2976-A - Fees in connection with certain health care facility financings.
§ 2976-a. Fees in connection with certain health care facility financings. 1. In connection with the issuance of bonds, notes, or other obligations issued by public benefit corporations (which for purposes of this section shall include industrial development agencies created pursuant to title one of article eighteen-A of the general municipal law or any other provision of law) to finance the cost of a project approved by the commissioner of health for which reimbursement is provided pursuant to article twenty-eight of the public health law, the commissioner of health shall charge a fee of nine tenths of one percent of the original principal amount of the bonds or other obligations issued for such purpose. Such fee shall be payable by the entity that owns or operates the facility to the state department of health upon the closing of such bonds or obligations. 2. In connection with the issuance of bonds, notes, or other obligations issued by a public benefit corporation to refund or refinance bonds or other obligations issued to finance the cost of a project approved by the commissioner of health for which reimbursement is provided pursuant to article twenty-eight of the public health law, the commissioner of health shall charge a fee of five tenths of one percent of the original principal amount of the bonds or other obligations issued for such purpose. Such fee shall be payable by the entity that owns or operates the facility to the state department of health upon the closing of such bonds or obligations. 3. The fees and charges paid by a non-profit hospital corporation, non-profit corporation providing a residential health care facility or non-profit medical corporation pursuant to subdivisions one and two of this section shall be deemed allowable capital costs in the determination of reimbursement rates established pursuant to article twenty-eight of the public health law. The cost of such fees and charges shall not be subject to reimbursement ceilings or other penalties used by the commissioner of health for the purpose of establishing reimbursement rates pursuant to article twenty-eight of the public health law.