reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2861 - Transfer of Real Property.

§  2861. Transfer of real property. Notwithstanding any requirement of
  law to the contrary or any provision of any general,  special  or  local
  law,  charter  or  ordinance,  every  executor,  administrator, trustee,
  guardian or other person holding trust funds or acting  in  a  fiduciary
  capacity,  unless  the  instrument  under which such fiduciary is acting
  expressly forbids, and the state, its subdivisions, municipalities,  all
  other  public  bodies,  all  public  officers, persons, partnerships and
  corporations owning or holding any real property, may grant, sell, lease
  or otherwise transfer any such real property or interest  therein  to  a
  nursing  home  company and receive and hold any cash, exchanged therefor
  by such company and may execute such instruments and do such acts as may
  be deemed necessary or desirable by them or it and  by  the  company  in
  connection  with  a project or projects and such sale, lease or transfer
  may be made without public auction or bidding; provided,  however,  that
  where   such  real  property  is  within  an  urban  renewal  area,  the
  disposition thereof shall  be  in  accordance  with  the  provisions  of
  paragraph  (d)  of  subdivision two of section five hundred seven of the
  general municipal law.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2863 - Payment Out of Earnings of Limited-Profit Nursing Home Companies.

§  2863.  Payment  out  of  earnings  of  limited-profit  nursing home
  companies. There shall be paid annually  out  of  the  earnings  of  the
  limited-profit  nursing  home  company,  after  providing for all taxes,
  assessments and expenses, a sum for interest on an amortization  of  the
  mortgage  indebtedness  of  all  mortgages  of the company, depreciation
  charges and reserves if, when and to the extent deemed necessary by  the
  commissioner,  plus  a  dividend of six per centum on outstanding shares
  and interest not exceeding six per centum on the outstanding  debentures
  of  the  company;  the  obligation  in respect to such payments shall be
  cumulative, and any deficiency in interest, amortization,  depreciation,
  reserves,  if  any,  and dividends in any year shall be paid either from
  any cash surplus derived from earnings remaining in the treasury of such
  company in excess of the amount necessary  to  provide  such  cumulative
  annual  sums  or  from the first available earnings in subsequent years.
  If, at the end of any three  year  period,  the  gross  receipts  should
  exceed the payments or charges necessary for the purposes of the project
  or  projects  and  are  not needed for a sinking fund, reserves or other
  purposes,  the  balance  may  be  paid  in  further  reduction  of   any
  indebtedness to the extent and upon terms and conditions approved by the
  commissioner.  A  sinking  fund may be authorized by the commissioner to
  purchase and retire debentures or shares  of  the  company  at  a  price
  approved  by  the  commissioner  not  exceeding  par  value thereof with
  accrued or unpaid dividends or interest or, if it is  not  practical  to
  purchase  such shares or debentures at a price so approved, the money in
  such sinking fund may be added to  the  surplus  of  such  company.  Any
  shares  or  debentures  purchased  out  of  such  sinking  fund shall be
  cancelled and shall not be reissued.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2864 - Tax Exemptions of Limited-Profit Nursing Home Companies.

§  2864. Tax exemptions of limited-profit nursing home companies.  The
  real property in a project of  a  limited-profit  nursing  home  company
  shall  be  exempt  from  all  local  and  municipal  taxes,  other  than
  assessments for local improvements, to the extent of the  value  of  the
  property included in any such project as represents an increase over the
  assessed  valuation  of  the  real property, both land and improvements,
  acquired for  the  project  on  the  date  of  its  acquisition  by  the
  limited-profit nursing home company. The tax exemption shall operate and
  continue  so  long  as  the  mortgage 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 the limited-profit nursing home company
  is outstanding but in no event for a period of more than  thirty  years,
  commencing  in  each  instance  from  the  date  when the limited-profit
  nursing  home  company  first  acquired  such  property.  If  a  project
  qualifying  for  a  tax exemption pursuant to this section is sold, with
  the approval of the commissioner, to another limited-profit nursing home
  company, such successor company shall be entitled to  all  the  benefits
  granted  by this section. In the event that such sale is to a non-profit
  nursing home company, such successor company shall be  entitled  to  all
  the  benefits  provided  by  section four hundred twenty-two of the real
  property tax law. Local and municipal taxes, for the  purposes  of  this
  section,  shall  mean  taxes  levied  by  a county, city, village, town,
  school and special district but shall not include assessments for  local
  improvements.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2865 - Voluntary Dissolution.

