2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.31 - Disposition of Moneys and Securities.

§ 7.31 Disposition of moneys and securities.
(a)  The  commissioner,  or  the  officer  or  employee  of the office
designated by him, shall:
1. Receive and turn over to the comptroller for liquidation all bonds,
notes, mortgages, trust funds,  and  other  securities  and  obligations
belonging  to  the  office  of mental health or any subdivision thereof,
except such as may have come into the possession of the said  office  or
any  subdivision thereof on account of or for the payment of charges for
the care, maintenance,  and  treatment  after  January  first,  nineteen
hundred  sixty-four  of  patients  at those mental hygiene facilities as
defined in section three of the facilities development corporation  act,
which are under his jurisdiction, in which case the same shall be turned
over  to  the  commissioner  of  taxation  and  finance as agent for the
facilities development corporation for liquidation, and  he  shall  have
the   authority  to  transfer  all  such  securities  and  evidences  of
indebtedness and to execute on behalf of the office of mental health  or
any  of  its  facilities  or  the  facilities  development corporation a
satisfaction and release thereof.
2. Notwithstanding the provisions of sections one hundred six and  one
hundred  twenty-one  of  the  state  finance  law,  pay  over all moneys
received for the care, maintenance, and treatment after  January  first,
nineteen   hundred  sixty-four  of  patients  at  those  mental  hygiene
facilities as defined in section three  of  the  facilities  development
corporation  act  which are under his jurisdiction, less refunds made on
account thereof pursuant to  section  43.11  of  this  chapter,  to  the
commissioner  of  taxation  and  finance  as  agent  for  the facilities
development corporation, for the corporate purposes of such corporation,
and deposit all other moneys  received  in  a  bank  designated  by  the
comptroller.  He  shall submit a statement each month to the comptroller
and to the directors of the facilities development  corporation  showing
the  amounts  so  received  for  the care, maintenance, and treatment of
patients at  such  facilities,  the  refunds  made  on  account  thereof
pursuant  to  section 43.11 of this chapter, and the dates when any such
payments were made to the commissioner of  taxation  and  finance.  Such
statement  shall  be  certified  to  by the commissioner of taxation and
finance. He shall also submit each month  to  the  comptroller  and  the
directors of the facilities development corporation a separate statement
showing  the amount of all other moneys received and deposited in a bank
designated by the comptroller as aforesaid, the persons  from  whom  and
for  what  purposes  received,  and  the dates when any deposits of such
moneys were made. All statements of deposit shall be certified to by the
proper officer of the bank receiving the deposits therein specified.  He
shall  make  an  affidavit  each month that the sums so paid over to the
commissioner of taxation and finance and deposited in such bank are  all
the  moneys  received  by him from any source of institutional income to
the date of the last payment, or deposit, appearing on either  statement
and such affidavit shall be filed with the comptroller and the directors
of  the  facilities  development  corporation.  A bank designated by the
comptroller to receive the aforesaid deposits shall, before any  deposit
is made, execute a bond to the people of the state, in a sum approved by
the comptroller, for the safekeeping of the funds deposited.
(b)  The  provisions  of  this  section  shall  not  be  applicable to
community mental health and developmental  disabilities  facilities,  as
defined  in section three of the facilities development corporation act,
nor to payments  made  for  the  care,  maintenance,  and  treatment  of
patients  at such community mental health and developmental disabilities
facilities.