N.Y. PBH Law § 2825 — New York Code / Act PBH / Article 28 / Section 2825
Capital restructuring financing program
Status: in_force

§ 2825. Capital restructuring financing program. 1. A capital\nrestructuring financing program is hereby established under the joint\nadministration of the commissioner and the president of the dormitory\nauthority of the state of New York for the purpose of enhancing the\nquality, financial viability and efficiency of New York's health care\ndelivery system by transforming the system into a more rational\npatient-centered care system that promotes population health and\nimproved well-being for all New Yorkers. The issuance of any bonds or\nnotes hereunder shall further be subject to the approval of the director\nof the division of the budget, and any projects funded through the\nissuance of bonds or notes hereunder shall be approved by the New York\nstate public authorities control board, as required under section\nfifty-one of the public authorities law.\n  2. For the period April first, two thousand fourteen through March\nthirty-first, two thousand twenty-one, funds made available for\nexpenditure pursuant to this section may be distributed by the\ncommissioner and the president of the authority, in consultation with\nthe commissioners of the office of mental health, office for people with\ndevelopmental disabilities and office for alcoholism and substance abuse\nservices, as applicable, for:\n  (a) capital grants to general hospitals, residential health care\nfacilities, diagnostics and treatment centers, and clinics licensed\npursuant to this chapter or the mental hygiene law, assisted living\nprograms, primary care providers, and home care providers certified or\nlicensed pursuant to article thirty-six of this chapter (collectively\n"applicants") that qualify for payments under the delivery system reform\nincentive payment program (DSRIP), in which case funding under this\nparagraph shall be requested in such applicant's DSRIP application. Such\ncapital grant projects include, but are not limited to; closures,\nmergers, restructuring, improvements to infrastructure, development of\nprimary care service capacity, development of telehealth infrastructure,\nthe promotion of integrated delivery systems that strengthen and protect\ncontinued access to essential health care services and other\ntransformational projects as determined by the commissioner and the\npresident of the authority.\n  (b) capital grants to general hospitals, residential health care\nfacilities, diagnostic and treatment centers, and clinics licensed\npursuant to this chapter or the mental hygiene law, assisted living\nprograms, primary care providers, home care providers, certified or\nlicensed pursuant to article thirty-six of this chapter (collectively\n"applicants") that are non-qualifying and non-participating applicants\nunder paragraph (a) of this subdivision, for capital non-operational\nworks or purposes that support the purposes set forth in this section.\nSuch capital grant projects include, but are not limited to; closures,\nmergers, restructuring, improvements to infrastructure, development of\nprimary care service capacity, development of telehealth infrastructure,\nthe promotion of integrated delivery systems that strengthen and protect\ncontinued access to essential health care services.\n  3. The commissioner and the president of the authority shall enter\ninto an agreement, subject to approval by the director of the budget and\nsubject to section sixteen hundred eighty-r of the public authorities\nlaw, as added by a chapter of the laws of two thousand fourteen, for the\npurposes of awarding, distributing, and administering the funds made\navailable pursuant to this section. To the extent practicable, funds\nshall be awarded regionally in proportion to the applications received\nfrom the request for application issued by or before May first, two\nthousand fifteen. Projects awarded under sections twenty-eight hundred\ntwenty-five-a and twenty-eight hundred twenty-five-b of this article\nshall not be eligible for grants or awards made available under this\nsection.\n  (a) For capital grant projects under paragraph (a) of subdivision two\nof this section, the evaluation of applications shall be submitted\npursuant to the process described in paragraph (b) of subdivision twenty\nof section twenty-eight hundred seven of this article; provided,\nhowever, that such capital grant projects shall not be subject to review\nby the federal Centers for Medicare and Medicaid services.\n  (b) For monies allocated under paragraph (b) of subdivision two of\nthis section:\n  (i) the department shall post on its website, for a period of no less\nthan thirty days:\n  (A) the process by which such applications shall be reviewed;\n  (B) the criteria by which such applications shall be judged; and\n  (C) a list of approved and denied applications subsequent to such\ndetermination.\n  (ii) the evaluation of applications shall be reviewed by the\ndepartment, pursuant to a process to be determined by the department.\nApplications shall then be subject to review by the panel established\npursuant to paragraph (b) of subdivision twenty of section twenty-eight\nhundred seven of this article, which shall submit its recommendations to\nthe commissioner for final determination. Determination of awards for\nfunds allocated under paragraph (b) of subdivision two of this section,\nshall include, but not be limited to the following criteria:\n  (A) eligibility requirements for applicants;\n  (B) statewide geographic distribution of funds;\n  (C) minimum and maximum amounts of funding to be awarded under the\nprogram;\n  (D) the relationship between the project proposed by an applicant and\nidentified community need;\n  (E) the extent to which the applicant has access to alternative\nfinancing;\n  (F) the extent to which the proposed project furthers the purposes set\nforth in this section;\n  (G) the extent that the proposed project furthers the development of\nprimary care;\n  (H) the extent to which the proposed project benefits Medicaid\nenrollees and uninsured individuals;\n  (I) the extent to which the proposed project addresses potential risk\nto patient safety and welfare;\n  (J) the extent that the proposed project involves an applicant that\nreceives or has applied for a temporary rate adjustment pursuant to\napplicable regulations; and\n  (K) the extent to which the proposed project will contribute to the\nlong term sustainability of the applicant.\n  The commissioner shall provide a report on a quarterly basis to the\nchairs of the senate finance, assembly ways and means, senate health and\nassembly health committees. Such reports shall be submitted no later\nthan sixty days after the close of the quarter, and shall conform to the\nreporting requirements of subdivision twenty of section twenty-eight\nhundred seven of this article, as applicable.\n