Senate Bill S10177

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10177
 
                             I N  S E N A T E
 
                                May 4, 2026
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- 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  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
              

 S. 10177                            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.