NY State Assembly Bill 2013-A9021D

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2014	signed chap.445
Nov 10, 2014	delivered to governor
Jun 20, 2014	returned to assembly passed senate 3rd reading cal.1675 substituted for s7387a
Jun 19, 2014	referred to rules delivered to senate passed assembly ordered to third reading rules cal.465 rules report cal.465
Jun 18, 2014	reported reported referred to rules
Jun 17, 2014	held for consideration in ways and means
Jun 16, 2014	print number 9021d
Jun 16, 2014	amend and recommit to ways and means
Jun 12, 2014	print number 9021c
Jun 12, 2014	amend and recommit to ways and means
May 28, 2014	reported referred to ways and means
May 13, 2014	print number 9021b
May 13, 2014	amend (t) and recommit to health
Apr 01, 2014	print number 9021a
Apr 01, 2014	amend and recommit to health
Mar 07, 2014	referred to health

2013-A9021 - Details

See Senate Version of this Bill:: S7387
Law Section:: Public Health Law
Laws Affected:: Amd §2872, add §2874-b, Pub Health L; amd §§3 & 5, add §7-c, NYS Med Care Fac Fin Ag Act; amd §12, Chap 934 of 1985

2013-A9021 - Summary

Relates to the refinancing of outstanding indebtedness of certain not-for-profit hospitals.

2013-A9021 - Bill Text download pdf

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

                                  9021

                          I N  A S S E M B L Y

                              March 7, 2014
                               ___________

Introduced by M. of A. DAVILA -- read once and referred to the Committee
  on Health

AN  ACT  to  amend  the public health law and the New York state medical
  care facilities finance agency act, in relation to providing  for  the
  refinancing  of  outstanding  indebtedness  of, and additional secured
  borrowing by, certain not-for-profit hospitals; to amend  chapter  934
  of  the  laws of 1985, amending the public health law and the New York
  state medical care facilities finance agency act relating to authoriz-
  ing issuance of special hospital project bonds on  behalf  of  certain
  secured hospital borrowers to assist in providing adequate health care
  to low income persons, in relation to extending the provisions of such
  chapter; and providing for the repeal of certain provisions upon expi-
  ration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2872 of the public health law is amended by  adding
a new subdivision 3-b to read as follows:
  3-B.  "ELIGIBLE SECURED HOSPITAL BORROWER".  A NOT-FOR-PROFIT HOSPITAL
CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE, WHICH  HAS  FINANCED
OR  REFINANCED  A  PROJECT  OR  PROJECTS  PURSUANT TO THE FORMER SECTION
SEVEN-A OF SECTION ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF  THE  LAWS
OF  NINETEEN  HUNDRED  SEVENTY-THREE  CONSTITUTING  THE  NEW  YORK STATE
MEDICAL CARE FACILITIES FINANCE AGENCY ACT, AND FOR WHICH SPECIAL HOSPI-
TAL PROJECT BONDS, AS DEFINED IN FORMER  PARAGRAPH  (D)  OF  SUBDIVISION
THREE  OF  SECTION  THREE  OF  SECTION  ONE  OF  CHAPTER  THREE  HUNDRED
NINETY-TWO  OF  THE  LAWS  OF  NINETEEN  HUNDRED  SEVENTY-THREE,  REMAIN
OUTSTANDING.
  S  2.  The public health law is amended by adding a new section 2874-b
to read as follows:
  S 2874-B. REFINANCING MORTGAGE  LOANS  TO  ELIGIBLE  SECURED  HOSPITAL
BORROWERS.  ELIGIBLE  SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVI-
SION THREE-B OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-TWO OF  THIS  ARTI-
CLE,  SHALL  BE  AUTHORIZED TO REFINANCE ANY MORTGAGE LOAN FINANCED WITH
THE  PROCEEDS  OF  SPECIAL  HOSPITAL  PROJECT  BONDS,  WHICH  LOANS  ARE

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

                                                           LBD14319-01-4

A. 9021                             2

OUTSTANDING  AS  OF THE EFFECTIVE DATE OF THIS SECTION.  A MORTGAGE LOAN
TO AN ELIGIBLE SECURED HOSPITAL  BORROWER,  AS  DEFINED  IN  SUBDIVISION
THREE-B  OF  SECTION  TWENTY-EIGHT  HUNDRED SEVENTY-TWO OF THIS ARTICLE,
MADE  BY  THE  MEDICAL CARE FACILITIES FINANCE AGENCY, AND ANY SUCCESSOR
THERETO, MAY BE FINANCED OR REFINANCED FOR A TERM NOT  LONGER  THAN  THE
TERM  APPROVED  BY  THE  COMMISSIONER PURSUANT TO THIS SECTION OR IF THE
BONDS ISSUED TO FINANCE SUCH MORTGAGE  LOAN  ARE  ISSUED  AS  TAX-EXEMPT
BONDS,  SUCH SHORTER TERM AS IS NECESSARY TO ASSURE THAT THE INTEREST ON
BONDS ISSUED TO FINANCE OR REFINANCE THE MORTGAGE LOAN WILL BE  EXCLUDA-
BLE  FROM  THE  GROSS  INCOME  OF  THE  HOLDERS  THEREOF FOR FEDERAL TAX
PURPOSES, PROVIDED THAT IN NO EVENT SHALL THE TERM OF  SUCH  REFINANCING
LOAN  EXCEED THIRTY YEARS FROM THE DATE OF THE ISSUANCE OF THE REFUNDING
BONDS AND SHALL INCLUDE ALL COSTS ASSOCIATED WITH THE FINANCING OR REFI-
NANCING OF INDEBTEDNESS. ALL FINANCING OR  REFINANCING  APPLICATIONS  BY
ELIGIBLE  SECURED  HOSPITAL  BORROWERS SHALL BE APPROVED BY THE ELIGIBLE
SECURED HOSPITAL BORROWER'S BOARD AND THE COMMISSIONER.  SUCH  FINANCING
OR REFINANCING APPLICATIONS SHALL INCLUDE ANALYTICAL EVIDENCE SUFFICIENT
TO  DEMONSTRATE  THAT  THE  PROPOSED  FINANCING  OR REFINANCING IS BEING
UNDERTAKEN FOR SOUND BUSINESS PURPOSES AND IN FURTHERANCE OF MAINTAINING
OR IMPROVING THE FINANCIAL CONDITION OF THE HOSPITAL. SUCH EVIDENCE  MAY
INCLUDE  BUT  IS NOT LIMITED TO:  PRESENT VALUE ANALYSIS OF DEBT SERVICE
PAYMENTS, INCLUDING WHERE APPLICABLE, PRESENT VALUE ANALYSIS THAT SEGRE-
GATES DEBT SERVICE PAYMENTS BETWEEN PRINCIPAL AND  INTEREST  COMPONENTS;
FINANCIAL  PRO FORMAS THAT PROJECT THE BORROWER'S REVENUES, EXPENSES AND
FINANCIAL POSITION FOR A PERIOD DETERMINED BY THE COMMISSIONER;  OR  ANY
OTHER ANALYSIS OR INFORMATION THE COMMISSIONER DEEMS NECESSARY TO EVALU-
ATE  THE APPLICATION AND TO ASSESS THE FINANCIAL ABILITY OF THE ELIGIBLE
SECURED HOSPITAL BORROWER TO REPAY THE MORTGAGE LOAN  ACCORDING  TO  ITS
TERMS.  AS  A  CONDITION  OF SUCH PRIOR APPROVAL, THE COMMISSIONER SHALL
APPROVE THE PRINCIPAL AMOUNT OF THE FINANCING OR REFINANCING LOAN IN THE
AMOUNT PROVIDED IN SECTION TWELVE-A OF SECTION THREE OF SECTION  ONE  OF
CHAPTER  THREE HUNDRED NINETY-TWO OF THE LAWS OF NINETEEN HUNDRED SEVEN-
TY-THREE, AS AMENDED, PROVIDED THAT SUCH AMOUNT MAY BE REDUCED  ONLY  TO
THE  EXTENT THAT GRANT FUNDING IS MADE AVAILABLE TO THE ELIGIBLE SECURED
HOSPITAL BORROWERS THROUGH HEAL NY OR OTHER PROGRAMS TO FINANCE EMERGEN-
CY ROOM OR OTHER MAJOR CAPITAL PROJECTS OR OTHER  USES  PERMITTED  UNDER
THIS  SECTION,  AS  PROPOSED  BY THE ELIGIBLE HOSPITAL BORROWER, AND THE
MAXIMUM TERM THEREOF, AND SHALL REQUIRE THE  ELIGIBLE  SECURED  HOSPITAL
BORROWER TO GIVE THE DEPARTMENT A WRITTEN UNDERTAKING, ACCEPTABLE TO THE
COMMISSIONER,  THAT IT WILL NOT CLAIM ADDITIONAL REIMBURSEMENT UNDER THE
MEDICAL ASSISTANCE PROGRAM AS ESTABLISHED UNDER TITLE ELEVEN OF  ARTICLE
FIVE  OF THE SOCIAL SERVICES LAW DUE TO INTEREST PAYMENTS ON REFINANCING
INDEBTEDNESS.  ANY  SUCH  ADDITIONAL  INTEREST  PAYMENTS  ON  REFINANCED
INDEBTEDNESS COVERED BY SUCH WRITTEN UNDERTAKING SHALL NOT BE CONSIDERED
AS ALLOWABLE COSTS UNDER THE MEDICAL ASSISTANCE PROGRAM AND SHALL NOT BE
INCLUDED IN REIMBURSEMENT RATES OF PAYMENT UNDER ARTICLE TWENTY-EIGHT OF
THIS CHAPTER.
  S  3.  Subdivision  3  of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act, is amended by adding a new paragraph (d-1) to read
as follows:
  (D-1) "SPECIAL HOSPITAL PROJECT BONDS" SHALL MEAN TAXABLE  OR  TAX-EX-
EMPT  BONDS  ISSUED  PURSUANT  TO  SECTION  SEVEN-C  OF THIS ACT FOR THE
PURPOSE OF REFINANCING OUTSTANDING MORTGAGE LOANS  OF  ELIGIBLE  SECURED
HOSPITAL  BORROWERS,  AS  DEFINED  IN SUBDIVISION SIX-C OF THIS SECTION,
PURSUANT TO THIS ACT.

A. 9021                             3

  S 4. Section 3 of section 1 of  chapter  392  of  the  laws  of  1973,
constituting  the  New York state medical care facilities finance agency
act, is amended by adding a new subdivision 6-c to read as follows:
  6-C.  "ELIGIBLE SECURED HOSPITAL BORROWER" SHALL MEAN A NOT-FOR-PROFIT
HOSPITAL CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE,  WHICH  HAS
FINANCED  OR REFINANCED A PROJECT OR PROJECTS PURSUANT TO FORMER SECTION
SEVEN-A OF THIS ACT, AND FOR WHICH SPECIAL HOSPITAL  PROJECT  BONDS,  AS
DEFINED  IN  FORMER  PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION,
REMAIN OUTSTANDING.
  S 5. Subdivision 10 of section 3 of section 1 of chapter  392  of  the
laws  of  1973,  constituting the New York state medical care facilities
finance agency act, as amended by chapter 803 of the laws  of  1984,  is
amended to read as follows:
  10.  "Hospital  project"  shall mean a specific work or improvement or
the refinancing of existing indebtedness which  constitutes  a  lien  or
encumbrance  upon  the real property or assets of the eligible borrower,
OR THE REFINANCING OF  EXISTING  INDEBTEDNESS  OF  AN  ELIGIBLE  SECURED
HOSPITAL  BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF THIS SECTION, FOR
WHICH SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN FORMER PARAGRAPH (D)
OF SUBDIVISION THREE OF THIS SECTION, REMAIN OUTSTANDING whether or  not
such refinancing is related to the construction, acquisition or rehabil-
itation  of  a  specified work or improvement undertaken by a non-profit
hospital corporation or a non-profit medical  corporation,  constituting
an  eligible borrower in accordance with the provisions of article twen-
ty-eight-B of the public health law.   THE TERM  "HOSPITAL  PROJECT"  AS
USED  IN THIS SUBDIVISION SHALL ALSO MEAN A SEPARATE WORK OR IMPROVEMENT
OWNED AND OPERATED BY AN ELIGIBLE BORROWER  TO  PROVIDE  SUCH  SERVICES,
FUNCTIONS, CAPABILITIES AND FACILITIES AS MAY BE CONVENIENT OR DESIRABLE
FOR  THE OPERATION OF A HOSPITAL OR OTHER SUCH FACILITY INCLUDING HOSPI-
TAL PROJECTS, AS DEFINED IN SUBDIVISION  FOUR  OF  SECTION  TWENTY-EIGHT
HUNDRED SEVENTY-TWO OF THE PUBLIC HEALTH LAW.
  S  6.  Subdivision  12 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 156 of the laws of 1974, is
amended to read as follows:
  12. "Mortgage loan" shall mean a loan made by the agency to an  eligi-
ble  borrower in an amount not to exceed the total hospital project cost
and secured by a first mortgage lien on the real property of  which  the
hospital  project consists and the personal property attached to or used
in connection with the construction, acquisition, reconstruction,  reha-
bilitation,  improvement or operation of the hospital project. Such loan
may be further secured by such a lien upon other real property owned  by
the  eligible borrower. Notwithstanding the foregoing provisions of this
subdivision or any other provisions of this act  to  the  contrary,  any
personal property may be excluded from the lien of the mortgage provided
(a)  the commissioner [of health] finds that such property is not essen-
tial for the rendition of required hospital services  as  such  term  is
defined  in  article  twenty-eight of the public health law, and (b) the
agency consents to such exclusion.
  The term "mortgage loan" shall also mean and include a  loan  made  by
the  agency to a limited-profit nursing home company in an amount not to
exceed ninety-five [percentum] PER CENTUM of the  nursing  home  project
cost, or to a non-profit nursing home company in an amount not to exceed
the  total  nursing  home  project cost, and secured by a first mortgage
lien on the real property of which the nursing home project consists and
the personal property  attached  to  or  used  in  connection  with  the

