(a) Subject to the availability of Federal financial participation, the capital cost components of the rates of eligible residential health care facilities for periods on and after the effective date of this regulation shall be adjusted in accordance with the following:

1. (1) For the purposes of this section, eligible facilities are those facilities which the commissioner determines are financially distressed in terms of their being unable to finance, at terms acceptable to the commissioner, the installation of automatic sprinkler systems, in conformity with the provisions of Federal regulations set forth in 42 CFR 483.70(a)(8). In making such determinations of eligibility the commissioner shall consider information obtained from a facility's cost report, other more recent financial information to be provided by the facility, and such other information as may be required by the commissioner, including, but not limited to:

   1. (i) operating profits and losses;
   2. (ii) eligibility for funding pursuant to subdivision twenty-one of section 2808 of the Public Health Law;
   3. (iii) unrestricted fund balances;
   4. (iv) documentation demonstrating the inability of the facility to obtain credit, at terms acceptable to the commissioner, without the reimbursement treatment accorded pursuant to this section;
   5. (v) working capital;
   6. (vi) days of cash expense on hand;
   7. (vii) days of revenue in accounts receivable;
   8. (viii) transfers and withdrawals;
   9. (ix) information related to the health and safety of a facility's residents;
   10. (x) other financial information as may be required from the facility by the commissioner; and
   11. (xi) the filing of a notice pursuant to subdivision 1-a of section 2802 of the Public Health Law, or the receipt of required CON approvals, as appropriate.
2. (2) The capital cost component of the Medicaid rates of each eligible facility shall be adjusted in an amount, as determined by the commissioner, to reflect the costs of the annual debt service related to the financing of equipment and other capital improvements directly related to the financing of an automatic sprinkler system that will be in compliance with applicable Federal regulations.
3. (3) As a condition for receipt of funding pursuant to this section, each eligible facility shall submit to the commissioner the costs of the project, the proposed terms of the financing, including interest rate and term of the financing, and a schedule setting forth by month the estimated debt service payable over the life of the financing. Such schedule, along with such other information as may be required by the commissioner, shall be provided to the commissioner for review and approval at least 60 days prior to the due date of such first debt service payment, or such shorter period as the commissioner may permit.
4. (4) As a condition for receipt of funding pursuant to this section, Medicaid revenues attributable to the rate adjustments authorized by this section and any other additional facility revenues needed to cover scheduled debt service payments relating to the financing of an automatic sprinkler system that is in compliance with Federal regulation as described in this section, shall be deposited into a separate account maintained by the facility and the deposits in such account shall be used solely for the purpose of satisfying such debt service payments.