§  2865. Voluntary dissolution. 1. At any time after the expiration of
  twenty years after the occupancy date, or such earlier date as the bonds
  issued by the New York state housing finance  agency  or  the  New  York
  state  medical  care facilities finance agency, as the case may be, with
  respect to the project are subject  to  redemption,  a  company  may  be
  voluntarily  dissolved,  with  the  consent  of  the  commissioner, upon
  repayment in full of all obligations under the mortgage and  payment  of
  all obligations of the company, as approved by the commissioner.
2.  Upon  such  dissolution,  title of the project of a limited-profit
  nursing home company may be conveyed in fee to the owner  or  owners  of
  its  shares or to any other entity authorized by law designated by it or
  them for  the  purpose,  provided,  however,  that  prior  to  any  such
  dissolution  and  conveyance,  payment  shall  be  made  of  all current
  operating expenses, taxes, indebtedness and all accrued interest thereon
  and the par value of and accrued dividends on the outstanding shares  of
  such  company,  if  any.  After such dissolution and conveyance, or such
  reconstitution, the provisions of  this  article  shall  become  and  be
  inapplicable  to  any  such  project  and any tax exemption granted with
  respect to such  project  pursuant  to  this  article  shall  cease  and
  terminate.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2866 - Foreclosures and Judgments.

§  2866.  Foreclosures and judgments. 1. In any foreclosure action the
  commissioner shall be made a party defendant. He shall  take  all  steps
  necessary  to  protect  the interests of the public therein and no costs
  shall be awarded against him. Foreclosures shall not be  decreed  unless
  the  court  to  which  application  is  made shall be satisfied that the
  interests of the lienholder or  holders  cannot  be  adequately  assured
  except  by  the  sale of the property. In any such proceeding, the court
  shall be authorized to appoint  the  commissioner  as  receiver  of  the
  property, or to grant such other and further relief as may be reasonable
  and proper.
2.  Notwithstanding the foregoing provisions of this section, wherever
  it shall appear that the New York state housing finance  agency  or  the
  New  York state medical care facilities finance agency shall have loaned
  on a mortgage which is a lien upon any  such  property,  such  New  York
  state  housing  finance agency or New York state medical care facilities
  finance agency, as  the  case  may  be,  shall  have  all  the  remedies
  available  to  a mortgagee under the laws of the state of New York, free
  from any  restrictions  contained  in  this  section,  except  that  the
  commissioner  shall  be made a party defendant and that the commissioner
  shall take all steps necessary to protect the interests  of  the  public
  and no costs shall be awarded against him.
3.  In  the  event  of  a judgment against a company in any action not
  pertaining to the collection of a mortgage indebtedness, there shall  be
  no  sale  of  any of the real property of such company except upon sixty
  days' written notice to the commissioner and the New York state  housing
  finance  agency  or  the  New York state medical care facilities finance
  agency, as the case may be. Upon receipt of such notice the commissioner
  and the agency shall take such steps as in its judgment may be necessary
  to protect the rights of all parties.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2868 - Fees and Charges.

§ 2868. Fees and charges. The commissioner may by regulation establish
  and charge to any nursing home company, for the period of occupancy date
  to mortgage discharge, a fee for inspection, regulation, supervision and
  audit  not  to annually exceed two-tenths of one percent of the mortgage
  loan to recover the departmental costs in performing these functions  in
  relation  to  any  nursing home project financed or refinanced by a loan
  made under this article prior to April  first,  two  thousand  fourteen.
  Notwithstanding  the  foregoing, no such fee shall be charged or payable
  pursuant to this section with respect to a nursing home project financed
  or refinanced with bonds issued on or after April  first,  two  thousand
  fourteen.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2869 - Separability.

§  2869.  Separability.  If any clause, sentence, paragraph or part of
  this article shall be adjudged by any court of competent jurisdiction to
  be invalid, such judgment shall not affect,  impair  or  invalidate  the
  remainder thereof, but shall be confined in its operation to the clause,
  sentence,  paragraph,  section  or part thereof directly involved in the
  controversy in which such judgment shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2871 - Policy and Purposes of Article.

§  2871.  Policy  and  purposes  of  article. Many hospitals and other
  health facilities throughout the state are becoming obsolete and are  no
  longer  adequate  to  meet  the needs of modern medicine. As a result of
  rapid  technological  changes,  such  facilities   require   substantial
  structural or functional changes.  Others are unsuited for continued use
  by  virtue  of  their location and the physical characteristics of their
  existing plants and should be replaced.  Such  inadequate  and  outmoded
  facilities  deny  to the people of the state the benefits of health care
  of  the  highest  quality,  efficiently  and  promptly  provided  at   a
  reasonable  cost.    Their replacement and modernization is essential to
  protect and prolong the lives  of  the  state's  population  and  cannot
  readily  be  accomplished  by  the ordinary unaided operation of private
  enterprise.
It is the purpose of this article to encourage the timely construction
  and modernization, including the equipment, of hospital and other health
  facilities, which are necessary for the diagnosis or treatment of  human
  disease,  pain, injury, disability, deformity or physical condition, and
  of facilities incidental or  appurtenant  thereto,  with  mortgage  loan
  participation  by  the  New  York  state  housing finance agency, all in
  furtherance of article seventeen  of  the  constitution.  It  is  hereby
  declared  to  be  the  policy of the state to encourage the provision of
  modern, well-equipped health facilities, and such  provision  is  hereby
  declared to be a public use and purpose.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2874-A - Mortgage Loans to Eligible Secured Hospital Borrowers.