A. 9021                             4

construction,  acquisition,  reconstruction, rehabilitation, improvement
or operation of the nursing home project. Notwithstanding the  foregoing
provisions of this subdivision or any other provision of this article to
the contrary, any personal property may be excluded from the lien of the
mortgage  provided  (a) the commissioner finds that such property is not
essential for the nursing home project as such term is defined in  arti-
cle twenty-eight-A of the public health law, and (b) the agency consents
to such exclusion.
  THE TERM "MORTGAGE LOAN" SHALL ALSO MEAN AND INCLUDE A LOAN MADE TO AN
ELIGIBLE  SECURED  HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF
THIS SECTION, TO REFINANCE OUTSTANDING  INDEBTEDNESS  PURSUANT  TO  THIS
ACT.
  S  7.  Section  5  of  section  1  of chapter 392 of the laws of 1973,
constituting the New York state medical care facilities  finance  agency
act, is amended by adding a new subdivision 10-d to read as follows:
  10-D.  TO MAKE MORTGAGE LOANS AND PROJECT LOANS TO NON-PROFIT HOSPITAL
CORPORATIONS AND NON-PROFIT MEDICAL CORPORATIONS  CONSTITUTING  ELIGIBLE
SECURED  HOSPITAL  BORROWERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION
THREE OF THIS ACT, AND TO UNDERTAKE COMMITMENTS TO MAKE ANY  SUCH  MORT-
GAGE LOANS AND PROJECT LOANS;
  S  8.  Section  1 of chapter 392 of the laws of 1973, constituting the
New York state medical care facilities finance agency act, is amended by
adding a new section 7-c to read as follows:
  S 7-C. SECURED HOSPITAL PROJECTS RESERVE FUNDS AND APPROPRIATIONS.  1.
SPECIAL  HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF SUBDI-
VISION THREE OF SECTION THREE OF  THIS  ACT,  ISSUED  TO  REFINANCE  THE
PROJECTS  OF ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVI-
SION SIX-C OF SECTION THREE OF THIS ACT, SHALL BE SECURED BY (A) A MORT-
GAGE LIEN, (B) FUNDS AND ACCOUNTS ESTABLISHED UNDER THE BOND RESOLUTION,
(C) THE SECURED HOSPITAL SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS, (D)
THE SECURED HOSPITAL CAPITAL RESERVE FUND OR FUNDS, AND (E) SUCH SERVICE
CONTRACT OR CONTRACTS ENTERED INTO IN ACCORDANCE WITH THE PROVISIONS  OF
SUBDIVISION FOUR OF THIS SECTION.
  2.  (A)  THE  AGENCY  SHALL  ESTABLISH A SECURED HOSPITAL SPECIAL DEBT
SERVICE RESERVE FUND OR FUNDS AND PAY INTO SUCH  FUND  OR  FUNDS  MONEYS
FROM  THE  SECURED HOSPITAL FUND UP TO AN AMOUNT NOT TO EXCEED AN AMOUNT
NECESSARY TO ENSURE THE REPAYMENT OF PRINCIPAL AND INTEREST DUE  ON  ANY
OUTSTANDING  INDEBTEDNESS ON SPECIAL HOSPITAL PROJECTS BONDS, AS DEFINED
IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  FUNDS DEPOSITED IN SUCH SECURED HOSPITAL SPECIAL DEBT SERVICE  RESERVE
FUND OR FUNDS SHALL BE USED IN THE EVENT THAT AN ELIGIBLE SECURED HOSPI-
TAL  BORROWER,  AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS
ACT, FAILS TO MAKE PAYMENTS IN AN AMOUNT SUFFICIENT TO PAY THE  REQUIRED
DEBT  SERVICE  PAYMENTS ON SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  (B) THE AGENCY SHALL, FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDI-
VISION AND FOR THE SUPPORT OF ELIGIBLE SECURED HOSPITAL  BORROWERS,  PAY
INTO  THE  SECURED HOSPITAL FUND CURRENTLY ESTABLISHED AND MAINTAINED BY
THE AGENCY: (I) ALL FUNDS REQUIRED TO BE PAID  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND REGU-
LATIONS PROMULGATED IN SUCH ARTICLE; (II) ANY MORTGAGE INSURANCE PREMIUM
ASSESSED IN AN AMOUNT FIXED AT THE DISCRETION OF THE  AGENCY,  UPON  THE
ISSUANCE  OF  SPECIAL  HOSPITAL  PROJECT  BONDS, AS DEFINED IN PARAGRAPH
(D-1) OF SUBDIVISION THREE OF SECTION  THREE  OF  THIS  ACT;  (III)  ANY
INCOME OR INTEREST EARNED ON OTHER RESERVE FUNDS WHICH THE AGENCY ELECTS
TO  TRANSFER  TO  THE  SECURED  HOSPITAL FUND; AND (IV) ANY OTHER MONEYS

A. 9021                             5

WHICH MAY BE MADE AVAILABLE TO THE  AGENCY  FROM  ANY  OTHER  SOURCE  OR
SOURCES.  MONEYS  PAID  INTO  THE  SECURED  HOSPITAL  FUND SHALL, IN THE
DISCRETION OF THE AGENCY, BUT SUBJECT TO AGREEMENTS WITH BONDHOLDERS, BE
USED  TO  FUND THE SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS AT A LEVEL
OR LEVELS WHICH MINIMIZE THE NEED FOR USE OF THE CAPITAL RESERVE FUND OR
FUNDS IN THE EVENT OF  THE  FAILURE  OF  AN  ELIGIBLE  SECURED  HOSPITAL
BORROWER,  AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT,
TO MAKE THE REQUIRED DEBT SERVICE PAYMENTS ON SPECIAL  HOSPITAL  PROJECT
BONDS,  AS  DEFINED  IN  PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION
THREE OF THIS ACT.
  (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B)  OF  THIS
SUBDIVISION,  THE STATE HEREBY EXPRESSLY RESERVES THE RIGHT TO MODIFY OR
REPEAL THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  3. THE AGENCY SHALL ESTABLISH A SECURED HOSPITAL CAPITAL RESERVE  FUND
OR  FUNDS  WHICH  SHALL  BE  FUNDED AT AN AMOUNT OR AMOUNTS EQUAL TO THE
LESSER OF EITHER: (A) THE MAXIMUM  AMOUNT  OF  PRINCIPAL,  SINKING  FUND
PAYMENTS  AND INTEREST DUE IN ANY SUCCEEDING YEAR ON OUTSTANDING SPECIAL
HOSPITAL PROJECT BONDS, AS DEFINED IN  PARAGRAPH  (D-1)  OF  SUBDIVISION
THREE  OF SECTION THREE OF THIS ACT, OR (B) THE MAXIMUM AMOUNT TO ENSURE
THAT SUCH BONDS WILL NOT BE CONSIDERED ARBITRAGE BONDS UNDER THE  INTER-
NAL  REVENUE CODE OF 1986, AS AMENDED. THE CAPITAL RESERVE FUND SHALL BE
FUNDED BY THE SALE OF SPECIAL HOSPITAL  PROJECT  BONDS,  AS  DEFINED  IN
PARAGRAPH  (D-1)  OF  SUBDIVISION THREE OF SECTION THREE OF THIS ACT, OR
FROM SUCH OTHER FUNDS AS MAY BE LEGALLY AVAILABLE FOR SUCH  PURPOSE,  AS
PROVIDED FOR IN THE BOND RESOLUTION OR RESOLUTIONS AUTHORIZING THE ISSU-
ANCE OF SUCH BONDS.
  4. (A) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW TO
THE  CONTRARY, AND SUBJECT TO THE MAKING OF ANNUAL APPROPRIATIONS THERE-
FOR BY THE LEGISLATURE IN ORDER TO REFINANCE MORTGAGE LOANS TO  ELIGIBLE
SECURED  HOSPITAL  BORROWERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION
THREE OF THIS ACT, THE DIRECTOR OF THE BUDGET IS AUTHORIZED IN ANY STATE
FISCAL YEAR TO ENTER INTO ONE OR MORE SERVICE CONTRACTS,  WHICH  SERVICE
CONTRACTS  SHALL  NOT  EXCEED  THE  TERM OF THE SPECIAL HOSPITAL PROJECT
BONDS, ISSUED FOR THE BENEFIT OF THE ELIGIBLE SECURED HOSPITAL BORROWER,
UPON SUCH TERMS AS THE DIRECTOR OF THE BUDGET AND THE AGENCY  AGREE,  SO
AS  TO PROVIDE ANNUALLY TO THE AGENCY IN THE AGGREGATE SUCH SUM, IF ANY,
AS NECESSARY TO MEET  THE  DEBT  SERVICE  PAYMENTS  DUE  ON  OUTSTANDING
SPECIAL  HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF SUBDI-
VISION THREE OF SECTION THREE OF THIS ACT, IN  ANY  YEAR  IF  THE  FUNDS
PROVIDED FOR IN THIS SECTION ARE INADEQUATE.
  (B)  ANY  SERVICE  CONTRACT  ENTERED INTO PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION SHALL PROVIDE (I) THAT THE OBLIGATION OF  THE  DIRECTOR
OF  THE  BUDGET  OR  OF  THE STATE TO FUND OR TO PAY THE AMOUNTS THEREIN
PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING
OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED  EXECU-
TORY  ONLY TO THE EXTENT OF MONEYS AVAILABLE AND THAT NO LIABILITY SHALL
BE INCURRED BY THE STATE BEYOND THE MONEYS AVAILABLE FOR  SUCH  PURPOSE,
AND  THAT  SUCH  OBLIGATION  IS  SUBJECT  TO ANNUAL APPROPRIATION BY THE
LEGISLATURE; AND (II) THAT THE AMOUNTS PAID TO THE  AGENCY  PURSUANT  TO
ANY  SUCH  CONTRACT  MAY  BE  USED  BY  IT SOLELY TO PAY OR TO ASSIST IN
FINANCING COSTS OF MORTGAGE LOANS TO ELIGIBLE SECURED  HOSPITAL  BORROW-
ERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT.
  5.  THE  AGENCY  SHALL  NOT  ISSUE  SPECIAL HOSPITAL PROJECT BONDS, AS
DEFINED IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS
ACT, EXCEPT TO REFINANCE MORTGAGE LOANS FOR  ELIGIBLE  SECURED  HOSPITAL
BORROWERS AS PROVIDED IN SECTION THREE OF THIS ACT.

A. 9021                             6

  S  9.  Notwithstanding any other provision of this act: (i) reimburse-
ment for interest on any  indebtedness  hereunder  to  be  paid  by  the
medical  assistance  program  established under title 11 of article 5 of
the social services law shall be subject to the availability of  federal
financial  participation;  and  (ii)  the refinancing of a mortgage loan
pursuant to this act shall not alter, affect or change the component  of
medical  assistance  reimbursement applicable to the depreciation of any
asset or assets.
  S 10. The expiration and repeal of sections one through eight of  this
act  shall  not  affect or impair any bonds or notes issued, or any loan
made to any borrower, pursuant to the provisions of this  act  prior  to
the expiration of these sections.
  S  11.  Section  12  of  chapter 934 of the laws of 1985, amending the
public health law and the New York state medical care facilities finance
agency act relating to authorizing issuance of special hospital  project
bonds  on  behalf  of  certain  secured  hospital borrowers to assist in
providing adequate health care to low  income  persons,  as  amended  by
chapter 639 of the laws of 1996, is amended to read as follows:
  S  12.  This  act  shall  take  effect immediately and shall expire on
[March 1, 1998] DECEMBER 31, 2015; provided, however, that  the  expira-
tion of the provisions of law as amended and added, respectively, by the
provisions  of  this  act  shall  not affect or impair in any manner any
bonds issued, or any mortgage loan made to any eligible borrower, or any
service contract entered into pursuant to the  provisions  of  this  act
prior  to  its  expiration;  and  provided  further,  however,  that the
provisions of this act on and after [September  1,  1997]  DECEMBER  31,
2015 shall apply only to hospitals that have received from the dormitory
authority  of  the  state  of  New York by [such date] SEPTEMBER 1, 1997
acknowledgement and acceptance of an application for financing  pursuant
to this act and have obtained by such date all approvals required pursu-
ant to the public health law for submitting such application.
  S  12.  This act shall take effect immediately; provided that sections
one through eight of this act shall expire and be deemed repealed Decem-
ber 31, 2015; provided further, that the secured  hospital  fund  estab-
lished  by  paragraph  b of subdivision 2 of section 7-b of the New York
state medical care facilities finance agency act shall not  be  affected
by such repeal and shall continue in existence.

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2013-A9021A - Details

See Senate Version of this Bill:: S7387
Law Section:: Public Health Law
Laws Affected:: Amd §2872, add §2874-b, Pub Health L; amd §§3 & 5, add §7-c, NYS Med Care Fac Fin Ag Act; amd §12, Chap 934 of 1985

2013-A9021A - Summary

Relates to the refinancing of outstanding indebtedness of certain not-for-profit hospitals.

2013-A9021A - Bill Text download pdf

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

                                 9021--A

                          I N  A S S E M B L Y

                              March 7, 2014
                               ___________

Introduced by M. of A. DAVILA -- read once and referred to the Committee
  on  Health -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public health law and the  New  York  state  medical
  care  facilities  finance agency act, in relation to providing for the
  refinancing of outstanding indebtedness  of,  and  additional  secured
  borrowing  by,  certain not-for-profit hospitals; to amend chapter 934
  of the laws of 1985, amending the public health law and the  New  York
  state medical care facilities finance agency act relating to authoriz-
  ing  issuance  of  special hospital project bonds on behalf of certain
  secured hospital borrowers to assist in providing adequate health care
  to low income persons, in relation to extending the provisions of such
  chapter; and providing for the repeal of certain provisions upon expi-
  ration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 2872 of the public health law is amended by adding
a new subdivision 3-b to read as follows:
  3-B. "ELIGIBLE SECURED HOSPITAL BORROWER".  A NOT-FOR-PROFIT  HOSPITAL
CORPORATION  ORGANIZED  UNDER THE LAWS OF THIS STATE, WHICH HAS FINANCED
OR REFINANCED A PROJECT OR  PROJECTS  PURSUANT  TO  THE  FORMER  SECTION
SEVEN-A  OF  SECTION ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS
OF NINETEEN  HUNDRED  SEVENTY-THREE  CONSTITUTING  THE  NEW  YORK  STATE
MEDICAL CARE FACILITIES FINANCE AGENCY ACT, AND FOR WHICH SPECIAL HOSPI-
TAL  PROJECT  BONDS,  AS  DEFINED IN FORMER PARAGRAPH (D) OF SUBDIVISION
THREE  OF  SECTION  THREE  OF  SECTION  ONE  OF  CHAPTER  THREE  HUNDRED
NINETY-TWO  OF  THE  LAWS  OF  NINETEEN  HUNDRED  SEVENTY-THREE,  REMAIN
OUTSTANDING.
  S 2. The public health law is amended by adding a new  section  2874-b
to read as follows:
  S  2874-B.  REFINANCING  MORTGAGE  LOANS  TO ELIGIBLE SECURED HOSPITAL
BORROWERS. ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED  IN  SUBDIVI-
SION  THREE-B  OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-TWO OF THIS ARTI-
CLE, SHALL BE AUTHORIZED TO REFINANCE ANY MORTGAGE  LOAN  FINANCED  WITH

