2023 New York Laws › PBA - Public Authorities › Article 10-C - New York Health Care Corporations › Title 4 - Roswell Park Cancer Institute Corporation Act › 3573 - Moneys Received; Department of Health.

§  3573.   Moneys received; department of health.  Notwithstanding any
  provision of this article or any other provision of law to the contrary,
  so long as bonds issued by the dormitory authority to finance facilities
  for the department of health of the state of New York remain outstanding
  as defined in the bond resolution under which such  bonds  were  issued,
  the following provisions shall be applicable:
1.    All  moneys  derived or resulting from the care, maintenance and
  treatment of patients at Roswell Park  Cancer  Institute  or  any  other
  health  facility  owned  or  operated by the corporation or a subsidiary
  thereof, together with moneys  received  from  fees,  including  parking
  fees,  refunds,  reimbursements,  sales  of  property  and miscellaneous
  receipts of the corporation or its subsidiaries attributable to  Roswell
  Park  Cancer  Institute  and  other  revenues  of the corporation or its
  subsidiaries (other than gifts, grants,  bequests  and  moneys  received
  under research contracts, and clinical practice income received pursuant
  to a clinical practice plan established pursuant to subdivision fourteen
  of  section  two hundred six of the public health law) and any other net
  revenues received by the corporation from any  of  its  subsidiaries  or
  other  entities  shall  be  moneys  of the department of health, whether
  collected or received by such corporation or any  of  its  subsidiaries,
  and  shall  be  paid  into the health income fund as required by section
  four hundred nine of the public health law.   Such  corporation  or  any
  subsidiary  created hereunder shall receive any moneys of the department
  of health described herein as agent of  the  department  of  health  and
  shall  pay  such  moneys to the commissioner for deposit into the health
  income fund.
2.  Neither the corporation nor any subsidiary thereof shall create or
  permit to be created any pledge,  assignment,  encumbrance  or  security
  interest  in  any  moneys  of  the  department  of health required to be
  deposited or maintained in the department of health income fund pursuant
  to section four hundred nine of the public health law or  any  agreement
  between  the department of health and the dormitory authority, including
  investments and proceeds thereof, or the  right  of  the  department  of
  health to receive or collect the same.
3.  The state shall not give, grant, sell or convey, loan, license the
  use  of  or  lease  any  property  to  the corporation or any subsidiary
  thereof except in compliance with the terms of any  lease,  sublease  or
  other  agreement  between  the dormitory authority and the department of
  health of the state of New York.
4.  Neither the corporation nor any subsidiary thereof shall take  any
  action,  or  suffer any action to be taken, which would adversely affect
  the exclusion of interest on any of the bonds issued  by  the  dormitory
  authority  to  finance  facilities  for  the department of health of the
  state of New York from gross  income  for  purposes  of  federal  income
  taxation.    The  department  of  health  shall provide oversight of the
  corporation's adherence to this subdivision as more fully  described  in
  the agreement set forth in subdivision two of section four hundred three
  of the public health law.
5.   No power conferred upon the corporation or any subsidiary thereof
  by this article or any other provision of law shall be  exercised  in  a
  manner  that  is  inconsistent  with the terms of any lease, sublease or
  other agreement between the dormitory authority and  the  department  of
  health of the state of New York.
6.  No  lien  granted  by  the  corporation  or any subsidiary thereof
  pursuant to this title shall give any lienor the  right  to  compel  the
  sale of any health facility which is currently owned by the state or the
  dormitory   authority  and  which  comprises  the  Roswell  Park  Cancer
  Institute.