* §  2874-a.  Mortgage  loans  to eligible secured hospital borrowers.
  Except as specified herein, eligible secured hospital borrowers shall be
  subject to all of the  requirements  to  which  eligible  borrowers  are
  subject  under this article. Mortgage loans to eligible secured hospital
  borrowers shall be subject to the following criteria:
1. The medical  care  facilities  finance  agency  shall  not  make  a
  mortgage   loan  to  eligible  secured  hospital  borrowers  unless  the
  commissioner has recommended the  project  based  on  public  need,  the
  hospital  discloses  the  financial  resources  available to it, and the
  hospital complies with the provisions of article  twenty-eight  of  this
  chapter.  In  considering the financial resources available to support a
  project, the commissioner shall take into account programs  designed  to
  offset  eligible  secured hospital borrowers' past and current unmet bad
  debt and charity care losses.
2. A mortgage loan to an eligible secured hospital  borrower  made  by
  the  medical  care  facilities finance agency shall not exceed an amount
  equal to one hundred percent of the total  project  costs,  which  costs
  shall  include all costs associated with the refinancing of indebtedness
  attributable to unmet bad debt and charity care losses.  To  ensure  the
  timely  repayment  of the principal and interest due on the indebtedness
  relating  to  such  refinancings,   the   commissioner   may   authorize
  reimbursement to eligible secured hospital borrowers for capital related
  expenses including but not limited to depreciation, rentals and interest
  on  capital  debt  and  may  advance the payment of depreciation to such
  borrowers as needed.
* NB Expired December 31, 2015
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2875 - Conditions and Security for Loans.

§  2875.  Conditions  and security for loans. No loan shall be made by
  the agency to an eligible borrower until the commissioner  has  approved
  the project and finds that:
1.  The  eligible  borrower has complied with all of the provisions of
  article twenty-eight of this chapter and this article;
2. The plans and specifications conform to  the  requirements  of  all
  laws  and regulations applicable thereto and assure adequate light, air,
  sanitation and fire protection and are satisfactory to him;
3. The estimated revenue of the project or from  other  funds  of  the
  eligible borrower pledged, assigned or otherwise to be made available to
  the  agency  will be sufficient to cover all probable costs of operation
  and maintenance, of fixed charges and such reserves as may be authorized
  by the commissioner or required by the agency;
4. Provision has been made  for  the  purpose  of  providing  for  the
  payment  of  the  difference  between the estimated project cost and the
  loan; and in the event the final project cost shall exceed the estimated
  project cost, the difference between such final  project  cost  and  the
  loan;
5.  The  eligible  borrower  has  entered  into a regulatory agreement
  pursuant to section twenty-eight hundred seventy-three of this article.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2876 - Occupancy or Other Rates.

§ 2876. Occupancy or other rates. An eligible borrower shall, with the
  approval  of  the commissioner, fix rates to be charged for occupancy or
  other use of each project.   The commissioner upon his  own  motion,  or
  upon  application  by  the  eligible borrower or lienholder may vary the
  amount of such charge from time to time so as to secure,  together  with
  all other income of the eligible borrower pledged, assigned or otherwise
  made  available  to  the  agency,  sufficient  income  to  meet,  within
  reasonable limits, all necessary payments by the said eligible  borrower
  of all expenses, including fixed charges, sinking funds and reserves.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2877 - Transfer of Real Property.

§  2877. Transfer of real property. Notwithstanding any requirement of
  law to the contrary or any provision of any general,  special  or  local
  law,  charter  or  ordinance,  every  executor,  administrator, trustee,
  guardian or other person holding trust funds or acting  in  a  fiduciary
  capacity,  unless  the  instrument  under which such fiduciary is acting
  expressly forbids, and the state, its subdivisions, municipalities,  all
  other  public  bodies,  all  public  officers, persons, partnerships and
  corporations owning or holding any real property, may grant, sell, lease
  or otherwise transfer any such real property or interest therein  to  an
  eligible  borrower  and receive and hold any cash, exchanged therefor by
  such an eligible borrower and may execute such instruments and  do  such
  acts  as  may  be deemed necessary or desirable by them or it and by the
  eligible borrower in connection with a  project  or  projects  and  such
  sale,  lease  or transfer may be made without public auction or bidding;
  provided, however, that where such real  property  is  within  an  urban
  renewal  area  the  disposition  thereof shall be in accordance with the
  provisions of paragraph (d) of subdivision two of section  five  hundred
  seven of the general municipal law.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2879 - Foreclosures and Judgments.

