NY A06567

Amends the definition of "revenue" for nursing home minimum spending requirements to exclude one-time federal financial assistance, in addition to existing exclusions for COVID-19 pandemic relief funds from FEMA and HRSA

Clarifies that the calculation of total operating revenue used to determine compliance with the 70% direct resident care spending and 40% resident-facing staffing requirements must follow the limited definition of revenue

Requires residential health care facilities that exceed expenses by more than 5% or fail to meet minimum spending standards to remit excess revenue to the state by November 1st of the following year

Directs recouped funds to be deposited into the nursing home quality pool, with collection methods including lawsuits and Medicaid payment deductions

Takes effect immediately but applies retroactively to January 1, 2020 for purposes of supplemental payments to qualified not-for-profit facilities under the 2022 aid to localities budget