§ 409. Department of health income fund. 1. There is established in
the custody of the comptroller a special account, to be known as the
department of health income fund.

2. (a) The commissioner shall, after the first day of July, nineteen
hundred seventy-one, pay over moneys received by the department
including moneys received from the Roswell Park Cancer Institute
corporation for the care, maintenance and treatment of patients at state
hospitals in the department as enumerated in section four hundred three
of this chapter, together with money received from fees, including
parking fees, refunds, reimbursements, payments received pursuant to
leases, sales of property and miscellaneous receipts of such hospitals
other than gifts, grants, bequests and moneys received under research
contracts, and clinical practice income received pursuant to a clinical
practice plan established pursuant to subdivision fourteen of section
two hundred six of this chapter except for the amount of money required
by the comptroller to be maintained on deposit in the department of
health income fund pursuant to paragraph (c) of this subdivision less
payments required to be made into pools created by this chapter and for
assessments established pursuant to this chapter and less refunds made
pursuant to law, to the comptroller to be deposited by him in the
department of health income fund. Such moneys shall be kept separate and
shall not be commingled with any other moneys in the hands of the
comptroller. All deposits of such money shall, if required by the
comptroller, be secured by obligations of the United States or of the
state of market value equal at all times to the amount of the deposit
and all banks and trust companies are authorized to give such securities
for such deposits. The commissioner shall identify to the comptroller
moneys received from Roswell Park Cancer Institute corporation or its
subsidiaries.

(b) Subject to the terms of any agreement between the department and
the dormitory authority, any such moneys in the department of health
income fund not required for immediate use, may, in the discretion of
the comptroller, be invested by the comptroller in obligations of the
United States or the state or obligations the principal and interest of
which are guaranteed by the United States or the state.

(c) The comptroller shall at all times maintain on deposit in the
department of health income fund the aggregate amount of money needed by
the department during the next succeeding six calendar months to comply
in full with all obligations of the department under the terms of every
lease, sublease or agreement of the department with the dormitory
authority which is then in effect, including without limitation by the
specification thereof, (i) the amount needed to make rental payments
thereunder during such semiannual period, and (ii) the amount needed to
establish and maintain reserves thereunder during such period.

(d) The comptroller shall from time to time but in no event later than
the last day of March, June, September and December of each year pay
over and deposit in the special revenue funds - other, miscellaneous
special revenue fund - 339, Roswell Park cancer institute account, Helen
Hayes hospital account, New York state home for veterans and their
dependents at Oxford account, western New York veterans' home account
and New York state home for veterans in the lower-Hudson Valley account,
in accordance with directions from the commissioner of health concerning
the distribution of revenues among the various accounts, all moneys in
the department of health income fund in excess of the aggregate amount
of money required to be maintained in the department of health income
fund pursuant to paragraph (c) of this subdivision. Prior to making any
such transfer, the comptroller shall make and deliver to the director of
the budget and to the dormitory authority his certificate stating the
aggregate amount to be maintained on deposit in the department of health
income fund to comply in full with the provision of paragraph (c) of
this subdivision. When further directed by the commissioner, the
comptroller shall transfer revenues and/or appropriations between and
among these accounts and the special revenue funds - other,
miscellaneous special revenue fund - 339, New York city veteran's home
account. For purposes of transferring appropriations it is intended
that the following accounts be understood to be part of the same program
and same fund for purposes of section fifty-one of the state finance
law, thereby authorizing unlimited interchangeability of appropriated
amounts between the following accounts in the special revenue funds -
other, miscellaneous special revenue fund - 339: Roswell Park Cancer
Institute Account, Helen Hayes Hospital Account, New York State Home for
Veterans and Their Dependents at Oxford Account, Western New York
Veterans' Home Account, New York State Home for Veterans in the
lower-Hudson Valley Account, and New York City Veterans' Home Account.
The comptroller shall, as determined by the commissioner and consistent
with any repayment agreement entered into between the director of the
budget and the commissioner, transfer funds from the Roswell Park cancer
institute account, Helen Hayes hospital account, New York state home for
veterans and their dependents at Oxford account, western New York
veterans' home account or New York state home for veterans in the
lower-Hudson Valley account to the department of health services account
to repay all or part of any outstanding liabilities in the health
services account attributed to the respective hospitals for which such
accounts were established.

3. To secure the payment of any money due or to become due in any year
under any lease, sublease or agreement entered into between the
department and the dormitory authority, the commissioner may pledge or
assign to the dormitory authority all or any moneys in the department of
health income fund established pursuant to this section, and any and all
moneys which may be receivable by the department and credited to such
department of health income fund in the future, and any right, title and
interest of the department in and to the money in or to be deposited in
such department of health income fund.

4. The moneys in the department of health income fund shall be paid
out of such fund on the audit and warrant of the comptroller on vouchers
certified or approved by the commissioner, or by an officer or employee
of the department designated by the commissioner, notwithstanding the
provisions of any general or special law to the contrary.

5. Notwithstanding any inconsistent provision of this section or any
other law to the contrary, including, but not limited to, section four
of the state finance law, the comptroller shall no less than biweekly
pay any moneys which the commissioner identifies as being attributed to
the operation of the Roswell Park Cancer Institute corporation or the
properties leased to it by the state or subsidiaries of such
corporation, which are in excess of the amounts required to comply with
the provisions of paragraph (c) of subdivision two of this section, into
a depositary account owned and controlled by the Roswell Park Cancer
Institute corporation.