§  2879.  Foreclosures and judgments. 1. In any foreclosure action the
  commissioner shall be made a party defendant. He shall  take  all  steps
  necessary  to  protect  the interests of the public therein and no costs
  shall be awarded against him. Foreclosures shall not be  decreed  unless
  the  court  to  which  application  is  made shall be satisfied that the
  interests of the lienholder or  holders  cannot  be  adequately  assured
  except  by  the  sale of the property. In any such proceeding, the court
  shall be authorized to appoint  the  commissioner  as  receiver  of  the
  property, or to grant such other and further relief as may be reasonable
  and proper.
2.  Notwithstanding the foregoing provisions of this section, wherever
  it shall appear that the agency shall have loaned on a mortgage which is
  a lien upon any such property, such agency shall have all  the  remedies
  available  to  a mortgagee under the laws of the state of New York, free
  from any  restrictions  contained  in  this  section,  except  that  the
  commissioner  shall  be made a party defendant and that the commissioner
  shall take all steps necessary to protect the interests  of  the  public
  and no costs shall be awarded against him.
3.  In  the  event  of  a judgment against an eligible borrower in any
  action not pertaining to the  collection  of  a  mortgage  indebtedness,
  there  shall  be  no  sale  of any of the real property of such eligible
  borrower except upon sixty days' written notice to the commissioner  and
  the  agency. Upon receipt of such notice the commissioner and the agency
  shall take such steps as in its judgment may be necessary to protect the
  rights of all parties.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2881 - Fees and Charges.

§  2881.  Fees  and  charges.  The  commissioner  may,  by regulation,
  establish  and  charge  to  eligible  borrowers,  for  the  period  from
  occupancy  date to mortgage discharge, a fee for inspection, regulation,
  supervision and audit not to annually exceed two-tenths of  one  percent
  of  the  mortgage  loan  to recover the departmental costs in performing
  these  functions  in  relation  to  any  hospital  project  financed  or
  refinanced  by  a loan made under this article prior to April first, two
  thousand fourteen.  Notwithstanding the foregoing, no such fee shall  be
  charged  or  payable pursuant to this section with respect to a hospital
  project financed or refinanced with  bonds  issued  on  or  after  April
  first, two thousand fourteen.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2882 - Separability.

§  2882.  Separability.  If any clause, sentence, paragraph or part of
  this article shall be adjudged by any court of competent jurisdiction to
  be invalid, such judgment shall not affect,  impair  or  invalidate  the
  remainder thereof, but shall be confined in its operation to the clause,
  sentence,  paragraph,  section  or part thereof directly involved in the
  controversy in which such judgment shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 28-B - Hospital Mortgage Loan Construction › 2883 - Authority and Responsibility of Commissioner Regarding Hospital Mortgages.

§   2883.  Authority  and  responsibility  of  commissioner  regarding
  hospital  mortgages.  For  the  purposes  of  this  article,  only   the
  provisions   of  sections  twenty-eight  hundred  seventy,  twenty-eight
  hundred  seventy-one,  twenty-eight  hundred  seventy-two,  twenty-eight
  hundred  seventy-three,  twenty-eight hundred seventy-four, twenty-eight
  hundred seventy-five, twenty-eight  hundred  seventy-seven,  subdivision
  one  of section twenty-eight hundred seventy-eight, twenty-eight hundred
  eighty,  twenty-eight  hundred  eighty-one  and   twenty-eight   hundred
  eighty-two  shall  apply  to  loans  made pursuant to this article after
  April first, nineteen hundred eighty-one.
2023 New York Laws › PBH - Public Health › Article 28-C - Nurse Manpower Center › 2890 - Policy and Purposes of Article.

§ 2890. Policy and purposes of article. It is hereby declared that the
  recruitment,  training,  availability  and proper performance of nursing
  service personnel in hospitals, nursing homes and home  health  agencies
  are  matters  of  vital  concern  to  the  public  health. Shortages and
  improper utilization of nursing service resources result in  neglect  of
  the health needs of sick, injured, disabled, infirm and invalid persons,
  and  improper  performance  of nursing services. In order to provide for
  the protection and promotion of the health of  the  inhabitants  of  the
  state,  the  department  of health shall have the central, comprehensive
  responsibility for the development and  administration  of  the  state's
  policy  with  respect  to nursing service and the utilization of nursing
  service manpower resources by hospitals, nursing homes and  home  health
  agencies.
2023 New York Laws › PBH - Public Health › Article 28-C - Nurse Manpower Center › 2891 - Nurse Manpower Center.