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

                                                           LBD14319-02-4

A. 9021--A                          2

THE  PROCEEDS  OF  SPECIAL  HOSPITAL  PROJECT  BONDS,  WHICH  LOANS  ARE
OUTSTANDING AS OF THE EFFECTIVE DATE OF THIS SECTION.   A MORTGAGE  LOAN
TO  AN  ELIGIBLE  SECURED  HOSPITAL  BORROWER, AS DEFINED IN SUBDIVISION
THREE-B  OF  SECTION  TWENTY-EIGHT  HUNDRED SEVENTY-TWO OF THIS ARTICLE,
MADE BY THE MEDICAL CARE FACILITIES FINANCE AGENCY,  AND  ANY  SUCCESSOR
THERETO,  MAY  BE  FINANCED OR REFINANCED FOR A TERM NOT LONGER THAN THE
TERM APPROVED BY THE COMMISSIONER PURSUANT TO THIS  SECTION  OR  IF  THE
BONDS  ISSUED  TO  FINANCE  SUCH  MORTGAGE LOAN ARE ISSUED AS TAX-EXEMPT
BONDS, SUCH SHORTER TERM AS IS NECESSARY TO ASSURE THAT THE INTEREST  ON
BONDS  ISSUED TO FINANCE OR REFINANCE THE MORTGAGE LOAN WILL BE EXCLUDA-
BLE FROM THE GROSS  INCOME  OF  THE  HOLDERS  THEREOF  FOR  FEDERAL  TAX
PURPOSES,  PROVIDED  THAT IN NO EVENT SHALL THE TERM OF SUCH REFINANCING
LOAN EXCEED THE REMAINING TERM OF THE BONDS  BEING  REFUNDED  AND  SHALL
INCLUDE  ALL  COSTS  ASSOCIATED  WITH  THE  FINANCING  OR REFINANCING OF
INDEBTEDNESS. ALL FINANCING  OR  REFINANCING  APPLICATIONS  BY  ELIGIBLE
SECURED  HOSPITAL  BORROWERS  SHALL  BE APPROVED BY THE ELIGIBLE SECURED
HOSPITAL BORROWER'S BOARD AND THE COMMISSIONER.  SUCH FINANCING OR REFI-
NANCING APPLICATIONS SHALL INCLUDE  ANALYTICAL  EVIDENCE  SUFFICIENT  TO
DEMONSTRATE  THAT  THE PROPOSED FINANCING OR REFINANCING IS BEING UNDER-
TAKEN FOR SOUND BUSINESS PURPOSES AND IN FURTHERANCE OF  MAINTAINING  OR
IMPROVING  THE  FINANCIAL  CONDITION  OF THE HOSPITAL. SUCH EVIDENCE MAY
INCLUDE BUT IS NOT LIMITED TO:  PRESENT VALUE ANALYSIS OF  DEBT  SERVICE
PAYMENTS, INCLUDING WHERE APPLICABLE, PRESENT VALUE ANALYSIS THAT SEGRE-
GATES  DEBT  SERVICE PAYMENTS BETWEEN PRINCIPAL AND INTEREST COMPONENTS;
FINANCIAL PRO FORMAS THAT PROJECT THE BORROWER'S REVENUES, EXPENSES  AND
FINANCIAL  POSITION  FOR A PERIOD DETERMINED BY THE COMMISSIONER; OR ANY
OTHER ANALYSIS OR INFORMATION THE COMMISSIONER DEEMS NECESSARY TO EVALU-
ATE THE APPLICATION AND TO ASSESS THE FINANCIAL ABILITY OF THE  ELIGIBLE
SECURED  HOSPITAL  BORROWER  TO REPAY THE MORTGAGE LOAN ACCORDING TO ITS
TERMS. AS A CONDITION OF SUCH PRIOR  APPROVAL,  THE  COMMISSIONER  SHALL
APPROVE THE PRINCIPAL AMOUNT OF THE FINANCING OR REFINANCING LOAN IN THE
AMOUNT PROVIDED IN SUBDIVISION TWELVE OF SECTION THREE OF SECTION ONE OF
CHAPTER  THREE HUNDRED NINETY-TWO OF THE LAWS OF NINETEEN HUNDRED SEVEN-
TY-THREE, AS AMENDED, PROVIDED THAT SUCH AMOUNT MAY BE REDUCED  ONLY  TO
THE  EXTENT THAT GRANT FUNDING IS MADE AVAILABLE TO THE ELIGIBLE SECURED
HOSPITAL BORROWERS THROUGH HEAL NY OR OTHER PROGRAMS TO FINANCE EMERGEN-
CY ROOM OR OTHER MAJOR CAPITAL PROJECTS OR OTHER  USES  PERMITTED  UNDER
THIS  SECTION,  AS  PROPOSED  BY THE ELIGIBLE HOSPITAL BORROWER, AND THE
MAXIMUM TERM THEREOF, AND SHALL REQUIRE THE  ELIGIBLE  SECURED  HOSPITAL
BORROWER TO GIVE THE DEPARTMENT A WRITTEN UNDERTAKING, ACCEPTABLE TO THE
COMMISSIONER,  THAT IT WILL NOT CLAIM ADDITIONAL REIMBURSEMENT UNDER THE
MEDICAL ASSISTANCE PROGRAM AS ESTABLISHED UNDER TITLE ELEVEN OF  ARTICLE
FIVE  OF THE SOCIAL SERVICES LAW DUE TO INTEREST PAYMENTS ON REFINANCING
INDEBTEDNESS.  ANY  SUCH  ADDITIONAL  INTEREST  PAYMENTS  ON  REFINANCED
INDEBTEDNESS COVERED BY SUCH WRITTEN UNDERTAKING SHALL NOT BE CONSIDERED
AS ALLOWABLE COSTS UNDER THE MEDICAL ASSISTANCE PROGRAM AND SHALL NOT BE
INCLUDED IN REIMBURSEMENT RATES OF PAYMENT UNDER ARTICLE TWENTY-EIGHT OF
THIS CHAPTER.
  S  3.  Subdivision  3  of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act, is amended by adding a new paragraph (d-1) to read
as follows:
  (D-1) "SPECIAL HOSPITAL PROJECT BONDS" SHALL MEAN TAXABLE  OR  TAX-EX-
EMPT  BONDS  ISSUED  PURSUANT  TO  SECTION  SEVEN-C  OF THIS ACT FOR THE
PURPOSE OF REFINANCING OUTSTANDING MORTGAGE LOANS  OF  ELIGIBLE  SECURED

A. 9021--A                          3

HOSPITAL  BORROWERS,  AS  DEFINED  IN SUBDIVISION SIX-C OF THIS SECTION,
PURSUANT TO THIS ACT.
  S  4.  Section  3  of  section  1  of chapter 392 of the laws of 1973,
constituting the New York state medical care facilities  finance  agency
act, is amended by adding a new subdivision 6-c to read as follows:
  6-C.  "ELIGIBLE SECURED HOSPITAL BORROWER" SHALL MEAN A NOT-FOR-PROFIT
HOSPITAL CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE,  WHICH  HAS
FINANCED  OR REFINANCED A PROJECT OR PROJECTS PURSUANT TO FORMER SECTION
SEVEN-A OF THIS ACT, AND FOR WHICH SPECIAL HOSPITAL  PROJECT  BONDS,  AS
DEFINED  IN  FORMER  PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION,
REMAIN OUTSTANDING.
  S 5. Subdivision 10 of section 3 of section 1 of chapter  392  of  the
laws  of  1973,  constituting the New York state medical care facilities
finance agency act, as amended by chapter 803 of the laws  of  1984,  is
amended to read as follows:
  10.  "Hospital  project"  shall mean a specific work or improvement or
the refinancing of existing indebtedness which  constitutes  a  lien  or
encumbrance  upon  the real property or assets of the eligible borrower,
OR THE REFINANCING OF  EXISTING  INDEBTEDNESS  OF  AN  ELIGIBLE  SECURED
HOSPITAL  BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF THIS SECTION, FOR
WHICH SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN FORMER PARAGRAPH (D)
OF SUBDIVISION THREE OF THIS SECTION, REMAIN OUTSTANDING whether or  not
such refinancing is related to the construction, acquisition or rehabil-
itation  of  a  specified work or improvement undertaken by a non-profit
hospital corporation or a non-profit medical  corporation,  constituting
an  eligible borrower in accordance with the provisions of article twen-
ty-eight-B of the public health law.   THE TERM  "HOSPITAL  PROJECT"  AS
USED  IN THIS SUBDIVISION SHALL ALSO MEAN A SEPARATE WORK OR IMPROVEMENT
OWNED AND OPERATED BY AN ELIGIBLE BORROWER  TO  PROVIDE  SUCH  SERVICES,
FUNCTIONS, CAPABILITIES AND FACILITIES AS MAY BE CONVENIENT OR DESIRABLE
FOR  THE OPERATION OF A HOSPITAL OR OTHER SUCH FACILITY INCLUDING HOSPI-
TAL PROJECTS, AS DEFINED IN SUBDIVISION  FOUR  OF  SECTION  TWENTY-EIGHT
HUNDRED SEVENTY-TWO OF THE PUBLIC HEALTH LAW.
  S  6.  Subdivision  12 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 156 of the laws of 1974, is
amended to read as follows:
  12. "Mortgage loan" shall mean a loan made by the agency to an  eligi-
ble  borrower in an amount not to exceed the total hospital project cost
and secured by a first mortgage lien on the real property of  which  the
hospital  project consists and the personal property attached to or used
in connection with the construction, acquisition, reconstruction,  reha-
bilitation,  improvement or operation of the hospital project. Such loan
may be further secured by such a lien upon other real property owned  by
the  eligible borrower. Notwithstanding the foregoing provisions of this
subdivision or any other provisions of this act  to  the  contrary,  any
personal property may be excluded from the lien of the mortgage provided
(a)  the commissioner [of health] finds that such property is not essen-
tial for the rendition of required hospital services  as  such  term  is
defined  in  article  twenty-eight of the public health law, and (b) the
agency consents to such exclusion.
  The term "mortgage loan" shall also mean and include a  loan  made  by
the  agency to a limited-profit nursing home company in an amount not to
exceed ninety-five [percentum] PER CENTUM of the  nursing  home  project
cost, or to a non-profit nursing home company in an amount not to exceed
the  total  nursing  home  project cost, and secured by a first mortgage

A. 9021--A                          4

lien on the real property of which the nursing home project consists and
the personal property  attached  to  or  used  in  connection  with  the
construction,  acquisition,  reconstruction, rehabilitation, improvement
or  operation of the nursing home project. Notwithstanding the foregoing
provisions of this subdivision or any other provision of this article to
the contrary, any personal property may be excluded from the lien of the
mortgage provided (a) the commissioner finds that such property  is  not
essential  for the nursing home project as such term is defined in arti-
cle twenty-eight-A of the public health law, and (b) the agency consents
to such exclusion.
  THE TERM "MORTGAGE LOAN" SHALL ALSO MEAN AND INCLUDE A LOAN MADE TO AN
ELIGIBLE SECURED HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION  SIX-C  OF
THIS  SECTION,  TO  REFINANCE  OUTSTANDING INDEBTEDNESS PURSUANT TO THIS
ACT.
  S 7. Section 5 of section 1 of  chapter  392  of  the  laws  of  1973,
constituting  the  New York state medical care facilities finance agency
act, is amended by adding a new subdivision 10-d to read as follows:
  10-D. TO MAKE MORTGAGE LOANS AND PROJECT LOANS TO NON-PROFIT  HOSPITAL
CORPORATIONS  AND  NON-PROFIT MEDICAL CORPORATIONS CONSTITUTING ELIGIBLE
SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVISION SIX-C  OF  SECTION
THREE  OF  THIS ACT, AND TO UNDERTAKE COMMITMENTS TO MAKE ANY SUCH MORT-
GAGE LOANS AND PROJECT LOANS;
  S 8. Section 1 of chapter 392 of the laws of  1973,  constituting  the
New York state medical care facilities finance agency act, is amended by
adding a new section 7-c to read as follows:
  S  7-C. SECURED HOSPITAL PROJECTS RESERVE FUNDS AND APPROPRIATIONS. 1.
SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF  SUBDI-
VISION  THREE  OF  SECTION  THREE  OF  THIS ACT, ISSUED TO REFINANCE THE
PROJECTS OF ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED IN  SUBDIVI-
SION SIX-C OF SECTION THREE OF THIS ACT, SHALL BE SECURED BY (A) A MORT-
GAGE LIEN, (B) FUNDS AND ACCOUNTS ESTABLISHED UNDER THE BOND RESOLUTION,
(C) THE SECURED HOSPITAL SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS, (D)
THE SECURED HOSPITAL CAPITAL RESERVE FUND OR FUNDS, AND (E) SUCH SERVICE
CONTRACT  OR CONTRACTS ENTERED INTO IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION FOUR OF THIS SECTION.
  2. (A) THE AGENCY SHALL ESTABLISH  A  SECURED  HOSPITAL  SPECIAL  DEBT
SERVICE  RESERVE  FUND  OR  FUNDS AND PAY INTO SUCH FUND OR FUNDS MONEYS
FROM THE SECURED HOSPITAL FUND UP TO AN AMOUNT NOT TO EXCEED  AN  AMOUNT
NECESSARY  TO  ENSURE THE REPAYMENT OF PRINCIPAL AND INTEREST DUE ON ANY
OUTSTANDING INDEBTEDNESS ON SPECIAL HOSPITAL PROJECTS BONDS, AS  DEFINED
IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  FUNDS  DEPOSITED IN SUCH SECURED HOSPITAL SPECIAL DEBT SERVICE RESERVE
FUND OR FUNDS SHALL BE USED IN THE EVENT THAT AN ELIGIBLE SECURED HOSPI-
TAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE  OF  THIS
ACT,  FAILS TO MAKE PAYMENTS IN AN AMOUNT SUFFICIENT TO PAY THE REQUIRED
DEBT SERVICE PAYMENTS ON SPECIAL HOSPITAL PROJECT BONDS, AS  DEFINED  IN
PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  (B) THE AGENCY SHALL, FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDI-
VISION  AND  FOR THE SUPPORT OF ELIGIBLE SECURED HOSPITAL BORROWERS, PAY
INTO THE SECURED HOSPITAL FUND CURRENTLY ESTABLISHED AND  MAINTAINED  BY
THE  AGENCY:  (I)  ALL  FUNDS REQUIRED TO BE PAID IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH  LAW  AND  REGU-
LATIONS PROMULGATED IN SUCH ARTICLE; (II) ANY MORTGAGE INSURANCE PREMIUM
ASSESSED  IN  AN  AMOUNT FIXED AT THE DISCRETION OF THE AGENCY, UPON THE
ISSUANCE OF SPECIAL HOSPITAL PROJECT  BONDS,  AS  DEFINED  IN  PARAGRAPH
(D-1)  OF  SUBDIVISION  THREE  OF  SECTION  THREE OF THIS ACT; (III) ANY

A. 9021--A                          5

INCOME OR INTEREST EARNED ON OTHER RESERVE FUNDS WHICH THE AGENCY ELECTS
TO TRANSFER TO THE SECURED HOSPITAL FUND;  AND  (IV)  ANY  OTHER  MONEYS
WHICH  MAY  BE  MADE  AVAILABLE  TO  THE AGENCY FROM ANY OTHER SOURCE OR
SOURCES.  MONEYS  PAID  INTO  THE  SECURED  HOSPITAL  FUND SHALL, IN THE
DISCRETION OF THE AGENCY, BUT SUBJECT TO AGREEMENTS WITH BONDHOLDERS, BE
USED TO FUND THE SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS AT  A  LEVEL
OR LEVELS WHICH MINIMIZE THE NEED FOR USE OF THE CAPITAL RESERVE FUND OR
FUNDS  IN  THE  EVENT  OF  THE  FAILURE  OF AN ELIGIBLE SECURED HOSPITAL
BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS  ACT,
TO  MAKE  THE REQUIRED DEBT SERVICE PAYMENTS ON SPECIAL HOSPITAL PROJECT
BONDS, AS DEFINED IN PARAGRAPH (D-1) OF  SUBDIVISION  THREE  OF  SECTION
THREE OF THIS ACT.
  (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, THE STATE HEREBY EXPRESSLY RESERVES THE RIGHT TO MODIFY  OR
REPEAL THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  3.  THE AGENCY SHALL ESTABLISH A SECURED HOSPITAL CAPITAL RESERVE FUND
OR FUNDS WHICH SHALL BE FUNDED AT AN AMOUNT  OR  AMOUNTS  EQUAL  TO  THE
LESSER  OF  EITHER:  (A)  THE  MAXIMUM AMOUNT OF PRINCIPAL, SINKING FUND
PAYMENTS AND INTEREST DUE IN ANY SUCCEEDING YEAR ON OUTSTANDING  SPECIAL
HOSPITAL  PROJECT  BONDS,  AS  DEFINED IN PARAGRAPH (D-1) OF SUBDIVISION
THREE OF SECTION THREE OF THIS ACT, OR (B) THE MAXIMUM AMOUNT TO  ENSURE
THAT  SUCH BONDS WILL NOT BE CONSIDERED ARBITRAGE BONDS UNDER THE INTER-
NAL REVENUE CODE OF 1986, AS AMENDED. THE CAPITAL RESERVE FUND SHALL  BE
FUNDED  BY  THE  SALE  OF  SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF  THIS  ACT,  OR
FROM  SUCH  OTHER FUNDS AS MAY BE LEGALLY AVAILABLE FOR SUCH PURPOSE, AS
PROVIDED FOR IN THE BOND RESOLUTION OR RESOLUTIONS AUTHORIZING THE ISSU-
ANCE OF SUCH BONDS.
  4. (A) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW TO
THE CONTRARY, AND SUBJECT TO THE MAKING OF ANNUAL APPROPRIATIONS  THERE-
FOR  BY THE LEGISLATURE IN ORDER TO REFINANCE MORTGAGE LOANS TO ELIGIBLE
SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVISION SIX-C  OF  SECTION
THREE OF THIS ACT, THE DIRECTOR OF THE BUDGET IS AUTHORIZED IN ANY STATE
FISCAL  YEAR  TO ENTER INTO ONE OR MORE SERVICE CONTRACTS, WHICH SERVICE
CONTRACTS SHALL NOT EXCEED THE TERM  OF  THE  SPECIAL  HOSPITAL  PROJECT
BONDS, ISSUED FOR THE BENEFIT OF THE ELIGIBLE SECURED HOSPITAL BORROWER,
UPON  SUCH  TERMS AS THE DIRECTOR OF THE BUDGET AND THE AGENCY AGREE, SO
AS TO PROVIDE ANNUALLY TO THE AGENCY IN THE AGGREGATE SUCH SUM, IF  ANY,
AS  NECESSARY  TO  MEET  THE  DEBT  SERVICE  PAYMENTS DUE ON OUTSTANDING
SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF  SUBDI-
VISION  THREE  OF  SECTION  THREE  OF THIS ACT, IN ANY YEAR IF THE FUNDS
PROVIDED FOR IN THIS SECTION ARE INADEQUATE.
  (B) ANY SERVICE CONTRACT ENTERED INTO PURSUANT  TO  PARAGRAPH  (A)  OF
THIS  SUBDIVISION  SHALL PROVIDE (I) THAT THE OBLIGATION OF THE DIRECTOR
OF THE BUDGET OR OF THE STATE TO FUND OR  TO  PAY  THE  AMOUNTS  THEREIN
PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING
OF  ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECU-
TORY ONLY TO THE EXTENT OF MONEYS AVAILABLE AND THAT NO LIABILITY  SHALL
BE  INCURRED  BY THE STATE BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE,
AND THAT SUCH OBLIGATION IS  SUBJECT  TO  ANNUAL  APPROPRIATION  BY  THE
LEGISLATURE;  AND  (II)  THAT THE AMOUNTS PAID TO THE AGENCY PURSUANT TO
ANY SUCH CONTRACT MAY BE USED BY IT  SOLELY  TO  PAY  OR  TO  ASSIST  IN
FINANCING  COSTS  OF MORTGAGE LOANS TO ELIGIBLE SECURED HOSPITAL BORROW-
ERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT.
  5. THE AGENCY SHALL NOT  ISSUE  SPECIAL  HOSPITAL  PROJECT  BONDS,  AS
DEFINED IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS

