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

§ 2825-g. Health care facility transformation program: statewide IV.\n1. A 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, and\nresidential facilities or day program facilities licensed or granted an\noperating certificate under article sixteen of the mental hygiene law. A\ncopy of such agreement, and any amendments thereto, shall be provided by\nthe department to the chair of the senate finance committee, the chair\nof the assembly ways and means committee, and the director of the\ndivision of 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 subdivision two of this section or any inconsistent\nprovision of law to the contrary, and upon approval of the director of\nthe budget, the commissioner may, subject to the availability of lawful\nappropriation, award up to four hundred fifty million dollars of the\nfunds made available pursuant to this section for unfunded project\napplications submitted in response to the request for application number\n18406 issued by the department on September thirtieth, two thousand\ntwenty-one pursuant to section twenty-eight hundred twenty-five-f of\nthis article. Authorized amounts to be awarded pursuant to applications\nsubmitted in response to the request for application number 18406 shall\nbe awarded no later than February twenty-eighth, two thousand\ntwenty-three. Provided, however, that a minimum of:\n  (a) twenty-five million dollars of total awarded funds shall be made\nto community-based health care providers, which for purposes of this\nsection shall be defined as diagnostic and treatment centers licensed or\ngranted an operating certificate under this chapter; independent\npractice associations or organizations; home care providers certified or\nlicensed pursuant to article thirty-six of this chapter; and hospices\nlicensed or granted an operating certificate pursuant to article forty\nof this chapter;\n  (b) twenty-five million dollars of total awarded funds shall be made\nto a mental health clinic licensed or granted an operating certificate\nunder article thirty-one of the mental hygiene law; alcohol and\nsubstance use disorder treatment clinics licensed or granted an\noperating certificate under article thirty-two of the mental hygiene\nlaw; clinics licensed or granted an operating certificate under article\nsixteen of the mental hygiene law; and community-based programs funded\nunder the office of mental health or the office of addiction services\nand supports or through local governmental units as defined under\narticle forty-one of the mental hygiene law; and\n  (c) fifty million dollars of total awarded funds shall be made to\nresidential health care facilities or adult care facilities licensed\nunder title two of article seven of the social services law.\n  4. Notwithstanding sections one hundred twelve and one hundred\nsixty-three of the state finance law, sections one hundred forty-two and\none hundred forty-three of the economic development law, or any\ninconsistent provision of law to the contrary, up to two hundred million\ndollars of the funds appropriated for this program shall be awarded,\nwithout a competitive bid or request for proposal process, for grants to\nhealth care providers for purposes of modernization of an emergency\ndepartment of regional significance. For purposes of this subdivision,\nan emergency department shall be considered to have regional\nsignificance if it: (a) serves as Level 1 trauma center with the highest\nvolume in its region; (b) includes the capacity to segregate patients\nwith communicable diseases, trauma or severe behavioral health issues\nfrom other patients in the emergency department; (c) provides training\nin emergency care and trauma care to residents from multiple hospitals\nin the region; and (d) serves a high proportion of Medicaid patients.\n  5. (a) Notwithstanding sections one hundred twelve and one hundred\nsixty-three of the state finance law, sections one hundred forty-two and\none hundred forty-three of the economic development law, or any\ninconsistent provision of law to the contrary, up to seven hundred fifty\nmillion dollars of the funds appropriated for this program shall be\nawarded, without a competitive bid or request for proposal process, for\ngrants to health care providers, as defined in subdivision two of this\nsection.\n  (b) Awards made pursuant to this subdivision shall provide funding for\ncapital projects, debt retirement, working capital or other non-capital\nprojects to the extent lawful appropriation and funding is available, to\nbuild innovative, patient-centered models of care, increase access to\ncare, to improve the quality of care and to ensure financial\nsustainability of health care providers.\n  (c) Provided, however, that a minimum of:\n  (i) twenty-five million dollars of total awarded funds shall be made\nto community-based health care providers, which for purposes of this\nsection shall be defined as diagnostic and treatment centers licensed or\ngranted an operating certificate pursuant to this chapter; independent\npractice associations or organizations; home care providers certified or\nlicensed pursuant to article thirty-six of this chapter; and hospices\nlicensed or granted an operating certificate pursuant to article forty\nof this chapter;\n  (ii) twenty-five million dollars of total awarded funds shall be made\nto a mental health clinic licensed or granted an operating certificate\nunder article thirty-one of the mental hygiene law; alcohol and\nsubstance use disorder treatment clinics licensed or granted an\noperating certificate under article thirty-two of the mental hygiene\nlaw; clinics licensed or granted an operating certificate under article\nsixteen of the mental hygiene law; and community-based programs funded\nunder the office of mental health or the office of addiction services\nand supports or through local governmental units as defined under\narticle forty-one of the mental hygiene law; and\n  (iii) twenty-five million dollars of total awarded funds shall be made\nto residential health care facilities or adult care facilities licensed\nunder title two of article seven of the social services law.\n  6. Notwithstanding sections one hundred twelve and one hundred\nsixty-three of the state finance law, sections one hundred forty-two and\none hundred forty-three of the economic development law, or any\ninconsistent provision of law to the contrary, up to one hundred fifty\nmillion dollars of the funds appropriated for this program shall be\nawarded, without a competitive bid or request for proposal process, for\ntechnological and telehealth transformation projects.\n  7. Notwithstanding sections one hundred twelve and one hundred\nsixty-three of the state finance law, sections one hundred forty-two and\none hundred forty-three of the economic development law, or any\ninconsistent provision of law to the contrary, up to fifty million\ndollars of the funds appropriated for this program shall be awarded,\nwithout a competitive bid or a request for proposal process, to\nresidential and community-based alternatives to the traditional model of\nnursing home care.\n  8. Selection of awards made by the department pursuant to subdivisions\nthree, four, five, six and seven of this section shall be contingent on\nan evaluation process acceptable to the commissioner and approved by the\ndirector of the division of the budget. Disbursement of awards may be\ncontingent on the health care provider as defined in subdivision two of\nthis section achieving certain process and performance metrics and\nmilestones that are structured to ensure that the goals of the project\nare achieved.\n  9. 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 six of\nthis section.\n