reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-11 - Rate Setting for Non-state Providers: Intermediate Care Facilities for Persons with Developmental Disabilities › Section 86-11.5 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Providers shall report costs and maintain financial and statistical records in
					 accordance with 14 NYCRR Subpart 635-4.
(b) Generally accepted accounting principles
					 (GAAP). The completion of the financial and statistical report forms shall be
					 in accordance with generally accepted accounting principles as applied to the
					 provider unless the reporting instructions authorized specific variation in
					 such principles. The State shall identify provider cost and providers shall
					 submit cost data in accordance with generally accepted accounting principles
					 (GAAP).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-11 - Rate Setting for Non-state Providers: Intermediate Care Facilities for Persons with Developmental Disabilities › Section 86-11.7 - Transition to new methodology

Current through Register Vol. 46, No. 28, July 10, 2024
The reimbursement methodology described in this Subpart
						will be phased-in over a three-year period, with a year for purposes of the
						transition period meaning a 12-month period from July 1st to the following June
						30th, and with full implementation in the beginning of the fourth year. During
						this transition period, the base operating rate will transition to the target
						rate as determined by the reimbursement methodology described in this Subpart,
						according to the phase-in schedule outlined below. The base operating rate will
						remain fixed and the target rate, as determined by the reimbursement
						methodology in this Subpart, will be updated to reflect rebasing of cost data,
						trend factors and/or other appropriate adjustments.
Phase-in percentage
Transition year
Base operating rate
Target rate
Year One (July 1, 2014 "" June 30, 2015)
75%
25%
Year Two (July 1, 2015 "" June 30, 2016)
50%
50%
Year Three (July 1, 2016 - June 30, 2017)
25%
75%
Year Four (July 1, 2017 "" June 30, 2018)
0%
100%
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-11 - Rate Setting for Non-state Providers: Intermediate Care Facilities for Persons with Developmental Disabilities › Section 86-11.8 - Rate corrections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Arithmetic or calculation errors will be adjusted accordingly in instances that
					 would result in an annual change of $5,000 or more in a provider's annual
					 reimbursement for ICFs/DD.
(b) In
					 order to request a rate correction in accordance with subdivision (a) of this
					 section, the provider must send to the Department of Health its request by
					 certified mail, return receipt requested, within 90 days of the provider
					 receiving the rate computation or within 90 days of the first day of the rate
					 period in question, whichever is later.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-11 - Rate Setting for Non-state Providers: Intermediate Care Facilities for Persons with Developmental Disabilities › Section 86-11.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or its application to
						any person or circumstance is held to be invalid, the remainder of this Subpart
						and the application of that provision to other persons or circumstances will
						not be affected.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-12 - Outpatient Services Licensed Under the Mental Hygiene Law › Section 86-12.1 - Utilization limits on OPWDD licensed clinics

Current through Register Vol. 46, No. 28, July 10, 2024
For periods on and after April 1, 2011 Medicaid
						reimbursement rates for clinics licensed by the Office for People With
						Developmental Disabilities ("OPWDD") shall be subject to the following:
(a) Definitions: As used in this section:
(i) "Clinic" shall mean a clinic treatment
					 facility licensed by OPWDD pursuant to 14 NYCRR Part 679.
(ii) "Clinic visit". For services provided by
					 a clinic for the period on and after April 1, 2011 through June 30, 2011,
					 "clinic visit" shall have the same meaning such term has in 14 NYCRR Part 679
					 as in effect for such period, and for services provided by a clinic for the
					 period on and after July 1, 2011, "clinic visit" shall have the same meaning
					 such term has in 14 NYCRR Part 679 as in effect for such period.
(iii) ''Monthly utilization threshold'' shall
					 be a monthly utilization standard defined in terms of an average monthly visit
					 per patient served, as established by OPWDD based on peer norms.
(iv) "Reimbursement rate". For the period
					 from April 1, 2011 through June 30, 2011, "reimbursement rate" shall mean the
					 applicable fee as set forth in 14 NYCRR Part 679 as in effect for such period,
					 and for any period on and after July 1, 2011, "reimbursement rate" shall mean
					 the rate established in accordance with 14 NYCRR Part 679 for such period or
					 periods.
