2023 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).