* § 2828. Residential health care facilities; minimum direct resident\ncare spending. 1. (a) Notwithstanding any law to the contrary, the\ndepartment shall promulgate regulations governing the disposition of\nrevenue in excess of expenses for residential health care facilities\nconsistent with this section. Beginning on and after January first, two\nthousand twenty-two, every residential health care facility shall spend\na minimum of seventy percent of revenue on direct resident care, and\nforty percent of revenue shall be spent on resident-facing staffing,\nprovided that amounts spent on resident-facing staffing shall be\nincluded as a part of amounts spent on direct resident care.\n (b) Fifteen percent of costs associated with resident-facing staffing\ncontracted out by a facility for services provided by registered\nprofessional nurses or licensed practical nurses licensed pursuant to\narticle one hundred thirty-nine of the education law or certified nurse\naides who have completed certification and training approved by the\ndepartment shall be deducted from the calculation of the amount spent on\nresident-facing staffing and direct resident care.\n (c) (i) Except as provided in subparagraph (ii) of this paragraph,\nsuch regulations shall further include at a minimum that any residential\nhealth care facility for which total operating revenue exceeds total\noperating and non-operating expenses by more than five percent of total\noperating and non-operating expenses or that fails to spend the minimum\namount necessary to comply with the minimum spending standards for\nresident-facing staffing or direct resident care, calculated on an\nannual basis, or for the year two thousand twenty-two, on a pro-rata\nbasis for only that portion of the year during which the failure of a\nresidential health care facility to spend a minimum of seventy percent\nof revenue on direct resident care, and forty percent of revenue on\nresident-facing staffing, may be held to be a violation of this chapter,\nshall remit such excess revenue, or the difference between the minimum\nspending requirement and the actual amount of spending on\nresident-facing staffing or direct care staffing, as the case may be, to\nthe state, with such excess revenue which shall be payable, in a manner\nto be determined by such regulations, by November first in the year\nfollowing the year in which the expenses are incurred. The department\nshall collect such payments by methods including, but not limited to,\nbringing suit in a court of competent jurisdiction on its own behalf\nafter giving notice of such suit to the attorney general, deductions or\noffsets from payments made pursuant to the Medicaid program, and shall\ndeposit such recouped funds into the nursing home quality pool, as set\nforth in paragraph (d) of subdivision two-c of section twenty-eight\nhundred eight of this article. Provided further that such payments of\nexcess revenue shall be in addition to and shall not affect a\nresidential health care facility's obligations to make any other\npayments required by state or federal law into the nursing home quality\npool, including but not limited to medicaid rate reductions required\npursuant to paragraph (g) of subdivision two-c of section twenty-eight\nhundred eight of this article and department regulations promulgated\npursuant thereto. The commissioner or their designees shall have\nauthority to audit the residential health care facilities' reports for\ncompliance in accordance with this section.\n (ii) Notwithstanding the requirements prescribed by subparagraph (i)\nof this paragraph, the provisions of a demonstration project established\npursuant to a chapter of the laws of two thousand twenty-three that\namended this subparagraph shall apply to those residential health care\nfacilities who qualify for such demonstration project.\n 2. For the purposes of this section the following terms shall have the\nfollowing meanings:\n (a) "Revenue" shall mean
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.