2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-L - Health Care Initiatives Pool Distributions.

§  2807-l.  Health  care  initiatives  pool  distributions.  1.  Funds
accumulated in the health care initiatives pools pursuant  to  paragraph
(b)  of subdivision nine of section twenty-eight hundred seven-j of this
article, or the health care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall  be  distributed
or  retained  by  the  commissioner  or  by  the  state  comptroller, as
applicable, in accordance with the following.
(a) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of distributions  to  programs  to  provide  health  care  coverage  for
uninsured  or  underinsured  children  pursuant  to sections twenty-five
hundred ten and twenty-five hundred eleven  of  this  chapter  from  the
respective  health  care initiatives pools established for the following
periods in the following amounts:
(i) from the pool for  the  period  January  first,  nineteen  hundred
ninety-seven    through    December   thirty-first,   nineteen   hundred
ninety-seven, up to one hundred  twenty  million  six  hundred  thousand
dollars;
(ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight   through   December   thirty-first,    nineteen    hundred
ninety-eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand  through
December thirty-first, two thousand, two hundred seven million dollars;
(v)  from  the  pool  for  the  period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
(vi) from the pool for the period  January  first,  two  thousand  two
through   December   thirty-first,   two  thousand  two,  three  hundred
twenty-four million dollars;
(vii) from the pool for the period January first, two  thousand  three
through  December  thirty-first,  two thousand three, up to four hundred
fifty million three hundred thousand dollars;
(viii) from the pool for the period January first, two  thousand  four
through  December  thirty-first,  two  thousand four, up to four hundred
sixty million nine hundred thousand dollars;
(ix) from the pool or the health  care  reform  act  (HCRA)  resources
fund,  whichever  is  applicable,  for  the  period  January  first, two
thousand five through December thirty-first, two thousand  five,  up  to
one hundred fifty-three million eight hundred thousand dollars;
(x)  from  the  health  care  reform act (HCRA) resources fund for the
period January first, two thousand six  through  December  thirty-first,
two  thousand  six, up to three hundred twenty-five million four hundred
thousand dollars;
(xi) from the health care reform act (HCRA)  resources  fund  for  the
period  January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight  million  fifty-nine
thousand dollars;
(xii)  from  the  health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December  thirty-first,
two  thousand  ten,  up  to four hundred fifty-three million six hundred
seventy-four thousand dollars annually;
(xiii) from the health care reform act (HCRA) resources fund  for  the
period  January  first, two thousand eleven, through March thirty-first,

two thousand eleven, up to one hundred  thirteen  million  four  hundred
eighteen thousand dollars;
(xiv)  from  the  health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
thousand twelve, up to three hundred twenty-four million  seven  hundred
forty-four thousand dollars;
(xv)  from  the  health  care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six  million  four  hundred
forty-four thousand dollars;
(xvi)  from  the  health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through  March  thirty-first,
two  thousand  fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars; and
(xvii) from the health care reform act (HCRA) resources fund for  each
state  fiscal  year  for  periods on and after April first, two thousand
fourteen, within amounts appropriated.
(b) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of distributions for health  insurance  programs  under  the  individual
subsidy  programs  established  pursuant  to  the  expanded  health care
coverage act of  nineteen  hundred  eighty-eight  as  amended,  and  for
evaluation  of such programs from the respective health care initiatives
pools or the health care reform act (HCRA) resources fund, whichever  is
applicable,  established  for  the  following  periods  in the following
amounts:
(i) (A) an amount not to exceed six million dollars on  an  annualized
basis  for  the  periods  January  first,  nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up  to  six
million  dollars  for  the  period  January  first, two thousand through
December thirty-first, two thousand; up to five million dollars for  the
period  January  first,  two thousand one through December thirty-first,
two thousand one; up to four million  dollars  for  the  period  January
first, two thousand two through December thirty-first, two thousand two;
up  to  two  million six hundred thousand dollars for the period January
first, two thousand three through December  thirty-first,  two  thousand
three;  up  to one million three hundred thousand dollars for the period
January first, two thousand  four  through  December  thirty-first,  two
thousand four; up to six hundred seventy thousand dollars for the period
January  first,  two  thousand five through June thirtieth, two thousand
five; up to one million three hundred thousand dollars  for  the  period
April  first,  two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through  March  thirty-first,
two  thousand  nine,  shall be allocated to individual subsidy programs;
and
(B) an amount not to exceed seven million  dollars  on  an  annualized
basis  for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the  periods  January  first,  two
thousand  through  December  thirty-first,  two  thousand two, and three
million dollars for the period January first, two thousand three through
December thirty-first, two thousand three, and two million  dollars  for
the   period   January   first,   two  thousand  four  through  December
thirty-first, two thousand four, and two million dollars for the  period
January  first,  two  thousand five through June thirtieth, two thousand
five shall be allocated to the catastrophic health care expense program.
(ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance  partnership  program
as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
program as in effect prior to December thirty-first, two  thousand  one,
individual  subsidy  program  as  in effect prior to June thirtieth, two
thousand five, and catastrophic  health  care  expense  program,  as  in
effect prior to June thirtieth, two thousand five, may, for the purposes
of  identifying  matching funds for the community health care conversion
demonstration project described in a waiver of the provisions  of  title
XIX  of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
four  thousand  three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c)  Up  to  seventy-eight  million  dollars  shall  be  reserved  and
accumulated  from  year  to  year  from  the pool for the period January
first, nineteen  hundred  ninety-seven  through  December  thirty-first,
nineteen  hundred  ninety-seven, for purposes of public health programs,
up to seventy-six million dollars shall be reserved and accumulated from
year to year from the pools for  the  periods  January  first,  nineteen
hundred  ninety-eight  through  December  thirty-first, nineteen hundred
ninety-eight and January first,  nineteen  hundred  ninety-nine  through
December  thirty-first,  nineteen hundred ninety-nine, up to eighty-four
million dollars shall be reserved and accumulated from year to year from
the pools for the period January first, two  thousand  through  December
thirty-first,  two  thousand, up to eighty-five million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two  thousand  one  through  December  thirty-first,  two
thousand  one,  up  to  eighty-six million dollars shall be reserved and
accumulated from year to year from the  pools  for  the  period  January
first, two thousand two through December thirty-first, two thousand two,
up  to  eighty-six  million  one hundred fifty thousand dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand three  through  December  thirty-first,  two
thousand  three, up to fifty-eight million seven hundred eighty thousand
dollars shall be reserved and accumulated from year  to  year  from  the
pools  for  the period January first, two thousand four through December
thirty-first, two thousand four, up to sixty-eight million seven hundred
thirty thousand dollars shall be reserved and accumulated from  year  to
year from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand five
through  December  thirty-first,  two  thousand  five, up to ninety-four
million three hundred fifty  thousand  dollars  shall  be  reserved  and
accumulated  from  year  to  year from the health care reform act (HCRA)
resources fund for the period January first, two  thousand  six  through
December  thirty-first,  two  thousand  six,  up to seventy million nine
hundred thirty-nine thousand dollars shall be reserved  and  accumulated
from  year to year from the health care reform act (HCRA) resources fund
for the period  January  first,  two  thousand  seven  through  December
thirty-first,  two  thousand seven, up to fifty-five million six hundred
eighty-nine thousand dollars annually shall be reserved and  accumulated
from  year to year from the health care reform act (HCRA) resources fund
for the period  January  first,  two  thousand  eight  through  December
thirty-first,  two  thousand  ten,  up  to thirteen million nine hundred
twenty-two thousand dollars shall be reserved and accumulated from  year
to  year  from  the health care reform act (HCRA) resources fund for the

period January first, two thousand eleven  through  March  thirty-first,
two  thousand  eleven,  and  for  periods  on and after April first, two
thousand eleven, up to funding amounts  specified  below  and  shall  be
available, including income from invested funds, for:
(i)  deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby  authorized  and  directed  to  receive  for
deposit  to, to the credit of the department of health's special revenue
fund - other, hospital based grants program account or the  health  care
reform  act (HCRA) resources fund, whichever is applicable, for purposes
of services  and  expenses  related  to  general  hospital  based  grant
programs,  up  to  twenty-two million dollars annually from the nineteen
hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
two thousand two pool, respectively, up to  twenty-two  million  dollars
from  the  two  thousand  three  pool, up to ten million dollars for the
period January first, two thousand four through  December  thirty-first,
two  thousand  four, up to eleven million dollars for the period January
first, two thousand five through  December  thirty-first,  two  thousand
five, up to twenty-two million dollars for the period January first, two
thousand  six  through  December  thirty-first,  two thousand six, up to
twenty-two million ninety-seven thousand dollars annually for the period
January first, two thousand seven  through  December  thirty-first,  two
thousand  ten,  up  to  five  million  five hundred twenty-four thousand
dollars for the period January first, two thousand eleven through  March
thirty-first,  two  thousand eleven, up to thirteen million four hundred
forty-five thousand dollars for the period  April  first,  two  thousand
eleven  through  March  thirty-first,  two  thousand  twelve,  and up to
thirteen million three hundred seventy-five thousand dollars each  state
fiscal  year  for  the  period  April first, two thousand twelve through
March thirty-first, two thousand fourteen;
(ii) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby  authorized  and  directed  to  receive  for
