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N.Y. Public Health Law § 2825-F Health care facility transformation program: statewide III
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§ 2825-f. Health care facility transformation program: statewide III. 1. A statewide health care facility transformation program is hereby established under the joint administration of the commissioner and the president of the dormitory authority of the state of New York for the…
N.Y. Public Health Law § 2825-G Health care facility transformation program: statewide IV
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§ 2825-g. Health care facility transformation program: statewide IV. 1. A statewide health care facility transformation program is hereby established within the department for the purpose of transforming, redesigning, and strengthening quality health care services in alignment w…
N.Y. Public Health Law § 2825-H Health care facility transformation program: statewide V
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§ 2825-h. Health care facility transformation program: statewide V. 1. A statewide health care facility transformation program is hereby established within the department for the purpose of transforming, redesigning, and strengthening quality health care services in alignment wi…
N.Y. Public Health Law § 2825-I Healthcare safety net transformation program
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§ 2825-i. Healthcare safety net transformation program. 1. (a) A statewide healthcare safety net transformation program shall be established within the department for the purpose of supporting the transformation of safety net hospitals to improve access, equity, quality, and out…
N.Y. Public Health Law § 2826 Temporary adjustment to reimbursement rates
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§ 2826. Temporary adjustment to reimbursement rates. (a) Notwithstanding any provision of law to the contrary, within funds appropriated and subject to the availability of federal financial participation, the commissioner may grant approval of a temporary adjustment to the non-c…
N.Y. Public Health Law § 2827 Plant-based food options
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§ 2827. Plant-based food options. 1. Upon request by a patient or the patient's lawful representative in a hospital providing inpatient or residential care, the hospital shall offer the patient a plant-based food option as an alternative to every meal or snack offered in food se…
N.Y. Public Health Law § 2828 Residential health care facilities; minimum direct resident care spending
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* § 2828. Residential health care facilities; minimum direct resident care spending. 1. (a) Notwithstanding any law to the contrary, the department shall promulgate regulations governing the disposition of revenue in excess of expenses for residential health care facilities cons…
N.Y. Public Health Law § 2828*2 Essential support persons allowed for individuals with disabilities during a state of emergency
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* § 2828. Essential support persons allowed for individuals with disabilities during a state of emergency. 1. For purposes of this section, the following terms shall have the following meanings: (a) "Disability" shall mean any condition or disorder which prevents or makes diffic…
N.Y. Public Health Law § 2829 Nursing homes; disclosure requirements
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§ 2829. Nursing homes; disclosure requirements. 1. A nursing home shall post maximum rates to be charged for residency and services on a publicly accessible website. Such posting shall be updated on an annual basis no later than April first of each year. Such posting shall detai…
N.Y. Public Health Law § 2830 Surgical smoke evacuation
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* § 2830. Surgical smoke evacuation. Every general hospital and ambulatory surgery facility licensed under this article shall adopt and implement policies to prevent exposure to surgical smoke through the use of an airborne contaminant evacuation system for each procedure that g…
N.Y. Public Health Law § 2830*2 Regulation of the billing of facility fees
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* § 2830. Regulation of the billing of facility fees. 1. For the purposes of this section, "fee" means any amount charged or billed by a provider for professional health care services provided in a hospital-based facility. 2. No hospital or health system or health care provider …
N.Y. Public Health Law § 2831 Medically fragile young adults
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§ 2831. Medically fragile young adults. 1. For purposes of this section, "medically fragile young adults" shall mean individuals who meet the definition of children with medical fragility, but for the fact such individuals are aged between twenty-one and thirty-five years old. 2…
N.Y. Public Health Law § 2832 Violence prevention program
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§ 2832. Violence prevention program. 1. For the purposes of this section, the term "facility" shall mean a general hospital or a nursing home as defined in section twenty-eight hundred one of this article. 2. Within twelve months of the effective date of this section, every faci…
N.Y. Public Health Law § 2832-A Emergency department security
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§ 2832-a. Emergency department security. 1. A general hospital located in a city or county with a population of one million or more shall be required to have at least one off-duty law enforcement officer or trained security personnel be present at all times in the emergency depa…
N.Y. Public Health Law § 2850 Short title
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§ 2850. Short title. This article shall be known, and may be cited and referred to as the "nursing home companies law".
