HLT-20-09-00001-P Poison Control Distributions - Rollover of Unexpended Funds

5/20/09 N.Y. St. Reg. HLT-20-09-00001-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 20

May 20, 2009

RULE MAKING ACTIVITIES

DEPARTMENT OF HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. HLT-20-09-00001-P

Poison Control Distributions - Rollover of Unexpended Funds

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal section 68.6(e) of Title 10 NYCRR.

Statutory authority:

Public Health Law, sections 2500-d, 2807-j and 2807-l

Subject:

Poison Control Distributions - Rollover of Unexpended Funds.

Purpose:

Eliminates the rollover to the subsequent calendar year of unexpended HCRA Resources funds allocated for a given calendar year.

Text of proposed rule:

Subdivision (e) of Section 68.6 is repealed.

Text of proposed rule and any required statements and analyses may be obtained from:

Katherine Ceroalo, DOH, Bureau of House Counsel, Regulatory Affairs Unit, Room 2438, ESP, Tower Building, Albany, NY 12237, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

Statutory Authority:

The statutory authority for the regulation is contained in sections 2500-d(7), 2807-j, and 2807-l of the Public Health Law (PHL) which authorizes the commissioner to make distributions from the Health Care Initiative (HCI) Pool to the Poison Control Centers. The proposed amendment repeals a provision that is no longer permitted due to a revision to State Finance Law (SFL) that became effective April 1, 2005.

Basis:

The proposed regulation repeals an obsolete provision of the Department’s poison control center HCI Pool distribution regulation set forth in section 68.6 of Title 10 NYCRR. The repealed provision is obsolete due to a change in SFL enacted under Chapter 58 of the Laws of 2005 that requires disbursements to HCRA programs to be made in accordance with state fiscal year appropriations as enacted by the legislature.

PHL section 2807-j(9)(b) created the Health Care Initiatives (HCI) Pool to help fund special initiatives including support to the statewide network of regional poison control centers. Under PHL section 2500-d(7), the commissioner is authorized to make grants to the regional poison control centers to assist them with meeting operational costs related to providing poison control consultation to health care professionals and the public. Pursuant to the PHL section 2807-l(1)(c)(iv), the commissioner is further authorized to make distributions from the HCI pool to the poison control centers up to the amounts specified for the given calendar year. Under the current regulation set forth in 68.6(e), any funds allocated to the regional poison control centers for a given calendar year that remain unexpended are to be rolled over to next subsequent calendar year to be made available for distribution in accordance with the methodology defined in subdivision (a) of section 68.6.

However, Chapter 58 of the Laws of 2005 amended SFL by adding a new section 92-dd to Article 6 that established a fund in the joint custody of the comptroller and the Department known as the Health Care Reform Act (HCRA) Resources Fund. This HCRA Resources Fund is composed of, in part, the HCRA program account which includes the HCI Pool. Effective on and after April 1, 2005, section 92-dd requires that disbursements from the HCRA Resources Fund to any HCRA program must be made in accordance with appropriations enacted by the legislature. Accordingly, the HCI Pool grant distributions to the poison control centers must be made in accordance with SFL section 40(2)(a), which outlines the period for which appropriations are to be made, and section 40(3)(b), which provides a lapse date for use of all aid to localities appropriations including special revenue funds such as the HCRA Resources Fund.

Accordingly, the rollover of unexpended HCRA funds allocated to the poison control centers for a given calendar year to the next subsequent calendar year, as currently provided for in 68.6(e), is no longer permitted. Such unused funds must lapse at the end of each fiscal year as provided for in SFL section 40(2)(a) and section 40(3)(b).

Job Impact Statement

A Job Impact Statement is not required pursuant to Section 201-a(2)(a) of the State Administrative Procedures act since it is apparent, from the nature and purpose of the proposed rule, that it will not have a substantial adverse impact on jobs or employment opportunities. The proposed regulation serves only to eliminate the rollover of poison control center HCRA program funds allocated for a given calendar year to the funds available for disbursement for the subsequent calendar year. State Finance Law as amended by Chapter 58 of the Laws of 2005 requires such unexpended funds to lapse at the end of each fiscal year.