Section 86-2.29 - Payments to receivers

86-2.29 Payments to receivers.

(a) The commissioner may make noninterest-bearing payments to receivers, appointed pursuant to Public Health Law, section 2810, according to the terms set forth in this section and subject to the availability of moneys therefor.

(b) No such payments shall be made unless the commissioner reasonably anticipates that repayment shall be made prior to or upon termination of the receivership.

(c) Any such payment to a receiver shall be pursuant to a written agreement between such receiver and the commissioner. The amount of such payment shall not exceed the facility's anticipated Medicaid revenue for a four-week period. When the commissioner is the receiver, no written agreements shall be required, but the commissioner shall comply with all other provisions of this section.

(d) A receiver may request a payment upon a showing that:

(1) there is a need for such funds based on the financial condition of the facility;

(2) there are debts that were incurred prior to the receivership, which must be paid by the receiver to assure uninterrupted patient care; or

(3) funds are not otherwise available to correct serious or life-threatening structural deficiencies other than alterations prohibited in Public Health Law, section 2810(2)(c).

(e) The criteria to be considered in determining the reasonableness of anticipating repayment by a receiver of any payment made pursuant to this section shall be:

(1) assignment to the commissioner by the receiver of anticipated revenues not less than the amount of the payment, payable upon demand by the commissioner; and

(2) a signed confession of judgment by the receiver to the commissioner for the full amount of said payment.

(f) Repayment by a receiver of any payment made pursuant to this section shall be applied to reimburse any special revenue fund appropriations made for the purposes of this section and chapter 1021 of the Laws of 1981.
 

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