(v) ''Utilization review
					 period'' shall mean the 2009 calendar year.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-12 - Outpatient Services Licensed Under the Mental Hygiene Law › Section 86-12.2 - Utilization limits on OMH licensed clinics

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective for services provided on and after April 1, 2011 Medicaid payments
					 for outpatient mental health services provided in outpatient facilities
					 licensed by the Office of Mental Health ("OMH") pursuant to article 31 of the
					 Mental Hygiene Law shall reflect applicable provisions of regulations
					 promulgated by OHM and shall be adjusted relative to 2009 service utilization
					 and payment levels in accordance with the following:
(1) For persons 21 years of age or older, the
					 thirty-first through fiftieth visit in a state fiscal year shall be subject to
					 a 25% reduction in the otherwise applicable payment amount as computed in
					 accordance with applicable provisions of article 31 of the Mental Hygiene Law
					 or regulations promulgated thereunder.
(2) For persons 21 years of age or older,
					 visits in excess of fifty visits in a state fiscal year shall be subject to a
					 50% reduction in the otherwise applicable payment amount as computed in
					 accordance with applicable provisions of article 31 of the Mental Hygiene Law
					 or regulations promulgated thereunder.
(3) For persons less than 21 years of age at
					 the start of the state fiscal year, visits in excess of fifty visits in that
					 state fiscal year shall be subject to a 50% reduction in the otherwise
					 applicable payment amount as computed in accordance with applicable provisions
					 of article 31 of the Mental Hygiene Law or regulations promulgated
					 thereunder.
(4) Off-site visits,
					 medical visits and crises visits, when billed under their applicable rate
					 codes, shall be disregarded in computing the number of visits pursuant to
					 paragraphs (1), (2) and (3) of this subdivision.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-12 - Outpatient Services Licensed Under the Mental Hygiene Law › Section 86-12.3 - Utilization limits on OASAS licensed clinics

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective for services provided on and after April 1, 2011 Medicaid payments
					 for outpatient alcoholism and substance abuse services provided in outpatient
					 clinic facilities licensed by the Office of Alcoholism and Substance Abuse
					 Services ("OASAS") pursuant to article 32 of the Mental Hygiene Law shall
					 reflect applicable provisions of regulations promulgated by OASAS and shall be
					 adjusted relative to 2009 service utilization and payment levels in accordance
					 with the following:
(1) The seventy-sixth
					 through ninety-fifth visits in a state fiscal year shall be subject to a 25%
					 reduction in the otherwise applicable payment amount as computed in accordance
					 with applicable provisions of article 32 of the Mental Hygiene Law or
					 regulations promulgated thereunder.
(2) Visits in excess of the ninety-five
					 visits in a state fiscal year shall be subject to a 50% reduction in the
					 otherwise applicable payment amount as computed in accordance with applicable
					 provisions of article 32 of the Mental Hygiene Law or regulations promulgated
					 thereunder.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-13 - Rates for Non-State Providers of Prevocational Services (Site-based) and Respite (Hourly and Free-standing), and fees for Prevocational Services (Community-based), Residential Habilitation (Family Care) and Supported Employment › Section 86-13.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
On and after July first, two thousand fifteen, rates of
						reimbursement for Prevocational Services (Site based) and Respite (Hourly and
						Free-standing) and fees for Prevocational Services (Community-based),
						Residential Habilitation (Family Care) and Supported Employment, other than
						those provided by the Office for People With Developmental Disabilities, shall
						be determined in accordance with this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-13 - Rates for Non-State Providers of Prevocational Services (Site-based) and Respite (Hourly and Free-standing), and fees for Prevocational Services (Community-based), Residential Habilitation (Family Care) and Supported Employment › Section 86-13.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following terms shall have
						the following meanings:
(a) Allowable
					 capital costs. Capital costs that are allowable under 14 NYCRR Subpart
					 635-6.
(b) Allowable operating
					 costs. In the case of prevocational and respite services, operating costs that
					 are allowable under 14 NYCRR Section 635-10.4.
(c) Base year. The consolidated fiscal report
					 period from which the initial period rate will be calculated. Such period shall
					 be January first, two thou sand thirteen through December thirty-first, two
					 thousand thirteen for providers reporting on a calendar year basis and July
					 first, two thousand twelve through June thirtieth, two thousand thirteen for
					 providers reporting on a fiscal year basis.
(d) Base operating rate. Reimbursement amount
					 calculated by dividing annual reimbursement by applicable annual units of
					 service, both in effect on June thirtieth, two thousand fifteen.
(e) Department of Health (DOH) Regions.
