New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 621 - Financial Assistance for Capital Construction and Financing
Section 621.11 - Eligible costs for a Facilities Development Corporation mortgage loan

(1) the construction, acquisition, reconstruction, rehabilitation, or improvement of a facility;

(2) the acquisition of any interest in or option to purchase an interest in land, or the acquisition of, or an option to acquire, an ownership interest in, and a leasehold estate in the premises as evidenced by a proprietary lease from, an organization formed for the purpose of cooperative ownership of real estate and any improvements thereon, required as the site of the facility or for use in connection with the facility, and preparation of such site and land;

(3) feasibility studies, designs, surveys, plans, and specifications;

(4) program development costs;

(5) engineering and architectural services;

(6) indemnity and surety bonds and insurance premiums;

(7) equipment including machinery, fixtures, furnishings and other personal property required for the operation of the facility;

(8) costs incurred prior to the date of the first admission, during the period described in section 686.13(c)(4)(i) of this Chapter, including personal service, utilities, taxes, insurance, employee training, housekeeping, repair and maintenance, security, and administrative expenses;

(9) operational costs for up to three months from the date of the first admission, subject to the immediate repayment, at the discretion of the commissioner, of any or all of that portion of the loan principal attributable to such costs. For facilities for which the voluntary agency receives reimbursement rates or fees as a result of services rendered to OPWDD and/or the New York State Medicaid program, such repayment may be based on an assignment to OPWDD of the voluntary agency's rate or fee reimbursement for operational costs during such period, which may, at the discretion of the commissioner, be required from the voluntary agency in the format prescribed by the commissioner;

(10) costs and expenses in connection with the issuance of the bonds and notes by MCFFA to finance the facility, including: interest from the date of such issuance to the date such interest is paid by MCFFA from the payments made by the voluntary agency; related administrative and direct costs and fees of MCFFA, trustees, depositories and paying agents, not including the annual administrative fees charged by MCFFA; and fees and expenses of financial advisers and consultants in connection with such issuance;

(11) the cost of financing and refinancing any of the costs enumerated in this Part, including interest;

(12) the development period fee imposed by the commissioner pursuant to section 621.12(a) of this Part; and

(13) such other costs as the commissioner may determine to be reasonable and necessary; provided that such costs are allowable pursuant to the Medicare Provider Reimbursement Manual.