* § 99-rr. 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. 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 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.

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 for:

(a) funding the non-federal share of increased capitation payments to
managed care providers, as defined in 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. 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.

5. 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.

6. 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.

* NB There are 2 § 99-rr's