NY S08804

Amends conditions allowing non-public residential health care facilities to withdraw up to 5% of total reported annual revenue for patient care services without prior notification to the health commissioner

Requires facilities to demonstrate staffing compliance over the two preceding quarters for which data is available to the department, rather than just the two preceding quarters

Adds new eligibility requirement that facilities must not be in the Special Focus Facility program operated by the Centers for Medicare and Medicaid Services or subject to denial of payment for new admissions by CMS

Prohibits facilities from withdrawing assets without notification if they have been subject to enforcement action by the department or CMS in the previous 18 months that resulted in a finding of deficiency

Delays the effective date of certain provisions of the 2025 law on equity withdrawals (sections two and three) by one year after enactment