2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2805-E - Reports of Residential Health Care Facilities.

§  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.