					 Regions as defined by DOH, assigned to providers based upon the geographic
					 location of the provider's headquarters as reported on the consolidated fiscal
					 report. Such regions are as follows:
(1)
					 Downstate: Five boroughs of New York City, Nassau, Suffolk,
					 Westchester.
(2) Hudson Valley:
					 Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster.
(3) Upstate Metro: Albany, Erie, Fulton,
					 Genesee, Madison, Monroe, Montgomery, Niagara, Onondaga, Orleans, Rensselaer,
					 Saratoga, Schenectady, Warren, Washington, Wyoming.
(4) Upstate Non-Metro: Any counties not
					 listed in paragraphs (1), (2) or (3) of this subdivision.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-13 - Rates for Non-State Providers of Prevocational Services (Site-based) and Respite (Hourly and Free-standing), and fees for Prevocational Services (Community-based), Residential Habilitation (Family Care) and Supported Employment › Section 86-13.4 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Providers shall report costs and maintain financial and statistical records in
					 accordance with 14 NYCRR Subpart 635-4.
(b) Generally Accepted Accounting Principles
					 (GAAP). The completion of the financial and statistical report forms shall be
					 in accordance with generally accepted accounting principles as applied to the
					 provider unless the reporting instructions authorized specific variation in
					 such principles. The State shall identify provider cost and providers shall
					 submit cost data in accordance with generally accepted accounting principles
					 (GAAP).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-13 - Rates for Non-State Providers of Prevocational Services (Site-based) and Respite (Hourly and Free-standing), and fees for Prevocational Services (Community-based), Residential Habilitation (Family Care) and Supported Employment › Section 86-13.5 - Trend Factor

Current through Register Vol. 46, No. 28, July 10, 2024
For years in which the Department does not update the
						base year, subject to the approval of the Director of Budget, the Department
						may use a compounded trend factor to bring base year costs forward to the
						appropriate rate period. The trend factor shall be taken from applicable years
						from consumer and producer price indices, including, but not limited to the
						Medical Care Services Index; U.S. city average, by expenditure category and
						commodity and service group for the period April to April of each
						year.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-13 - Rates for Non-State Providers of Prevocational Services (Site-based) and Respite (Hourly and Free-standing), and fees for Prevocational Services (Community-based), Residential Habilitation (Family Care) and Supported Employment › Section 86-13.6 - Transition periods and reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transition to new methodology. The
					 reimbursement methodology described in this subpart for prevocational services
					 (site-based) and respite (hourly and free-standing) will be phased-in over a
					 two year period, with a year for purposes of the transition period meaning a
					 twelve month period from July first to the following June thirtieth, and with
					 full implementation in the beginning of the third year. During this transition
					 period, the base operating rate will transition to the target rate according to
					 the phase-in schedule immediately below. The base operating rate will remain
					 fixed and the target rate, as determined by the reimbursement methodology in
					 this subpart, will be updated to reflect rebasing of cost data, trend factors
					 and other appropriate adjustments.
Transition
Phase-in Percentage
Base operating rate
Target rate
Year One (July 1, 2015 - June 30, 2016)
50%
50%
Year Two (July 1, 2016 - June 30, 2017)
25%
75%
Year Three (July 1, 2017 - June 30,
									 2018)
0%
100%
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-13 - Rates for Non-State Providers of Prevocational Services (Site-based) and Respite (Hourly and Free-standing), and fees for Prevocational Services (Community-based), Residential Habilitation (Family Care) and Supported Employment › Section 86-13.7 - Rate corrections for prevocational services (site-based) and respite (hourly and freestanding) rates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Arithmetic
					 or calculation errors will be adjusted accordingly in instances that would
					 result in a change of $5,000 or more in a provider's annual reimbursement for
					 prevocational services.
(b) In
					 order to request a rate correction in accordance with subdivision (a) of this
					 section, the provider must send DOH its request by certified mail, return
					 receipt requested, within ninety days of the provider receiving the rate
					 computation or with ninety days of the first day of the rate period in
					 question, whichever is later.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 86 - Reporting and Rate Certifications for Facilities › Subpart 86-13 - Rates for Non-State Providers of Prevocational Services (Site-based) and Respite (Hourly and Free-standing), and fees for Prevocational Services (Community-based), Residential Habilitation (Family Care) and Supported Employment › Section 86-13.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or its application to
						any person or circumstance is held to be invalid, the remainder of this Subpart
						and the application of that provision to other persons or circumstances will
						not be affected.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 term nursing home company or company as used in this Part shall mean a
					 corporation organized under the provisions of article 28-A of the Public Health
					 Law and the Not-For-Profit Corporation Law.
