97-zz. Federal revenue maximization contract fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a fund known as the federal revenue maximization contract fund.
2. Such fund shall consist of those revenues specified by the department of social services, subject to the approval of the director of the budget, and properly received from the federal government on account of federal revenue maximization activities conducted by the department of social services and social services districts, both directly and through their contractors, that are credited or transferred thereto from any other fund or source pursuant to law.
3. Moneys in the fund, pursuant to appropriation by the legislature and issuance of a certificate of approval by the director of the budget, shall be made available for the following purposes:
(a) payment of fees, pursuant to a contract approved by the state comptroller, to any contractor of the department of social services providing federal revenue maximization services; and,
(b) payment or reimbursement of the federal share of social services district expenditures based on social services district claims for additional federal reimbursements submitted in accordance with section one hundred thirty-one-g of the social services law and identified by the commissioner of social services as federal revenue maximization claims submitted on behalf of a city or county department or social services district. Moneys shall be paid out of the fund on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of social services and the director of the budget.
4. Notwithstanding any other provision of law to the contrary, any federal revenues received by the state based on federal revenue maximization contractor activities which reimburse social services districts for activities which have been or will be subject to state reimbursement shall be proportionately reduced by the amount of state reimbursement received by the social services district or, as determined by the commissioner of social services and the director of the budget, by any other city or county agency.
5. Moneys in the federal revenue maximization contract fund shall be kept separate and shall not be commingled with any moneys in the custody of the comptroller. Further, the comptroller shall establish within the federal revenue maximization contract fund a revenue maximization contractor account and a local maximization account.
6. Upon the identification, by the director of the budget, of moneys resulting from federal revenue maximization activities conducted by the department of social services, the comptroller shall apportion the monies as follows:
(a) The first portion shall be deposited to the revenue maximization contractor account, pursuant to the provisions of the applicable contract with the department of social services or a social services district. The director of the budget shall review and approve or disapprove the amounts to be so deposited.
(b) The second portion shall be deposited to the local maximization account, in amounts to be determined by the director of the budget in consultation with the department of social services and any other state department or agency, as necessary.
(c) Remaining moneys shall be deposited to the contingency reserve fund.
7. Payments to a contractor of a department of social services, or a social services district, who was engaged in revenue maximization activities generating reimbursement specified for deposit in the federal revenue maximization fund pursuant to subdivision three of this section, shall be made only from the revenue maximization account.
Last modified: February 3, 2019