New York Public Health Law Article 28-A - NURSING HOME COMPANIES

• 2850 - Short Title.
  This article shall be known, and may be cited and referred to as the "nursing home companies law".
• 2851 - Policy and Purposes of Article.
  It is hereby declared that a serious shortage of safe and sanitary nursing home accommodations for persons of low income, whose need for combined nursing...
• 2852 - Definitions.
  As used in this article the following words and phrases shall have the following meanings unless a different meaning is plainly required by the context:...
• 2853 - Nursing Home Companies; How Created.
  1. Notwithstanding the provisions of any other law or requirement to the contrary, non-profit nursing home companies shall be incorporated and organized pursuant to the...
• 2854 - Consent of Commissioner.
  Whenever any such certificate shall be presented to the secretary of state, he shall not file such certificate unless there shall accompany the same a...
• 2855 - Prerequisites to Consent of Commissioner.
  The commissioner shall not approve any such certificate or amendment thereto unless and until there is endorsed thereon or annexed thereto the written approval of...
• 2856 - Powers and Limitations of a Nursing Home Company.
  1. Except as is inconsistent with the provisions of this article, a nursing home company shall have, in carrying out the purpose of this article,...
• 2857 - Members, Officers and Directors.
  1. No member or director of a company shall receive any salary or other compensation for services as such member or director, other than reimbursement...
• 2858 - Loans.
  1. Any nursing home company formed under this article may, subject to the approval of the commissioner, borrow funds from the New York state housing...
• 2859 - Conditions and Security for Loans.
  No loan shall be made by the New York state housing finance agency or the New York state medical care facilities finance agency to a...
• 2860 - Rental Rates and Selection of Occupants.
  1. A company shall, with the approval of the commissioner, fix maximum rates to be charged occupants of each nursing home project for the facilities...
• 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,...
• 2862 - Supervision and Regulation.
  1. The commissioner may from time to time make, alter, amend and repeal rules and regulations for the supervision, examination, regulation and audit of nursing...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: February 3, 2019