2006 New York Code - Fees In Connection With Certain Health Care Facility Financings.

 
    § 2976-a.  Fees  in  connection  with  certain  health  care  facility
  financings. 1. In connection with the issuance of bonds, notes, or other
  obligations issued by public benefit corporations (which for purposes of
  this section  shall  include  industrial  development  agencies  created
  pursuant to title one of article eighteen-A of the general municipal law
  or any other provision of law) to finance the cost of a project approved
  by  the  commissioner  of  health  for  which  reimbursement is provided
  pursuant  to  article  twenty-eight  of  the  public  health  law,   the
  commissioner  of health shall charge a fee of nine tenths of one percent
  of the original principal amount  of  the  bonds  or  other  obligations
  issued  for  such  purpose. Such fee shall be payable by the entity that
  owns or operates the facility to the state department of health upon the
  closing of such bonds or obligations.
    2.  In  connection  with  the  issuance  of  bonds,  notes,  or  other
  obligations  issued  by  a  public  benefit  corporation  to  refund  or
  refinance bonds or other obligations issued to finance  the  cost  of  a
  project  approved  by the commissioner of health for which reimbursement
  is provided pursuant to article twenty-eight of the public  health  law,
  the  commissioner  of  health  shall  charge a fee of five tenths of one
  percent  of  the  original  principal  amount  of  the  bonds  or  other
  obligations  issued  for  such purpose. Such fee shall be payable by the
  entity that owns or operates the facility to  the  state  department  of
  health upon the closing of such bonds or obligations.
    3. The commissioner of health may, by regulation, establish and charge
  to  the  owners or operators of projects approved by the commissioner of
  health  for  which  reimbursement  is  provided  pursuant   to   article
  twenty-eight  of  the  public  health  law,  such  fees  and charges for
  inspection, regulation, supervision and audit as to the commissioner  of
  health  may appear just and reasonable to recover the departmental costs
  in performing these functions.
    4. The fees and charges paid by  a  non-profit  hospital  corporation,
  non-profit  corporation  providing a residential health care facility or
  non-profit medical corporation pursuant to subdivisions one and  two  of
  this   section   shall   be   deemed  allowable  capital  costs  in  the
  determination of reimbursement rates  established  pursuant  to  article
  twenty-eight of the public health law. The cost of such fees and charges
  shall  not  be subject to reimbursement ceilings or other penalties used
  by  the  commissioner  of  health  for  the  purpose   of   establishing
  reimbursement  rates  pursuant  to  article  twenty-eight  of the public
  health law.