§ 2852. Definitions. As used in this article the following words and
phrases shall have the following meanings unless a different meaning is
plainly required by the context:

1. "Commissioner". The commissioner of health of the state of New
York.

2. "Company." "Nursing home company." A non-profit nursing home
company, duly incorporated pursuant to the provisions of the
not-for-profit corporation law and this article, or a limited-profit
nursing home company duly incorporated pursuant to the provisions of
this article for the purpose of providing nursing home accommodations,
including board and nursing care by or under the supervision of a duly
licensed physician to sick, invalid, infirm, disabled or convalescent
persons of low income or of providing health-related service as defined
in article twenty-eight of this chapter to persons of low income, or any
combination of the foregoing, and in addition thereto, of providing
nursing care and health-related service, or either of them, to persons
of low income who are not occupants of the project, and such other
facilities as may be deemed by the commissioner to be incidental and
appurtenant thereto.

3. "Project." "Nursing home project." A specific work or improvement,
including lands, buildings, improvements, fixtures and articles of
personal property, acquired, constructed, rehabilitated, managed, owned
or operated by a company pursuant to this article to provide nursing
home accommodations, including board and nursing care by or under the
supervision of a duly licensed physician to sick, invalid, infirm,
disabled or convalescent persons of low income or of providing
health-related service as defined in article twenty-eight of this
chapter to persons of low income, or any combination of the foregoing,
or such care or service and hospital service, and in addition thereto of
providing nursing care and health-related service, or either of them, or
such care and service and hospital service, to persons of low income who
are not occupants of the project, and such other facilities as may be
deemed by the commissioner to be incidental and appurtenant thereto.

4. "Project cost". "Nursing home project cost". The sum total of all
costs incurred by a company as approved by the commissioner as
reasonable and necessary for carrying out all works and undertakings and
providing all necessary equipment for the development of a project less
any portion of any state, federal or municipal assistance grant as the
commissioner shall, prior to the making of a loan by the New York state
housing finance agency or the New York state medical care facilities
finance agency, as the case may be, to a company, determine to be
available to reimburse the company for the payment of such project costs
prior to the initial occupancy of the project. These shall include but
are not necessarily limited to the carrying charges during construction
or rehabilitation up to and including the occupancy date, working
capital not exceeding three per centum of the estimated total cost or
three per centum of the actual total final cost, whichever is larger,
the cost of all necessary studies, surveys, plans and specifications,
architectural, engineering, legal or other special services, the cost of
acquisition of land and any buildings and improvements thereon, site
preparation and development, construction, reconstruction and equipment,
including fixtures, equipment, and articles of personal property
required for the operation of lodging, board, medical and nursing
treatment facilities, the reasonable cost of financing incurred by the
company in the course of the development of the project, up to and
including the occupancy date, the fees imposed by the commissioner and
by the New York state housing finance agency or the New York state
medical care facilities finance agency, as the case may be; other fees
charged, and necessary expenses incurred in connection with the initial
occupancy of the project, and the cost of such other items as the
commissioner may determine to be reasonable and necessary for the
development of a project, less any and all rents and other net revenues
from the operation of the real property, improvements or personal
property on the project site, or any part thereof, by the company on and
after the date on which the contract between the company and the New
York state housing finance agency or the New York state medical care
facilities finance agency, as the case may be, was entered into and
prior to the occupancy date.

5. "Occupancy date". The date defined in the document providing for a
loan between a company and the New York state housing finance agency or
the New York state medical care facilities finance agency, as the case
may be.

6. "Loan". As used in this article, a loan shall mean either a
mortgage loan or a project loan, each as defined in the New York state
medical care facilities finance agency act, made by the agency to a
nursing home company, as defined in the New York state medical care
facilities finance agency act.