N.Y.
State Finance Law Section 99-SS
Healthcare stability fund
1.
There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the “healthcare stability fund” (“fund”).2.
(a) The fund shall consist of monies received from the imposition of the centers for medicare and medicaid services-approved MCO provider tax established pursuant to Public Health Law § 2807-FF (New York managed care organization provider tax)section twenty-eight hundred seven-ff of the public health law, and all other monies appropriated, credited, or transferred thereto from any other fund or source pursuant to law.(b)
The pool administrator under contract with the commissioner of health pursuant to Public Health Law § 2807-Y (Pool administration)section twenty-eight hundred seven-y of the public health law shall collect moneys required to be collected as a result of the implementation of the MCO provider tax.3.
Notwithstanding any provision of law to the contrary and subject to available legislative appropriation and approval of the director of the budget, monies of the fund may be available to the department of health for the purpose of:(a)
funding the non-federal share of increased capitation payments to managed care providers, as defined in Social Services Law § 364-J (Managed care programs)section three hundred sixty-four-j of the social services law, for the medical assistance program, pursuant to a plan developed and approved by the director of the budget;(b)
funding the non-federal share of the medical assistance program, including supplemental support for the delivery of health care services to medical assistance program enrollees and quality incentive programs;(c)
reimbursement to the general fund for expenditures incurred in the medical assistance program, including, but not limited to, reimbursement pursuant to a savings allocation plan established in accordance with section ninety-two of part H of chapter fifty-nine of the laws of two thousand eleven, as amended; and(d)
transfer to the capital projects fund, or any other capital projects fund of the state to support the delivery of health care services.4.
The monies shall be paid out of the fund on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of health, or by an officer or employee of the department of health designated by the commissioner.5.
Monies disbursed from the fund shall be exempt from the calculation of department of health state funds medicaid expenditures under subdivision one of section ninety-two of part H of chapter fifty-nine of the laws of two thousand eleven, as amended.6.
Monies in such fund shall be kept separate from and shall not be commingled with any other monies in the custody of the comptroller or the commissioner of taxation and finance. Any monies of the fund not required for immediate use may, at the discretion of the comptroller, in consultation with the director of the budget, be invested by the comptroller in obligations of the United States or the state. Any income earned by the investment of such monies shall be added to and become a part of and shall be used for the purposes of such fund.7.
The director of the budget shall provide quarterly reports to the speaker of the assembly, the temporary president of the senate, the chair of the senate finance committee and the chair of the assembly ways and means committee, on the receipts and distributions of the healthcare stability fund, including an itemization of such receipts and disbursements, the historical and projected expenditures, and the projected fund balance.8.
The comptroller shall provide the pool administrator with any information needed, in a form or format prescribed by the pool administrator, to meet reporting requirements as set forth in Public Health Law § 2807-Y (Pool administration)section twenty-eight hundred seven-y of the public health law or as otherwise provided by law. * NB There are two § 99-ss’s
Source:
Section 99-SS — Healthcare stability fund, https://www.nysenate.gov/legislation/laws/STF/99-SS (updated May 16, 2025; accessed Jun. 21, 2025).