A. 9021--A                          6

ACT,  EXCEPT  TO  REFINANCE MORTGAGE LOANS FOR ELIGIBLE SECURED HOSPITAL
BORROWERS AS PROVIDED IN SECTION THREE OF THIS ACT.
  S  9.  Notwithstanding any other provision of this act: (i) reimburse-
ment for interest on any  indebtedness  hereunder  to  be  paid  by  the
medical  assistance  program  established under title 11 of article 5 of
the social services law shall be subject to the availability of  federal
financial  participation;  and  (ii)  the refinancing of a mortgage loan
pursuant to this act shall not alter, affect or change the component  of
medical  assistance  reimbursement applicable to the depreciation of any
asset or assets.
  S 10. The expiration and repeal of sections one through eight of  this
act  shall  not  affect or impair any bonds or notes issued, or any loan
made to any borrower, pursuant to the provisions of this  act  prior  to
the expiration of these sections.
  S  11.  Section  12  of  chapter 934 of the laws of 1985, amending the
public health law and the New York state medical care facilities finance
agency act relating to authorizing issuance of special hospital  project
bonds  on  behalf  of  certain  secured  hospital borrowers to assist in
providing adequate health care to low  income  persons,  as  amended  by
chapter 639 of the laws of 1996, is amended to read as follows:
  S  12.  This  act  shall  take  effect immediately and shall expire on
[March 1, 1998] DECEMBER 31, 2015; provided, however, that  the  expira-
tion of the provisions of law as amended and added, respectively, by the
provisions  of  this  act  shall  not affect or impair in any manner any
bonds issued, or any mortgage loan made to any eligible borrower, or any
service contract entered into pursuant to the  provisions  of  this  act
prior  to  its  expiration;  and  provided  further,  however,  that the
provisions of this act on and after [September  1,  1997]  DECEMBER  31,
2015 shall apply only to hospitals that have received from the dormitory
authority  of  the  state  of  New York by [such date] SEPTEMBER 1, 1997
acknowledgement and acceptance of an application for financing  pursuant
to this act and have obtained by such date all approvals required pursu-
ant to the public health law for submitting such application.
  S  12.  This act shall take effect immediately; provided that sections
one through eight of this act shall expire and be deemed repealed Decem-
ber 31, 2015; provided further, that the secured  hospital  fund  estab-
lished  by  paragraph  b of subdivision 2 of section 7-b of the New York
state medical care facilities finance agency act shall not  be  affected
by such repeal and shall continue in existence.

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2013-A9021B - Details

See Senate Version of this Bill:: S7387
Law Section:: Public Health Law
Laws Affected:: Amd §2872, add §2874-b, Pub Health L; amd §§3 & 5, add §7-c, NYS Med Care Fac Fin Ag Act; amd §12, Chap 934 of 1985

2013-A9021B - Summary

Relates to the refinancing of outstanding indebtedness of certain not-for-profit hospitals.

2013-A9021B - Bill Text download pdf

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

                                 9021--B

                          I N  A S S E M B L Y

                              March 7, 2014
                               ___________

Introduced  by  M.  of  A. DAVILA, CAMARA, COLTON, BROOK-KRASNY, MOSLEY,
  ORTIZ, PICHARDO, SCARBOROUGH -- Multi-Sponsored by -- M. of A. ARROYO,
  BRENNAN, HIKIND, LENTOL, PEOPLES-STOKES, RIVERA, ROBERTS -- read  once
  and  referred to the Committee on Health -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the  New  York  state  medical
  care  facilities  finance agency act, in relation to providing for the
  refinancing of  outstanding  indebtedness  of  certain  not-for-profit
  hospitals;  to  amend  chapter  934  of the laws of 1985, amending the
  public health law and the  New  York  state  medical  care  facilities
  finance  agency act relating to authorizing issuance of special hospi-
  tal project bonds on behalf of certain secured hospital  borrowers  to
  assist  in  providing  adequate  health care to low income persons, in
  relation to extending the provisions of such  chapter;  and  providing
  for the repeal of certain provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2872 of the public health law is amended by  adding
a new subdivision 3-b to read as follows:
  3-B.  "ELIGIBLE SECURED HOSPITAL BORROWER".  A NOT-FOR-PROFIT HOSPITAL
CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE, WHICH  HAS  FINANCED
OR  REFINANCED  A  PROJECT  OR  PROJECTS  PURSUANT TO SECTION SEVEN-A OF
SECTION ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS OF  NINETEEN
HUNDRED  SEVENTY-THREE, AND FOR WHICH SPECIAL HOSPITAL PROJECT BONDS, AS
DEFINED IN PARAGRAPH (D)  OF  SUBDIVISION  THREE  OF  SECTION  THREE  OF
SECTION  ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS OF NINETEEN
HUNDRED SEVENTY-THREE, REMAIN OUTSTANDING.
  S 2. The public health law is amended by adding a new  section  2874-b
to read as follows:
  S  2874-B.  REFINANCING  MORTGAGE  LOANS  TO ELIGIBLE SECURED HOSPITAL
BORROWERS. ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED  IN  SUBDIVI-
SION  THREE-B  OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-TWO OF THIS ARTI-

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

                                                           LBD14319-05-4

A. 9021--B                          2

CLE, SHALL BE AUTHORIZED TO REFINANCE ANY MORTGAGE  LOAN  FINANCED  WITH
THE  PROCEEDS  OF  SPECIAL  HOSPITAL  PROJECT  BONDS,  WHICH  LOANS  ARE
OUTSTANDING AS OF THE EFFECTIVE DATE OF THIS SECTION.   A MORTGAGE  LOAN
TO  AN  ELIGIBLE  SECURED  HOSPITAL  BORROWER, AS DEFINED IN SUBDIVISION
THREE-B OF SECTION TWENTY-EIGHT HUNDRED  SEVENTY-TWO  OF  THIS  ARTICLE,
MADE  BY  THE  MEDICAL CARE FACILITIES FINANCE AGENCY, AND ANY SUCCESSOR
THERETO, MAY BE FINANCED OR REFINANCED FOR A TERM NOT  LONGER  THAN  THE
TERM  APPROVED  BY  THE  COMMISSIONER PURSUANT TO THIS SECTION OR IF THE
BONDS ISSUED TO FINANCE SUCH MORTGAGE  LOAN  ARE  ISSUED  AS  TAX-EXEMPT
BONDS,  SUCH SHORTER TERM AS IS NECESSARY TO ASSURE THAT THE INTEREST ON
BONDS ISSUED TO FINANCE OR REFINANCE THE MORTGAGE LOAN WILL BE  EXCLUDA-
BLE  FROM  THE  GROSS  INCOME  OF  THE  HOLDERS  THEREOF FOR FEDERAL TAX
PURPOSES, PROVIDED THAT IN NO EVENT SHALL THE TERM OF  SUCH  REFINANCING
LOAN  EXCEED  THE  REMAINING  TERM OF THE BONDS BEING REFUNDED AND SHALL
INCLUDE ALL COSTS  ASSOCIATED  WITH  THE  FINANCING  OR  REFINANCING  OF
INDEBTEDNESS.  ALL  FINANCING  OR  REFINANCING  APPLICATIONS BY ELIGIBLE
SECURED HOSPITAL BORROWERS SHALL BE APPROVED  BY  THE  ELIGIBLE  SECURED
HOSPITAL BORROWER'S BOARD AND THE COMMISSIONER.  SUCH FINANCING OR REFI-
NANCING  APPLICATIONS  SHALL  INCLUDE  ANALYTICAL EVIDENCE SUFFICIENT TO
DEMONSTRATE THAT THE PROPOSED FINANCING OR REFINANCING IS  BEING  UNDER-
TAKEN  FOR  SOUND BUSINESS PURPOSES AND IN FURTHERANCE OF MAINTAINING OR
IMPROVING THE FINANCIAL CONDITION OF THE  HOSPITAL.  SUCH  EVIDENCE  MAY
INCLUDE  BUT  IS NOT LIMITED TO:  PRESENT VALUE ANALYSIS OF DEBT SERVICE
PAYMENTS, INCLUDING WHERE APPLICABLE, PRESENT VALUE ANALYSIS THAT SEGRE-
GATES DEBT SERVICE PAYMENTS BETWEEN PRINCIPAL AND  INTEREST  COMPONENTS;
FINANCIAL  PRO FORMAS THAT PROJECT THE BORROWER'S REVENUES, EXPENSES AND
FINANCIAL POSITION FOR A PERIOD DETERMINED BY THE COMMISSIONER;  OR  ANY
OTHER ANALYSIS OR INFORMATION THE COMMISSIONER DEEMS NECESSARY TO EVALU-
ATE  THE APPLICATION AND TO ASSESS THE FINANCIAL ABILITY OF THE ELIGIBLE
SECURED HOSPITAL BORROWER TO REPAY THE MORTGAGE LOAN  ACCORDING  TO  ITS
TERMS.  AS  A  CONDITION  OF SUCH PRIOR APPROVAL, THE COMMISSIONER SHALL
APPROVE THE PRINCIPAL AMOUNT OF THE FINANCING OR REFINANCING LOAN IN THE
AMOUNT PROVIDED IN SUBDIVISION TWELVE OF SECTION THREE OF SECTION ONE OF
CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS OF NINETEEN HUNDRED  SEVEN-
TY-THREE,  AS  AMENDED, PROVIDED THAT SUCH AMOUNT MAY BE REDUCED ONLY TO
THE EXTENT THAT GRANT FUNDING IS MADE AVAILABLE TO THE ELIGIBLE  SECURED
HOSPITAL BORROWERS THROUGH HEAL NY OR OTHER PROGRAMS TO FINANCE EMERGEN-
CY  ROOM  OR  OTHER MAJOR CAPITAL PROJECTS OR OTHER USES PERMITTED UNDER
THIS SECTION, AS PROPOSED BY THE ELIGIBLE  HOSPITAL  BORROWER,  AND  THE
MAXIMUM  TERM  THEREOF,  AND SHALL REQUIRE THE ELIGIBLE SECURED HOSPITAL
BORROWER TO GIVE THE DEPARTMENT A WRITTEN UNDERTAKING, ACCEPTABLE TO THE
COMMISSIONER, THAT IT WILL NOT CLAIM ADDITIONAL REIMBURSEMENT UNDER  THE
MEDICAL  ASSISTANCE PROGRAM AS ESTABLISHED UNDER TITLE ELEVEN OF ARTICLE
FIVE OF THE SOCIAL SERVICES LAW DUE TO INTEREST PAYMENTS ON  REFINANCING
INDEBTEDNESS.  ANY  SUCH  ADDITIONAL  INTEREST  PAYMENTS  ON  REFINANCED
INDEBTEDNESS COVERED BY SUCH WRITTEN UNDERTAKING SHALL NOT BE CONSIDERED
AS ALLOWABLE COSTS UNDER THE MEDICAL ASSISTANCE PROGRAM AND SHALL NOT BE
INCLUDED IN REIMBURSEMENT RATES OF PAYMENT UNDER ARTICLE TWENTY-EIGHT OF
THIS CHAPTER.
  S 3. Subdivision 3 of section 3 of section 1 of  chapter  392  of  the
laws  of  1973,  constituting the New York state medical care facilities
finance agency act, is amended by adding a new paragraph (d-1)  to  read
as follows:
  (D-1)  "SPECIAL  HOSPITAL PROJECT BONDS" SHALL MEAN TAXABLE OR TAX-EX-
EMPT BONDS ISSUED PURSUANT TO  SECTION  SEVEN-C  OF  THIS  ACT  FOR  THE
PURPOSE  OF  REFINANCING  OUTSTANDING MORTGAGE LOANS OF ELIGIBLE SECURED

A. 9021--B                          3

HOSPITAL BORROWERS, AS DEFINED IN SUBDIVISION  SIX-C  OF  THIS  SECTION,
PURSUANT TO THIS ACT.
  S  4.  Section  3  of  section  1  of chapter 392 of the laws of 1973,
constituting the New York state medical care facilities  finance  agency
act, is amended by adding a new subdivision 6-c to read as follows:
  6-C.  "ELIGIBLE SECURED HOSPITAL BORROWER" SHALL MEAN A NOT-FOR-PROFIT
HOSPITAL CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE,  WHICH  HAS
FINANCED OR REFINANCED A PROJECT OR PROJECTS PURSUANT TO SECTION SEVEN-A
OF THIS ACT, AND FOR WHICH SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, REMAIN OUTSTANDING.
  S  5.  Subdivision  10 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 803 of the laws of 1984, is
amended to read as follows:
  10. "Hospital project" shall mean a specific work  or  improvement  or
the  refinancing  of  existing  indebtedness which constitutes a lien or
encumbrance upon the real property or assets of the  eligible  borrower,
OR  THE  REFINANCING  OF  EXISTING  INDEBTEDNESS  OF AN ELIGIBLE SECURED
HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF THIS SECTION,  FOR
WHICH  SPECIAL  HOSPITAL  PROJECT  BONDS, AS DEFINED IN PARAGRAPH (D) OF
SUBDIVISION THREE OF THIS SECTION, REMAIN  OUTSTANDING  whether  or  not
such refinancing is related to the construction, acquisition or rehabil-
itation  of  a  specified work or improvement undertaken by a non-profit
hospital corporation or a non-profit medical  corporation,  constituting
an  eligible borrower in accordance with the provisions of article twen-
ty-eight-B of the public health law.   THE TERM  "HOSPITAL  PROJECT"  AS
USED  IN THIS SUBDIVISION SHALL ALSO MEAN A SEPARATE WORK OR IMPROVEMENT
OWNED AND OPERATED BY AN ELIGIBLE BORROWER  TO  PROVIDE  SUCH  SERVICES,
FUNCTIONS, CAPABILITIES AND FACILITIES AS MAY BE CONVENIENT OR DESIRABLE
FOR  THE OPERATION OF A HOSPITAL OR OTHER SUCH FACILITY INCLUDING HOSPI-
TAL PROJECTS, AS DEFINED IN SUBDIVISION  FOUR  OF  SECTION  TWENTY-EIGHT
HUNDRED SEVENTY-TWO OF THE PUBLIC HEALTH LAW.
  S  6.  Subdivision  12 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 156 of the laws of 1974, is
amended to read as follows:
  12. "Mortgage loan" shall mean a loan made by the agency to an  eligi-
ble  borrower in an amount not to exceed the total hospital project cost
and secured by a first mortgage lien on the real property of  which  the
hospital  project consists and the personal property attached to or used
in connection with the construction, acquisition, reconstruction,  reha-
bilitation,  improvement or operation of the hospital project. Such loan
may be further secured by such a lien upon other real property owned  by
the  eligible borrower. Notwithstanding the foregoing provisions of this
subdivision or any other provisions of this act  to  the  contrary,  any
personal property may be excluded from the lien of the mortgage provided
(a)  the commissioner [of health] finds that such property is not essen-
tial for the rendition of required hospital services  as  such  term  is
defined  in  article  twenty-eight of the public health law, and (b) the
agency consents to such exclusion.
  The term "mortgage loan" shall also mean and include a  loan  made  by
the  agency to a limited-profit nursing home company in an amount not to
exceed ninety-five [percentum] PER CENTUM of the  nursing  home  project
cost, or to a non-profit nursing home company in an amount not to exceed
the  total  nursing  home  project cost, and secured by a first mortgage
lien on the real property of which the nursing home project consists and

