Add §§99-bb, 99-cc & 99-dd, St Fin L; rpld §355 sub 8-a, amd §355, Ed L
 
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.
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.