NY Pub Health L § 2852 (2021)
2021 New York Laws PBH - Public Health Article 28-A - Nursing Home Companies 2852 - Definitions.

§  2852.  Definitions. As used in this article the following words and   phrases shall have the following meanings unless a different meaning  is   plainly required by the context:1.  "Commissioner".  The  commissioner  of  health of the state of New   York.2. "Company." "Nursing home  company."    A  non-profit  nursing  home   company,   duly   incorporated   pursuant   to  the  provisions  of  the   not-for-profit corporation law and this  article,  or  a  limited-profit   nursing  home  company  duly  incorporated pursuant to the provisions of   this article for the purpose of providing nursing  home  accommodations,   including  board  and nursing care by or under the supervision of a duly   licensed physician to sick, invalid, infirm,  disabled  or  convalescent   persons  of low income or of providing health-related service as defined   in article twenty-eight of this chapter to persons of low income, or any   combination of the foregoing, and  in  addition  thereto,  of  providing   nursing  care  and health-related service, or either of them, to persons   of low income who are not occupants  of  the  project,  and  such  other   facilities  as  may  be  deemed by the commissioner to be incidental and   appurtenant thereto.3. "Project." "Nursing home project." A specific work or  improvement,   including  lands,  buildings,  improvements,  fixtures  and  articles of   personal property, acquired, constructed, rehabilitated, managed,  owned   or  operated  by  a  company pursuant to this article to provide nursing   home accommodations, including board and nursing care by  or  under  the   supervision  of  a  duly  licensed  physician  to sick, invalid, infirm,   disabled  or  convalescent  persons  of  low  income  or  of   providing   health-related  service  as  defined  in  article  twenty-eight  of this   chapter to persons of low income, or any combination of  the  foregoing,   or such care or service and hospital service, and in addition thereto of   providing nursing care and health-related service, or either of them, or   such care and service and hospital service, to persons of low income who   are  not  occupants  of the project, and such other facilities as may be   deemed by the commissioner to be incidental and appurtenant thereto.4. "Project cost". "Nursing home project cost". The sum total  of  all   costs  incurred  by  a  company  as  approved  by  the  commissioner  as   reasonable and necessary for carrying out all works and undertakings and   providing all necessary equipment for the development of a project  less   any  portion  of any state, federal or municipal assistance grant as the   commissioner shall, prior to the making of a loan by the New York  state   housing  finance  agency  or  the New York state medical care facilities   finance agency, as the case may  be,  to  a  company,  determine  to  be   available to reimburse the company for the payment of such project costs   prior  to  the initial occupancy of the project. These shall include but   are not necessarily limited to the carrying charges during  construction   or  rehabilitation  up  to  and  including  the  occupancy date, working   capital not exceeding three per centum of the estimated  total  cost  or   three  per  centum  of the actual total final cost, whichever is larger,   the cost of all necessary studies, surveys,  plans  and  specifications,   architectural, engineering, legal or other special services, the cost of   acquisition  of  land  and  any buildings and improvements thereon, site   preparation and development, construction, reconstruction and equipment,   including  fixtures,  equipment,  and  articles  of  personal   property   required  for  the  operation  of  lodging,  board,  medical and nursing   treatment facilities, the reasonable cost of financing incurred  by  the   company  in  the  course  of  the  development of the project, up to and   including the occupancy date, the fees imposed by the  commissioner  and   by  the  New  York  state  housing  finance agency or the New York state   medical care facilities finance agency, as the case may be;  other  fees    charged,  and necessary expenses incurred in connection with the initial   occupancy of the project, and the  cost  of  such  other  items  as  the   commissioner  may  determine  to  be  reasonable  and  necessary for the   development  of a project, less any and all rents and other net revenues   from the operation  of  the  real  property,  improvements  or  personal   property on the project site, or any part thereof, by the company on and   after  the  date  on  which the contract between the company and the New   York state housing finance agency or the New  York  state  medical  care   facilities  finance  agency,  as  the  case may be, was entered into and   prior to the occupancy date.5. "Occupancy date". The date defined in the document providing for  a   loan  between a company and the New York state housing finance agency or   the New York state medical care facilities finance agency, as  the  case   may be.6.  "Loan".  As  used  in  this  article,  a  loan shall mean either a   mortgage loan or a project loan, each as defined in the New  York  state   medical  care  facilities  finance  agency  act, made by the agency to a   nursing home company, as defined in the  New  York  state  medical  care   facilities finance agency act.