A. 9021--B                          4

the personal property  attached  to  or  used  in  connection  with  the
construction,  acquisition,  reconstruction, rehabilitation, improvement
or operation of the nursing home project. Notwithstanding the  foregoing
provisions of this subdivision or any other provision of this article to
the contrary, any personal property may be excluded from the lien of the
mortgage  provided  (a) the commissioner finds that such property is not
essential for the nursing home project as such term is defined in  arti-
cle twenty-eight-A of the public health law, and (b) the agency consents
to such exclusion.
  THE TERM "MORTGAGE LOAN" SHALL ALSO MEAN AND INCLUDE A LOAN MADE TO AN
ELIGIBLE  SECURED  HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF
THIS SECTION, TO REFINANCE OUTSTANDING  INDEBTEDNESS  PURSUANT  TO  THIS
ACT.
  S  7.  Section  5  of  section  1  of chapter 392 of the laws of 1973,
constituting the New York state medical care facilities  finance  agency
act, is amended by adding a new subdivision 10-d to read as follows:
  10-D.  TO MAKE MORTGAGE LOANS AND PROJECT LOANS TO NON-PROFIT HOSPITAL
CORPORATIONS AND NON-PROFIT MEDICAL CORPORATIONS  CONSTITUTING  ELIGIBLE
SECURED  HOSPITAL  BORROWERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION
THREE OF THIS ACT, AND TO UNDERTAKE COMMITMENTS TO MAKE ANY  SUCH  MORT-
GAGE LOANS AND PROJECT LOANS;
  S  8.  Section  1 of chapter 392 of the laws of 1973, constituting the
New York state medical care facilities finance agency act, is amended by
adding a new section 7-c to read as follows:
  S 7-C. SECURED HOSPITAL PROJECTS RESERVE FUNDS AND APPROPRIATIONS.  1.
SPECIAL  HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF SUBDI-
VISION THREE OF SECTION THREE OF  THIS  ACT,  ISSUED  TO  REFINANCE  THE
PROJECTS  OF ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVI-
SION SIX-C OF SECTION THREE OF THIS ACT, SHALL BE SECURED BY (A) A MORT-
GAGE LIEN, (B) FUNDS AND ACCOUNTS ESTABLISHED UNDER THE BOND RESOLUTION,
(C) THE SECURED HOSPITAL SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS, (D)
THE SECURED HOSPITAL CAPITAL RESERVE FUND OR FUNDS, AND (E) SUCH SERVICE
CONTRACT OR CONTRACTS ENTERED INTO IN ACCORDANCE WITH THE PROVISIONS  OF
SUBDIVISION FOUR OF THIS SECTION.
  2.  (A)  THE  AGENCY  SHALL  ESTABLISH A SECURED HOSPITAL SPECIAL DEBT
SERVICE RESERVE FUND OR FUNDS AND PAY INTO SUCH  FUND  OR  FUNDS  MONEYS
FROM  THE  SECURED HOSPITAL FUND UP TO AN AMOUNT NOT TO EXCEED AN AMOUNT
NECESSARY TO ENSURE THE REPAYMENT OF PRINCIPAL AND INTEREST DUE  ON  ANY
OUTSTANDING  INDEBTEDNESS ON SPECIAL HOSPITAL PROJECTS BONDS, AS DEFINED
IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  FUNDS DEPOSITED IN SUCH SECURED HOSPITAL SPECIAL DEBT SERVICE  RESERVE
FUND OR FUNDS SHALL BE USED IN THE EVENT THAT AN ELIGIBLE SECURED HOSPI-
TAL  BORROWER,  AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS
ACT, FAILS TO MAKE PAYMENTS IN AN AMOUNT SUFFICIENT TO PAY THE  REQUIRED
DEBT  SERVICE  PAYMENTS ON SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  (B) THE AGENCY SHALL, FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDI-
VISION AND FOR THE SUPPORT OF ELIGIBLE SECURED HOSPITAL  BORROWERS,  PAY
INTO  THE  SECURED HOSPITAL FUND CURRENTLY ESTABLISHED AND MAINTAINED BY
THE AGENCY: (I) ALL FUNDS REQUIRED TO BE PAID  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND REGU-
LATIONS PROMULGATED IN SUCH ARTICLE; (II) ANY MORTGAGE INSURANCE PREMIUM
ASSESSED IN AN AMOUNT FIXED AT THE DISCRETION OF THE  AGENCY,  UPON  THE
ISSUANCE  OF  SPECIAL  HOSPITAL  PROJECT  BONDS, AS DEFINED IN PARAGRAPH
(D-1) OF SUBDIVISION THREE OF SECTION  THREE  OF  THIS  ACT;  (III)  ANY
INCOME OR INTEREST EARNED ON OTHER RESERVE FUNDS WHICH THE AGENCY ELECTS

A. 9021--B                          5

TO  TRANSFER  TO  THE  SECURED  HOSPITAL FUND; AND (IV) ANY OTHER MONEYS
WHICH MAY BE MADE AVAILABLE TO THE  AGENCY  FROM  ANY  OTHER  SOURCE  OR
SOURCES.  MONEYS  PAID  INTO  THE  SECURED  HOSPITAL  FUND SHALL, IN THE
DISCRETION OF THE AGENCY, BUT SUBJECT TO AGREEMENTS WITH BONDHOLDERS, BE
USED  TO  FUND THE SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS AT A LEVEL
OR LEVELS WHICH MINIMIZE THE NEED FOR USE OF THE CAPITAL RESERVE FUND OR
FUNDS IN THE EVENT OF  THE  FAILURE  OF  AN  ELIGIBLE  SECURED  HOSPITAL
BORROWER,  AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT,
TO MAKE THE REQUIRED DEBT SERVICE PAYMENTS ON SPECIAL  HOSPITAL  PROJECT
BONDS,  AS  DEFINED  IN  PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION
THREE OF THIS ACT.
  (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B)  OF  THIS
SUBDIVISION,  THE STATE HEREBY EXPRESSLY RESERVES THE RIGHT TO MODIFY OR
REPEAL THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  3. THE AGENCY SHALL ESTABLISH A SECURED HOSPITAL CAPITAL RESERVE  FUND
OR  FUNDS  WHICH  SHALL  BE  FUNDED AT AN AMOUNT OR AMOUNTS EQUAL TO THE
LESSER OF EITHER: (A) THE MAXIMUM  AMOUNT  OF  PRINCIPAL,  SINKING  FUND
PAYMENTS  AND INTEREST DUE IN ANY SUCCEEDING YEAR ON OUTSTANDING SPECIAL
HOSPITAL PROJECT BONDS, AS DEFINED IN  PARAGRAPH  (D-1)  OF  SUBDIVISION
THREE  OF SECTION THREE OF THIS ACT, OR (B) THE MAXIMUM AMOUNT TO ENSURE
THAT SUCH BONDS WILL NOT BE CONSIDERED ARBITRAGE BONDS UNDER THE  INTER-
NAL  REVENUE CODE OF 1986, AS AMENDED. THE CAPITAL RESERVE FUND SHALL BE
FUNDED BY THE SALE OF SPECIAL HOSPITAL  PROJECT  BONDS,  AS  DEFINED  IN
PARAGRAPH  (D-1)  OF  SUBDIVISION THREE OF SECTION THREE OF THIS ACT, OR
FROM SUCH OTHER FUNDS AS MAY BE LEGALLY AVAILABLE FOR SUCH  PURPOSE,  AS
PROVIDED FOR IN THE BOND RESOLUTION OR RESOLUTIONS AUTHORIZING THE ISSU-
ANCE OF SUCH BONDS.
  4. (A) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW TO
THE  CONTRARY, AND SUBJECT TO THE MAKING OF ANNUAL APPROPRIATIONS THERE-
FOR BY THE LEGISLATURE IN ORDER TO REFINANCE MORTGAGE LOANS TO  ELIGIBLE
SECURED  HOSPITAL  BORROWERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION
THREE OF THIS ACT, THE DIRECTOR OF THE BUDGET IS AUTHORIZED IN ANY STATE
FISCAL YEAR TO ENTER INTO ONE OR MORE SERVICE CONTRACTS,  WHICH  SERVICE
CONTRACTS  SHALL  NOT  EXCEED  THE  TERM OF THE SPECIAL HOSPITAL PROJECT
BONDS, ISSUED FOR THE BENEFIT OF THE ELIGIBLE SECURED HOSPITAL BORROWER,
UPON SUCH TERMS AS THE DIRECTOR OF THE BUDGET AND THE AGENCY  AGREE,  SO
AS  TO PROVIDE ANNUALLY TO THE AGENCY IN THE AGGREGATE SUCH SUM, IF ANY,
AS NECESSARY TO MEET  THE  DEBT  SERVICE  PAYMENTS  DUE  ON  OUTSTANDING
SPECIAL  HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF SUBDI-
VISION THREE OF SECTION THREE OF THIS ACT, IN  ANY  YEAR  IF  THE  FUNDS
PROVIDED FOR IN THIS SECTION ARE INADEQUATE.
  (B)  ANY  SERVICE  CONTRACT  ENTERED INTO PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION SHALL PROVIDE (I) THAT THE OBLIGATION OF  THE  DIRECTOR
OF  THE  BUDGET  OR  OF  THE STATE TO FUND OR TO PAY THE AMOUNTS THEREIN
PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING
OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED  EXECU-
TORY  ONLY TO THE EXTENT OF MONEYS AVAILABLE AND THAT NO LIABILITY SHALL
BE INCURRED BY THE STATE BEYOND THE MONEYS AVAILABLE FOR  SUCH  PURPOSE,
AND  THAT  SUCH  OBLIGATION  IS  SUBJECT  TO ANNUAL APPROPRIATION BY THE
LEGISLATURE; AND (II) THAT THE AMOUNTS PAID TO THE  AGENCY  PURSUANT  TO
ANY  SUCH  CONTRACT  MAY  BE  USED  BY  IT SOLELY TO PAY OR TO ASSIST IN
FINANCING COSTS OF MORTGAGE LOANS TO ELIGIBLE SECURED  HOSPITAL  BORROW-
ERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT.
  5.  THE  AGENCY  SHALL  NOT  ISSUE  SPECIAL HOSPITAL PROJECT BONDS, AS
DEFINED IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS

A. 9021--B                          6

ACT, EXCEPT TO REFINANCE MORTGAGE LOANS FOR  ELIGIBLE  SECURED  HOSPITAL
BORROWERS AS PROVIDED IN SECTION THREE OF THIS ACT.
  S  9.  Notwithstanding any other provision of this act: (i) reimburse-
ment for interest on any  indebtedness  hereunder  to  be  paid  by  the
medical  assistance  program  established under title 11 of article 5 of
the social services law shall be subject to the availability of  federal
financial  participation;  and  (ii)  the refinancing of a mortgage loan
pursuant to this act shall not alter, affect or change the component  of
medical  assistance  reimbursement applicable to the depreciation of any
asset or assets.
  S 10. The expiration and repeal of sections one through eight of  this
act  shall  not  affect or impair any bonds or notes issued, or any loan
made to any borrower, pursuant to the provisions of this  act  prior  to
the expiration of these sections.
  S  11.  Section  12  of  chapter 934 of the laws of 1985, amending the
public health law and the New York state medical care facilities finance
agency act relating to authorizing issuance of special hospital  project
bonds  on  behalf  of  certain  secured  hospital borrowers to assist in
providing adequate health care to low  income  persons,  as  amended  by
chapter 639 of the laws of 1996, is amended to read as follows:
  S  12.  This  act  shall  take  effect immediately and shall expire on
[March 1, 1998] DECEMBER 31, 2015; provided, however, that  the  expira-
tion of the provisions of law as amended and added, respectively, by the
provisions  of  this  act  shall  not affect or impair in any manner any
bonds issued, or any mortgage loan made to any eligible borrower, or any
service contract entered into pursuant to the  provisions  of  this  act
prior  to  its  expiration;  and  provided  further,  however,  that the
provisions of this act on and after [September  1,  1997]  DECEMBER  31,
2015 shall apply only to hospitals that have received from the dormitory
authority  of  the  state  of  New York by [such date] SEPTEMBER 1, 1997
acknowledgement and acceptance of an application for financing  pursuant
to this act and have obtained by such date all approvals required pursu-
ant to the public health law for submitting such application.
  S  12.  This act shall take effect immediately; provided that sections
one through eight of this act shall expire and be deemed repealed Decem-
ber 31, 2015; provided further, that the secured  hospital  fund  estab-
lished  by paragraph (b) of subdivision 2 of section 7-b of the New York
state medical care facilities finance agency act shall not  be  affected
by such repeal and shall continue in existence.

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2013-A9021C - Details

See Senate Version of this Bill:: S7387
Law Section:: Public Health Law
Laws Affected:: Amd §2872, add §2874-b, Pub Health L; amd §§3 & 5, add §7-c, NYS Med Care Fac Fin Ag Act; amd §12, Chap 934 of 1985

2013-A9021C - Summary

Relates to the refinancing of outstanding indebtedness of certain not-for-profit hospitals.

2013-A9021C - Bill Text download pdf

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

                                 9021--C

                          I N  A S S E M B L Y

                              March 7, 2014
                               ___________

Introduced  by  M.  of  A. DAVILA, CAMARA, COLTON, BROOK-KRASNY, MOSLEY,
  ORTIZ, PICHARDO, SCARBOROUGH, PERRY, CRESPO -- Multi-Sponsored  by  --
  M.  of  A.  ARROYO,  BRENNAN,  HIKIND, LENTOL, PEOPLES-STOKES, RIVERA,
  ROBERTS -- read once and  referred  to  the  Committee  on  Health  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee -- 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 and the  New  York  state  medical
  care  facilities  finance agency act, in relation to providing for the
  refinancing of  outstanding  indebtedness  of  certain  not-for-profit
  hospitals;  to  amend  chapter  934  of the laws of 1985, amending the
  public health law and the  New  York  state  medical  care  facilities
  finance  agency act relating to authorizing issuance of special hospi-
  tal project bonds on behalf of certain secured hospital  borrowers  to
  assist  in  providing  adequate  health care to low income persons, in
  relation to extending the provisions of such  chapter;  and  providing
  for the repeal of certain provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2872 of the public health law is amended by  adding
a new subdivision 3-b to read as follows:
  3-B.  "ELIGIBLE SECURED HOSPITAL BORROWER".  A NOT-FOR-PROFIT HOSPITAL
CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE, WHICH  HAS  FINANCED
OR  REFINANCED  A  PROJECT  OR  PROJECTS  PURSUANT TO SECTION SEVEN-A OF
SECTION ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS OF  NINETEEN
HUNDRED  SEVENTY-THREE, AND FOR WHICH SPECIAL HOSPITAL PROJECT BONDS, AS
DEFINED IN PARAGRAPH (D)  OF  SUBDIVISION  THREE  OF  SECTION  THREE  OF
SECTION  ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS OF NINETEEN
HUNDRED SEVENTY-THREE, REMAIN OUTSTANDING.
  S 2. The public health law is amended by adding a new  section  2874-b
to read as follows:

