2023 New York Laws › PBH - Public Health › Article 4 - Property and Hospitals in the Department of Health › Title 1 - General Provisions › 409 - Department of Health Income Fund.

§  409.  Department  of health income fund. 1. There is established in
the custody of the comptroller a special account, to  be  known  as  the
department of health income fund.
2.  (a)  The commissioner shall, after the first day of July, nineteen
hundred  seventy-one,  pay  over  moneys  received  by  the   department
including  moneys  received  from  the  Roswell  Park  Cancer  Institute
corporation for the care, maintenance and treatment of patients at state
hospitals in the department as enumerated in section four hundred  three
of  this  chapter,  together  with  money  received from fees, including
parking fees, refunds, reimbursements,  payments  received  pursuant  to
leases,  sales  of property and miscellaneous receipts of such hospitals
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 this chapter except for the amount of money required
by the comptroller to be maintained on  deposit  in  the  department  of
health  income  fund  pursuant to paragraph (c) of this subdivision less
payments required to be made into pools created by this chapter and  for
assessments  established  pursuant to this chapter and less refunds made
pursuant to law, to the comptroller  to  be  deposited  by  him  in  the
department of health income fund. Such moneys shall be kept separate and
shall  not  be  commingled  with  any  other  moneys in the hands of the
comptroller. All deposits of  such  money  shall,  if  required  by  the
comptroller,  be  secured  by obligations of the United States or of the
state of market value equal at all times to the amount  of  the  deposit
and all banks and trust companies are authorized to give such securities
for  such  deposits.  The commissioner shall identify to the comptroller
moneys received from Roswell Park Cancer Institute  corporation  or  its
subsidiaries.
(b)  Subject  to the terms of any agreement between the department and
the dormitory authority, any such moneys in  the  department  of  health
income  fund  not  required for immediate use, may, in the discretion of
the comptroller, be invested by the comptroller in  obligations  of  the
United  States or the state or obligations the principal and interest of
which are guaranteed by the United States or the state.
(c) The comptroller shall at all times  maintain  on  deposit  in  the
department of health income fund the aggregate amount of money needed by
the  department during the next succeeding six calendar months to comply
in full with all obligations of the department under the terms of  every
lease,  sublease  or  agreement  of  the  department  with the dormitory
authority which is then in effect, including without limitation  by  the
specification  thereof,  (i)  the  amount needed to make rental payments
thereunder during such semiannual period, and (ii) the amount needed  to
establish and maintain reserves thereunder during such period.
(d) The comptroller shall from time to time but in no event later than
the  last  day  of  March, June, September and December of each year pay
over and deposit in the special revenue  funds  -  other,  miscellaneous
special revenue fund - 339, Roswell Park cancer institute account, Helen
Hayes  hospital  account,  New  York  state  home for veterans and their
dependents at Oxford account, western New York  veterans'  home  account
and New York state home for veterans in the lower-Hudson Valley account,
in accordance with directions from the commissioner of health concerning
the  distribution  of revenues among the various accounts, all moneys in
the department of health income fund in excess of the  aggregate  amount
of  money  required  to be maintained in the department of health income
fund pursuant to paragraph (c) of this subdivision.  Prior to making any
such transfer, the comptroller shall make and deliver to the director of
the budget and to the dormitory authority his  certificate  stating  the

aggregate amount to be maintained on deposit in the department of health
income  fund  to  comply  in full with the provision of paragraph (c) of
this subdivision.   When  further  directed  by  the  commissioner,  the
comptroller  shall  transfer  revenues and/or appropriations between and
among  these  accounts  and  the  special   revenue   funds   -   other,
miscellaneous  special  revenue fund - 339, New York city veteran's home
account.  For purposes of transferring  appropriations  it  is  intended
that the following accounts be understood to be part of the same program
and  same  fund  for  purposes of section fifty-one of the state finance
law, thereby authorizing unlimited  interchangeability  of  appropriated
amounts  between  the  following accounts in the special revenue funds -
other, miscellaneous special revenue fund -  339:  Roswell  Park  Cancer
Institute Account, Helen Hayes Hospital Account, New York State Home for
Veterans  and  Their  Dependents  at  Oxford  Account,  Western New York
Veterans' Home  Account,  New  York  State  Home  for  Veterans  in  the
lower-Hudson  Valley  Account, and New York City Veterans' Home Account.
The comptroller shall, as determined by the commissioner and  consistent
with  any  repayment  agreement entered into between the director of the
budget and the commissioner, transfer funds from the Roswell Park cancer
institute account, Helen Hayes hospital account, New York state home for
veterans and their  dependents  at  Oxford  account,  western  New  York
veterans'  home  account  or  New  York  state  home for veterans in the
lower-Hudson Valley account to the department of health services account
to repay all or part  of  any  outstanding  liabilities  in  the  health
services  account  attributed to the respective hospitals for which such
accounts were established.
3. To secure the payment of any money due or to become due in any year
under  any  lease,  sublease  or  agreement  entered  into  between  the
department  and  the dormitory authority, the commissioner may pledge or
assign to the dormitory authority all or any moneys in the department of
health income fund established pursuant to this section, and any and all
moneys which may be receivable by the department and  credited  to  such
department of health income fund in the future, and any right, title and
interest  of the department in and to the money in or to be deposited in
such department of health income fund.
4. The moneys in the department of health income fund  shall  be  paid
out of such fund on the audit and warrant of the comptroller on vouchers
certified  or approved by the commissioner, or by an officer or employee
of the department designated by the  commissioner,  notwithstanding  the
provisions of any general or special law to the contrary.
5.  Notwithstanding  any inconsistent provision of this section or any
other law to the contrary, including, but not limited to,  section  four
of  the  state  finance law, the comptroller shall no less than biweekly
pay any moneys which the commissioner identifies as being attributed  to
the  operation  of  the Roswell Park Cancer Institute corporation or the
properties  leased  to  it  by  the  state  or  subsidiaries   of   such
corporation,  which are in excess of the amounts required to comply with
the provisions of paragraph (c) of subdivision two of this section, into
a depositary account owned and controlled by  the  Roswell  Park  Cancer
Institute corporation.