71-7611 Nebraska Health Care Cash Fund; created; use; investment.
71-7611. Nebraska Health Care Cash Fund; created; use; investment.(1) The Nebraska Health Care Cash Fund is created. The State Treasurer shall transfer (a) fifty-six million one hundred thousand dollars no later than July 15, 2009, and (b) fifty-nine million one hundred thousand dollars beginning July 15, 2010, and annually thereafter no later than July 15 from the Nebraska Medicaid Intergovernmental Trust Fund and the Nebraska Tobacco Settlement Trust Fund to the Nebraska Health Care Cash Fund, except that such amount shall be reduced by the amount of the unobligated balance in the Nebraska Health Care Cash Fund at the time the transfer is made. The state investment officer upon consultation with the Nebraska Investment Council shall advise the State Treasurer on the amounts to be transferred from the Nebraska Medicaid Intergovernmental Trust Fund and from the Nebraska Tobacco Settlement Trust Fund under this section in order to sustain such transfers in perpetuity. The state investment officer shall report to the Legislature on or before October 1 of every even-numbered year on the sustainability of such transfers. Except as otherwise provided by law, no more than the amount specified in this subsection may be appropriated or transferred from the Nebraska Health Care Cash Fund in any fiscal year.(2) Any money in the Nebraska Health Care Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.(3) One million dollars in the Nebraska Health Care Cash Fund shall be transferred each year to the Autism Treatment Program Cash Fund for five fiscal years beginning on a date determined by the Department of Health and Human Services but no later than ninety days after a waiver under section 68-966 has been approved and shall be distributed with matching private funds from the Autism Treatment Program Cash Fund and matching funds from Title XIX of the federal Social Security Act in each fiscal year as follows: (a) First, to the Department of Health and Human Services for costs related to application, implementation, and administration of a waiver pursuant to section 68-966; (b) second, to the department for other medical costs for children who would not otherwise qualify for medicaid except for the waiver; and (c) third, the balance to fund services pursuant to the waiver.(4) The University of Nebraska and postsecondary educational institutions having colleges of medicine in Nebraska and their affiliated research hospitals in Nebraska, as a condition of receiving any funds appropriated or transferred from the Nebraska Health Care Cash Fund, shall not discriminate against any person on the basis of sexual orientation.(5) The State Treasurer shall transfer two hundred thousand dollars from the Nebraska Health Care Cash Fund to the University of Nebraska Medical Center Cash Fund for the Nebraska Regional Poison Center within fifteen days after each July 1.(6) Beginning on July 1, 2010, the State Treasurer shall transfer three million dollars annually no later than July 15 of each year from the Nebraska Health Care Cash Fund to the Tobacco Prevention and Control Cash Fund.(7) The State Treasurer shall transfer five hundred thousand dollars annually no later than July 15 of each year from the Nebraska Health Care Cash Fund to the Stem Cell Research Cash Fund. SourceLaws 1998, LB 1070, § 7; Laws 2000, LB 1427, § 9; Laws 2001, LB 692, § 18; Laws 2003, LB 412, § 8; Laws 2004, LB 1091, § 7; Laws 2005, LB 426, § 12; Laws 2007, LB322, § 19; Laws 2007, LB482, § 6; Laws 2008, LB480, § 2; Laws 2008, LB830, § 9; Laws 2008, LB961, § 5; Laws 2009, LB27, § 7; Laws 2009, LB316, § 19.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB27, section 7, with LB316, section 19, to reflect all amendments.Note: Changes made by LB316 became effective May 20, 2009. Changes made by LB27 became effective May 27, 2009. Cross ReferencesAutism Treatment Program Act, see section 68-962.Nebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.