deposit  to,  to  the  credit of the emergency medical services training
account established in section ninety-seven-q of the state  finance  law
or  the  health  care  reform  act  (HCRA)  resources fund, whichever is
applicable, up to sixteen million dollars on an annualized basis for the
periods January first, nineteen hundred  ninety-seven  through  December
thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
for   the   period   January   first,   two  thousand  through  December
thirty-first, two thousand, up to twenty-one  million  dollars  for  the
period  January  first,  two thousand one through December thirty-first,
two thousand one, up  to  twenty-two  million  dollars  for  the  period
January  first,  two  thousand  two  through  December thirty-first, two
thousand two, up to  twenty-two  million  five  hundred  fifty  thousand
dollars  for  the  period  January  first,  two  thousand  three through
December thirty-first, two  thousand  three,  up  to  nine  million  six
hundred  eighty  thousand  dollars  for  the  period  January first, two
thousand four through December thirty-first, two thousand  four,  up  to
twelve  million  one  hundred  thirty  thousand  dollars  for the period
January first, two thousand  five  through  December  thirty-first,  two
thousand  five,  up  to  twenty-four  million two hundred fifty thousand
dollars for the period January first, two thousand six through  December
thirty-first,  two  thousand  six,  up  to  twenty  million four hundred
ninety-two thousand dollars annually for the period January  first,  two
thousand  seven  through  December thirty-first, two thousand ten, up to
five million one hundred twenty-three thousand dollars  for  the  period
January  first,  two  thousand  eleven  through  March thirty-first, two
thousand eleven, up to eighteen million  three  hundred  fifty  thousand

dollars  for  the  period April first, two thousand eleven through March
thirty-first, two thousand twelve, up to eighteen million  nine  hundred
fifty  thousand  dollars for the period April first, two thousand twelve
through  March  thirty-first,  two  thousand  thirteen,  up  to nineteen
million four hundred nineteen thousand  dollars  for  the  period  April
first,  two  thousand  thirteen through March thirty-first, two thousand
fourteen, and up to nineteen million  six  hundred  fifty-nine  thousand
seven  hundred  dollars  each  state fiscal year for the period of April
first, two thousand fourteen through March  thirty-first,  two  thousand
twenty-six;
(iii)  priority  distributions  by  the  commissioner up to thirty-two
million dollars on an annualized basis for the period January first, two
thousand  through  December  thirty-first,  two  thousand  four,  up  to
thirty-eight  million  dollars  on  an  annualized  basis for the period
January first, two thousand  five  through  December  thirty-first,  two
thousand  six, up to eighteen million two hundred fifty thousand dollars
for the period  January  first,  two  thousand  seven  through  December
thirty-first,  two  thousand seven, up to three million dollars annually
for the period  January  first,  two  thousand  eight  through  December
thirty-first,  two  thousand  ten,  up  to  seven hundred fifty thousand
dollars for the period January first, two thousand eleven through  March
thirty-first,  two  thousand  eleven,  up  to  two  million nine hundred
thousand dollars each state fiscal year for the period April first,  two
thousand  eleven  through March thirty-first, two thousand fourteen, and
up to two million nine hundred thousand dollars each state  fiscal  year
for  the  period  April  first,  two  thousand  fourteen  through  March
thirty-first, two thousand  twenty-six  to  be  allocated  (A)  for  the
purposes  established  pursuant to subparagraph (ii) of paragraph (f) of
subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
article   as  in  effect  on  December  thirty-first,  nineteen  hundred
ninety-six and as may thereafter  be  amended,  up  to  fifteen  million
dollars  annually  for  the  periods January first, two thousand through
December thirty-first, two  thousand  four,  up  to  twenty-one  million
dollars annually for the period January first, two thousand five through
December  thirty-first,  two  thousand six, and up to seven million five
hundred thousand dollars for the  period  January  first,  two  thousand
seven through March thirty-first, two thousand seven;
(B)  pursuant  to  a  memorandum  of understanding entered into by the
commissioner, the majority leader of the senate and the speaker  of  the
assembly,  for  the  purposes  outlined  in  such  memorandum  upon  the
recommendation of the majority  leader   of  the  senate,  up  to  eight
million  five  hundred  thousand dollars annually for the period January
first, two thousand through December thirty-first, two thousand six, and
up to four million two hundred fifty thousand  dollars  for  the  period
January  first,  two thousand seven through June thirtieth, two thousand
seven, and for  the  purposes  outlined  in  such  memorandum  upon  the
recommendation  of the speaker of the assembly, up to eight million five
hundred thousand dollars annually for the  periods  January  first,  two
thousand through December thirty-first, two thousand six, and up to four
million two hundred fifty thousand dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven; and
(C)  for services and expenses, including grants, related to emergency
assistance   distributions   as   designated   by   the    commissioner.
