N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 86-1.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 86-1.9 - Compensation of operators and relatives of operators

(a) Reasonable compensation for operators or relatives of operators for services actually performed and required to be performed shall be considered as an allowable cost. The amount to be allowed shall be equal to the amount normally required to be paid for the same service provided by a nonrelated employee, as determined by the State Commissioner of Health. Compensation shall not be included in the rate computation for any services which the operator or relative of the operator is not authorized to perform under New York State law and regulation.

(b) Any amount reported as compensation for services rendered by an operator or relative of an operator shall not be allowed in excess of the maximum allowance for full time services in carrying out his primary function.

(c) For purposes of subdivision (a) of this section, in determining a reasonable level of compensation for operators or relatives of operators, the commissioner may consider the quality of care provided to patients by the facility during the year in question.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 86-1.9

Amended, New York State Register, Volume XXXVI, Issue 27, effective 7/9/2014