§ 2891. Nurse manpower center. The commissioner shall establish within
  the  department  a nurse manpower center for the purposes of instituting
  and conducting nurse manpower studies and  surveys  and  the  making  of
  recommendations for the improvement of nursing service.
2023 New York Laws › PBH - Public Health › Article 28-C - Nurse Manpower Center › 2892 - Commissioner; Powers and Duties.

§  2892.  Commissioner; powers and duties. The commissioner shall have
the following powers and duties:
(a) To conduct studies and surveys of  nursing  service  to  determine
public  nursing  service needs and the extent to which such needs can be
provided by homemakers, home health aides, licensed practical nurses and
registered professional nurses.
(b)  To  make  recommendations  to  nursing   service   organizations,
hospitals,  nursing homes and home health agencies relating to personnel
practices,  recruitment,  training,   conditions   of   employment   and
compensation  for  the  purposes  of  improvement  of  the  quality  and
availability of  nursing  service  and  making  more  effective  use  of
existing nurse manpower.
(c)  To  advise  the department of education as to the extent to which
hospitals, nursing homes  and  home  health  agencies  are  suitable  as
clinical facilities for the training of nursing service personnel.
(d)  To  institute and operate refresher training programs for nursing
service personnel.
(e) To enlist in a nurse reserve those inactive nurses  interested  in
returning to active nursing service.
(f)  To  maintain  a  central  registry  of nursing manpower resources
including, but not limited to, data concerning  registered  professional
nurses and licensed practical nurses.
(g)  To  institute  and  operate  a nurse manpower recruitment service
including, but not limited to, a guidance and counseling service.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 1 - General Provisions and Public Policy › 2895 - Declaration of Policy and Statement of Purpose.

§  2895.  Declaration of policy and statement of purpose. It is hereby
  declared and found that the health and safety of the people of the state
  of New York  require  that  the  administration  of  medical  facilities
  providing  nursing  home accommodations be adequate and proper, and that
  the quality of such administrative services is related to the calibre of
  training and experience of the persons administering such facilities. It
  is the purpose of this article  to  establish  standards  of  education,
  training  and  experience and provide for the examination, licensure and
  registration of nursing home administrators.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 1 - General Provisions and Public Policy › 2895-A - Definitions.

§  2895-a. Definitions.   As used in this article, the following words
  and phrases shall  have  the  following  meanings,  unless  the  context
  otherwise plainly requires:
1.  "Nursing home" means a facility issued an operating certificate as
  a nursing home pursuant to article twenty-eight of this chapter.
2. "Board" means the board of examiners of nursing home administrators
  as provided for in this article.
3. "Nursing home administrator" means an  individual  who  is  charged
  with  and has responsibility for the general administration of a nursing
  home whether or not such individual has an ownership  interest  in  such
  home  and whether or not his functions and duties are shared with one or
  more other individuals.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 2 - Licensing and Registration › 2896 - License and Registration Required.

§  2896.  License  and registration required. On and after July first,
  nineteen hundred seventy, no person shall practice or represent  himself
  as  a  nursing home administrator unless he is licensed by the board and
  registered by the department pursuant to the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 2 - Licensing and Registration › 2896-B - Rules and Regulations; Powers and Duties.

§ 2896-b. Rules and regulations; powers and duties. 1. The board, by a
  majority  vote,  shall  adopt  and  amend  rules  and regulations, to be
  certified by the commissioner prior to  filing  with  the  secretary  of
  state,  to  effectuate  the  provisions  and  purposes  of this article,
  including but not limited to (a) standards  for  courses  of  study  for
  nursing  home  administrators and for other instruction and training and
  for experience and general character of nursing home administrators, and
  (b)  standards  and  procedures  for  examination,  for  the   issuance,
  revocation  and suspension of licenses and registrations of nursing home
  administrators  and  for  the  investigation  of  written  charges   and
  complaints filed with the board relating thereto.
2.  The  board  may  assess  a  civil  penalty  against a nursing home
  administrator for violation of or failure  to  comply  with  any  lawful
  notice,  order  or rule or regulation issued or adopted by the board, or
  any provision of this article, not exceeding one  thousand  dollars  for
  every  such  violation  or  failure, which civil penalty may be assessed
  after a hearing pursuant to section twenty-eight hundred  ninety-seven-a
  of this article.
3.  The  board, or the commissioner at the request of the board, shall
  conduct such continuing study  and  investigation  of  the  quality  and
  practice  of  nursing  home  administration  as  may be required for the
  improvement of the standards imposed and  procedures  required  for  the
  licensing  of nursing home administrators, including the desirability of
  instituting a  residency  or  preceptorship  program  for  nursing  home
  administrators in training.
4.  The  board, or the commissioner at the request of the board, shall
  conduct  such  study  and   investigation   of   higher   education   in
  institutional  administration  at  the baccalaureate and master's degree
  levels as is necessary to determine if such be required  to  assure  the
  continuing   maintenance  of  professional  standards  of  nursing  home
  administration in the state. The board shall seek the advice and counsel
  of the state department of education in the conduct of such studies.
5. The commissioner may propose rules and regulations  and  amendments
  thereto  for  consideration  by  the board to effectuate the purposes of
  this article.
6. The board shall also have the authority to take such actions as may
  be necessary to enable the state to meet the requirements set  forth  in
  section  one thousand nine hundred eight of the social security act, the
  federal rules and regulations promulgated thereunder and other pertinent
  federal authority.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 2 - Licensing and Registration › 2896-C - Qualifications of Applicants for Licensure.