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

                                                           LBD14319-13-4

A. 9021--C                          2

  S  2874-B.  REFINANCING  MORTGAGE  LOANS  TO ELIGIBLE SECURED HOSPITAL
BORROWERS. ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED  IN  SUBDIVI-
SION  THREE-B  OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-TWO OF THIS ARTI-
CLE, SHALL BE AUTHORIZED TO REFINANCE ANY MORTGAGE  LOAN  FINANCED  WITH
THE  PROCEEDS  OF  SPECIAL  HOSPITAL  PROJECT  BONDS,  WHICH  LOANS  ARE
OUTSTANDING AS OF THE EFFECTIVE DATE OF THIS SECTION.   A MORTGAGE  LOAN
TO  AN  ELIGIBLE  SECURED  HOSPITAL  BORROWER, AS DEFINED IN SUBDIVISION
THREE-B OF SECTION TWENTY-EIGHT HUNDRED  SEVENTY-TWO  OF  THIS  ARTICLE,
MADE  BY  THE  MEDICAL CARE FACILITIES FINANCE AGENCY, AND ANY SUCCESSOR
THERETO, MAY BE REFINANCED FOR A TERM NOT LONGER THAN THE TERM  APPROVED
BY  THE  COMMISSIONER PURSUANT TO THIS SECTION OR IF THE BONDS ISSUED TO
FINANCE SUCH MORTGAGE LOAN ARE ISSUED AS TAX-EXEMPT BONDS, SUCH  SHORTER
TERM  AS  IS  NECESSARY  TO  ASSURE THAT THE INTEREST ON BONDS ISSUED TO
REFINANCE THE MORTGAGE LOAN WILL BE EXCLUDABLE FROM THE GROSS INCOME  OF
THE  HOLDERS THEREOF FOR FEDERAL TAX PURPOSES, PROVIDED THAT IN NO EVENT
SHALL THE TERM OF SUCH REFINANCING LOAN EXCEED THE REMAINING TERM OF THE
BONDS BEING REFUNDED AND SHALL INCLUDE ALL  COSTS  ASSOCIATED  WITH  THE
REFINANCING  OF  INDEBTEDNESS.  ALL REFINANCING APPLICATIONS BY ELIGIBLE
SECURED HOSPITAL BORROWERS SHALL BE APPROVED  BY  THE  ELIGIBLE  SECURED
HOSPITAL BORROWER'S BOARD AND THE COMMISSIONER.  SUCH REFINANCING APPLI-
CATIONS SHALL INCLUDE ANALYTICAL EVIDENCE SUFFICIENT TO DEMONSTRATE THAT
THE  PROPOSED  REFINANCING  IS  BEING  UNDERTAKEN FOR THE FURTHERANCE OF
SUSTAINING, MAINTAINING AND IMPROVING THE  FINANCIAL  CONDITION  OF  THE
HOSPITAL.  SUCH EVIDENCE SHALL INCLUDE BUT IS NOT LIMITED TO:  FINANCIAL
PRO FORMAS THAT PROJECT THE BORROWER'S REVENUES, EXPENSES AND  FINANCIAL
POSITION  FOR  LIFE  OF THE BONDS; THE MAXIMUM MATURITY OF THE REFUNDING
BONDS DO NOT EXCEED THE MATURITY OF THE BONDS TO BE REFUNDED; NET  PRES-
ENT  VALUE  SAVINGS  OF  AT  LEAST  TWO PERCENT OF THE PAR AMOUNT OF THE
REFUNDED BONDS AND NET PRESENT VALUE SAVINGS OF AT LEAST TWO  TIMES  THE
REFUNDING BONDS TOTAL COST OF ISSUANCE, INCLUDING UNDERWRITER'S DISCOUNT
AND CREDIT ENHANCEMENT; OR ANY OTHER ANALYSIS OR INFORMATION THE COMMIS-
SIONER  DEEMS  NECESSARY TO EVALUATE THE APPLICATION.  AS A CONDITION OF
SUCH PRIOR APPROVAL, THE COMMISSIONER SHALL APPROVE THE PRINCIPAL AMOUNT
OF THE REFINANCING, AND SHALL  REQUIRE  THE  ELIGIBLE  SECURED  HOSPITAL
BORROWER TO GIVE THE DEPARTMENT A WRITTEN UNDERTAKING, ACCEPTABLE TO THE
COMMISSIONER,  THAT IT WILL NOT CLAIM ADDITIONAL REIMBURSEMENT UNDER THE
MEDICAL ASSISTANCE PROGRAM AS ESTABLISHED UNDER TITLE ELEVEN OF  ARTICLE
FIVE  OF THE SOCIAL SERVICES LAW DUE TO INTEREST PAYMENTS ON REFINANCING
INDEBTEDNESS.  ANY  SUCH  ADDITIONAL  INTEREST  PAYMENTS  ON  REFINANCED
INDEBTEDNESS COVERED BY SUCH WRITTEN UNDERTAKING SHALL NOT BE CONSIDERED
AS ALLOWABLE COSTS UNDER THE MEDICAL ASSISTANCE PROGRAM AND SHALL NOT BE
INCLUDED IN REIMBURSEMENT RATES OF PAYMENT UNDER ARTICLE TWENTY-EIGHT OF
THIS  CHAPTER. SUCH REFINANCING SHALL BE SUBJECT TO SECTION FIFTY-ONE OF
THE PUBLIC AUTHORITIES LAW.
  S 3. Subdivision 3 of section 3 of section 1 of  chapter  392  of  the
laws  of  1973,  constituting the New York state medical care facilities
finance agency act, is amended by adding a new paragraph (d-1)  to  read
as follows:
  (D-1)  "SPECIAL HOSPITAL PROJECT BONDS" SHALL MEAN BONDS ISSUED PURSU-
ANT TO SECTION SEVEN-C OF  THIS  ACT  FOR  THE  PURPOSE  OF  REFINANCING
OUTSTANDING  MORTGAGE  LOANS  OF ELIGIBLE SECURED HOSPITAL BORROWERS, AS
DEFINED IN SUBDIVISION SIX-C OF THIS SECTION, PURSUANT TO THIS ACT.
  S 4. Section 3 of section 1 of  chapter  392  of  the  laws  of  1973,
constituting  the  New York state medical care facilities finance agency
act, is amended by adding a new subdivision 6-c to read as follows:

A. 9021--C                          3

  6-C. "ELIGIBLE SECURED HOSPITAL BORROWER" SHALL MEAN A  NOT-FOR-PROFIT
HOSPITAL  CORPORATION  ORGANIZED UNDER THE LAWS OF THIS STATE, WHICH HAS
FINANCED OR REFINANCED A PROJECT OR PROJECTS PURSUANT TO SECTION SEVEN-A
OF THIS ACT, AND FOR WHICH SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, REMAIN OUTSTANDING.
  S  5.  Subdivision  10 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 803 of the laws of 1984, is
amended to read as follows:
  10. "Hospital project" shall mean a specific work  or  improvement  or
the  refinancing  of  existing  indebtedness which constitutes a lien or
encumbrance upon the real property or assets of the  eligible  borrower,
OR  THE  REFINANCING  OF  EXISTING  INDEBTEDNESS  OF AN ELIGIBLE SECURED
HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF THIS SECTION,  FOR
WHICH  SPECIAL  HOSPITAL  PROJECT  BONDS, AS DEFINED IN PARAGRAPH (D) OF
SUBDIVISION THREE OF THIS SECTION, REMAIN  OUTSTANDING  whether  or  not
such refinancing is related to the construction, acquisition or rehabil-
itation  of  a  specified work or improvement undertaken by a non-profit
hospital corporation or a non-profit medical  corporation,  constituting
an  eligible borrower in accordance with the provisions of article twen-
ty-eight-B of the public health law.
  S 6. Subdivision 11 of section 3 of section 1 of chapter  392  of  the
laws  of  1973,  constituting the New York state medical care facilities
finance agency act, is amended to read as follows:
  11. "Hospital project cost" shall mean the  sum  total  of  all  costs
incurred  by  a  non-profit hospital corporation or a non-profit medical
corporation, constituting an eligible borrower undertaking a project  as
approved  by the commissioner in accordance with the provisions of arti-
cle [twenty-eight-B] 28-B of the public health law, OR, IN  CASE  OF  AN
ELIGIBLE  SECURED  HOSPITAL  BORROWER,  ALL COSTS INCURRED IN CONNECTION
WITH THE REFINANCING OF EXISTING INDEBTEDNESS APPROVED  BY  THE  COMMIS-
SIONER PURSUANT TO SECTION 2874-B OF THE PUBLIC HEALTH LAW.
  S  7.  Subdivision  12 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 156 of the laws of 1974, is
amended to read as follows:
  12. "Mortgage loan" shall mean a loan made by the agency to an  eligi-
ble  borrower in an amount not to exceed the total hospital project cost
and secured by a first mortgage lien on the real property of  which  the
hospital  project consists and the personal property attached to or used
in connection with the construction, acquisition, reconstruction,  reha-
bilitation,  improvement or operation of the hospital project. Such loan
may be further secured by such a lien upon other real property owned  by
the  eligible borrower. Notwithstanding the foregoing provisions of this
subdivision or any other provisions of this act  to  the  contrary,  any
personal property may be excluded from the lien of the mortgage provided
(a)  the commissioner [of health] finds that such property is not essen-
tial for the rendition of required hospital services  as  such  term  is
defined  in  article  twenty-eight of the public health law, and (b) the
agency consents to such exclusion.
  The term "mortgage loan" shall also mean and include a  loan  made  by
the  agency to a limited-profit nursing home company in an amount not to
exceed ninety-five [percentum] PER CENTUM of the  nursing  home  project
cost, or to a non-profit nursing home company in an amount not to exceed
the  total  nursing  home  project cost, and secured by a first mortgage
lien on the real property of which the nursing home project consists and

A. 9021--C                          4

the personal property  attached  to  or  used  in  connection  with  the
construction,  acquisition,  reconstruction, rehabilitation, improvement
or operation of the nursing home project. Notwithstanding the  foregoing
provisions of this subdivision or any other provision of this article to
the contrary, any personal property may be excluded from the lien of the
mortgage  provided  (a) the commissioner finds that such property is not
essential for the nursing home project as such term is defined in  arti-
cle twenty-eight-A of the public health law, and (b) the agency consents
to such exclusion.
  THE TERM "MORTGAGE LOAN" SHALL ALSO MEAN AND INCLUDE A LOAN MADE TO AN
ELIGIBLE  SECURED  HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF
THIS SECTION, TO REFINANCE OUTSTANDING  INDEBTEDNESS  PURSUANT  TO  THIS
ACT.
  S  8.  Section  5  of  section  1  of chapter 392 of the laws of 1973,
constituting the New York state medical care facilities  finance  agency
act, is amended by adding a new subdivision 10-d to read as follows:
  10-D.  TO MAKE MORTGAGE LOANS AND PROJECT LOANS TO NON-PROFIT HOSPITAL
CORPORATIONS AND NON-PROFIT MEDICAL CORPORATIONS  CONSTITUTING  ELIGIBLE
SECURED  HOSPITAL  BORROWERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION
THREE OF THIS ACT, AND TO UNDERTAKE COMMITMENTS TO MAKE ANY  SUCH  MORT-
GAGE LOANS AND PROJECT LOANS;
  S  9.  Section  1 of chapter 392 of the laws of 1973, constituting the
New York state medical care facilities finance agency act, is amended by
adding a new section 7-c to read as follows:
  S 7-C. SECURED HOSPITAL PROJECTS RESERVE FUNDS AND APPROPRIATIONS.  1.
SPECIAL  HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF SUBDI-
VISION THREE OF SECTION THREE OF  THIS  ACT,  ISSUED  TO  REFINANCE  THE
PROJECTS  OF ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVI-
SION SIX-C OF SECTION THREE OF THIS ACT, SHALL BE SECURED BY (A) A MORT-
GAGE LIEN, (B) FUNDS AND ACCOUNTS ESTABLISHED UNDER THE BOND RESOLUTION,
(C) THE SECURED HOSPITAL SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS, (D)
THE SECURED HOSPITAL CAPITAL RESERVE FUND OR FUNDS, AND (E) SUCH SERVICE
CONTRACT OR CONTRACTS ENTERED INTO IN ACCORDANCE WITH THE PROVISIONS  OF
SUBDIVISION FOUR OF THIS SECTION.
  2.  (A)  THE  AGENCY  SHALL  ESTABLISH A SECURED HOSPITAL SPECIAL DEBT
SERVICE RESERVE FUND OR FUNDS AND PAY INTO SUCH  FUND  OR  FUNDS  MONEYS
FROM  THE  SECURED HOSPITAL FUND UP TO AN AMOUNT NOT TO EXCEED AN AMOUNT
NECESSARY TO ENSURE THE REPAYMENT OF PRINCIPAL AND INTEREST DUE  ON  ANY
OUTSTANDING  INDEBTEDNESS ON SPECIAL HOSPITAL PROJECTS BONDS, AS DEFINED
IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  FUNDS DEPOSITED IN SUCH SECURED HOSPITAL SPECIAL DEBT SERVICE  RESERVE
FUND OR FUNDS SHALL BE USED IN THE EVENT THAT AN ELIGIBLE SECURED HOSPI-
TAL  BORROWER,  AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS
ACT, FAILS TO MAKE PAYMENTS IN AN AMOUNT SUFFICIENT TO PAY THE  REQUIRED
DEBT  SERVICE  PAYMENTS ON SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  (B) THE AGENCY SHALL, FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDI-
VISION AND FOR THE SUPPORT OF ELIGIBLE SECURED HOSPITAL  BORROWERS,  PAY
INTO  THE  SECURED HOSPITAL FUND CURRENTLY ESTABLISHED AND MAINTAINED BY
THE AGENCY: (I) ALL FUNDS REQUIRED TO BE PAID  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND REGU-
LATIONS PROMULGATED IN SUCH ARTICLE; (II) ANY MORTGAGE INSURANCE PREMIUM
ASSESSED IN AN AMOUNT FIXED AT THE DISCRETION OF THE  AGENCY,  UPON  THE
ISSUANCE  OF  SPECIAL  HOSPITAL  PROJECT  BONDS, AS DEFINED IN PARAGRAPH
(D-1) OF SUBDIVISION THREE OF SECTION  THREE  OF  THIS  ACT;  (III)  ANY
INCOME OR INTEREST EARNED ON OTHER RESERVE FUNDS WHICH THE AGENCY ELECTS

A. 9021--C                          5

TO  TRANSFER  TO  THE  SECURED  HOSPITAL FUND; AND (IV) ANY OTHER MONEYS
WHICH MAY BE MADE AVAILABLE TO THE  AGENCY  FROM  ANY  OTHER  SOURCE  OR
SOURCES.  MONEYS  PAID  INTO  THE  SECURED  HOSPITAL  FUND SHALL, IN THE
DISCRETION OF THE AGENCY, BUT SUBJECT TO AGREEMENTS WITH BONDHOLDERS, BE
USED  TO  FUND THE SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS AT A LEVEL
OR LEVELS WHICH MINIMIZE THE NEED FOR USE OF THE CAPITAL RESERVE FUND OR
FUNDS IN THE EVENT OF  THE  FAILURE  OF  AN  ELIGIBLE  SECURED  HOSPITAL
BORROWER,  AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT,
TO MAKE THE REQUIRED DEBT SERVICE PAYMENTS ON SPECIAL  HOSPITAL  PROJECT
BONDS,  AS  DEFINED  IN  PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION
THREE OF THIS ACT.
  (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B)  OF  THIS
SUBDIVISION,  THE STATE HEREBY EXPRESSLY RESERVES THE RIGHT TO MODIFY OR
REPEAL THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  3. THE AGENCY SHALL ESTABLISH A SECURED HOSPITAL CAPITAL RESERVE  FUND
OR  FUNDS  WHICH  SHALL  BE  FUNDED AT AN AMOUNT OR AMOUNTS EQUAL TO THE
LESSER OF EITHER: (A) THE MAXIMUM  AMOUNT  OF  PRINCIPAL,  SINKING  FUND
PAYMENTS  AND INTEREST DUE IN ANY SUCCEEDING YEAR ON OUTSTANDING SPECIAL
HOSPITAL PROJECT BONDS, AS DEFINED IN  PARAGRAPH  (D-1)  OF  SUBDIVISION
THREE  OF SECTION THREE OF THIS ACT, OR (B) THE MAXIMUM AMOUNT TO ENSURE
THAT SUCH BONDS WILL NOT BE CONSIDERED ARBITRAGE BONDS UNDER THE  INTER-
NAL  REVENUE CODE OF 1986, AS AMENDED. THE CAPITAL RESERVE FUND SHALL BE
FUNDED BY THE SALE OF SPECIAL HOSPITAL  PROJECT  BONDS,  AS  DEFINED  IN
PARAGRAPH  (D-1)  OF  SUBDIVISION THREE OF SECTION THREE OF THIS ACT, OR
FROM SUCH OTHER FUNDS AS MAY BE LEGALLY AVAILABLE FOR SUCH  PURPOSE,  AS
PROVIDED FOR IN THE BOND RESOLUTION OR RESOLUTIONS AUTHORIZING THE ISSU-
ANCE OF SUCH BONDS.
  4. (A) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW TO
THE  CONTRARY, AND SUBJECT TO THE MAKING OF ANNUAL APPROPRIATIONS THERE-
FOR BY THE LEGISLATURE IN ORDER TO REFINANCE MORTGAGE LOANS TO  ELIGIBLE
SECURED  HOSPITAL  BORROWERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION
THREE OF THIS ACT, THE DIRECTOR OF THE BUDGET IS AUTHORIZED IN ANY STATE
FISCAL YEAR TO ENTER INTO ONE OR MORE SERVICE CONTRACTS,  WHICH  SERVICE
CONTRACTS  SHALL  NOT  EXCEED  THE  TERM OF THE SPECIAL HOSPITAL PROJECT
BONDS, ISSUED FOR THE BENEFIT OF THE ELIGIBLE SECURED HOSPITAL BORROWER,
UPON SUCH TERMS AS THE DIRECTOR OF THE BUDGET AND THE AGENCY  AGREE,  SO
AS  TO PROVIDE ANNUALLY TO THE AGENCY IN THE AGGREGATE SUCH SUM, IF ANY,
AS NECESSARY TO MEET  THE  DEBT  SERVICE  PAYMENTS  DUE  ON  OUTSTANDING
SPECIAL  HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF SUBDI-
VISION THREE OF SECTION THREE OF THIS ACT, IN  ANY  YEAR  IF  THE  FUNDS
PROVIDED FOR IN THIS SECTION ARE INADEQUATE.
  (B)  ANY  SERVICE  CONTRACT  ENTERED INTO PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION SHALL PROVIDE (I) THAT THE OBLIGATION OF  THE  DIRECTOR
OF  THE  BUDGET  OR  OF  THE STATE TO FUND OR TO PAY THE AMOUNTS THEREIN
PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING
OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED  EXECU-
TORY  ONLY TO THE EXTENT OF MONEYS AVAILABLE AND THAT NO LIABILITY SHALL
BE INCURRED BY THE STATE BEYOND THE MONEYS AVAILABLE FOR  SUCH  PURPOSE,
AND  THAT  SUCH  OBLIGATION  IS  SUBJECT  TO ANNUAL APPROPRIATION BY THE
LEGISLATURE; AND (II) THAT THE AMOUNTS PAID TO THE  AGENCY  PURSUANT  TO
ANY  SUCH  CONTRACT  MAY  BE  USED  BY  IT SOLELY TO PAY OR TO ASSIST IN
FINANCING COSTS OF MORTGAGE LOANS TO ELIGIBLE SECURED  HOSPITAL  BORROW-
ERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT.
  5.  THE  AGENCY  SHALL  NOT  ISSUE  SPECIAL HOSPITAL PROJECT BONDS, AS
DEFINED IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS

