Assembly Bill A7993B

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A7993 - Details

See Senate Version of this Bill:
S5739
Current Committee:
Assembly Ways And Means
Law Section:
Public Health Law
Laws Affected:
Amd §2808, Pub Health L

2015-A7993 - Summary

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

2015-A7993 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7993

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Health

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:

  Section  1.  Paragraph  (d)  of subdivision 2-a of section 2808 of the
public health law, as amended by section 52 of part B of chapter  57  of
the laws of 2015, is amended to read as follows:
  (d)  For  facilities  granted operating certificates on or after March
tenth, nineteen hundred seventy-five, recognition of real property costs
in such regulations shall be based upon historical costs to the owner of
the facility, provided that payment for real property costs shall not be
in excess of the actual debt service, including principal and  interest,
and  payment  with respect to owner's equity, and further provided that,
subject to federal financial participation, and subject to the  approval
of  the  commissioner,  effective April first, two thousand fifteen, the
commissioner may modify  such  payments  for  real  property  costs  for
purposes  of  effectuating  a shared savings program, whereby facilities
share a minimum of fifty percent of savings, for facilities  that  elect
to  refinance  their  mortgage  loans. For purposes of this subdivision,
owner's equity shall be calculated without regard to any surplus created
by revaluation of assets and shall not include  amounts  resulting  from
mortgage  amortization  where  the payment therefor has been provided by
real property cost reimbursement; PROVIDED, HOWEVER,  AS  USED  IN  THIS
SUBDIVISION  THE  TERMS  "HISTORICAL  COSTS"  AND "OWNER'S EQUITY" SHALL
INCLUDE THE FULL REVALUATION OF THE ASSETS OF A FACILITY  PURCHASED  AND
TRANSFERRED IMMEDIATELY FOLLOWING THE OPERATION OF SUCH FACILITY UNDER A
COURT-ORDERED RECEIVERSHIP, BUT ONLY IF:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11453-01-5

2015-A7993A - Details

See Senate Version of this Bill:
S5739
Current Committee:
Assembly Ways And Means
Law Section:
Public Health Law
Laws Affected:
Amd §2808, Pub Health L

2015-A7993A - Summary

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

2015-A7993A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7993--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee  on  Health  -- reported and referred to the Committee on Ways and
  Means -- 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:

  Section  1.  Paragraph  (d)  of subdivision 2-a of section 2808 of the
public health law, as amended by section 52 of part B of chapter  57  of
the laws of 2015, is amended to read as follows:
  (d)  For  facilities  granted operating certificates on or after March
tenth, nineteen hundred seventy-five, recognition of real property costs
in such regulations shall be based upon historical costs to the owner of
the facility, provided that payment for real property costs shall not be
in excess of the actual debt service, including principal and  interest,
and  payment  with respect to owner's equity, and further provided that,
subject to federal financial participation, and subject to the  approval
of  the  commissioner,  effective April first, two thousand fifteen, the
commissioner may modify  such  payments  for  real  property  costs  for
purposes  of  effectuating  a shared savings program, whereby facilities
share a minimum of fifty percent of savings, for facilities  that  elect
to  refinance  their  mortgage  loans. For purposes of this subdivision,
owner's equity shall be calculated without regard to any surplus created
by revaluation of assets and shall not include  amounts  resulting  from
mortgage  amortization  where  the payment therefor has been provided by
real property cost reimbursement; PROVIDED, HOWEVER,  AS  USED  IN  THIS
SUBDIVISION  THE  TERMS  "HISTORICAL  COSTS"  AND "OWNER'S EQUITY" SHALL
INCLUDE THE FULL REVALUATION OF THE ASSETS OF A FACILITY  PURCHASED  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11453-04-5

2015-A7993B (ACTIVE) - Details

See Senate Version of this Bill:
S5739
Current Committee:
Assembly Ways And Means
Law Section:
Public Health Law
Laws Affected:
Amd §2808, Pub Health L

2015-A7993B (ACTIVE) - Summary

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

2015-A7993B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7993--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee  on  Health  -- reported and referred to the Committee on Ways and
  Means -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Health in accordance with Assembly  Rule  3,  sec.  2  --
  reported  and referred to the Committee on Ways and Means -- 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:

  Section 1. Paragraph (d) of subdivision 2-a of  section  2808  of  the
public  health  law, as amended by section 52 of part B of chapter 57 of
the laws of 2015, is amended to read as follows:
  (d) For facilities granted operating certificates on  or  after  March
tenth, nineteen hundred seventy-five, recognition of real property costs
in such regulations shall be based upon historical costs to the owner of
the facility, provided that payment for real property costs shall not be
in  excess of the actual debt service, including principal and interest,
and payment with respect to owner's equity, and further  provided  that,
subject  to federal financial participation, and subject to the approval
of the commissioner, effective April first, two  thousand  fifteen,  the
commissioner  may  modify  such  payments  for  real  property costs for
purposes of effectuating a shared savings  program,  whereby  facilities
share  a  minimum of fifty percent of savings, for facilities that elect
to refinance their mortgage loans. For  purposes  of  this  subdivision,
owner's equity shall be calculated without regard to any surplus created
by  revaluation  of  assets and shall not include amounts resulting from
mortgage amortization where the payment therefor has  been  provided  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11453-07-6

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