N.Y. Public Health Law § 2851 Policy and purposes of article
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§ 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 care, lodging and board cannot readily be provided by the ordinary unaided operations…
N.Y. Public Health Law § 2852 Definitions
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§ 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 compa…
N.Y. Public Health Law § 2853 Nursing home companies; how created
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§ 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 not-for-profit corporation law and this article. In addition to t…
N.Y. Public Health Law § 2854 Consent of commissioner
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§ 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 certificate of the commissioner that he consents to the filing of such certificate; nor shall a…
N.Y. Public Health Law § 2855 Prerequisites to consent of commissioner
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§ 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 the public health council in accordance with section two thousand …
N.Y. Public Health Law § 2856 Powers and limitations of a nursing home company
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§ 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, the powers conferred on corporations by the not-for-profit corporation law …
N.Y. Public Health Law § 2857 Members, officers and directors
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§ 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 of actual and necessary expenses incurred in the performance of his duties. No member, …
N.Y. Public Health Law § 2858 Loans
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§ 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 finance agency or the New York state medical care facilities finance agency, as the case may be, and the repayment …
N.Y. Public Health Law § 2859 Conditions and security for loans
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§ 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 company until the commissioner has approved the project and finds that: (1) The company has complied wi…
N.Y. Public Health Law § 2860 Rental rates and selection of occupants
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§ 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 and services provided by the company to such occupants and the maximum rates to b…
N.Y. Public Health Law § 2861 Transfer of real property
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§ 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, guardian or other person holding trust funds or acting in a fiduciary ca…
N.Y. Public Health Law § 2862 Supervision and regulation
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§ 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 home companies and for carrying into effect the provisions and purposes of this art…
N.Y. Public Health Law § 2863 Payment out of earnings of limited-profit nursing home companies
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§ 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 for interest on an amortization of the mortgage i…
N.Y. Public Health Law § 2864 Tax exemptions of limited-profit nursing home companies
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§ 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 local improvements, to the extent of the value of the property …
N.Y. Public Health Law § 2865 Voluntary dissolution
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§ 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 York state housing finance agency or the New York state medical care facilities finance agency, as the case may be, wi…
N.Y. Public Health Law § 2866 Foreclosures and judgments
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§ 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 public therein and no costs shall be awarded against him. Foreclosures shall not be decreed unless…
N.Y. Public Health Law § 2868 Fees and charges
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§ 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 inspection, regulation, supervision and audit not to annually exceed two-tenths of one percent of the …
N.Y. Public Health Law § 2869 Separability
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§ 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 not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clau…
N.Y. Public Health Law § 2870 Short title
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§ 2870. Short title. This article shall be known, and may be cited and referred to as the "hospital loan construction law".
N.Y. Public Health Law § 2871 Policy and purposes of article
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§ 2871. Policy and purposes of article. Many hospitals and other health facilities throughout the state are becoming obsolete and are no longer adequate to meet the needs of modern medicine. As a result of rapid technological changes, such facilities require substantial structur…
N.Y. Public Health Law § 2872 Definitions
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§ 2872. 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. "Agency". The New York state …
N.Y. Public Health Law § 2873 Regulation of eligible borrowers
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§ 2873. Regulation of eligible borrowers. 1. Every eligible borrower, as a condition precedent to borrowing funds from the agency, shall enter into a regulatory agreement with the commissioner which shall provide: (a) that the real property or other assets mortgaged or otherwise…
N.Y. Public Health Law § 2874 Loans
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§ 2874. Loans. 1. Any eligible borrower may, subject to the approval of the commissioner, borrow funds from the agency and the repayment thereof may be secured by bond or note and mortgage or other agreement which shall contain such terms and conditions as may be deemed necessar…
N.Y. Public Health Law § 2874-A Mortgage loans to eligible secured hospital borrowers
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* § 2874-a. Mortgage loans to eligible secured hospital borrowers. Except as specified herein, eligible secured hospital borrowers shall be subject to all of the requirements to which eligible borrowers are subject under this article. Mortgage loans to eligible secured hospital …
N.Y. Public Health Law § 2875 Conditions and security for loans
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§ 2875. Conditions and security for loans. No loan shall be made by the agency to an eligible borrower until the commissioner has approved the project and finds that: 1. The eligible borrower has complied with all of the provisions of article twenty-eight of this chapter and thi…
N.Y. Public Health Law § 2876 Occupancy or other rates
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§ 2876. Occupancy or other rates. An eligible borrower shall, with the approval of the commissioner, fix rates to be charged for occupancy or other use of each project. The commissioner upon his own motion, or upon application by the eligible borrower or lienholder may vary the …
N.Y. Public Health Law § 2877 Transfer of real property
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§ 2877. 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, guardian or other person holding trust funds or acting in a fiduciary ca…
N.Y. Public Health Law § 2878 Supervision
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§ 2878. Supervision. 1. The commissioner may from time to time make, alter, amend and repeal rules and regulations for the supervision, examination, regulation and audit of an eligible borrower and for carrying into effect the provisions and purposes of this article, and each el…
N.Y. Public Health Law § 2879 Foreclosures and judgments
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§ 2879. 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 public therein and no costs shall be awarded against him. Foreclosures shall not be decreed unless…
N.Y. Public Health Law § 2880 Hospital facilities development fund
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§ 2880. Hospital facilities development fund. 1. Establishment of fund. a. There is hereby created and established in the department of health a revolving fund to be known as the "hospital facilities development fund". b. There shall be paid into such hospital facilities develop…
N.Y. Public Health Law § 2881 Fees and charges
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§ 2881. Fees and charges. The commissioner may, by regulation, establish and charge to eligible borrowers, for the period from occupancy date to mortgage discharge, a fee for inspection, regulation, supervision and audit not to annually exceed two-tenths of one percent of the mo…
N.Y. Public Health Law § 2882 Separability
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§ 2882. 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 not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clau…
N.Y. Public Health Law § 2883 Authority and responsibility of commissioner regarding hospital mortgages
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§ 2883. Authority and responsibility of commissioner regarding hospital mortgages. For the purposes of this article, only the provisions of sections twenty-eight hundred seventy, twenty-eight hundred seventy-one, twenty-eight hundred seventy-two, twenty-eight hundred seventy-thr…
N.Y. Public Health Law § 2890 Policy and purposes of article
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§ 2890. Policy and purposes of article. It is hereby declared that the recruitment, training, availability and proper performance of nursing service personnel in hospitals, nursing homes and home health agencies are matters of vital concern to the public health. Shortages and im…
N.Y. Public Health Law § 2891 Nurse manpower center
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§ 2891. Nurse manpower center. The commissioner shall establish within the department a nurse manpower center for the purposes of instituting and conducting nurse manpower studies and surveys and the making of recommendations for the improvement of nursing service.