(b) A nursing home company is required to
					 comply with all applicable provisions of law, including but not limited to
					 articles 28 and 28-A of the Public Health Law and the State Hospital
					 Code.
(c) A nursing home company
					 shall apply for establishment of the proposed project, and approval of the
					 certificate of incorporation by the Public Health Council in accordance with
					 the provisions of section 2801-a  of the Public Health Law and this
					 Title.
(d) A nursing home shall
					 apply for the prior approval of construction of the facility in accordance with
					 the provisions of section 2802  of the Public Health Law and the State
					 Hospital Code.
(e) A nursing home
					 company shall apply for a mortgage loan by setting forth in the applications
					 for establishment and construction the amount of the proposed mortgage loan
					 requested for development of the project.
(f) A nursing home company shall comply with
					 the terms and conditions set forth in the mortgage loan of the New York State
					 Housing Finance Agency.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.2 - Corporate organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Members of the board of directors of a nursing home company shall be
					 responsible for company assets, liabilities, administration and operations as
					 required by article 28-A of the Public Health Law and the Not-For-Profit
					 Corporation Law.
(b) The
					 certificate of incorporation of a nursing home company shall be in a form
					 designated by the State Commissioner of Health as meeting the requirements of
					 the Not-For-Profit Corporation Law, and the Public Health Law and the Public
					 Health Council.
(c) By-laws of a
					 nursing home company shall contain a requirement that a nursing home company be
					 constructed and operated in accordance with all applicable provisions of the
					 State Hospital Code. The by-laws shall require that meetings of the board of
					 directors be held no less frequently than annually and shall set forth
					 provisions relating to the election of members and officers of the board, the
					 notice requirements for board meetings, the duties and powers of the board, the
					 provisions for amendment or repeal of the by-laws, and a requirement that the
					 board shall make every effort to avoid contracts which may involve a conflict
					 of interest, disclosure being required in writing to the board by any board
					 member having an interest in any contract or proposed contract relating to the
					 development, construction or operation of a company. A nursing home company
					 shall file a copy of the by-laws and any amendments thereto with the State
					 Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.3 - Project development

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 section shall apply to the project development period from the inception of a
					 nursing home company to the final financing occupancy date declared by the
					 State Commissioner of Health.
(b)
					 All professional service contracts and all consultant contracts shall require
					 the written approval of the State Department of Health and all of said
					 contracts shall be in writing and executed by the parties thereto:
(1) Prior to execution, drafts of all
					 architectural and engineering contracts shall be submitted to the State
					 Department of Health for approval. The architect or engineer shall comply with
					 all of the State Department of Health requirements including the provision of
					 acceptable professional liability insurance, the assurance of continuity of
					 professional services, the satisfactory evidence of the ability to perform the
					 architectural services required, and agreement to attend conferences and
					 provide professional services as required by the State Department of
					 Health.
(2) Prior to execution,
					 drafts of all attorney retainers shall be submitted to the State Department of
					 Health for review and approval. The attorney shall comply with State Department
					 of Health requirements including the assurance of continuity of professional
					 services and the agreement to attend conferences and provide professional
					 services as required by the State Department of Health.
(3) Prior to execution, drafts of all written
					 consultant contracts relating to the development period shall be submitted to
					 the State Department of Health for review and approval. The consultant shall
					 comply with all the State Department of Health requirements including the
					 assurance of continuity of consultive services, the satisfactory evidence of
					 ability to perform the consultive services required, and agreement to attend
					 conferences and provide consultive services as required by the State Department
					 of Health.
(4) Professional service
					 contracts and consultant contracts shall set forth fee and payment provisions
					 in an amount no greater than contained in the fee guidelines approved by the
					 State Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.5 - Development period records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nursing home company shall establish
					 and maintain a uniform system of accounts during the development period as
					 required by the accounting manual of the State Department of Health.
(b) The following reports during the
					 development period after mortgage closing shall be submitted promptly to the
					 State Department of Health:
(1) Quarterly
					 reports commencing with the date of inception to and including the last day of
					 March, June, September, and December.
(2) Each report for the period ending
					 December 31 shall contain the opinion and certificate of an independent
					 licensed or certified public accountant.