Notwithstanding section one hundred twelve or one hundred sixty-three of
the  state  finance  law  or  any  other contrary provision of law, such
distributions shall be  limited  to  providers  or  programs  where,  as
determined by the commissioner, emergency assistance is vital to protect
the  life  or  safety  of  patients, to ensure the retention of facility

caregivers or  other  staff,  or  in  instances  where  health  facility
operations are jeopardized, or where the public health is jeopardized or
other  emergency  situations exist, up to three million dollars annually
for   the   period   April  first,  two  thousand  seven  through  March
thirty-first, two thousand  eleven,  up  to  two  million  nine  hundred
thousand  dollars each state fiscal year for the period April first, two
thousand eleven through March thirty-first, two thousand fourteen, up to
two million nine hundred thousand dollars each state fiscal year for the
period April first, two thousand fourteen  through  March  thirty-first,
two  thousand seventeen, up to two million nine hundred thousand dollars
each state  fiscal  year  for  the  period  April  first,  two  thousand
seventeen  through  March  thirty-first,  two thousand twenty, up to two
million nine hundred thousand dollars each state  fiscal  year  for  the
period  April first, two thousand twenty through March thirty-first, two
thousand twenty-three, and up  to  two  million  nine  hundred  thousand
dollars  each state fiscal year for the period April first, two thousand
twenty-three through March thirty-first, two thousand  twenty-six.  Upon
any  distribution  of  such  funds,  the  commissioner shall immediately
notify the chair and ranking  minority  member  of  the  senate  finance
committee,  the  assembly ways and means committee, the senate committee
on health, and the assembly committee on health;
(iv) distributions by  the  commissioner  related  to  poison  control
centers  pursuant  to subdivision seven of section twenty-five hundred-d
of this chapter, up to five  million  dollars  for  the  period  January
first,  nineteen  hundred  ninety-seven  through  December thirty-first,
nineteen hundred  ninety-seven,  up  to  three  million  dollars  on  an
annualized  basis  for  the  periods  during  the  period January first,
nineteen hundred ninety-eight through  December  thirty-first,  nineteen
hundred ninety-nine, up to five million dollars annually for the periods
January  first, two thousand through December thirty-first, two thousand
two, up to four million six hundred thousand dollars  annually  for  the
periods January first, two thousand three through December thirty-first,
two  thousand  four, up to five million one hundred thousand dollars for
the  period  January  first,  two   thousand   five   through   December
thirty-first,  two thousand six annually, up to five million one hundred
thousand dollars annually for the period  January  first,  two  thousand
seven  through  December  thirty-first,  two  thousand nine, up to three
million six hundred thousand dollars for the period January  first,  two
thousand  ten  through  December  thirty-first,  two thousand ten, up to
seven hundred seventy-five  thousand  dollars  for  the  period  January
first,  two  thousand  eleven  through  March thirty-first, two thousand
eleven, up to two million  five  hundred  thousand  dollars  each  state
fiscal  year  for  the  period  April first, two thousand eleven through
March thirty-first, two thousand fourteen, up to three  million  dollars
each state fiscal year for the period April first, two thousand fourteen
through  March thirty-first, two thousand seventeen, up to three million
dollars each state fiscal year for the period April first, two  thousand
seventeen  through  March thirty-first, two thousand twenty, up to three
million dollars each state fiscal year for the period April  first,  two
thousand  twenty  through March thirty-first, two thousand twenty-three,
and up to three million dollars each state fiscal year  for  the  period
April  first,  two thousand twenty-three through March thirty-first, two
thousand twenty-six; and
(v) deposit by the commissioner, within amounts appropriated, and  the
state  comptroller  is  hereby  authorized  and  directed to receive for
deposit to, to the credit of the department of health's special  revenue
fund  -  other,  miscellaneous  special  revenue fund - 339 maternal and
child HIV  services  account  or  the  health  care  reform  act  (HCRA)

resources  fund,  whichever  is  applicable,  for  purposes of a special
program for HIV services for women and children,  including  adolescents
pursuant  to  section  twenty-five  hundred-f-one of this chapter, up to
five  million  dollars  annually  for  the  periods  January  first, two
thousand through December thirty-first, two thousand  two,  up  to  five
million dollars for the period January first, two thousand three through
December  thirty-first,  two  thousand  three,  up  to  two million five
hundred thousand dollars for the period January first, two thousand four
through December thirty-first, two thousand four, up to two million five
hundred thousand dollars for the period January first, two thousand five
through December thirty-first, two thousand five,  up  to  five  million
dollars  for the period January first, two thousand six through December
thirty-first, two thousand six, up to five million dollars annually  for
