Assembly Bill A11062

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11062
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to amend the public health law, in relation to capital upgrades
   to certain residential health care facilities
 
   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; AND FURTHER PROVIDED THAT FOR ANY
 RENOVATION OR NEW CONSTRUCTION OF A  RESIDENTIAL  HEALTH  CARE  FACILITY
 WHICH  COMMENCES ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, THERE
 SHALL BE NO MINIMUM EQUITY REQUIREMENTS IN EXCESS OF 10 PERCENT OF TOTAL
 PROJECT COSTS OR PER BED LIMITATIONS ON TOTAL PROJECT COSTS UTILIZED  IN
 THE DETERMINATION OF PAYMENTS FOR REAL PROPERTY COSTS UNDER THIS ARTICLE
 FOR  THE  FOLLOWING FACILITIES: (I) ANY FACILITY WHICH RECEIVED AN AWARD
 PURSUANT TO SECTIONS TWENTY-EIGHT  HUNDRED  TWENTY-FIVE-F,  TWENTY-EIGHT
 HUNDRED  TWENTY-FIVE-G  OR  TWENTY-EIGHT  HUNDRED  TWENTY-FIVE-H OF THIS
 ARTICLE; AND (II) ANY NON-STATE OPERATED PUBLIC RESIDENTIAL HEALTH  CARE
 FACILITY.  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 amorti-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15555-01-6
              

 A. 11062                            2
 
 zation where the payment therefor has been  provided  by  real  property
 cost reimbursement.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (d) of subdivision 2-a of  section  2808  of
 the  public  health law made by section one of this act shall be subject
 to the expiration and repeal of such paragraph and shall expire  and  be
 deemed repealed therewith.