Bill Text: NY S05739 | 2015-2016 | General Assembly | Amended


Bill Title: Provides for the rate of payment for certain residential health care facilities which are in receivership and have agreed to improve their facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-02-11 - PRINT NUMBER 5739B [S05739 Detail]

Download: New_York-2015-S05739-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5739--B
                               2015-2016 Regular Sessions
                    IN SENATE
                                      June 1, 2015
                                       ___________
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Health in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the public health law, in relation to rates of payment
          to residential health care facilities based on the historical costs to
          the owner
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (d)  of subdivision 2-a of section 2808 of the
     2  public health law, as amended by section 52 of part B of chapter  57  of
     3  the laws of 2015, is amended to read as follows:
     4    (d)  For  facilities  granted operating certificates on or after March
     5  tenth, nineteen hundred seventy-five, recognition of real property costs
     6  in such regulations shall be based upon historical costs to the owner of
     7  the facility, provided that payment for real property costs shall not be
     8  in excess of the actual debt service, including principal and  interest,
     9  and  payment  with respect to owner's equity, and further provided that,
    10  subject to federal financial participation, and subject to the  approval
    11  of  the  commissioner,  effective April first, two thousand fifteen, the
    12  commissioner may modify  such  payments  for  real  property  costs  for
    13  purposes  of  effectuating  a shared savings program, whereby facilities
    14  share a minimum of fifty percent of savings, for facilities  that  elect
    15  to  refinance  their  mortgage  loans. For purposes of this subdivision,
    16  owner's equity shall be calculated without regard to any surplus created
    17  by revaluation of assets and shall not include  amounts  resulting  from
    18  mortgage  amortization  where  the payment therefor has been provided by
    19  real property cost reimbursement; provided, however,  as  used  in  this
    20  subdivision  the  terms  "historical  costs"  and "owner's equity" shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11453-06-6
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