the   period   January   first,  two  thousand  seven  through  December
thirty-first, two thousand ten, up to  one  million  two  hundred  fifty
thousand  dollars  for  the  period  January  first, two thousand eleven
through March thirty-first, two thousand eleven, and up to five  million
dollars  each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen;
(d) (i) An amount of up to twenty million  dollars  annually  for  the
period  January  first,  two thousand through December thirty-first, two
thousand six, up to ten million dollars for the  period  January  first,
two  thousand  seven  through  June thirtieth, two thousand seven, up to
twenty million dollars  annually  for  the  period  January  first,  two
thousand  eight  through  December thirty-first, two thousand ten, up to
five million dollars for the period January first, two  thousand  eleven
through  March thirty-first, two thousand eleven, up to nineteen million
six hundred thousand dollars each state fiscal year for the period April
first, two thousand eleven  through  March  thirty-first,  two  thousand
fourteen, up to nineteen million six hundred thousand dollars each state
fiscal  year  for  the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen, up to nineteen  million  six
hundred  thousand dollars each state fiscal year for the period of April
first, two thousand seventeen through March thirty-first,  two  thousand
twenty,  up  to nineteen million six hundred thousand dollars each state
fiscal year for the period of April first, two thousand  twenty  through
March  thirty-first,  two  thousand  twenty-three,  and  up  to nineteen
million six hundred thousand dollars each  state  fiscal  year  for  the
period   of   April  first,  two  thousand  twenty-three  through  March
thirty-first, two thousand  twenty-six,  shall  be  transferred  to  the
health  facility  restructuring  pool  established  pursuant  to section
twenty-eight hundred fifteen of this article;
(ii) provided, however, amounts transferred pursuant  to  subparagraph
(i)  of this paragraph may be reduced in an amount to be approved by the
director of the budget to reflect the amount received from  the  federal
government  under  the  state's  1115 waiver which is directed under its
terms and conditions to the health facility restructuring program.
(f) Funds shall be accumulated and transferred from as follows:
(i) from the pool for  the  period  January  first,  nineteen  hundred
ninety-seven    through    December   thirty-first,   nineteen   hundred
ninety-seven, (A) thirty-four  million   six  hundred  thousand  dollars
shall  be  transferred  to  funds  reserved  and accumulated pursuant to
paragraph (b) of subdivision nineteen of  section  twenty-eight  hundred
seven-c  of  this  article,  and (B) eighty-two million dollars shall be
transferred and deposited and  credited  to  the  credit  of  the  state
general fund medical assistance local assistance account;
(ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight   through   December   thirty-first,    nineteen    hundred

ninety-eight,  eighty-two  million  dollars  shall  be  transferred  and
deposited and credited to the credit of the state general  fund  medical
assistance local assistance account;
(iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
eighty-two million  dollars  shall  be  transferred  and  deposited  and
credited  to  the  credit  of  the state general fund medical assistance
local assistance account;
(iv) from the pool or the health  care  reform  act  (HCRA)  resources
fund,  whichever  is  applicable,  for  the  period  January  first, two
thousand through December thirty-first, two  thousand  four,  eighty-two
million dollars annually, and for the period January first, two thousand
five  through  December  thirty-first,  two  thousand  five,  eighty-two
million dollars, and for the period  January  first,  two  thousand  six
through  December  thirty-first,  two  thousand  six, eighty-two million
dollars, and for the period January first, two  thousand  seven  through
December  thirty-first,  two thousand seven, eighty-two million dollars,
and for the period January first, two thousand  eight  through  December
thirty-first,  two thousand eight, ninety million seven hundred thousand
dollars  shall  be  deposited  by  the  commissioner,  and   the   state
comptroller  is hereby authorized and directed to receive for deposit to
the credit of the state special revenue  fund  -  other,  HCRA  transfer
fund, medical assistance account;
(v)  from  the  health  care  reform act (HCRA) resources fund for the
period January first, two thousand nine through  December  thirty-first,
two  thousand  nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January  first,  two  thousand  ten
through  December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, for the period January first,  two
thousand  eleven through March thirty-first, two thousand eleven, twenty
million five hundred thousand dollars, and for each  state  fiscal  year
for   the   period  April  first,  two  thousand  eleven  through  March
thirty-first, two thousand fourteen, one hundred forty-six million  four
hundred  thousand  dollars,  shall be deposited by the commissioner, and
the state comptroller is hereby authorized and directed to  receive  for
deposit,  to  the credit of the state special revenue fund - other, HCRA
transfer fund, medical assistance account.
