Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2805-E
Reports of residential health care facilities
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2805-e. Reports of residential health care facilities. 1. Every
residential health care facility operating under the provisions of this
article shall, within one hundred twenty days after the end of its
fiscal year, file an annual report with the commissioner of health. Said
annual report shall be in such form and shall contain such information
as shall be prescribed by the commissioner of health, including the
following:

(a) A balance sheet of the facility as of the end of such fiscal year,
setting forth assets and liabilities at such date, including all
capital, surplus, reserve, depreciation and similar accounts.

(b) A statement of operations of the facility for such fiscal year,
setting forth all revenues, expenses, taxes, extraordinary items and
other credits or charges.

(c) The name and address of each of the following persons:

(i) the operator of the facility;

(ii) any person who, directly or indirectly, beneficially owns any
interest in the land on which the facility is located;

(iii) any person who, directly or indirectly, beneficially owns any
interest in the building in which the facility is located;

(iv) any person who, directly or indirectly, beneficially owns any
interest in any mortgage, note, deed of trust or other obligation
secured in whole or in part by the land on which or building in which
the facility is located; and

(v) any person who, directly or indirectly, has any interest as lessor
or lessee in any lease or sub-lease of the land on which or the building
in which the facility is located.

(d) If the facility or any person named in response to paragraph (c)
is a partnership, then the name and address of each partner.

(e) If the facility or any person named in response to paragraph (c)
is a corporation, other than a corporation whose shares are traded on a
national securities exchange or are regularly quoted in an
over-the-counter market or which is a commercial bank, savings bank or
savings and loan association, then the name and address of each officer,
director, stockholder, and, if known, each principal stockholder and
controlling person of such corporation.

(f) If any corporation named in response to paragraph (c) is a
corporation whose shares are traded on a national securities exchange or
are regularly quoted in an over-the-counter market or which is a
commercial bank, savings bank or savings and loan association, then the
name and address of the principal executive officers and each director
and, if known, each principal stockholder of such corporation.

(g) If the facility paid or received an aggregate of five hundred
dollars or more during the fiscal year in connection with transactions
with any person named in response to paragraphs (c), (d), (e) or (f) or
any affiliate of said person, a description of the transactions, naming
the parties thereto and describing the relationships which require the
transactions to be described and the goods, services, payment or other
consideration received by each party to the transactions.

(h) If known, the nature and amount of any interest in, or
relationship with, any other residential health care facility, held by
any person named in response to paragraph (c) above, or by any affiliate
of such person.

2. The following definitions shall be applicable to this section and
to any reports filed pursuant hereto:

(a) "Affiliate" means:

(i) with respect to a partnership, each partner thereof;

(ii) with respect to a corporation, each officer, director, principal
stockholder and controlling person thereof;

(iii) with respect to a natural person (a) each member of said
person's immediate family, (b) each partnership and each partner thereof
of which said person or any affiliate of said person is a partner, and
(c) each corporation in which said person or any affiliate of said
person is an officer, director, principal stockholder or controlling
person.

(b) "Controlling person" of any corporation, partnership or other
entity means any person who by reason of a direct or indirect ownership
interest (whether of record or beneficial) has the ability, acting
either alone or in concert with others with ownership interests, to
direct or cause the direction of the management or policies of said
corporation, partnership or other entity. Neither the commissioner nor
any employee of the department nor any member of a local legislative
body of a county or municipality, nor any county or municipal official
except when acting as the administrator of a residential health care
facility, shall by reason of his or her official position, be deemed a
controlling person of any corporation, partnership or other entity nor
shall any person who serves as an officer, administrator or other
employee of any corporation, partnership or other entity or as a member
of a board of directors or trustees of any corporation be deemed to be a
controlling person of such corporation, partnership or other entity as a
result of such position or his or her official actions in such position.

(c) "Immediate family" of any person includes each parent, child,
spouse, brother, sister, first cousin, aunt and uncle of such person,
whether such relationship arises by reason of birth, marriage or
adoption.

(d) "Principal stockholder" of a corporation means any person who
beneficially owns, holds or has the power to vote, ten percent or more
of any class of securities issued by said corporation.

3. Every report filed by a residential health care facility pursuant
to this section shall contain a written statement, sworn to by or on
behalf of such facility and the operator of such facility, to the effect
that the report is, to the best of such person's knowledge, true and
complete and prepared in accordance with the provisions of this section.