Legislation
SECTION 54-I
Human services overburden aid to counties
State Finance (STF) CHAPTER 56, ARTICLE 4-A
* § 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
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 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 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
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)
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
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 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 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
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)