(g) Funds shall be transferred to primary health care  services  pools
created  by  the  commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools  for  the  following  periods  in  the  following
percentage  amounts  of  funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
(i) from the pool for  the  period  January  first,  nineteen  hundred
ninety-seven    through    December   thirty-first,   nineteen   hundred
ninety-seven, fifteen and eighty-seven-hundredths percent;
(ii) from the pool for the  period  January  first,  nineteen  hundred
ninety-eight    through    December   thirty-first,   nineteen   hundred
ninety-eight, fifteen and eighty-seven-hundredths percent; and
(iii) from the pool for the period  January  first,  nineteen  hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
(h)  Funds  shall be reserved and accumulated from year to year by the
commissioner and shall be  available,  including  income  from  invested
funds,  for  purposes of primary care education and training pursuant to
article nine of this chapter from the respective health care initiatives
pools established for the following periods in the following  percentage

amounts   of  funds  remaining  after  allocations  in  accordance  with
paragraphs (a) through (f) of this subdivision and  shall  be  available
for distributions as follows:
(i) funds shall be reserved and accumulated:
(A)  from  the  pool  for  the  period January first, nineteen hundred
ninety-seven   through   December   thirty-first,    nineteen    hundred
ninety-seven, six and thirty-five-hundredths percent;
(B)  from  the  pool  for  the  period January first, nineteen hundred
ninety-eight   through   December   thirty-first,    nineteen    hundred
ninety-eight, six and thirty-five-hundredths percent; and
(C)  from  the  pool  for  the  period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent;
(ii) funds shall be available for distributions including income  from
invested funds as follows:
(A)  for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of  this  chapter,  up  to
five million dollars on an annualized basis;
(B)  for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to  two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in  accordance  with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(D) provided, however, that the commissioner may reallocate any  funds
remaining   or  unallocated  for  distributions  for  the  primary  care
practitioner scholarship program in accordance with section nine hundred
four of this chapter.
(i) Funds shall be reserved and accumulated  from  year  to  year  and
shall   be   available,   including  income  from  invested  funds,  for
distributions in accordance with section twenty-nine  hundred  fifty-two
and  section  twenty-nine  hundred fifty-eight of this chapter for rural
health  care  delivery  development  and  rural   health   care   access
development,  respectively,  from the respective health care initiatives
pools or the health care reform act (HCRA) resources fund, whichever  is
applicable,  for  the  following  periods  in  the  following percentage
amounts  of  funds  remaining  after  allocations  in  accordance   with
paragraphs  (a)  through (f) of this subdivision, and for periods on and
after January first, two thousand, in the following amounts:
(i) from the pool for  the  period  January  first,  nineteen  hundred
ninety-seven    through    December   thirty-first,   nineteen   hundred
ninety-seven, thirteen and forty-nine-hundredths percent;
(ii) from the pool for the  period  January  first,  nineteen  hundred
ninety-eight    through    December   thirty-first,   nineteen   hundred
ninety-eight, thirteen and forty-nine-hundredths percent;
(iii) from the pool for the period  January  first,  nineteen  hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December  thirty-first,  two  thousand  two,  seventeen  million dollars
annually, and for the period January first, two thousand  three  through
December  thirty-first,  two thousand three, up to fifteen million eight
hundred fifty thousand dollars;
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through December thirty-first, two thousand four, up to fifteen  million
eight  hundred fifty thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand  five,  up  to

nineteen  million  two  hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six,
up to nineteen million two hundred  thousand  dollars,  for  the  period
January  first,  two  thousand  seven through December thirty-first, two
thousand ten, up to eighteen million one hundred fifty thousand  dollars
annually,  for  the  period  January  first, two thousand eleven through
March thirty-first, two thousand eleven, up to four million five hundred
thirty-eight thousand dollars, for each state fiscal year for the period
April  first,  two  thousand  eleven  through  March  thirty-first,  two
thousand  fourteen,  up to sixteen million two hundred thousand dollars,
up to sixteen million two hundred thousand  dollars  each  state  fiscal
year  for  the  period  April first, two thousand fourteen through March
thirty-first, two thousand seventeen, up to sixteen million two  hundred
thousand  dollars each state fiscal year for the period April first, two
thousand seventeen through March thirty-first, two thousand  twenty,  up
to  sixteen  million two hundred thousand dollars each state fiscal year
for  the  period  April  first,  two  thousand  twenty   through   March
thirty-first,  two  thousand twenty-three, and up to sixteen million two
hundred thousand dollars each state fiscal year  for  the  period  April
first,   two  thousand  twenty-three  through  March  thirty-first,  two
thousand twenty-six.
(j) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of distributions related to health information and health  care  quality
improvement  pursuant  to former section twenty-eight hundred seven-n of
this  article  from  the  respective  health  care   initiatives   pools
established  for  the  following  periods  in  the  following percentage
amounts  of  funds  remaining  after  allocations  in  accordance   with
paragraphs (a) through (f) of this subdivision:
(i)  from  the  pool  for  the  period January first, nineteen hundred
ninety-seven   through   December   thirty-first,    nineteen    hundred
ninety-seven, six and thirty-five-hundredths percent;
(ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight   through   December   thirty-first,    nineteen    hundred
ninety-eight, six and thirty-five-hundredths percent; and
(iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent.