§  2896-c. Qualifications of applicants for licensure. 1. An applicant
shall be eligible for a license as provided in this article upon payment
to the department of  an  application  fee  of  forty  dollars  and  the
submission  of  satisfactory  evidence, verified by oath or affirmation,
that the applicant:
(a) is at least twenty-one years of age;
(b) is of good moral character and suitability;
(c) has successfully completed  a  four-year  course  of  study  in  a
secondary  school  approved  by  the  board  of regents or been issued a
certificate of equivalency; and
(d) has satisfactorily completed a course of study  in  the  field  of
institutional  administration  approved  by  the  board  or  in a school
licensed  by  the  state  department  of  education  as  maintaining   a
satisfactory  standard,  or  an  equivalent  combination of instruction,
training or experience as determined by the board, or the equivalent  of
such  a  course  of  study  in  a  college  as  determined  by the state
department of education; and
(e) has passed an examination as specified  in  section  two  thousand
eight hundred ninety-six-d of this title.
2. An applicant who is denied licensure only because of his failure to
meet  the  requirements  of paragraphs (c) and (d) of subdivision one of
this section may petition the  board  for  reconsideration  and  may  be
licensed  provided  that  he  possesses  educational  qualifications  or
experience in  nursing  home  administration  which  are  at  least  the
equivalent  of  the  satisfactory  completion  of  an approved course of
study,  and  such  extended  practical  experience   in   nursing   home
administration  or in a related health administration activity as may be
acceptable to the board.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 2 - Licensing and Registration › 2896-D - Examination of Applicants.

§  2896-d.  Examination  of applicants. 1. Applicants for licensure as
  nursing home administrators shall be required  to  pass  an  examination
  encompassing  the  subject  matter of the courses of study, instruction,
  training and experience required by  the  board  and  certified  by  the
  commissioner.
2. The examination may be administered by the department or by another
  testing  service  certified  by the commissioner pursuant to subdivision
  one of this section. The applicant shall be  responsible  for  all  fees
  charged  by the authorized testing service for the administration of the
  examination.
3. The department may require applicants  to  demonstrate  eligibility
  for  licensure  in  accordance  with  section two thousand eight hundred
  ninety-six-c of this title prior to taking the examination.
4. Following such examinations, the board shall review  and  rate  the
  examination  results  and  shall  submit  to  the department an official
  report signed by its chairman and secretary stating the ratings of  each
  applicant   and  naming  all  applicants  who  successfully  passed  the
  examination.
5. The board may accept in lieu of the requirements in  paragraph  (e)
  of subdivision one of section two thousand eight hundred ninety-six-c of
  this  title,  a  certificate,  registration or license issued by another
  state or political subdivision of the United  States  on  the  basis  of
  qualifications  and  an  examination  satisfactory  to  the  board.  The
  application fee shall accompany an application for persons.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 2 - Licensing and Registration › 2896-E - Issuance of License.

§  2896-e.  Issuance of license. 1. The board shall issue a license to
  practice nursing home administration to each  candidate  who  meets  the
  qualifications   specified   in   section  two  thousand  eight  hundred
  ninety-six-c of this title or submitted  an  application  and  qualified
  under   subdivision   five   of   section  two  thousand  eight  hundred
  ninety-six-d of this title and who has paid an initial application fee.
2. Each license issued  shall  be  signed  by  the  chairman  and  the
  secretary of the board and shall bear the seal of the department.
3. Upon receipt of satisfactory evidence that a license has been lost,
  mutilated  or  destroyed,  the  board may issue a duplicate license upon
  such terms and conditions as may be required by the board and  certified
  by the commissioner, and upon payment of a fee of ten dollars.
4.  Notwithstanding the provisions of this article the board may adopt
  rules and regulations governing  operation  of  a  nursing  home  during
  periods of emergency.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 2 - Licensing and Registration › 2896-F - Temporary Licenses.

