Bill Text: NY S02211 | 2017-2018 | General Assembly | Amended


Bill Title: Establishes the state university of New York upstate medical hospital operating account, the state university of New York downstate medical hospital operating account and the state university of New York Stony Brook medical hospital operating account.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2018-06-12 - referred to ways and means [S02211 Detail]

Download: New_York-2017-S02211-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2211--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by  Sens. LAVALLE, BOYLE, MARCHIONE, RANZENHOFER, RITCHIE --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Finance -- recommitted to the Committee on Finance in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT  to amend the state finance law, in relation to establishing the
          state university  of  New  York  upstate  medical  hospital  operating
          account,  the  state university of New York downstate medical hospital
          operating account and the state university of  New  York  Stony  Brook
          medical  hospital  operating  account;  to amend the education law, in
          relation to apportionment to  the  state  university;  and  to  repeal
          subdivision 8-a of section 355 of the education law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The state finance  law  is  amended  by  adding  three  new
     2  sections 99-bb, 99-cc and 99-dd to read as follows:
     3    § 99-bb. State university of New York upstate medical hospital operat-
     4  ing  account. 1. There is hereby established in the joint custody of the
     5  state comptroller and  the  commissioner  of  taxation  and  finance  an
     6  account to be known as the "state university of New York upstate medical
     7  hospital operating account".
     8    2.  Such  account  shall  consist  of (a) any monies received by state
     9  university health care facilities from fees, charges  and  reimbursement
    10  from  all other sources, and (b) any funding from the state general fund
    11  provided to the state university health care facilities pursuant  to  an
    12  annual transfer so designated as being associated with the state univer-
    13  sity  health  care facility at Syracuse.  Notwithstanding the provisions
    14  of any law, rule or regulation to the contrary, a portion of such monies
    15  credited may be transferred to a state university account  as  requested
    16  by  the  state  university  chancellor or his or her designee. Monies to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07867-02-8

        S. 2211--A                          2
     1  establish reserves for long-term expenses  of  state  university  health
     2  care facilities and to fulfill obligations required for any contract for
     3  health  care  services  authorized  pursuant  to  subdivision sixteen of
     4  section  three hundred fifty-five of the education law may be designated
     5  by the state university health care facility at Syracuse  as  a  reserve
     6  and  transferred  to a separate contractual reserve account. The amounts
     7  in such accounts shall be available for use in accordance with paragraph
     8  b of subdivision four and subdivision eight  of  section  three  hundred
     9  fifty-five  of the education law. Monies shall only be expended from the
    10  state university of New York upstate medical hospital operating  account
    11  and  the contractual reserve account pursuant to appropriation. Notwith-
    12  standing any other provision of this chapter, the education law  or  any
    13  other law to the contrary, such appropriation shall remain in full force
    14  and  effect  for  two years from the effective date of the appropriation
    15  act making such appropriation. Monies so transferred may be returned  to
    16  the  state  university  of  New  York upstate medical hospital operating
    17  account; provided, however,  that  funds  in  such  contractual  reserve
    18  account  must  be  sufficient  to  meet  the  obligations  of  all  such
    19  contracts.
    20    3. Notwithstanding the provisions of paragraph c of  subdivision  four
    21  of  section  three hundred fifty-five of the education law, or any other
    22  law, rule or regulation to the contrary, and except as outlined in  this
    23  section,  such  funds  contained within the state university of New York
    24  upstate medical hospital operating account shall be for  the  operations
    25  of  the  state university health care facility at Syracuse alone and may
    26  not be supplemented by monies contained within any other state universi-
    27  ty account.
    28    § 99-cc. State university of New York downstate medical hospital oper-
    29  ating account. 1. There is hereby established in the  joint  custody  of
    30  the  state  comptroller  and the commissioner of taxation and finance an
    31  account to be known as the  "state  university  of  New  York  downstate
    32  medical hospital operating account".
    33    2.    Such  account  shall consist of (a) any monies received by state
    34  university health care facilities from fees, charges  and  reimbursement
    35  from  all other sources, and (b) any funding from the state general fund
    36  provided to the state university health care facilities pursuant  to  an
    37  annual transfer so designated as being associated with the state univer-
    38  sity health care facility at Brooklyn.  Notwithstanding any law, rule or
    39  regulation  to  the  contrary,  a portion of such monies credited may be
    40  transferred to a state university account  as  requested  by  the  state
    41  university  chancellor  or  his  or  her  designee.  Monies to establish
    42  reserves for long-term expenses of state university health care  facili-
    43  ties  and  to  fulfill  obligations required for any contract for health
    44  care services authorized pursuant  to  subdivision  sixteen  of  section
    45  three  hundred  fifty-five of the education law may be designated by the
    46  state university health care facility  at  Brooklyn  as  a  reserve  and
    47  transferred  to  a  separate contractual reserve account. The amounts in
    48  such accounts shall be available for use in accordance with paragraph  b
    49  of  subdivision  four  and  subdivision  eight  of section three hundred
    50  fifty-five of the education law.  Monies shall only be expended from the
    51  state university  of  New  York  downstate  medical  hospital  operating
    52  account  and  the contractual reserve account pursuant to appropriation.
    53  Notwithstanding any other provision of this chapter, the  education  law
    54  or  any  other  law  to the contrary, such appropriation shall remain in
    55  full force and effect for two years  from  the  effective  date  of  the
    56  appropriation  act making such appropriation.  Monies so transferred may