(k) Funds shall be reserved and accumulated  from  year  to  year  and
shall   be   available,  including  income   from  invested  funds,  for
allocations and distributions in accordance  with  section  twenty-eight
hundred  seven-p  of  this  article  for diagnostic and treatment center
uncompensated care from the respective health care initiatives pools  or
the   health  care  reform  act  (HCRA)  resources  fund,  whichever  is
applicable, for the  following  periods  in  the  following  percentage
amounts   of  funds  remaining  after  allocations  in  accordance  with
paragraphs (a) through (f) of this subdivision, and for periods  on  and
after January first, two thousand, in the following amounts:
(i)  from  the  pool  for  the  period January first, nineteen hundred
ninety-seven   through   December   thirty-first,    nineteen    hundred
ninety-seven, thirty-eight and one-tenth percent;
(ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight   through   December   thirty-first,    nineteen    hundred
ninety-eight, thirty-eight and one-tenth percent;
(iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand  two,  forty-eight  million  dollars
annually,  and  for the period January first, two thousand three through
June thirtieth, two thousand three, twenty-four million dollars;
(v)  (A)  from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period July first,  two  thousand
three  through  December  thirty-first,  two  thousand  three, up to six
million dollars, for the period January first, two thousand four through
December thirty-first, two thousand six, up to  twelve  million  dollars
annually,  for  the  period  January  first,  two thousand seven through
December thirty-first, two thousand thirteen, up to forty-eight  million
dollars  annually,  for  the period January first, two thousand fourteen
through March thirty-first, two thousand fourteen, up to twelve  million
dollars  for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen, up to forty-eight million  dollars
annually,  for  the  period  April first, two thousand seventeen through
March thirty-first, two  thousand  twenty,  up  to  forty-eight  million
dollars  annually,  for  the  period  April  first,  two thousand twenty
through March thirty-first, two thousand twenty-three, up to forty-eight
million dollars annually, and for the period April first,  two  thousand
twenty-three  through March thirty-first, two thousand twenty-six, up to
forty-eight million dollars annually;
(B) from the health care reform act  (HCRA)  resources  fund  for  the
period  January  first,  two thousand six through December thirty-first,
two thousand six, an additional  seven  million  five  hundred  thousand
dollars,  for  the  period  January  first,  two  thousand seven through
December  thirty-first,  two  thousand  thirteen,  an  additional  seven
million  five  hundred thousand dollars annually, for the period January
first, two thousand fourteen through March  thirty-first,  two  thousand
fourteen,  an additional one million eight hundred seventy-five thousand
dollars, for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen, an additional seven  million  five
hundred  thousand  dollars  annually,  for  the  period April first, two
thousand seventeen through March thirty-first, two thousand  twenty,  an
additional seven million five hundred thousand dollars annually, for the
period  April first, two thousand twenty through March thirty-first, two
thousand twenty-three, an additional seven million five hundred thousand
dollars  annually,  and  for  the  period  April  first,  two   thousand
twenty-three  through  March  thirty-first,  two thousand twenty-six, an
additional seven million five  hundred  thousand  dollars  annually  for
voluntary  non-profit diagnostic and treatment center uncompensated care
in accordance with subdivision four-c of  section  twenty-eight  hundred
seven-p of this article; and
(vi)  funds  reserved  and  accumulated pursuant to this paragraph for
periods on and after July first, two thousand three, shall be  deposited
by   the  commissioner,  within  amounts  appropriated,  and  the  state
comptroller is hereby authorized and directed to receive for deposit  to
the  credit  of  the  state special revenue funds - other, HCRA transfer
fund, medical assistance account, for  purposes  of  funding  the  state
share  of rate adjustments made pursuant to section twenty-eight hundred
seven-p of this article, provided, however, that in  the  event  federal
financial  participation  is  not  available  for  rate adjustments made
pursuant to paragraph (b) of subdivision  one  of  section  twenty-eight
hundred  seven-p of this article, funds shall be distributed pursuant to
paragraph (a) of subdivision one of section twenty-eight hundred seven-p
of this article from the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever is applicable.
