N.Y. STF Law § 99-SS

* § 99-ss. Healthcare stability fund. 1. There is hereby established\nin the joint custody of the state comptroller and the commissioner of\ntaxation and finance a special fund to be known as the "healthcare\nstability fund" ("fund").\n 2. (a) The fund shall consist of monies received from the imposition\nof the centers for medicare and medicaid services-approved MCO provider\ntax established pursuant to section twenty-eight hundred seven-ff of the\npublic health law, and all other monies appropriated, credited, or\ntransferred thereto from any other fund or source pursuant to law.\n (b) The pool administrator under contract with the commissioner of\nhealth pursuant to section twenty-eight hundred seven-y of the public\nhealth law shall collect moneys required to be collected as a result of\nthe implementation of the MCO provider tax.\n 3. Notwithstanding any provision of law to the contrary and subject to\navailable legislative appropriation and approval of the director of the\nbudget, monies of the fund may be available to the department of health\nfor the purpose of:\n (a) funding the non-federal share of increased capitation payments to\nmanaged care providers, as defined in section three hundred sixty-four-j\nof the social services law, for the medical assistance program, pursuant\nto a plan developed and approved by the director of the budget;\n (b) funding the non-federal share of the medical assistance program,\nincluding supplemental support for the delivery of health care services\nto medical assistance program enrollees and quality incentive programs;\n (c) reimbursement to the general fund for expenditures incurred in the\nmedical assistance program, including, but not limited to, reimbursement\npursuant to a savings allocation plan established in accordance with\nsection ninety-two of part H of chapter fifty-nine of the laws of two\nthousand eleven, as amended; and\n (d) transfer to the capital projects fund, or any other capital\nprojects fund of the state to support the delivery of health care\nservices.\n 4. The monies shall be paid out of the fund on the audit and warrant\nof the comptroller on vouchers certified or approved by the commissioner\nof health, or by an officer or employee of the department of health\ndesignated by the commissioner.\n 5. Monies disbursed from the fund shall be exempt from the calculation\nof department of health state funds medicaid expenditures under\nsubdivision one of section ninety-two of part H of chapter fifty-nine of\nthe laws of two thousand eleven, as amended.\n 6. Monies in such fund shall be kept separate from and shall not be\ncommingled with any other monies in the custody of the comptroller or\nthe commissioner of taxation and finance. Any monies of the fund not\nrequired for immediate use may, at the discretion of the comptroller, in\nconsultation with the director of the budget, be invested by the\ncomptroller in obligations of the United States or the state. Any income\nearned by the investment of such monies shall be added to and become a\npart of and shall be used for the purposes of such fund.\n 7. The director of the budget shall provide quarterly reports to the\nspeaker of the assembly, the temporary president of the senate, the\nchair of the senate finance committee and the chair of the assembly ways\nand means committee, on the receipts and distributions of the healthcare\nstability fund, including an itemization of such receipts and\ndisbursements, the historical and projected expenditures, and the\nprojected fund balance.\n 8. The comptroller shall provide the pool administrator with any\ninformation needed, in a form or format prescribed by the pool\nadministrator, to meet reporting requirements as set forth in section\ntwenty-eight hundred seven-y of the public health law or as otherwise\nprovided by law.\n * NB There are 3 § 99-ss's\n