(3) The project shall file quarterly reports
					 until the declaration of the final financial occupancy date by the State
					 Commissioner of Health. The final development period report shall contain the
					 opinion and certificate of an independent licensed or certified public
					 accountant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.6 - Insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nursing home
					 company shall make provision for and obtain insurance and bonds in accordance
					 with the requirements of the State Department of Health and of the insurance
					 requirements for nursing homes and hospitals under article 28-A of the Public
					 Health Law.
(b) The amount, extent
					 and endorsements of the insurance maintained, and the custody of the insurance
					 policies, shall be in accordance with the requirements of the State Department
					 of Health.
(c) A nursing home
					 company shall provide and maintain such additional insurance as may from time
					 to time be required by the State Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.7 - Initial occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 nursing home company shall obtain timely final inspections of construction and
					 medicaid approvals. Requests for such, and the submission of an application for
					 an operating certificate to the State Department of Health, shall be instituted
					 six months prior to scheduled initial occupancy.
(b) A nursing home company shall forward to
					 the State Department of Health a final proposed schedule of estimated annual
					 expenses and income and a supporting schedule for all entries therein no later
					 than three months prior to initial occupancy.
(c) A nursing home company shall establish
					 and maintain a separate special patient register setting forth the income of
					 patients and the source of payment for patient care as required by the State
					 Department of Health.
(d) A nursing
					 home company shall maintain a uniform system of accounts as required by the
					 accounting manual of the State Department of Health.
(e) The following reports for the operational
					 period from initial occupancy to discharge of the mortgage lien shall be
					 submitted promptly to the State Department of Health:
(1) Quarterly uncertified reports during each
					 calendar or fiscal year commencing with the date of admission of the first
					 patient, to and including the last day of March, June, September and December,
					 no later than 30 days following the end of the reporting period.
(2) An annual report for the period ending
					 December 31 containing the opinion and certificate of an independent licensed
					 or certified public accountant, no later than 90 days following the end of the
					 reporting period.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.8 - Operational period

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nursing
					 home company shall be operated in accordance with the requirements of the State
					 Hospital Code.
(b) The operational
					 period shall commence on the financial occupancy date declared by the State
					 Commissioner of Health.
(c) All
					 company records, reports and schedules required during initial occupancy shall
					 be maintained during the operational period.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.9 - Real and personal tangible property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A property register will be maintained by
					 a nursing home company for each type of real and personal tangible property
					 owned other than the original purchase price of the project land and the
					 original construction cost of the structure.
(b) The property register will contain the
					 following information on an item basis:
(1)
					 item inventory number;
(2) location
					 of item by room or area;
(3)
					 location of item bcost center;
(4)
					 description of item;
(5) related
					 purchase order number;
(6) date
					 item received;
(7) payment check
					 number;
(8) date of
					 payment;
(9) manufacturer's serial
					 number, if any;
(10)
					 depreciation--current year;
(11)
					 accumulated depreciation--cumulative;
(12) salvage value; and
(13) item net delivered or installed
					 cost.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.10 - Escrow funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nursing
					 home company will submit annually to the State Department of Health a schedule
					 detailing those amounts that it is required to fund in the operating escrow
					 account.
(b) The operating escrow
					 account shall be opened in a federally insured commercial bank that agrees to
					 the uniform custodial agreement of the State Department of Health.
(c) From the financial occupancy date, a
					 nursing home company shall deposit monthly in the operating escrow account,
					 one-twelfth of its annual required funding.
(d) A nursing home company will establish a
					 separate mortgage repayment escrow account and make deposits and withdrawals
					 into and from the account as required by the martgage and the
					 mortgagee.
(e) A nursing home
					 company shall invest excess fund in the operating escrow account in a manner
					 specifically approved by the State Department of Health. Copies of the records
					 of all transactions shall be promptly submitted to the State Department of
					 Health.
(f) The deposited reserves
					 for replacements shall be available to provide purchase money for necessary
					 material replacements of furnishing and/or equipment and major
					 repairs.
