ยง29-24ย  Interagency federal revenuemaximization revolving fund.ย  (a)ย  There is established in the statetreasury an interagency federal revenue maximization revolving fund, into whichshall be deposited all funds and proceeds collected from the federal governmentand third-party payers for costs not previously claimed by the State, with theexception of proceeds collected for services provided by the Hawaii healthsystems corporation or its regional system boards, for reimbursement offederally-funded state programs.ย  For purposes of this chapter,federally-funded state programs include but shall not be limited to thosefederally-funded programs within the departments of human services and health,and shall not include the federally-funded program within the department ofeducation as provided in section 302A-1406.ย  Expenditures and transfers fromthe fund shall be made by the comptroller in proportional allocationsestablished by the comptroller and the director of finance.ย  Transfers shall bemade to the department claiming the reimbursement for expenses incurred relatedto federal fund reimbursement claims and to the general fund of the State.ย Moneys in the fund may be expended for consultant services rendered undersubsection (b).

(b)ย  Notwithstanding any other law to thecontrary, the comptroller, by contract, may retain the services of certifiedpublic accountants and other consultants to pursue and collect federal fundreimbursements, and perform other duties necessary to administer this section.ย At the option of the comptroller, consultants retained by contract under thissubsection may be compensated on:

(1)ย  A fixed-price basis;

(2)ย  An hourly rate basis with or without a fixed cap;or

(3)ย  Through a contingent fee arrangement specified inthe contract.

Such compensation shall be payable out of all sumsthe consultant recovers for the State.

(c)ย  No later than twenty days prior to theconvening of each regular session of the legislature, the comptroller shallsubmit to the legislature a report including the following information:

(1)ย  Itemized amounts of all federal reimbursements;

(2)ย  Description and amounts of all expenses incurredby the fund;

(3)ย  Method of compensation and amounts ofcompensation for all certified public accountants and other consultantsretained by the comptroller to pursue and collect federal fund reimbursementsand perform other duties necessary to administer this section;

(4)ย  Method of determining allocation of funds;

(5)ย  Amounts allocated by the comptroller; and

(6)ย  Fund balances. [L Sp 1995, c 11, ยงยง2, 15(3); am L1996, c 177, ยง1; am L 1997, c 191, ยง1; am L 1999, c 160, ยงยง27, 28; am L 2000, c18, ยง3; am L 2006, c 244, ยง3; am L 2007, c 290, ยง6]

 

Cross References

 

ย  Federal reimbursement maximization special fund, see ยง353C-7.