2006 New York Code - Definitions.

 
    §  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:
    1.  "Commissioner".  The  commissioner  of  health of the state of New
  York.
    2. "Company." "Nursing home  company."    A  non-profit  nursing  home
  company,   duly   incorporated   pursuant   to  the  provisions  of  the
  not-for-profit corporation law and this  article,  or  a  limited-profit
  nursing  home  company  duly  incorporated pursuant to the provisions of
  this article for the purpose of providing nursing  home  accommodations,
  including  board  and nursing care by or under the supervision of a duly
  licensed physician to sick, invalid, infirm,  disabled  or  convalescent
  persons  of low income or of providing health-related service as defined
  in article twenty-eight of this chapter to persons of low income, or any
  combination of the foregoing, and  in  addition  thereto,  of  providing
  nursing  care  and health-related service, or either of them, to persons
  of low income who are not occupants  of  the  project,  and  such  other
  facilities  as  may  be  deemed by the commissioner to be incidental and
  appurtenant thereto.
    3. "Project." "Nursing home project." A specific work or  improvement,
  including  lands,  buildings,  improvements,  fixtures  and  articles of
  personal property, acquired, constructed, rehabilitated, managed,  owned
  or  operated  by  a  company pursuant to this article to provide nursing
  home accommodations, including board and nursing care by  or  under  the
  supervision  of  a  duly  licensed  physician  to sick, invalid, infirm,
  disabled  or  convalescent  persons  of  low  income  or  of   providing
  health-related  service  as  defined  in  article  twenty-eight  of this
  chapter to persons of low income, or any combination of  the  foregoing,
  or such care or service and hospital service, and in addition thereto of
  providing nursing care and health-related service, or either of them, or
  such care and service and hospital service, to persons of low income who
  are  not  occupants  of the project, and such other facilities as may be
  deemed by the commissioner to be incidental and appurtenant thereto.
    4. "Project cost". "Nursing home project cost". The sum total  of  all
  costs  incurred  by  a  company  as  approved  by  the  commissioner  as
  reasonable and necessary for carrying out all works and undertakings and
  providing all necessary equipment for the development of a project  less
  any  portion  of any state, federal or municipal assistance grant as the
  commissioner shall, prior to the making of a 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  a  company,  determine  to  be
  available to reimburse the company for the payment of such project costs
  prior  to  the initial occupancy of the project. These shall include but
  are not necessarily limited to the carrying charges during  construction
  or  rehabilitation  up  to  and  including  the  occupancy date, working
  capital not exceeding three per centum of the estimated  total  cost  or
  three  per  centum  of the actual total final cost, whichever is larger,
  the cost of all necessary studies, surveys,  plans  and  specifications,
  architectural, engineering, legal or other special services, the cost of
  acquisition  of  land  and  any buildings and improvements thereon, site
  preparation and development, construction, reconstruction and equipment,
  including  fixtures,  equipment,  and  articles  of  personal   property
  required  for  the  operation  of  lodging,  board,  medical and nursing
  treatment facilities, the reasonable cost of financing incurred  by  the
  company  in  the  course  of  the  development of the project, up to and
  including the occupancy date, the fees imposed by the  commissioner  and
  by  the  New  York  state  housing  finance agency or the New York state
  medical care facilities finance agency, as the case may be;  other  fees
  charged,  and necessary expenses incurred in connection with the initial
  occupancy of the project, and the  cost  of  such  other  items  as  the
  commissioner  may  determine  to  be  reasonable  and  necessary for the
  development  of a project, less any and all rents and other net revenues
  from the operation  of  the  real  property,  improvements  or  personal
  property on the project site, or any part thereof, by the company on and
  after  the  date  on  which the contract between the company and the New
  York state housing finance agency or the New  York  state  medical  care
  facilities  finance  agency,  as  the  case may be, was entered into and
  prior to the occupancy date.
    5. "Occupancy date". The date defined in the document providing for  a
  loan  between a company and the New York state housing finance agency or
  the New York state medical care facilities finance agency, as  the  case
  may be.
    6.  "Loan".  As  used  in  this  article,  a  loan shall mean either a
  mortgage loan or a project loan, each as defined in the New  York  state
  medical  care  facilities  finance  agency  act, made by the agency to a
  nursing home company, as defined in the  New  York  state  medical  care
  facilities finance agency act.