Section 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.