§  2896-f. Temporary licenses. The board may issue a temporary license
  to practice nursing  home  administration,  under  such  conditions  and
  limitations as it shall determine, for a single period not to exceed six
  months  to  an  applicant  of good moral character and suitability, over
  twenty-one  years  of  age,  who  meets  such  other  standards  as  are
  established  by  the  board,  who  has  paid an application fee of forty
  dollars and who is designated by the owner, operator or other  governing
  authority  to  administer  a  facility  during  a  period  when  due  to
  resignation, death or incapacity or for other  reason  the  position  of
  nursing home administrator has been unexpectedly vacated.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 2 - Licensing and Registration › 2896-H - Reports.

§ 2896-h. Reports. 1. Every administrator of a nursing home shall:
(a)  post in a sufficient number of prominent positions in the nursing
home so as to be accessible to all residents and to the general  public,
a  concise  summary  of  the  last  inspection  report pertaining to the
nursing home and issued by the department, with references to  the  page
numbers  of  the  full  reports,  noting  any deficiencies found by said
governmental agency or department and the actions taken by  the  nursing
home  to  rectify  such  deficiencies,  and indicating in such summaries
where the full reports may be inspected in said nursing home;
(b) provide to each applicant and, upon request, to each  resident  of
such  nursing  home,  or  any  relative,  spouse, guardian, committee or
conservator of such applicant or resident, a copy of the last inspection
report pertaining to the nursing home and issued by the department.
2. The license or registration of a  nursing  home  administrator  who
violates  any  of  the  provisions  of  this section shall be subject to
suspension or revocation and  the  nursing  home  administrator  may  be
subject  to  a  civil penalty in proceedings held in accordance with the
provisions  of  section  twenty-eight  hundred  ninety-seven-a  of  this
article.
3.  Nothing  contained in this section shall be construed or deemed to
require the public disclosure of confidential medical, social,  personal
or  financial  records of any patient. The commissioner shall adopt such
regulations as may be necessary to give effect to the provisions of this
section and to preserve the confidentiality of medical, social, personal
or financial records of patients.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 3 - Violations; Penalties › 2897-A - Proceedings for Suspension or Revocation.

§  2897-a.  Proceedings  for suspension or revocation. 1.  Proceedings
  against any licensed or registered nursing home administrator under this
  section shall be begun by filing with the  board  a  written  charge  or
  charges  in  the form of a petition under oath against such nursing home
  administrator. The charges may be preferred by any person,  corporation,
  association  or  public  officer,  or  by the board or department in the
  first instance. A report of such investigation as the  department  shall
  deem proper shall be provided on request of the board.
2.  If  the  board decides that the charges should be heard, the board
  shall designate a hearing officer to hear and report on the charges  and
  shall  set  a  time  and  place  for the hearing. A copy of the charges,
  together with a notice of the time and place of hearing, shall be served
  on the accused at least fifteen days  before  the  date  fixed  for  the
  hearing personally in the same manner as a summons in a civil action, or
  by  certified  or registered mail addressed to the last known address of
  the licensee.
3. The respondent in all such cases brought under this section  shall,
  at least five days before the return date of the petition containing the
  charges,  file  with  the  board a verified answer, in duplicate, to the
  allegations set forth in said petition.   The  accused  shall  have  the
  opportunity  at  such hearing to appear either personally or by counsel,
  to cross-examine witnesses against  him  and  to  produce  evidence  and
  witnesses in his defense.
4.  Upon the conclusion of the hearing, the hearing officer shall make
  a written report of his findings and conclusions to the board. The board
  shall thereupon take such action upon said findings and  conclusions  as
  it  deems  proper.  If  the accused is found not guilty by the board, it
  shall order a dismissal of the charges and  his  exoneration.    If  the
  accused is found guilty of the charges, or any of them, the board shall,
  in  its discretion, issue an order suspending, revoking or annulling the
  license or registration of the accused, assessing a  civil  penalty  and
  otherwise disciplining him.
5. Where the license or registration of any person has been revoked or
  annulled, as herein provided, the board may, after the expiration of two
  years,  entertain  an  application  for  restoration  of such license or
  registration.
6. A licensed nursing home administrator whose license or registration
  has been suspended, revoked or annulled, or who is otherwise disciplined
  under  this  article,  may   commence   a   proceeding   under   article
  seventy-eight  of the civil practice law and rules in the supreme court,
  Albany county, for the purpose of reviewing such determination,  but  no
  such  determination  shall  be stayed or enjoined except after notice to
  the attorney general of the commencement of the proceeding.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 3 - Violations; Penalties › 2897-B - Penalties.

