2023 New York Laws › STF - State Finance › Article 6 - Funds of the State › 92-DD - Health Care Reform Act (Hcra) Resources Fund.

§ 92-dd. Health care reform act (HCRA) resources fund. Notwithstanding
any  contrary provision of law, there is hereby established in the joint
custody of the comptroller and the department of health  a  fund  to  be
known  as  the health care reform act resources fund. Such fund shall be
composed of the HCRA program account and the  HCRA  transition  account,
which  are  hereby  established,  and  such other existing or other duly
authorized funds or accounts which the  director  of  the  budget,  upon
recommendation   of  the  commissioner  of  health,  may  direct  to  be
transferred  into  the  HCRA  resources  fund.  Such   fund   shall   be
administered in accordance with the following:
(a)  On  and  after  April  first,  two thousand five, such fund shall
consist of the revenues heretofore and hereafter collected  or  required
to  be  deposited  pursuant  to paragraph (a) of subdivision eighteen of
section twenty-eight hundred seven-c, and sections twenty-eight  hundred
seven-j,  twenty-eight  hundred seven-s and twenty-eight hundred seven-t
of the public health  law,  subdivision  (b)  of  section  four  hundred
eighty-two  and  section  eleven  hundred  eighty-six of the tax law and
required to be credited to the tobacco control and insurance initiatives
pool, subparagraph (O) of paragraph four of subsection  (j)  of  section
four   thousand   three  hundred  one  of  the  insurance  law,  section
twenty-seven of part A of chapter one of the laws of  two  thousand  two
and all other moneys credited or transferred thereto from any other fund
or source pursuant to law.
(b)  The  pool  administrator  under contract with the commissioner of
health pursuant to section twenty-eight hundred seven-y  of  the  public
health  law shall continue to collect moneys required to be collected or
deposited pursuant to paragraph (a) of subdivision eighteen  of  section
twenty-eight hundred seven-c, and sections twenty-eight hundred seven-j,
twenty-eight  hundred  seven-s  and  twenty-eight hundred seven-t of the
public health law, and shall deposit such moneys in the  HCRA  resources
fund.  The  comptroller shall deposit moneys collected or required to be
deposited pursuant to subdivision (b) of section four hundred eighty-two
of the tax law and required to be credited to the  tobacco  control  and
insurance  initiatives  pool,  subparagraph  (O)  of  paragraph  four of
subsection (j) of  section  four  thousand  three  hundred  one  of  the
insurance law, section twenty-seven of part A of chapter one of the laws
of two thousand two and all other moneys credited or transferred thereto
from  any  other  fund  or  source pursuant to law in the HCRA resources
fund.
(c) The pool administrator shall, from appropriated funds  transferred
to  the  pool  administrator  from  the  comptroller,  continue  to make
payments as required pursuant to sections twenty-eight hundred  seven-k,
twenty-eight  hundred  seven-m  (not including payments made pursuant to
paragraphs (c), (d),, (f) and  (g)  of  subdivision  five-a  of  section
twenty-eight  hundred  seven-m), and twenty-eight hundred seven-w of the
public health law, paragraph (e) of subdivision twenty-five  of  section
twenty-eight  hundred  seven-c  of the public health law, paragraphs (b)
and (c) of subdivision thirty of section twenty-eight hundred seven-c of
the public health law, paragraph (b) of subdivision eighteen of  section
twenty-eight  hundred  eight of the public health law, subdivision seven
of section twenty-five hundred-d of the public health  law  and  section
eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.
(d)  Moneys in the health care reform act resources fund shall be kept
separate from and shall not be commingled with any other moneys  in  the
joint or sole custody of the comptroller and the department of health.
(e)  Moneys  of  the fund, following appropriation by the legislature,
shall be expended  in  accordance  with  sections  twenty-eight  hundred
seven-k, twenty-eight hundred seven-l, twenty-eight hundred seven-m, and

twenty-eight  hundred  seven-v  of  the public health law, pursuant to a
certificate of approval of availability issued by the  director  of  the
budget,  upon the recommendation of the commissioner of health, or where
appropriate,  the superintendent of financial services, the commissioner
of mental health and the director of the state office for the aging, and
a copy of  such  certificate  filed  with  the  state  comptroller,  the
chairperson  of  the senate finance committee and the chairperson of the
assembly ways and means committee.
(f) The moneys, following allocation, shall be paid out of the fund on
the audit and warrant  of  the  comptroller  on  vouchers  certified  or
approved  by the commissioner of health, or by an officer or employee of
the department of health designated by the commissioner.
(g) Upon the direction of  the  director  of  the  budget,  the  state
comptroller  shall  transfer  amounts  up  to the undisbursed balance of
existing funds and accounts supported by revenues collected pursuant  to
HCRA to the HCRA resources fund.
(h)  The  comptroller  shall  provide  the pool administrator with any
information  needed,  in  a  form  or  format  prescribed  by  the  pool
administrator,  to meet health care reform act reporting requirements as
set forth in article  twenty-eight  of  the  public  health  law  or  as
otherwise provided by law.
(i)  The  commissioner  of  health and the comptroller are directed to
develop an expedited process to make immediate payments to any  provider
or  an  immediate  transfer  of  funds to the pool administrator for the
purposes   of   making   necessary   distributions,   within   available
appropriations   therefor,  in  accordance  with  sections  twenty-eight
hundred seven-k,  twenty-eight  hundred  seven-l,  twenty-eight  hundred
seven-m,  and  twenty-eight  hundred seven-v of the public health law to
address emergency provider cash needs, as determined by the commissioner
of health.