled, on a quarterly basis to receive human services overburden aid payments  based  on  the  local  share  of medical  assistance  payments,  as calculated in paragraph (iii) hereof, incurred by said county during each of the four calendar quarters of the calendar year for which this section is in effect.  (ii) The commissioner of the department of social services  shall,  on or  before  the forty-fifth day after the close of each calendar quarter of  nineteen  hundred  eighty-three,  certify  to  the  commissioner  of taxation  and  finance  (a) the total local cost incurred by each county during the preceding three full months, and (b) the amount of each  such total that was incurred in providing medical assistance for the mentally disabled,  and  (c)  the  amount of each such total that was incurred in providing medical assistance  to  individuals  for  which  there  is  no federal  financial  participation available under the medical assistance program exclusive of any such amount included in clause (b)  hereof  for each such total.  (iii)  On  or  before  the last day of the month during which he shall receive a certification by the commissioner of the department of  social services as required pursuant to paragraph (ii) hereof, the commissioner of  taxation  and finance shall calculate and certify the human services overburden aid payable to counties pursuant to paragraph (iv) hereof.  (iv) Human services overburden aid payments to each county shall equal the amount determined in clause (b) of paragraph (ii)  hereof  for  such county  plus  thirty-five percent of the amount determined in clause (c) of paragraph (ii) hereof for such county, plus seventeen percent of  the result obtained by subtracting the amounts determined in clauses (b) and (c)  of paragraph (ii) hereof for such county from the amount determined in clause (a) of  paragraph  (ii)  hereof  for  such  county;  provided, however,  that  the  amounts  to  be  included in clauses (b) and (c) of paragraph (ii) hereof may be determined by expressing  as  a  percentage that portion of the payments made through the fiscal agent authorized by section  three hundred sixty-seven-b of the social services law which is properly includable in each such clause and applying said percentage  to the total local cost.  (v)  Human  services overburden aid shall be paid in amounts certified pursuant to paragraph (iii) hereof to the chief fiscal officer  of  each county  on  the  audit  and  warrant  of  the  comptroller out of moneys appropriated by the legislature for such purpose to the  credit  of  the general fund of the state treasury.   3.  The  provisions  of  this section shall remain in force and effect only until March thirty-first, nineteen hundred eighty-four.   * NB Expired March 31, 1984 (see sub 3)