§ 2897-b. Penalties. 1. It shall be a misdemeanor for a person to:
(a)   sell   or   fraudulently   obtain  or  furnish  a  nursing  home
administrator diploma, license, record, or certificate of  registration,
or aid or abet in the same;
(b)  practice  nursing  home  administration under cover of a diploma,
license or registration illegally or fraudulently obtained or signed  or
issued unlawfully, or under fraudulent representation or mistake of fact
in material regard;
(c)  practice or hold himself out as entitled to practice nursing home
administration without a valid license  or  after  he  shall  have  been
convicted of a felony;
(d)  practice  fraud,  subterfuge or deceit, misrepresent or conceal a
material fact, use a false name or wilfully make a  false  statement  in
submitting an application for licensure or registration.
(e) otherwise violate any of the provisions of this article.
2.  Such  misdemeanor shall be punishable by imprisonment for not more
than one year or by a fine of not more than five thousand dollars, or by
both such fine and imprisonment for each separate violation.
3. A violation of this article, when reported to  the  department  and
duly  substantiated  by affidavits or other satisfactory evidence, shall
be investigated and, if the report is found to be true and the complaint
substantiated, the board shall report such  violation  to  the  attorney
general and request prompt prosecution.
4.  In  the  prosecution  of any criminal action for violation of this
article by the attorney general or his deputy, the attorney  general  or
his  deputy  may exercise all the powers and perform all the duties with
respect to such actions or proceedings which the district attorney would
otherwise be authorized or required to exercise or perform, and in  such
action  or  proceeding  the  district  attorney shall only exercise such
powers and perform such duties as are required of him  by  the  attorney
general or the deputy attorney general so attending.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 3 - Violations; Penalties › 2897-C - Disposition of Fees, Fines, Penalties and Other Moneys.

§  2897-c. Disposition of fees, fines, penalties and other moneys. All
  fees, fines, penalties and other moneys derived from  the  operation  of
  this  article  shall  be paid to the department and shall be paid by the
  department to the state treasury, as provided in the state finance law.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 3 - Violations; Penalties › 2897-D - Injunctive Relief.

§  2897-d.  Injunctive  relief.  The attorney general may apply to the
  supreme court within the judicial district in which a violation of  this
  article   is  alleged  to  have  occurred  for  an  order  enjoining  or
  restraining  commission  or  continuance  of  the  acts  complained  of.
  Thereupon  the court shall have jurisdiction of the proceeding and shall
  have power to grant such temporary relief or  restraining  order  as  it
  deems just and proper. In any such proceeding it shall be unnecessary to
  allege  or  prove  that an adequate remedy at law does not exist or that
  irreparable damage would result if such order were  not  granted.    The
  remedy provided by this section shall be in addition to any other remedy
  provided by law.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 4 - Construction › 2898 - Construction.

§  2898.  Construction.  Nothing in this article shall be construed to
  limit the activities, services, and use of official title on the part of
  any person, provided that no title shall be used which includes the term
  or words  "licensed  nursing  home  administrator"  by  any  person  not
  qualified to do so under the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 4 - Construction › 2898-A - Separability.

§   2898-a.   Separability.   If   any  clause,  sentence,  paragraph,
  subdivision, section or part of this article shall be  adjudged  by  any
  court  of  competent  jurisdiction to be invalid, the judgment shall not
  affect, impair, or  invalidate  the  remainder  thereof,  but  shall  be
  confined   in   its   operation  to  the  clause,  sentence,  paragraph,
  subdivision,  section  or  part  thereof  directly   involved   in   the
  controversy in which the judgment shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 29 - Hospital Survey, Planning and Review › 2901 - General Powers and Duties.

§  2901.  General  powers  and  duties.  The  department  of health is
  generally authorized and empowered (a) to inventory  existing  hospitals
  of  every character in the state, to survey the need for construction of
  hospitals and to develop programs for construction  of  such  public  or
  other  nonprofit  hospitals as will afford, in conjunction with existing
  facilities, the necessary physical facilities  for  furnishing  adequate
  hospital  services  to all the people; and (b) to carry out the plan for
  construction of public and nonprofit hospitals and related facilities in
  accordance with such program.
The department of health shall  also  (a)  keep  records  of  all  its
  activities;  (b)  prepare  and  maintain current progress information on
  development  programs,  hospital  construction  and   current   hospital
  facilities;  (c)  maintain  liaison  with federal officials and agencies
  concerning hospitals and hospital planning; (d) have  all  other  powers
  necessary  to  carry  out  any state plan adopted in conformity with the
  provisions of federal  law  relating  thereto  and,  to  effectuate  the
  provisions  of  this section, take all necessary steps to conform to the
  requirements of the federal law concerning inventory,  survey,  planning
  and  construction  of  hospitals;  (e)  establish  rules and regulations
  relating to the administration of the provisions of this section.
The department of health shall also establish  rules  and  regulations
  with  regard  to  hearings  which  it  must  allow to every construction
  applicant who may be dissatisfied with action on its application.