(g) To obtain the
					 disbursement of operating escrow account funds, other than in the case of
					 imminent peril, a nursing home company shall submit in advance to the State
					 Department of Health such documentation as may be necessary for its
					 approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.11 - Use of funds of the company

Current through Register Vol. 46, No. 28, July 10, 2024
Funds of a nursing home company shall not be used for any
						purpose other than the ordinary operation of the project, without the prior
						written approval of the State Department of Health. Company funds shall not be
						invested without the approval of the State Department of Health. No loans shall
						be made at any time.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.12 - Salaries or fees to officers or directors

Current through Register Vol. 46, No. 28, July 10, 2024
No nursing home company shall pay any salaries or fees to
						any director. Salaries or fees may be paid to officers for services actually
						performed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.13 - Purchases and contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Purchases and contracts for materials and services will be limited to those
					 items needed for company operation. Such purchases and contracts are subject to
					 budgetary limitations except where the expenditure is necessary to protect life
					 or property from imminent danger.
(b) Purchases and contracts will be awarded
					 by a nursing home company only after every reasonable effort has been made to
					 obtain the lowest possible cost commitment consistent with prudent operation.
					 Substantial construction contracts, as defined in the State Hospital Code,
					 shall require verification of cost by competitive bidding acceptable to the
					 State Department of Health.
(c)
					 Prior to permitting any supplier or contractor to perform, a company will
					 require the contractor to submit satisfactory evidence of any insurance
					 coverages and performance and payment bonds that may be required by the
					 contract or purchase documents.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Nursing Home Companies › Section 87.14 - Default avoidance method

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 nursing home company which fails to or has failed to make any monthly payment
					 as required by its mortgage with the New York State Housing Finance Agency or
					 the New York State Medical Care Facilities Finance Agency within five days
					 after such payment is due, shall become subject to the default avoidance method
					 as set forth in this section.
(b)
					 On the sixth day after a payment as set forth in subdivision (a) of this
					 section becomes due, the trustee of the mortgage repayment escrow account, or
					 the agency, shall notify the State Commissioner of Health that a nursing home
					 company has not made a required payment.
(c) Upon receipt by the State Commissioner of
					 Health of such notice from the trustee, or the agency, the State Commissioner
					 of Health shall communicate with the nursing home company to determine if the
					 payment will be forthcoming.
(d) If
					 by no later than the 15th day following the date the payment was due it has not
					 yet been received by the trustee and/or the agency, the trustee and/or the
					 agency shall on the same day notify the State Commissioner of Health of such
					 failure to make the required payment and the State Commissioner of Health shall
					 advise the Department of Social Services of the name of the nursing home
					 company which has not made a monthly payment as required by its mortgage. The
					 Department of Social Services shall then advise the local social services
					 districts with respect to which the nursing home company has filed medicaid
					 claims that the next medicaid payment to be made to the respective nursing home
					 company which has failed to make the required mortgage payment shall be made by
					 means of a check payable to the operating escrow reserve account of the
					 nonpaying nursing home company.
(e)
					 Such Medicaid payment shall remain on deposit in the operating escrow reserve
					 account until the nursing home company draws checks as required pursuant to the
					 mortgage. Such checks shall be transmitted to the State Department of Health
					 forthwith.
(f) Upon receipt of the
					 checks the State Commissioner of Health shall countersign each check and
					 forward same to the appropriate payee.
(g) To avoid undue hardship to a nursing home
					 company which is more than one month in arrears in its payments at the time
					 these regulations, as embodied in this section, become effective, the State
					 Commissioner of Health is authorized to establish special payment schedules for
					 payment of a portion of the sum then due as specified in subdivision (e) of
					 this section. These schedules shall require the approval of the
					 agency.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Mortgage Loan Charges › Section 87.20 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The State Department of Health governmental supervising
						agency charges set forth in this Part shall be applicable to nursing homes
						constructed under the provisions of article 28-A of the Public Health Law and
						nonprofit hospitals modernized or constructed pursuant to the provisions of
						article 28-B of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Mortgage Loan Charges › Section 87.21 - Charges for development period

Current through Register Vol. 46, No. 28, July 10, 2024
Public Health Law, §§ 2868, 2881
The governmental supervising agency charges for the
						development period from inception of the project to, but not including, the
						occupancy date, for mortgage closings on or after July 1, 1970, shall be
						nine-tenths of one percent of the mortgage loan, payable on requisition on or
						after the mortgage closing to the State Department of Health by the mortgagor.
						Adjustments of charges for the development period shall be made by adjusting
						future operational period payments.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Hospital Mortgage Loans › Section 87.30 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 terms eligible borrower, mortgagor or hospital as used in this Part shall mean
					 a not-for-profit hospital or medical corporation that has entered into a
					 regulatory agreement with the commissioner.
