N.Y.
State Finance Law Section 54-I
Human services overburden aid to counties
1.
Definitions. When used in this section, unless otherwise expressly stated:a.
“County”, for the purposes of computation and payment of overburden aid under this section, shall mean each county located outside the city of New York and the city of New York.b.
“Total local cost”, for each county for the purposes of computation and payment of overburden aid under this section, shall mean the total local costs of such county as a social services district pursuant to Social Services Law § 365-A (Character and adequacy of assistance)section three hundred sixty-five-a of the social services law including administrative expenses therefor.c.
“Medical assistance”, for the purposes of computation and payment of overburden aid under this section, shall be defined in accordance with Social Services Law § 365-A (Character and adequacy of assistance)section three hundred sixty-five-a of the social services law.d.
“Mentally disabled”, for the purposes of computation and payment of overburden aid under this section, shall mean those individuals who are eligible for medical assistance pursuant to Social Services Law § 366 (Eligibility)section three hundred sixty-six of the social services law as a result of a mental disability as determined by the commissioner of the department of social services in consultation with the commissioners of the office of mental health and the office of mental retardation and developmental disabilities and with the approval of the director of the budget.2.
Human services overburden aid shall be calculated and paid to counties in accordance with the following:(i)
Each county shall be entitled, on a quarterly basis to receive human services overburden aid payments based on the local share of medical assistance payments, as calculated in paragraph (iii) hereof, incurred by said county during each of the four calendar quarters of the calendar year for which this section is in effect.(ii)
The commissioner of the department of social services shall, on or before the forty-fifth day after the close of each calendar quarter of nineteen hundred eighty-three, certify to the commissioner of taxation and finance (a) the total local cost incurred by each county during the preceding three full months, and (b) the amount of each such total that was incurred in providing medical assistance for the mentally disabled, and (c) the amount of each such total that was incurred in providing medical assistance to individuals for which there is no federal financial participation available under the medical assistance program exclusive of any such amount included in clause (b) hereof for each such total.(iii)
On or before the last day of the month during which he shall receive a certification by the commissioner of the department of social services as required pursuant to paragraph (ii) hereof, the commissioner of taxation and finance shall calculate and certify the human services overburden aid payable to counties pursuant to paragraph (iv) hereof.(iv)
Human services overburden aid payments to each county shall equal the amount determined in clause (b) of paragraph (ii) hereof for such county plus thirty-five percent of the amount determined in clause (c) of paragraph (ii) hereof for such county, plus seventeen percent of the result obtained by subtracting the amounts determined in clauses (b) and (c) of paragraph (ii) hereof for such county from the amount determined in clause (a) of paragraph (ii) hereof for such county; provided, however, that the amounts to be included in clauses (b) and (c) of paragraph (ii) hereof may be determined by expressing as a percentage that portion of the payments made through the fiscal agent authorized by Social Services Law § 367-B (Medical assistance information and payment system)section three hundred sixty-seven-b of the social services law which is properly includable in each such clause and applying said percentage to the total local cost.(v)
Human services overburden aid shall be paid in amounts certified pursuant to paragraph (iii) hereof to the chief fiscal officer of each county on the audit and warrant of the comptroller out of moneys appropriated by the legislature for such purpose to the credit of the general fund of the state treasury.3.
The provisions of this section shall remain in force and effect only until March thirty-first, nineteen hundred eighty-four. * NB Expired March 31, 1984 (see sub 3)
Source:
Section 54-I — Human services overburden aid to counties, https://www.nysenate.gov/legislation/laws/STF/54-I (updated Sep. 22, 2014; accessed Oct. 26, 2024).
