DOH Issues Revised Equity Withdrawal Form

Carl J. Pucci in Finance & Reimbursement

DOH has posted the revised Owners’ Equity Withdrawal form and related DAL to the HCS website.

Notable revisions are as follows: 

  • Adapts 2010 amended statute reflecting three percent threshold of total annual revenue vs. Medicaid revenue;
  • Now requires sixty days notice of anticipated withdrawal;
  • Maintains existing provision that equity withdrawal include withdrawals made for the purpose of paying federal and/or state taxes (notwithstanding the Court of Appeals decision in Brightonian v. Daines which stated, among other things, that payments for taxes are not counted towards the three percent threshold);
  • Requires additional information related to equity distributions paid to owners for salaries, as well as to affiliated entities;
  • Requires disclosure of any outstanding owner loan balances to the facility;
  • Requires inclusion of monthly cash flow and balance sheet for the current period;
  • Now requires electronic filing to the address.

NYSHFA is providing an audio conference next Tuesday, September 12, 2017 from 10:00 am to noon on Withdrawal of Equity. Attached is a link to the conference brochure.

In addition, a video of the 7/13/17 capital webinar (along with the PowerPoint and FAQ’s) is also posted to the HCS. Both items are located within the Nursing Home Cost Report section of the HCS.


Carl J. Pucci
Chief Financial Officer
518-462-4800 x36