EXTRAORDINARY SESSION | ‘egislative Bill Drafting Commission 112300-01-0 PROGRAM BILL #30 5 Senate IN SENATE—Introduced by Sen --read twice and ordered printed, and when printed to be committed to the Committee on Assembly A IN ASSEMBLY--Introduced by M. of A. with M. of A. as co-sponsors read once and referred to the Committee on ‘*STATFILA* (Relates to the FMAP contingency fund). St Fin, FMAP contingency fund aN ACT to amend the state finance law, in relation to the FMAP contingency fund The People of the State of New York, represented in Senate and Assembly, do enact as follows: IN SENATE 126 adams tay) sth tanee a7 Ogpemainer 0th Shot 0 sereasieee—Septon a8 arctan aS abun oie 5 me it weatgnary 125 tuning 055 Yolar IW ASSEMBLY, ‘he west of the Ane soe atta eve cicled Below wi te Join at fe te elomponsontip of ma pense 13 cubes 34 tece 8 roe 26 puede 007 uaniee 820 Hetoobarg 22 Gone en Aaa Latsotices lyn the cae cnr of the HE) se enor10 a 12 a3 4 1s 1s Ww 18 19 20, 21 22 23 24 25 26 27 28 06/26/10 2 12300-01-0 Section 1. For the purpose of maintaining a balanced budget in the event that the federal government does not enact an extension of enhanced Federal Medicaid Assistance Percentages ("MAP") for the state of New York, until the federal government enacts an extension of the enhanced FMAP for the state of New York, the director of the budget shall be authorized to uniformly reduce payments to be made from all undisbursed general fund and state special revenue fund appropriations by up to ten percent, up to a maximum of $1,060,000,000 with the follow- ing exceptions: (a) payments for emergency assistance for families and payments for eligible aged, blind and disabled persons related to supplemental social security (b) any reductions that would violate federal law: (c) payments of debt service and related expenses for which the state is constitutionally obligated to pay debt service or is contractually obligated to pay debt service, subject to an appropri- ation, including where the state has a contingent contractual obli- gation; and (d) binding, non-discretionary legal obligations, except for obligations which are binding solely as a result of state statute or regulation: ~-Such---reductions-shall-be-made-in-accordance--with-a.written. allocation plan prepared by the director of the budget, which shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. The Airector of the budget shall prepare appropriately reduced certificates, which shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. All amounts so reduced shall be deposited in a contingency fund established pursuant to section 99-r of the state finance law. If at any time after the effective date of this section an extension of enhanced FMAP has been enacted by the Federal government in an amount at10 n 2 Fe] u 1s 16 uw 16. cry 20 a 22 23 24 25 26 27 28 06/26/10 3 12300-01-0 least as great as the anount assuned in the fiscal year two thousand ten-eleven financial plan as determined by the director of the budget, no further reductions shall occur and all payment amounts withheld pursuant to this section shall be paid to the recipients from which they were withheld, If an extension of enhanced HMAP is not enacted during the fiscal year, ox an extension is enacted in an amount less than the amount assumed in the fiscal year two thousand ten-eleven financial plan as determined by the director of the budget, the reductions authorized by this section shall continue until the total amount of such reductions is equal to the amount by which the extension differs from the amount assumed in the fiscal year two thousand ten-eleven financial plan as determined by the director of the budget and, notwithstanding any other provision of law to the contrary, liability for amounts due under an appropriation or other applicable provision of law shall be reduced in the amounts of the payment reduction. $2. The state finance law is anended by adding a new section 99-r to read as follows §99-r,-FMAP-contingency-fund.....1. There.is_herebyestablished_in.the joint custody of the state comptroller and the commissioner of taxation and finance a special revenue fund known as the "#MAP contingency fund". 2. the fund shall consist of all nonies required by law to be deposit= ed to the fund. Monies in the fund shall be disbursed, when allocated, for the purpose of making payments that had previously been subject to reduction pursuant to law as_a result of federal government failure to enact an extension of Federal Medicaid assistance percentages. 4. I€ by January 1, 2011, Mederal Medicaid percentages are not extended or are extended in an amount that is less than the amount06/26/10 4 12300-01-0 assuned in the fiscal year two thousand ten-eleven financial plan as determined by the director of the budget, all monies in the fund on such date shall be transferred to the general fund and any amounts deposited in the fund after such date shall be transferred to the general fund upon the request of the director of the budget. § 3. This act shall take effect immediately and shall expire and be deemed repealed April 1, 2011.