N.Y. PBH Law § 2825-H — New York Code / Act PBH / Article 28 / Section 2825-H
Health care facility transformation program: statewide V
Status: in_force

§ 2825-h. Health care facility transformation program: statewide V. 1.\nA statewide health care facility transformation program is hereby\nestablished within the department for the purpose of transforming,\nredesigning, and strengthening quality health care services in alignment\nwith statewide and regional health care needs, and in the ongoing\npandemic response. The program shall also provide funding, subject to\nlawful appropriation, in support of capital projects, debt retirement,\nworking capital or other non-capital projects that facilitate furthering\nsuch transformational goals.\n  2. The commissioner shall enter into an agreement with the president\nof the dormitory authority of the state of New York pursuant to section\nsixteen hundred eighty-r of the public authorities law, which shall\napply to this agreement, subject to the approval of the director of the\ndivision of the budget, for the purposes of the distribution and\nadministration of available funds pursuant to such agreement, and made\navailable pursuant to this section and appropriation. Such funds may be\nawarded and distributed by the department for grants to health care\nproviders including but not limited to, hospitals, residential health\ncare facilities, adult care facilities licensed under title two of\narticle seven of the social services law, diagnostic and treatment\ncenters licensed or granted an operating certificate under this chapter,\nclinics, including but not limited to those licensed or granted an\noperating certificate under this chapter or the mental hygiene law,\nchildren's residential treatment facilities licensed under article\nthirty-one of the mental hygiene law, assisted living programs approved\nby the department pursuant to section four hundred sixty-one-l of the\nsocial services law, behavioral health facilities licensed or granted an\noperating certificate pursuant to articles thirty-one and thirty-two of\nthe mental hygiene law, home care providers certified or licensed under\narticle thirty-six of this chapter, primary care providers, hospices\nlicensed or granted an operating certificate pursuant to article forty\nof this chapter, community-based programs funded under the office of\nmental health, the office of addiction services and supports, the office\nfor people with developmental disabilities, or through local\ngovernmental units as defined under article forty-one of the mental\nhygiene law, independent practice associations or organizations,\nresidential facilities or day program facilities licensed or granted an\noperating certificate under article sixteen of the mental hygiene law,\nand midwifery birth centers established pursuant to this chapter. A copy\nof such agreement, and any amendments thereto, shall be provided by the\ndepartment to the chair of the senate finance committee, the chair of\nthe assembly ways and means committee, and the director of the division\nof the budget no later than thirty days after such agreement is\nfinalized. Projects awarded, in whole or part, under sections\ntwenty-eight hundred twenty-five-a and twenty-eight hundred\ntwenty-five-b of this article shall not be eligible for grants or awards\nmade available under this section.\n  3. Notwithstanding section one hundred sixty-three of the state\nfinance law, or any inconsistent provision of law to the contrary, up to\nfour hundred ninety million dollars of the funds appropriated for this\nprogram shall be awarded, without a competitive bid or request for\nproposal process, for grants to health care providers, as defined in\nsubdivision two of this section. Awards made pursuant to this\nsubdivision shall provide funding for capital projects, debt retirement,\nworking capital or other non-capital projects to the extent lawful\nappropriation and funding is available, to build innovative,\npatient-centered models of care, increase access to care, to improve the\nquality of care and to ensure financial sustainability of health care\nproviders, and develop capacity in underserved areas of the state. For\nthe purposes of this section, the development of capacity in underserved\nareas shall include new construction and renovation projects in areas\ndetermined to be underserved by the department.\n  4. Notwithstanding section one hundred sixty-three of the state\nfinance law, or any inconsistent provision of law to the contrary, up to\nfive hundred million dollars of the funds appropriated for this program\nshall be awarded, without a competitive bid or request for proposal\nprocess, for technological and telehealth transformation projects, which\nshall include projects related to improving cyber security, and which\nmay also include unfunded project applications submitted in response to\na request for applications issued by the department pursuant to\nsubdivision six of section twenty-eight hundred twenty-five-g of this\narticle.\n  5. Selection of awards made by the department pursuant to subdivisions\nthree and four of this section shall be contingent on an evaluation\nprocess acceptable to the commissioner and approved by the director of\nthe division of the budget. Disbursement of awards shall be conditioned\non the awardee achieving certain process and performance metrics and\nmilestones as determined by the commissioner. Such metrics and\nmilestones shall be structured to ensure that the goals of the project\nare achieved, and such metrics and milestones shall be included in grant\ndisbursement agreements or other contractual documents as required by\nthe commissioner.\n  6. The department shall provide a report on a quarterly basis to the\nchairs of the senate finance, assembly ways and means, and senate and\nassembly health committees, until such time as the department determines\nthat the projects that receive funding pursuant to this section are\nsubstantially complete. Such reports shall be submitted no later than\nsixty days after the close of the quarter, and shall include, for each\naward, the name of the health care provider as defined in subdivision\ntwo of this section, a description of the project or purpose, the amount\nof the award, disbursement date, and status of achievement of process\nand performance metrics and milestones pursuant to subdivision five of\nthis section.\n