senate Bill S5739B

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2016 print number 5739b
Feb 11, 2016 amend and recommit to health
Jan 06, 2016 referred to health
returned to senate
died in assembly
Jun 16, 2015 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1641
committee discharged and committed to rules
Jun 12, 2015 print number 5739a
Jun 12, 2015 amend and recommit to health
Jun 01, 2015 referred to health

S5739 (ACTIVE) - Details

See Assembly Version of this Bill:
A7993
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2808, Pub Health L

S5739 (ACTIVE) - Summary

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

S5739 (ACTIVE) - Sponsor Memo

S5739 (ACTIVE) - Bill Text download pdf

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

                                  5739

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to rates  of  payment
  to residential health care facilities based on the historical costs to
  the owner

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

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

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

S5739A (ACTIVE) - Details

See Assembly Version of this Bill:
A7993
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2808, Pub Health L

S5739A (ACTIVE) - Summary

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

S5739A (ACTIVE) - Sponsor Memo

S5739A (ACTIVE) - Bill Text download pdf

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

                                 5739--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to rates of payment
  to residential health care facilities based on the historical costs to
  the owner

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11453-05-5

S5739B (ACTIVE) - Details

See Assembly Version of this Bill:
A7993
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2808, Pub Health L

S5739B (ACTIVE) - Summary

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

S5739B (ACTIVE) - Sponsor Memo

S5739B (ACTIVE) - Bill Text download pdf

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

                                 5739--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Health in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the public health law, in relation to rates of payment
  to residential health care facilities based on the historical costs to
  the owner

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11453-06-6

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