New York Laws
Title 4 - Roswell Park Cancer Institute Corporation Act
3573 - Moneys Received; Department of Health.

§ 3573. Moneys received; department of health. Notwithstanding any
provision of this article or any other provision of law to the contrary,
so long as bonds issued by the dormitory authority to finance facilities
for the department of health of the state of New York remain outstanding
as defined in the bond resolution under which such bonds were issued,
the following provisions shall be applicable:

1. All moneys derived or resulting from the care, maintenance and
treatment of patients at Roswell Park Cancer Institute or any other
health facility owned or operated by the corporation or a subsidiary
thereof, together with moneys received from fees, including parking
fees, refunds, reimbursements, sales of property and miscellaneous
receipts of the corporation or its subsidiaries attributable to Roswell
Park Cancer Institute and other revenues of the corporation or its
subsidiaries (other than gifts, grants, bequests and moneys received
under research contracts, and clinical practice income received pursuant
to a clinical practice plan established pursuant to subdivision fourteen
of section two hundred six of the public health law) and any other net
revenues received by the corporation from any of its subsidiaries or
other entities shall be moneys of the department of health, whether
collected or received by such corporation or any of its subsidiaries,
and shall be paid into the health income fund as required by section
four hundred nine of the public health law. Such corporation or any
subsidiary created hereunder shall receive any moneys of the department
of health described herein as agent of the department of health and
shall pay such moneys to the commissioner for deposit into the health
income fund.

2. Neither the corporation nor any subsidiary thereof shall create or
permit to be created any pledge, assignment, encumbrance or security
interest in any moneys of the department of health required to be
deposited or maintained in the department of health income fund pursuant
to section four hundred nine of the public health law or any agreement
between the department of health and the dormitory authority, including
investments and proceeds thereof, or the right of the department of
health to receive or collect the same.

3. The state shall not give, grant, sell or convey, loan, license the
use of or lease any property to the corporation or any subsidiary
thereof except in compliance with the terms of any lease, sublease or
other agreement between the dormitory authority and the department of
health of the state of New York.

4. Neither the corporation nor any subsidiary thereof shall take any
action, or suffer any action to be taken, which would adversely affect
the exclusion of interest on any of the bonds issued by the dormitory
authority to finance facilities for the department of health of the
state of New York from gross income for purposes of federal income
taxation. The department of health shall provide oversight of the
corporation's adherence to this subdivision as more fully described in
the agreement set forth in subdivision two of section four hundred three
of the public health law.

5. No power conferred upon the corporation or any subsidiary thereof
by this article or any other provision of law shall be exercised in a
manner that is inconsistent with the terms of any lease, sublease or
other agreement between the dormitory authority and the department of
health of the state of New York.

6. No lien granted by the corporation or any subsidiary thereof
pursuant to this title shall give any lienor the right to compel the
sale of any health facility which is currently owned by the state or the
dormitory authority and which comprises the Roswell Park Cancer
Institute.