        S. 2211--A                          3
     1  be returned to the state university of New York downstate medical hospi-
     2  tal operating account; provided, however, that funds in such contractual
     3  reserve account must be sufficient to meet the obligations of  all  such
     4  contracts.
     5    3.  Notwithstanding  the provisions of paragraph c of subdivision four
     6  of section three hundred fifty-five of the education law,  or  any  law,
     7  rule  or  regulation  to  the  contrary,  and except as outlined in this
     8  section, such funds contained within the state university  of  New  York
     9  downstate medical hospital operating account shall be for the operations
    10  of  the  state university health care facility at Brooklyn alone and may
    11  not be supplemented by monies contained within any other state universi-
    12  ty account.
    13    § 99-dd. State university of New York  Stony  Brook  medical  hospital
    14  operating  account.  1. There is hereby established in the joint custody
    15  of the state comptroller and the commissioner of taxation and finance an
    16  account to be known as the "state university of  New  York  Stony  Brook
    17  medical hospital operating account".
    18    2.    Such  account  shall consist of (a) any monies received by state
    19  university health care facilities from fees, charges  and  reimbursement
    20  from  all other sources, and (b) any funding from the state general fund
    21  provided to the state university health care facilities pursuant  to  an
    22  annual transfer so designated as being associated with the state univer-
    23  sity   health  care  facility  at  Stony  Brook.    Notwithstanding  the
    24  provisions of any law, rule or regulation to the contrary, a portion  of
    25  such monies credited may be transferred to a state university account as
    26  requested  by  the  state  university chancellor or his or her designee.
    27  Monies to establish reserves for long-term expenses of state  university
    28  health  care  facilities  and  to  fulfill  obligations required for any
    29  contract for health care services  authorized  pursuant  to  subdivision
    30  sixteen  of section three hundred fifty-five of the education law may be
    31  designated by the state university health care facility at  Stony  Brook
    32  as  a reserve and transferred to a separate contractual reserve account.
    33  The amounts in such accounts shall be available for  use  in  accordance
    34  with  paragraph  b  of subdivision four and subdivision eight of section
    35  three hundred fifty-five of the education  law.  Monies  shall  only  be
    36  expended  from  the  state  university  of  New York Stony Brook medical
    37  hospital operating account and the contractual reserve account  pursuant
    38  to  appropriation.  Notwithstanding any other provision of this chapter,
    39  the education law or any other law to the contrary,  such  appropriation
    40  shall  remain  in full force and effect for two years from the effective
    41  date of the appropriation  act  making  such  appropriation.  Monies  so
    42  transferred  may  be  returned to the university of New York Stony Brook
    43  medical hospital operating account; provided,  however,  that  funds  in
    44  such  contractual  reserve  account must be sufficient to meet the obli-
    45  gations of all such contracts.
    46    3. Notwithstanding the provisions of paragraph c of  subdivision  four
    47  of  section  three  hundred fifty-five of the education law, or any law,
    48  rule or regulation to the contrary,  and  except  as  outlined  in  this
    49  section,  such  funds  contained within the state university of New York
    50  Stony Brook medical hospital operating account shall be  for  the  oper-
    51  ations of the state university health care facility at Stony Brook alone
    52  and  may  not be supplemented by monies contained within any other state
    53  university account.
    54    § 2. Subdivision 8-a of section 355 of the education law  is  REPEALED
    55  and a new subdivision 8-a is added to read as follows:

        S. 2211--A                          4
     1    8-a. The director of the budget, in consultation with the commissioner
     2  of  health  and  chancellor  of  the state university of New York, shall
     3  develop a methodology for the apportionment of general fund monies to be
     4  allocated annually to each of the state university of  New  York  health
     5  care facilities to reflect ongoing support for costs attributable to the
     6  state  agency status of such health care facilities.  In developing such
     7  methodology, the director of the budget shall  take  into  consideration
     8  each facility's share of labor costs, including fringe benefit costs, as
     9  well as any applicable hospital industry norms, which shall include, but
    10  not  be  limited  to,  the number of full-time equivalent employees, and
    11  outpatient and inpatient volume. Such methodology shall be submitted  to
    12  the  temporary president of the senate, the speaker of the assembly, the
    13  chair of the senate finance committee, the chair of  the  assembly  ways
    14  and  means  committee  and  the chairs of the senate and assembly higher
    15  education committees no later than thirty days prior to  the  allocation
    16  of monies to each health care facility.
    17    §  3.  Notwithstanding any law to the contrary, and in accordance with
    18  section 4 of the state finance law,  the  state  comptroller  is  hereby
    19  authorized and directed to transfer, upon request of the director of the
    20  budget,  the  outstanding  balance  of the state university income fund,
    21  state university hospitals income reimbursable account  (22656)  to  the
    22  state university of New York upstate medical hospital operating account,
    23  the  state  university  of New York downstate medical hospital operating
    24  account and the state university of New York Stony Brook medical  hospi-
    25  tal  operating account. Such transfer shall be done in direct proportion
    26  to the share of the revenues received by each  hospital  for  the  state
    27  university fiscal year ending on June 30, 2018.
    28    §  4.  This  act shall take effect immediately, provided that sections
    29  two and three of this act shall take effect on the thirtieth  day  after
    30  it shall have become a law.
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