Repeals provisions relating to rates of payment of residential health care facilities and the withdrawal of equity and the transfer of assets

BILL NUMBER:S2790

Title of bill

An act to repeal paragraph (c) of subdivision 5 of section 2808 of the public health law, relating to rates of payment of residential health care facilities and the withdrawal of equity and the transfer of assets of such facilities

Purpose or general idea of bill

To repeal a recently enacted provision of the law that prohibits owners of nursing homes from withdrawing equity from a from a nursing home facility without first obtaining approval from the Commissioner of Health in all cases where the amount of such withdrawal exceeds three percent of the total Medicaid revenues received by such facility during the previous calendar year.

Summary of specific provisions

Section 1: Repeals the recently enacted Public Health Law section 2808 (5) (c) which was added pursuant to Chapter 58 of the Laws of 2009.

Justification

Operators of nursing homes often need to pay quarterly estimates of their state and federal income taxes or make other payments to satisfy existing tax or other obligations. The Commissioner should not be in the position of refusing an operator the right to withdraw their own money to pay taxes or other obligations or to be forced to wait for as long as sixty days before obtaining such approval to withdraw equity. The current law also places additional burdens on Department of Health staff to process such applications when such provision of the law is not really needed.

Prior legislative history

2010 - DIED IN COMMITTEE 2010 - Lower court of New York ruled in favor of the concept of this bill.

Fiscal implications

None.

Effective date

This act shall take effect the day after it shall have become law.