(b) A hospital is required to comply with all
					 applicable provisions of law, including, but not limited to, the Private
					 Housing Finance Law and the New York State Medical Care Facilities Finance
					 Agency Act, the Public Health Law, the State Hospital Code and the
					 administrative rules and regulations of the State Commissioner of
					 Health.
(c) A hospital shall apply
					 for the prior approval of construction of the facility in accordance with the
					 provisions of section 2802  of the Public Health Law and the State
					 Hospital Code.
(d) A hospital shall
					 apply for a mortgage loan by setting forth in the application for construction
					 the amount of the proposed mortgage loan requested for development of the
					 project.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Hospital Mortgage Loans › Section 87.31 - Project development

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section shall apply to the project development period from the inception of a project to the final financial occupancy date declared by the State Commissioner of Health.
(b) All proposed or pre-existing professional service contracts and consultant contracts shall require the written approval of the State Department of Health to be included in eligible project cost. All such contracts shall be in writing duly executed by the parties thereto.
(1) All architectural and engineering contracts shall be submitted to the State Department of Health for approval. The architect or engineer shall comply with the State Department of Health requirements including the provision of acceptable professional liability insurance, the assurance of continuity of professional services, satisfactory evidence of the ability to perform the architectural and engineering services required, and agreement to attend conferences and provide professional services as required by the State Department of Health.
(2) All attorney retainers shall be submitted to the State Department of Health for review and approval. The attorney shall comply with the State Department of Health requirements including the assurance of continuity of professional services and the agreement to attend conferences and provide professional services as required by the State Department of Health.
(3) All written consultant contracts relating to the development period shall be submitted to the State Department of Health for review and approval. The consultant shall comply with the State Department of Health requirements including the assurance of continuity of consultive services, satisfactory evidence of ability to perform the consultive services required, and agreement to attend conferences and provide consultive services as required by the State Department of Health.
(4) All professional service contracts and consultant contracts for the project shall set forth fee and payment provisions in an amount no greater than contained in the fee guidelines approved by the State Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Hospital Mortgage Loans › Section 87.33 - Development period records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hospital shall establish and maintain a
					 separate uniform system of accounts during the development period for all items
					 of project cost designed to conform with the State Department of Health
					 requirements and regulations.
(b)
					 The following reports as required by the regulatory agreement during the
					 development period after mortgage closing shall be submitted promptly.
(1) Quarterly reports commencing with the
					 date of inception to and including the last day of March, June, September and
					 December.
(2) An annual report for
					 the period ending December 31, or the fiscal year ending date if different,
					 which shall contain the opinion and certificate of an independent licensed or
					 certified public accountant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Hospital Mortgage Loans › Section 87.34 - Insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hospital
					 shall make provision for and obtain insurance and bonds in accordance with the
					 requirements of the State Department of Health and the State Housing Finance
					 Agency or the State Medical Care Facilities Finance Agency.
(b) The amount, extent and endorsements of
					 the insurance maintained, and the custody of the insurance policies, shall be
					 in accordance with the requirements of the State Department of
					 Health.
(c) A hospital shall
					 provide and maintain such additional insurance as may from time to time be
					 required by the State Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter L - Hospitals and Related Facilities › Part 87 - Nursing Home Company And Hospital Mortgage Loans › Hospital Mortgage Loans › Section 87.35 - Initial occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 hospital shall obtain timely final inspections of construction and medicaid and
					 medicare approvals. Requests for such, and the submission of an application for
					 an operating certificate to the State Department of Health, shall be instituted
					 six months prior to scheduled initial occupancy of the project.
(b) A hospital shall forward to the State
					 Department of Health a final proposed schedule of estimated annual expenses and
					 income and a supporting schedule of all entries therein no later than three
					 months prior to initial occupancy of the project.
(c) A hospital shall submit to the State
					 Department of Health for approval for each budget year a balanced budget of
					 estimated annual expenses and income no later than 15 days preceding the
					 effective date of the budget.
(d) A
					 hospital shall obtain the prior approval of the State Department of Health for
					 all written contracts except those approved by inclusion in the approved budget
					 of the hospital.
(e) A hospital
					 shall establish and maintain an inventory register of all equipment purchased
					 as a part of the project in accordance with the requirements of the State
					 Department of Health.
(f) Any
					 change in or addition to the services provided by a hospital shall require
					 prior approval as set forth in the State Hospital Code.
(g) Such other reports as may be required by
					 the State Department of Health shall be submitted promptly.