A. 9021--C                          6

ACT, EXCEPT TO REFINANCE MORTGAGE LOANS FOR  ELIGIBLE  SECURED  HOSPITAL
BORROWERS AS PROVIDED IN SECTION THREE OF THIS ACT.
  S  10. Notwithstanding any other provision of this act: (i) reimburse-
ment for interest on any  indebtedness  hereunder  to  be  paid  by  the
medical  assistance  program  established under title 11 of article 5 of
the social services law shall be subject to the availability of  federal
financial  participation;  and  (ii)  the refinancing of a mortgage loan
pursuant to this act shall not alter, affect or change the component  of
medical  assistance  reimbursement applicable to the depreciation of any
asset or assets.
  S 11. The expiration and repeal of sections one through nine  of  this
act  shall  not  affect or impair any bonds or notes issued, or any loan
made to any borrower, pursuant to the provisions of this  act  prior  to
the expiration of these sections.
  S  12.  Section  12  of  chapter 934 of the laws of 1985, amending the
public health law and the New York state medical care facilities finance
agency act relating to authorizing issuance of special hospital  project
bonds  on  behalf  of  certain  secured  hospital borrowers to assist in
providing adequate health care to low  income  persons,  as  amended  by
chapter 639 of the laws of 1996, is amended to read as follows:
  S  12.  This  act  shall  take  effect immediately and shall expire on
[March 1, 1998] DECEMBER 31, 2015; provided, however, that  the  expira-
tion of the provisions of law as amended and added, respectively, by the
provisions  of  this  act  shall  not affect or impair in any manner any
bonds issued, or any mortgage loan made to any eligible borrower, or any
service contract entered into pursuant to the  provisions  of  this  act
prior  to  its  expiration;  and  provided  further,  however,  that the
provisions of this act on and after [September  1,  1997]  DECEMBER  31,
2015 shall apply only to hospitals that have received from the dormitory
authority  of  the  state  of  New York by [such date] SEPTEMBER 1, 1997
acknowledgement and acceptance of an application for financing  pursuant
to this act and have obtained by such date all approvals required pursu-
ant to the public health law for submitting such application.
  S  13.  This act shall take effect immediately; provided that sections
one through nine of this act shall expire and be deemed repealed  Decem-
ber  31,  2015;  provided further, that the secured hospital fund estab-
lished by paragraph (b) of subdivision 2 of section 7-b of the New  York
state  medical  care facilities finance agency act shall not be affected
by such repeal and shall continue in existence.

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2013-A9021D (ACTIVE) - Details

See Senate Version of this Bill:: S7387
Law Section:: Public Health Law
Laws Affected:: Amd §2872, add §2874-b, Pub Health L; amd §§3 & 5, add §7-c, NYS Med Care Fac Fin Ag Act; amd §12, Chap 934 of 1985

2013-A9021D (ACTIVE) - Summary

Relates to the refinancing of outstanding indebtedness of certain not-for-profit hospitals.

2013-A9021D (ACTIVE) - Bill Text download pdf

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

                                 9021--D

                          I N  A S S E M B L Y

                              March 7, 2014
                               ___________

Introduced  by  M.  of  A. DAVILA, CAMARA, COLTON, BROOK-KRASNY, MOSLEY,
  ORTIZ, PICHARDO, SCARBOROUGH, PERRY, CRESPO -- Multi-Sponsored  by  --
  M.  of  A.  ARROYO,  BRENNAN,  HIKIND, LENTOL, PEOPLES-STOKES, RIVERA,
  ROBERTS -- read once and  referred  to  the  Committee  on  Health  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee -- reported and referred to the Committee on Ways and  Means
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee

AN ACT to amend the public health law and the  New  York  state  medical
  care  facilities  finance agency act, in relation to providing for the
  refinancing of  outstanding  indebtedness  of  certain  not-for-profit
  hospitals;  to  amend  chapter  934  of the laws of 1985, amending the
  public health law and the  New  York  state  medical  care  facilities
  finance  agency act relating to authorizing issuance of special hospi-
  tal project bonds on behalf of certain secured hospital  borrowers  to
  assist  in  providing  adequate  health care to low income persons, in
  relation to extending the provisions of such  chapter;  and  providing
  for the repeal of certain provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2872 of the public health law is amended by  adding
a new subdivision 3-b to read as follows:
  3-B.  "ELIGIBLE SECURED HOSPITAL BORROWER".  A NOT-FOR-PROFIT HOSPITAL
CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE, WHICH  HAS  FINANCED
OR  REFINANCED  A  PROJECT  OR  PROJECTS  PURSUANT TO SECTION SEVEN-A OF
SECTION ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS OF  NINETEEN
HUNDRED  SEVENTY-THREE, AND FOR WHICH SPECIAL HOSPITAL PROJECT BONDS, AS
DEFINED IN PARAGRAPH (D)  OF  SUBDIVISION  THREE  OF  SECTION  THREE  OF
SECTION  ONE OF CHAPTER THREE HUNDRED NINETY-TWO OF THE LAWS OF NINETEEN
HUNDRED SEVENTY-THREE, REMAIN OUTSTANDING.

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

                                                           LBD14319-15-4

A. 9021--D                          2

  S 2. The public health law is amended by adding a new  section  2874-b
to read as follows:
  S  2874-B.  REFINANCING  MORTGAGE  LOANS  TO ELIGIBLE SECURED HOSPITAL
BORROWERS. 1. ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED IN  SUBDI-
VISION THREE-B OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-TWO OF THIS ARTI-
CLE,  SHALL  BE  AUTHORIZED TO REFINANCE ANY MORTGAGE LOAN FINANCED WITH
THE  PROCEEDS  OF  SPECIAL  HOSPITAL  PROJECT  BONDS,  WHICH  LOANS  ARE
OUTSTANDING  AS  OF THE EFFECTIVE DATE OF THIS SECTION.  A MORTGAGE LOAN
TO AN ELIGIBLE SECURED HOSPITAL  BORROWER,  AS  DEFINED  IN  SUBDIVISION
THREE-B  OF  SECTION  TWENTY-EIGHT  HUNDRED SEVENTY-TWO OF THIS ARTICLE,
MADE BY THE MEDICAL CARE FACILITIES FINANCE AGENCY,  AND  ANY  SUCCESSOR
THERETO,  MAY BE REFINANCED FOR A TERM NOT LONGER THAN THE TERM APPROVED
BY THE COMMISSIONER PURSUANT TO THIS SECTION OR IF THE BONDS  ISSUED  TO
FINANCE  SUCH MORTGAGE LOAN ARE ISSUED AS TAX-EXEMPT BONDS, SUCH SHORTER
TERM AS IS NECESSARY TO ASSURE THAT THE  INTEREST  ON  BONDS  ISSUED  TO
REFINANCE  THE MORTGAGE LOAN WILL BE EXCLUDABLE FROM THE GROSS INCOME OF
THE HOLDERS THEREOF FOR FEDERAL TAX PURPOSES, PROVIDED THAT IN NO  EVENT
SHALL THE TERM OF SUCH REFINANCING LOAN EXCEED THE REMAINING TERM OF THE
BONDS  BEING  REFUNDED  AND  SHALL INCLUDE ALL COSTS ASSOCIATED WITH THE
REFINANCING OF INDEBTEDNESS. ALL REFINANCING  APPLICATIONS  BY  ELIGIBLE
SECURED  HOSPITAL  BORROWERS  SHALL  BE APPROVED BY THE ELIGIBLE SECURED
HOSPITAL BORROWER'S BOARD AND THE COMMISSIONER.  SUCH REFINANCING APPLI-
CATIONS SHALL INCLUDE ANALYTICAL EVIDENCE SUFFICIENT TO DEMONSTRATE THAT
THE PROPOSED REFINANCING IS BEING  UNDERTAKEN  FOR  THE  FURTHERANCE  OF
SUSTAINING,  MAINTAINING  AND  IMPROVING  THE FINANCIAL CONDITION OF THE
HOSPITAL. SUCH EVIDENCE SHALL INCLUDE BUT IS NOT LIMITED TO:   FINANCIAL
PRO  FORMAS THAT PROJECT THE BORROWER'S REVENUES, EXPENSES AND FINANCIAL
POSITION FOR LIFE OF THE BONDS; THE MAXIMUM MATURITY  OF  THE  REFUNDING
BONDS  DO NOT EXCEED THE MATURITY OF THE BONDS TO BE REFUNDED; NET PRES-
ENT VALUE SAVINGS OF AT LEAST TWO PERCENT  OF  THE  PAR  AMOUNT  OF  THE
REFUNDED  BONDS  AND NET PRESENT VALUE SAVINGS OF AT LEAST TWO TIMES THE
REFUNDING BONDS TOTAL COST OF ISSUANCE, INCLUDING UNDERWRITER'S DISCOUNT
AND CREDIT ENHANCEMENT; OR ANY OTHER ANALYSIS OR INFORMATION THE COMMIS-
SIONER DEEMS NECESSARY TO EVALUATE THE APPLICATION.  AS A  CONDITION  OF
SUCH PRIOR APPROVAL, THE COMMISSIONER SHALL APPROVE THE PRINCIPAL AMOUNT
OF  THE  REFINANCING,  AND  SHALL  REQUIRE THE ELIGIBLE SECURED HOSPITAL
BORROWER TO GIVE THE DEPARTMENT A WRITTEN UNDERTAKING, ACCEPTABLE TO THE
COMMISSIONER, THAT IT WILL NOT CLAIM ADDITIONAL REIMBURSEMENT UNDER  THE
MEDICAL  ASSISTANCE PROGRAM AS ESTABLISHED UNDER TITLE ELEVEN OF ARTICLE
FIVE OF THE SOCIAL SERVICES LAW DUE TO INTEREST PAYMENTS ON  REFINANCING
INDEBTEDNESS.  ANY  SUCH  ADDITIONAL  INTEREST  PAYMENTS  ON  REFINANCED
INDEBTEDNESS COVERED BY SUCH WRITTEN UNDERTAKING SHALL NOT BE CONSIDERED
AS ALLOWABLE COSTS UNDER THE MEDICAL ASSISTANCE PROGRAM AND SHALL NOT BE
INCLUDED IN REIMBURSEMENT RATES OF PAYMENT UNDER ARTICLE TWENTY-EIGHT OF
THIS CHAPTER. SUCH REFINANCING SHALL BE SUBJECT TO SECTION FIFTY-ONE  OF
THE PUBLIC AUTHORITIES LAW.
  2.  THE USE OF ALL SAVINGS RESULTING FROM THE REFINANCING OF AN ELIGI-
BLE SECURED HOSPITAL BORROWER'S MORTGAGE LOAN BY THE ISSUANCE OF REFUND-
ING BONDS, INCLUDING ORIGINAL ISSUE PREMIUM, SHALL  BE  SUBJECT  TO  THE
PRIOR APPROVAL OF THE COMMISSIONER.
  S  3.  Subdivision  3  of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act, is amended by adding a new paragraph (d-1) to read
as follows:
  (D-1) "SPECIAL HOSPITAL PROJECT BONDS" SHALL MEAN BONDS ISSUED  PURSU-
ANT  TO  SECTION  SEVEN-C  OF  THIS  ACT  FOR THE PURPOSE OF REFINANCING

A. 9021--D                          3

OUTSTANDING MORTGAGE LOANS OF ELIGIBLE SECURED  HOSPITAL  BORROWERS,  AS
DEFINED IN SUBDIVISION SIX-C OF THIS SECTION, PURSUANT TO THIS ACT.
  S  4.  Section  3  of  section  1  of chapter 392 of the laws of 1973,
constituting the New York state medical care facilities  finance  agency
act, is amended by adding a new subdivision 6-c to read as follows:
  6-C.  "ELIGIBLE SECURED HOSPITAL BORROWER" SHALL MEAN A NOT-FOR-PROFIT
HOSPITAL CORPORATION ORGANIZED UNDER THE LAWS OF THIS STATE,  WHICH  HAS
FINANCED OR REFINANCED A PROJECT OR PROJECTS PURSUANT TO SECTION SEVEN-A
OF THIS ACT, AND FOR WHICH SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, REMAIN OUTSTANDING.
  S  5.  Subdivision  10 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 803 of the laws of 1984, is
amended to read as follows:
  10. "Hospital project" shall mean a specific work  or  improvement  or
the  refinancing  of  existing  indebtedness which constitutes a lien or
encumbrance upon the real property or assets of the  eligible  borrower,
OR  THE  REFINANCING  OF  EXISTING  INDEBTEDNESS  OF AN ELIGIBLE SECURED
HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF THIS SECTION,  FOR
WHICH  SPECIAL  HOSPITAL  PROJECT  BONDS, AS DEFINED IN PARAGRAPH (D) OF
SUBDIVISION THREE OF THIS SECTION, REMAIN  OUTSTANDING  whether  or  not
such refinancing is related to the construction, acquisition or rehabil-
itation  of  a  specified work or improvement undertaken by a non-profit
hospital corporation or a non-profit medical  corporation,  constituting
an  eligible borrower in accordance with the provisions of article twen-
ty-eight-B of the public health law.
  S 6. Subdivision 11 of section 3 of section 1 of chapter  392  of  the
laws  of  1973,  constituting the New York state medical care facilities
finance agency act, is amended to read as follows:
  11. "Hospital project cost" shall mean the  sum  total  of  all  costs
incurred  by  a  non-profit hospital corporation or a non-profit medical
corporation, constituting an eligible borrower undertaking a project  as
approved  by the commissioner in accordance with the provisions of arti-
cle [twenty-eight-B] 28-B of the public health law, OR, IN  CASE  OF  AN
ELIGIBLE  SECURED  HOSPITAL  BORROWER,  ALL COSTS INCURRED IN CONNECTION
WITH THE REFINANCING OF EXISTING INDEBTEDNESS APPROVED  BY  THE  COMMIS-
SIONER PURSUANT TO SECTION 2874-B OF THE PUBLIC HEALTH LAW.
  S  7.  Subdivision  12 of section 3 of section 1 of chapter 392 of the
laws of 1973, constituting the New York state  medical  care  facilities
finance  agency  act,  as amended by chapter 156 of the laws of 1974, is
amended to read as follows:
  12. "Mortgage loan" shall mean a loan made by the agency to an  eligi-
ble  borrower in an amount not to exceed the total hospital project cost
and secured by a first mortgage lien on the real property of  which  the
hospital  project consists and the personal property attached to or used
in connection with the construction, acquisition, reconstruction,  reha-
bilitation,  improvement or operation of the hospital project. Such loan
may be further secured by such a lien upon other real property owned  by
the  eligible borrower. Notwithstanding the foregoing provisions of this
subdivision or any other provisions of this act  to  the  contrary,  any
personal property may be excluded from the lien of the mortgage provided
(a)  the commissioner [of health] finds that such property is not essen-
tial for the rendition of required hospital services  as  such  term  is
defined  in  article  twenty-eight of the public health law, and (b) the
agency consents to such exclusion.