(l) Funds shall be reserved and accumulated from year to year  by  the
commissioner  and  shall  be  available,  including income from invested
funds, for transfer to and allocation  for services and expenses for the
payment of  benefits  to  recipients  of   drugs  under  the  AIDS  drug
assistance  program  (ADAP) - HIV uninsured care program as administered
by  Health  Research  Incorporated  from  the  respective   health  care
initiatives  pools  or the health care reform act (HCRA) resources fund,
whichever is applicable, established for the following  periods  in  the
following  percentage  amounts  of  funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and  for
periods  on  and  after  January  first,  two thousand, in the following
amounts:
(i) from the pool for  the  period  January  first,  nineteen  hundred
ninety-seven    through    December   thirty-first,   nineteen   hundred
ninety-seven, nine and fifty-two-hundredths percent;
(ii) from the pool for the  period  January  first,  nineteen  hundred
ninety-eight    through    December   thirty-first,   nineteen   hundred
ninety-eight, nine and fifty-two-hundredths percent;
(iii) from the pool for the period  January  first,  nineteen  hundred
ninety-nine  and  December  thirty-first,  nineteen hundred ninety-nine,
nine and sixty-eight-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, up to  twelve  million  dollars
annually,  and  for the period January first, two thousand three through
December thirty-first, two thousand three, up to forty million  dollars;
and
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever  is  applicable,  for  the periods January first, two thousand
four through December thirty-first, two thousand four, up  to  fifty-six
million dollars, for the period January first, two thousand five through
December  thirty-first,  two  thousand  six, up to sixty million dollars
annually, for the period  January  first,  two  thousand  seven  through
December  thirty-first,  two  thousand  ten, up to sixty million dollars
annually, for the period January  first,  two  thousand  eleven  through
March  thirty-first, two thousand eleven, up to fifteen million dollars,
each state fiscal year for the period April first, two  thousand  eleven
through  March  thirty-first,  two  thousand  fourteen,  up to forty-two
million three hundred thousand dollars and up to forty-one million fifty
thousand dollars each state fiscal year for the period April first,  two
thousand fourteen through March thirty-first, two thousand twenty-six.
(m)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  distributions  pursuant  to  section twenty-eight hundred seven-r of
this article for cancer related services from the respective health care
initiatives pools or the health care reform act (HCRA)  resources  fund,
whichever  is  applicable,  established for the following periods in the
following percentage amounts of funds  remaining  after  allocations  in
accordance  with paragraphs (a) through (f) of this subdivision, and for
periods on and after January  first,  two  thousand,  in  the  following
amounts:
(i)  from  the  pool  for  the  period January first, nineteen hundred
ninety-seven   through   December   thirty-first,    nineteen    hundred
ninety-seven, seven and ninety-four-hundredths percent;
(ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight   through   December   thirty-first,    nineteen    hundred
ninety-eight, seven and ninety-four-hundredths percent;
(iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(iv)  from the pool for the period January first, two thousand through
December thirty-first, two thousand two, up to ten million dollars on an
annual basis;
(v) from the pool for the period January  first,  two  thousand  three
through  December  thirty-first,  two thousand four, up to eight million
nine hundred fifty thousand dollars on an annual basis;
(vi) from the pool or the health  care  reform  act  (HCRA)  resources
fund,  whichever  is  applicable,  for  the  period  January  first, two
thousand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars  on  an  annual  basis,  for  the  period
January  first,  two  thousand  seven through December thirty-first, two
thousand ten, up to nineteen  million  dollars  annually,  and  for  the
period  January  first,  two thousand eleven through March thirty-first,
two thousand eleven, up to four million  seven  hundred  fifty  thousand
dollars.
(n)  Funds  shall  be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand  eight,  and
on  an  annual  basis  for  the  periods April first, two thousand eight
through November thirtieth, two  thousand  nine,  funds  within  amounts
appropriated  shall  be  transferred  and  deposited and credited to the
credit of the state special revenue funds - other, HCRA  transfer  fund,
medical  assistance  account, for purposes of funding the state share of
rate adjustments made to public and voluntary  hospitals  in  accordance
with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2.  Notwithstanding  any  inconsistent  provision  of  law,  rule   or
regulation,  any  funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine  of  section  twenty-eight
hundred  seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen  hundred
ninety-seven    through    December   thirty-first,   nineteen   hundred
ninety-nine, which are unused or uncommitted for distributions  pursuant
to  this  section shall be reserved and accumulated from year to year by
the commissioner  and,  within  amounts  appropriated,  transferred  and
deposited  into the special revenue funds - other, miscellaneous special
revenue fund - 339, child health insurance account or any successor fund
or account, for purposes of distributions to implement the child  health
insurance  program  established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for  periods  on  and
after January first, two thousand one; provided, however, funds reserved
and  accumulated  for  priority  distributions  pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall  not  be
transferred   and   deposited   into   such  account  pursuant  to  this
subdivision;  and  provided  further,  however,  that  any   unused   or
uncommitted  pool  funds accumulated and allocated pursuant to paragraph
(j) of subdivision one of this section shall be distributed for purposes
of the health information and quality improvement act of 2000.
3. Revenue from distributions pursuant to this section  shall  not  be
included  in  gross  revenue  received  for  purposes of the assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of  this  article,  subject  to  the  provisions  of  paragraph  (e)  of
subdivision  eighteen  of  section  twenty-eight hundred seven-c of this
article, and shall  not  be  included  in  gross  revenue  received  for
purposes  of  the  assessments  pursuant to section twenty-eight hundred

seven-d of this article, subject to the provisions of subdivision twelve
of section twenty-eight hundred seven-d of this article.