2023 New York Laws › STF - State Finance › Article 6 - Funds of the State › 99-RR - Healthcare Stability Fund.

* §  99-rr.  Healthcare stability fund. 1. There is hereby established
in the joint custody of the state comptroller and  the  commissioner  of
taxation  and  finance  a  special  fund  to be known as the "healthcare
stability fund" ("fund").
2. The fund shall consist of monies received from  the  imposition  of
the centers for medicare and medicaid services-approved MCO provider tax
established  pursuant  to  section  twenty-eight hundred seven-ff of the
public health law, and  all  other  monies  appropriated,  credited,  or
transferred thereto from any other fund or source pursuant to law.
3. Notwithstanding any provision of law to the contrary and subject to
available  legislative appropriation and approval of the director of the
budget, monies of the fund may be available for:
(a) funding the non-federal share of increased capitation payments  to
managed care providers, as defined in section three hundred sixty-four-j
of the social services law, for the medical assistance program, pursuant
to a plan developed and approved by the director of the budget;
(b)  funding  the non-federal share of the medical assistance program,
including supplemental support for the delivery of health care  services
to medical assistance program enrollees and quality incentive programs;
(c) reimbursement to the general fund for expenditures incurred in the
medical assistance program, including, but not limited to, reimbursement
pursuant  to  a  savings  allocation plan established in accordance with
section ninety-two of part H of chapter fifty-nine of the  laws  of  two
thousand eleven, as amended; and
(d)  transfer  to  the  capital  projects  fund,  or any other capital
projects fund of the state  to  support  the  delivery  of  health  care
services.
4. Monies disbursed from the fund shall be exempt from the calculation
of   department  of  health  state  funds  medicaid  expenditures  under
subdivision one of section ninety-two of part H of chapter fifty-nine of
the laws of two thousand eleven, as amended.
5. Monies in such fund shall be kept separate from and  shall  not  be
commingled  with  any  other monies in the custody of the comptroller or
the commissioner of taxation and finance. Any monies  of  the  fund  not
required for immediate use may, at the discretion of the comptroller, in
consultation  with  the  director  of  the  budget,  be  invested by the
comptroller in obligations of the United States or the state. Any income
earned by the investment of such monies shall be added to and  become  a
part of and shall be used for the purposes of such fund.
6.  The  director of the budget shall provide quarterly reports to the
speaker of the assembly, the temporary  president  of  the  senate,  the
chair of the senate finance committee and the chair of the assembly ways
and means committee, on the receipts and distributions of the healthcare
stability   fund,   including   an  itemization  of  such  receipts  and
disbursements,  the  historical  and  projected  expenditures,  and  the
projected fund balance.
* NB There are 2 § 99-rr's