A. 9021--D                          4

  The term "mortgage loan" shall also mean and include a  loan  made  by
the  agency to a limited-profit nursing home company in an amount not to
exceed ninety-five [percentum] PER CENTUM of the  nursing  home  project
cost, or to a non-profit nursing home company in an amount not to exceed
the  total  nursing  home  project cost, and secured by a first mortgage
lien on the real property of which the nursing home project consists and
the personal property  attached  to  or  used  in  connection  with  the
construction,  acquisition,  reconstruction, rehabilitation, improvement
or operation of the nursing home project. Notwithstanding the  foregoing
provisions of this subdivision or any other provision of this article to
the contrary, any personal property may be excluded from the lien of the
mortgage  provided  (a) the commissioner finds that such property is not
essential for the nursing home project as such term is defined in  arti-
cle twenty-eight-A of the public health law, and (b) the agency consents
to such exclusion.
  THE TERM "MORTGAGE LOAN" SHALL ALSO MEAN AND INCLUDE A LOAN MADE TO AN
ELIGIBLE  SECURED  HOSPITAL BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF
THIS SECTION, TO REFINANCE OUTSTANDING  INDEBTEDNESS  PURSUANT  TO  THIS
ACT.
  S  8.  Section  5  of  section  1  of chapter 392 of the laws of 1973,
constituting the New York state medical care facilities  finance  agency
act, is amended by adding a new subdivision 10-d to read as follows:
  10-D.  TO MAKE MORTGAGE LOANS AND PROJECT LOANS TO NON-PROFIT HOSPITAL
CORPORATIONS AND NON-PROFIT MEDICAL CORPORATIONS  CONSTITUTING  ELIGIBLE
SECURED  HOSPITAL  BORROWERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION
THREE OF THIS ACT, AND TO UNDERTAKE COMMITMENTS TO MAKE ANY  SUCH  MORT-
GAGE LOANS AND PROJECT LOANS;
  S  9.  Section  1 of chapter 392 of the laws of 1973, constituting the
New York state medical care facilities finance agency act, is amended by
adding a new section 7-c to read as follows:
  S 7-C. SECURED HOSPITAL PROJECTS RESERVE FUNDS AND APPROPRIATIONS.  1.
SPECIAL  HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF SUBDI-
VISION THREE OF SECTION THREE OF  THIS  ACT,  ISSUED  TO  REFINANCE  THE
PROJECTS  OF ELIGIBLE SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVI-
SION SIX-C OF SECTION THREE OF THIS ACT, SHALL BE SECURED BY (A) A MORT-
GAGE LIEN, (B) FUNDS AND ACCOUNTS ESTABLISHED UNDER THE BOND RESOLUTION,
(C) THE SECURED HOSPITAL SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS, (D)
THE SECURED HOSPITAL CAPITAL RESERVE FUND OR FUNDS, AND (E) SUCH SERVICE
CONTRACT OR CONTRACTS ENTERED INTO IN ACCORDANCE WITH THE PROVISIONS  OF
SUBDIVISION FOUR OF THIS SECTION.
  2.  (A)  THE  AGENCY  SHALL  ESTABLISH A SECURED HOSPITAL SPECIAL DEBT
SERVICE RESERVE FUND OR FUNDS AND PAY INTO SUCH  FUND  OR  FUNDS  MONEYS
FROM  THE  SECURED HOSPITAL FUND UP TO AN AMOUNT NOT TO EXCEED AN AMOUNT
NECESSARY TO ENSURE THE REPAYMENT OF PRINCIPAL AND INTEREST DUE  ON  ANY
OUTSTANDING  INDEBTEDNESS ON SPECIAL HOSPITAL PROJECTS BONDS, AS DEFINED
IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  FUNDS DEPOSITED IN SUCH SECURED HOSPITAL SPECIAL DEBT SERVICE  RESERVE
FUND OR FUNDS SHALL BE USED IN THE EVENT THAT AN ELIGIBLE SECURED HOSPI-
TAL  BORROWER,  AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS
ACT, FAILS TO MAKE PAYMENTS IN AN AMOUNT SUFFICIENT TO PAY THE  REQUIRED
DEBT  SERVICE  PAYMENTS ON SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
  (B) THE AGENCY SHALL, FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDI-
VISION AND FOR THE SUPPORT OF ELIGIBLE SECURED HOSPITAL  BORROWERS,  PAY
INTO  THE  SECURED HOSPITAL FUND CURRENTLY ESTABLISHED AND MAINTAINED BY
THE AGENCY: (I) ALL FUNDS REQUIRED TO BE PAID  IN  ACCORDANCE  WITH  THE

A. 9021--D                          5

PROVISIONS  OF  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND REGU-
LATIONS PROMULGATED IN SUCH ARTICLE; (II) ANY MORTGAGE INSURANCE PREMIUM
ASSESSED IN AN AMOUNT FIXED AT THE DISCRETION OF THE  AGENCY,  UPON  THE
ISSUANCE  OF  SPECIAL  HOSPITAL  PROJECT  BONDS, AS DEFINED IN PARAGRAPH
(D-1) OF SUBDIVISION THREE OF SECTION  THREE  OF  THIS  ACT;  (III)  ANY
INCOME OR INTEREST EARNED ON OTHER RESERVE FUNDS WHICH THE AGENCY ELECTS
TO  TRANSFER  TO  THE  SECURED  HOSPITAL FUND; AND (IV) ANY OTHER MONEYS
WHICH MAY BE MADE AVAILABLE TO THE  AGENCY  FROM  ANY  OTHER  SOURCE  OR
SOURCES.  MONEYS  PAID  INTO  THE  SECURED  HOSPITAL  FUND SHALL, IN THE
DISCRETION OF THE AGENCY, BUT SUBJECT TO AGREEMENTS WITH BONDHOLDERS, BE
USED TO FUND THE SPECIAL DEBT SERVICE RESERVE FUND OR FUNDS AT  A  LEVEL
OR LEVELS WHICH MINIMIZE THE NEED FOR USE OF THE CAPITAL RESERVE FUND OR
FUNDS  IN  THE  EVENT  OF  THE  FAILURE  OF AN ELIGIBLE SECURED HOSPITAL
BORROWER, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS  ACT,
TO  MAKE  THE REQUIRED DEBT SERVICE PAYMENTS ON SPECIAL HOSPITAL PROJECT
BONDS, AS DEFINED IN PARAGRAPH (D-1) OF  SUBDIVISION  THREE  OF  SECTION
THREE OF THIS ACT.
  (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, THE STATE HEREBY EXPRESSLY RESERVES THE RIGHT TO MODIFY  OR
REPEAL THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  3.  THE AGENCY SHALL ESTABLISH A SECURED HOSPITAL CAPITAL RESERVE FUND
OR FUNDS WHICH SHALL BE FUNDED AT AN AMOUNT  OR  AMOUNTS  EQUAL  TO  THE
LESSER  OF  EITHER:  (A)  THE  MAXIMUM AMOUNT OF PRINCIPAL, SINKING FUND
PAYMENTS AND INTEREST DUE IN ANY SUCCEEDING YEAR ON OUTSTANDING  SPECIAL
HOSPITAL  PROJECT  BONDS,  AS  DEFINED IN PARAGRAPH (D-1) OF SUBDIVISION
THREE OF SECTION THREE OF THIS ACT, OR (B) THE MAXIMUM AMOUNT TO  ENSURE
THAT  SUCH BONDS WILL NOT BE CONSIDERED ARBITRAGE BONDS UNDER THE INTER-
NAL REVENUE CODE OF 1986, AS AMENDED. THE CAPITAL RESERVE FUND SHALL  BE
FUNDED  BY  THE  SALE  OF  SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN
PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF  THIS  ACT,  OR
FROM  SUCH  OTHER FUNDS AS MAY BE LEGALLY AVAILABLE FOR SUCH PURPOSE, AS
PROVIDED FOR IN THE BOND RESOLUTION OR RESOLUTIONS AUTHORIZING THE ISSU-
ANCE OF SUCH BONDS.
  4. (A) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW TO
THE CONTRARY, AND SUBJECT TO THE MAKING OF ANNUAL APPROPRIATIONS  THERE-
FOR  BY THE LEGISLATURE IN ORDER TO REFINANCE MORTGAGE LOANS TO ELIGIBLE
SECURED HOSPITAL BORROWERS, AS DEFINED IN SUBDIVISION SIX-C  OF  SECTION
THREE OF THIS ACT, THE DIRECTOR OF THE BUDGET IS AUTHORIZED IN ANY STATE
FISCAL  YEAR  TO ENTER INTO ONE OR MORE SERVICE CONTRACTS, WHICH SERVICE
CONTRACTS SHALL NOT EXCEED THE TERM  OF  THE  SPECIAL  HOSPITAL  PROJECT
BONDS, ISSUED FOR THE BENEFIT OF THE ELIGIBLE SECURED HOSPITAL BORROWER,
UPON  SUCH  TERMS AS THE DIRECTOR OF THE BUDGET AND THE AGENCY AGREE, SO
AS TO PROVIDE ANNUALLY TO THE AGENCY IN THE AGGREGATE SUCH SUM, IF  ANY,
AS  NECESSARY  TO  MEET  THE  DEBT  SERVICE  PAYMENTS DUE ON OUTSTANDING
SPECIAL HOSPITAL PROJECT BONDS, AS DEFINED IN PARAGRAPH (D-1) OF  SUBDI-
VISION  THREE  OF  SECTION  THREE  OF THIS ACT, IN ANY YEAR IF THE FUNDS
PROVIDED FOR IN THIS SECTION ARE INADEQUATE.
  (B) ANY SERVICE CONTRACT ENTERED INTO PURSUANT  TO  PARAGRAPH  (A)  OF
THIS  SUBDIVISION  SHALL PROVIDE (I) THAT THE OBLIGATION OF THE DIRECTOR
OF THE BUDGET OR OF THE STATE TO FUND OR  TO  PAY  THE  AMOUNTS  THEREIN
PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING
OF  ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECU-
TORY ONLY TO THE EXTENT OF MONEYS AVAILABLE AND THAT NO LIABILITY  SHALL
BE  INCURRED  BY THE STATE BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE,
AND THAT SUCH OBLIGATION IS  SUBJECT  TO  ANNUAL  APPROPRIATION  BY  THE
LEGISLATURE;  AND  (II)  THAT THE AMOUNTS PAID TO THE AGENCY PURSUANT TO

A. 9021--D                          6

ANY SUCH CONTRACT MAY BE USED BY IT  SOLELY  TO  PAY  OR  TO  ASSIST  IN
FINANCING  COSTS  OF MORTGAGE LOANS TO ELIGIBLE SECURED HOSPITAL BORROW-
ERS, AS DEFINED IN SUBDIVISION SIX-C OF SECTION THREE OF THIS ACT.
  5.  THE  AGENCY  SHALL  NOT  ISSUE  SPECIAL HOSPITAL PROJECT BONDS, AS
DEFINED IN PARAGRAPH (D-1) OF SUBDIVISION THREE OF SECTION THREE OF THIS
ACT, EXCEPT TO REFINANCE MORTGAGE LOANS FOR  ELIGIBLE  SECURED  HOSPITAL
BORROWERS AS PROVIDED IN SECTION THREE OF THIS ACT.
  S  10. Notwithstanding any other provision of this act: (i) reimburse-
ment for interest on any  indebtedness  hereunder  to  be  paid  by  the
medical  assistance  program  established under title 11 of article 5 of
the social services law shall be subject to the availability of  federal
financial  participation;  and  (ii)  the refinancing of a mortgage loan
pursuant to this act shall not alter, affect or change the component  of
medical  assistance  reimbursement applicable to the depreciation of any
asset or assets.
  S 11. The expiration and repeal of sections one through nine  of  this
act  shall  not  affect or impair any bonds or notes issued, or any loan
made to any borrower, pursuant to the provisions of this  act  prior  to
the expiration of these sections.
  S  12.  Section  12  of  chapter 934 of the laws of 1985, amending the
public health law and the New York state medical care facilities finance
agency act relating to authorizing issuance of special hospital  project
bonds  on  behalf  of  certain  secured  hospital borrowers to assist in
providing adequate health care to low  income  persons,  as  amended  by
chapter 639 of the laws of 1996, is amended to read as follows:
  S  12.  This  act  shall  take  effect immediately and shall expire on
[March 1, 1998] DECEMBER 31, 2015; provided, however, that  the  expira-
tion of the provisions of law as amended and added, respectively, by the
provisions  of  this  act  shall  not affect or impair in any manner any
bonds issued, or any mortgage loan made to any eligible borrower, or any
service contract entered into pursuant to the  provisions  of  this  act
prior  to  its  expiration;  and  provided  further,  however,  that the
provisions of this act on and after [September  1,  1997]  DECEMBER  31,
2015 shall apply only to hospitals that have received from the dormitory
authority  of  the  state  of  New York by [such date] SEPTEMBER 1, 1997
acknowledgement and acceptance of an application for financing  pursuant
to this act and have obtained by such date all approvals required pursu-
ant to the public health law for submitting such application.
  S  13.  This act shall take effect immediately; provided that sections
one through nine of this act shall expire and be deemed repealed  Decem-
ber  31,  2015;  provided further, that the secured hospital fund estab-
lished by paragraph (b) of subdivision 2 of section 7-b of the New  York
state  medical  care facilities finance agency act shall not be affected
by such repeal and shall continue in existence.

Assembly Bill A9021D

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 20, 2014 - Floor Vote

Floor Vote: Jun 20, 2014

Bill Amendments

2013-A9021 - Details

2013-A9021 - Summary

2013-A9021 - Bill Text download pdf

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multi-Sponsors

2013-A9021A - Details

2013-A9021A - Summary

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2013-A9021B - Details

2013-A9021B - Summary

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multi-Sponsors

2013-A9021C - Details

2013-A9021C - Summary

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2013-A9021D (ACTIVE) - Details

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Assembly Bill A9021D

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Sponsored By

DAVILA

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2013-A9021 - Details

2013-A9021 - Summary

2013-A9021 - Bill Text download pdf

co-Sponsors

Karim Camara

William Colton

Alec Brook-Krasny

Walter T. Mosley

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Dov Hikind

Joseph Lentol

2013-A9021A - Details

2013-A9021A - Summary

2013-A9021A - Bill Text download pdf

co-Sponsors

Karim Camara

William Colton

Alec Brook-Krasny

Walter T. Mosley

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Dov Hikind

Joseph Lentol

2013-A9021B - Details

2013-A9021B - Summary

2013-A9021B - Bill Text download pdf

co-Sponsors

Karim Camara

William Colton

Alec Brook-Krasny

Walter T. Mosley

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Dov Hikind

Joseph Lentol

2013-A9021C - Details

2013-A9021C - Summary

2013-A9021C - Bill Text download pdf

co-Sponsors

Karim Camara

William Colton

Alec Brook-Krasny

Walter T. Mosley

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Dov Hikind

Joseph Lentol

2013-A9021D (ACTIVE) - Details

2013-A9021D (ACTIVE) - Summary

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