§ 2852 — Definitions

§ 2852. Definitions. As used in this article the following words and\nphrases shall have the following meanings unless a different meaning is\nplainly required by the context:\n 1. "Commissioner". The commissioner of health of the state of New\nYork.\n 2. "Company." "Nursing home company." A non-profit nursing home\ncompany, duly incorporated pursuant to the provisions of the\nnot-for-profit corporation law and this article, or a limited-profit\nnursing home company duly incorporated pursuant to the provisions of\nthis article for the purpose of providing nursing home accommodations,\nincluding board and nursing care by or under the supervision of a duly\nlicensed physician to sick, invalid, infirm, disabled or convalescent\npersons of low income or of providing health-related service as defined\nin article twenty-eight of this chapter to persons of low income, or any\ncombination of the foregoing, and in addition thereto, of providing\nnursing care and health-related service, or either of them, to persons\nof low income who are not occupants of the project, and such other\nfacilities as may be deemed by the commissioner to be incidental and\nappurtenant thereto.\n 3. "Project." "Nursing home project." A specific work or improvement,\nincluding lands, buildings, improvements, fixtures and articles of\npersonal property, acquired, constructed, rehabilitated, managed, owned\nor operated by a company pursuant to this article to provide nursing\nhome accommodations, including board and nursing care by or under the\nsupervision of a duly licensed physician to sick, invalid, infirm,\ndisabled or convalescent persons of low income or of providing\nhealth-related service as defined in article twenty-eight of this\nchapter to persons of low income, or any combination of the foregoing,\nor such care or service and hospital service, and in addition thereto of\nproviding nursing care and health-related service, or either of them, or\nsuch care and service and hospital service, to persons of low income who\nare not occupants of the project, and such other facilities as may be\ndeemed by the commissioner to be incidental and appurtenant thereto.\n 4. "Project cost". "Nursing home project cost". The sum total of all\ncosts incurred by a company as approved by the commissioner as\nreasonable and necessary for carrying out all works and undertakings and\nproviding all necessary equipment for the development of a project less\nany portion of any state, federal or municipal assistance grant as the\ncommissioner shall, prior to the making of a loan by the New York state\nhousing finance agency or the New York state medical care facilities\nfinance agency, as the case may be, to a company, determine to be\navailable to reimburse the company for the payment of such project costs\nprior to the initial occupancy of the project. These shall include but\nare not necessarily limited to the carrying charges during construction\nor rehabilitation up to and including the occupancy date, working\ncapital not exceeding three per centum of the estimated total cost or\nthree per centum of the actual total final cost, whichever is larger,\nthe cost of all necessary studies, surveys, plans and specifications,\narchitectural, engineering, legal or other special services, the cost of\nacquisition of land and any buildings and improvements thereon, site\npreparation and development, construction, reconstruction and equipment,\nincluding fixtures, equipment, and articles of personal property\nrequired for the operation of lodging, board, medical and nursing\ntreatment facilities, the reasonable cost of financing incurred by the\ncompany in the course of the development of the project, up to and\nincluding the occupancy date, the fees imposed by the commissioner and\nby the New York state housing finance agency or the New York state\nmedical care facilities finance agency, as the case may be; other fees\ncharged, and necessary expenses incurred in connection with the initial\noccupancy of the project, and the cost of such other items as the\ncommissioner may determine to be reasonable and necessary for the\ndevelopment of a project, less any and all rents and other net revenues\nfrom the operation of the real property, improvements or personal\nproperty on the project site, or any part thereof, by the company on and\nafter the date on which the contract between the company and the New\nYork state housing finance agency or the New York state medical care\nfacilities finance agency, as the case may be, was entered into and\nprior to the occupancy date.\n 5. "Occupancy date". The date defined in the document providing for a\nloan between a company and the New York state housing finance agency or\nthe New York state medical care facilities finance agency, as the case\nmay be.\n 6. "Loan". As used in this article, a loan shall mean either a\nmortgage loan or a project loan, each as defined in the New York state\nmedical care facilities finance agency act, made by the agency to a\nnursing home company, as defined in the New York state medical care\nfacilities finance agency act.\n