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

§ 2825-e. Health care facility transformation program: statewide II.\n1.  A statewide health care facility transformation program is hereby\nestablished under the joint administration of the commissioner and the\npresident of the dormitory authority of the state of New York for the\npurpose of strengthening and protecting continued access to health care\nservices in communities. The program shall provide funding in support of\ncapital projects, debt retirement, working capital or other non-capital\nprojects that facilitate health care transformation activities\nincluding, but not limited to, merger, consolidation, acquisition or\nother activities intended to create financially sustainable systems of\ncare or preserve or expand essential health care services. Grants shall\nnot be available to support general operating expenses. The issuance of\nany bonds or notes hereunder shall be subject to section sixteen hundred\neighty-r of the public authorities law and 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. The commissioner and the president of the dormitory authority shall\nenter into an agreement, subject to approval by the director of the\nbudget, and subject to section sixteen hundred eighty-r of the public\nauthorities law, for the purposes of awarding, distributing, and\nadministering the funds made available pursuant to this section. Such\nfunds may be distributed by the commissioner for capital grants to\ngeneral hospitals, residential health care facilities, diagnostic and\ntreatment centers and clinics licensed pursuant to this chapter or the\nmental hygiene law, and community-based health care providers as defined\nin subdivision three of this section for works or purposes that support\nthe purposes set forth in this section. A copy of such agreement, and\nany amendments thereto, shall be provided to the chair of the senate\nfinance committee, the chair of the assembly ways and means committee,\nand the director of the division of the budget no later than thirty days\nprior to the release of a request for applications for funding under\nthis program. Priority shall be given to new applications for projects\nnot funded under section twenty-eight hundred twenty-five-d of this\narticle. Projects awarded, in whole or part, under sections twenty-eight\nhundred twenty-five-a and twenty-eight hundred twenty-five-b of this\narticle shall not be eligible for grants or awards made available under\nthis 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\nfive hundred million dollars of the funds appropriated for this program\nshall be awarded without a competitive bid or request for proposal\nprocess for grants to health care providers (hereafter "applicants").\nProvided, however, that a minimum of seventy-five million dollars of\ntotal awarded funds shall be made to community-based health care\nproviders, which for purposes of this section shall be defined as a\ndiagnostic and treatment center licensed or granted an operating\ncertificate under this article; a mental health clinic licensed or\ngranted an operating certificate under article thirty-one of the mental\nhygiene law; an alcohol and substance abuse treatment clinic licensed or\ngranted an operating certificate under article thirty-two of the mental\nhygiene law; a primary care provider or a home care provider certified\nor licensed pursuant to article thirty-six of this chapter; or other\npurposes and community-based providers designated by the commissioner\npursuant to information obtained pursuant to subdivision four-a of this\nsection.  Eligible applicants shall be those deemed by the commissioner\nto be a provider that fulfills or will fulfill a health care need for\nacute inpatient, outpatient, primary, home care or residential health\ncare services in a community.\n  4. 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 award up to three hundred million\ndollars of the funds made available pursuant to this section for\nunfunded project applications submitted in response to the request for\napplications number 1607010255 issued by the department on July\ntwentieth, two thousand sixteen pursuant to section twenty-eight hundred\ntwenty-five-d of this article, provided however that the provisions of\nsubdivision three of this section shall apply.\n  4-a. Authorized amounts to be awarded pursuant to applications\nsubmitted in response to the request for application number 1607010255\nshall be awarded no later than May first, two thousand seventeen. The\ncommissioner shall not issue a request for application for the remaining\nappropriated amounts on or before June first, two thousand seventeen to\nallow stakeholder, community, and legislative input regarding program\neligibility, award criteria and the process by which the remaining funds\nwill be awarded.\n  5. In determining awards for eligible applicants under this section,\nthe commissioner shall consider stakeholder, community, and legislative\ninput pursuant to subdivision four-a of this section, and other criteria\nincluding, but not limited to:\n  (a) The extent to which the proposed project will contribute to the\nintegration of health care services or the long term sustainability of\nthe applicant or preservation of essential health services in the\ncommunity or communities served by the applicant;\n  (b) The extent to which the proposed project or purpose is aligned\nwith delivery system reform incentive payment ("DSRIP") program goals\nand objectives;\n  (c) Consideration of geographic distribution of funds;\n  (d) The relationship between the proposed project and identified\ncommunity need;\n  (e) The extent to which the applicant has access to alternative\nfinancing;\n  (f) The extent that the proposed project furthers the development of\nprimary care and other outpatient services;\n  (g) The extent to which the proposed project benefits Medicaid\nenrollees and uninsured individuals;\n  (h) The extent to which the applicant has engaged the community\naffected by the proposed project and the manner in which community\nengagement has shaped such project; and\n  (i) The extent to which the proposed project addresses potential risk\nto patient safety and welfare.\n  6. Disbursement of awards made pursuant to this section shall be\nconditioned on the awardee achieving certain process and performance\nmetrics and milestones as determined in the sole discretion of the\ncommissioner. Such metrics and milestones shall be structured to ensure\nthat the goals of the project are achieved, and such metrics and\nmilestones shall be included in grant disbursement agreements or other\ncontractual documents as required by the commissioner.\n  7. The department shall provide a report on a quarterly basis to the\nchairs of the senate finance, assembly ways and means, and senate health\nand assembly health committees. Such reports shall be submitted no later\nthan sixty days after the close of the quarter, and shall include, for\neach award, the name of the applicant, a description of the project or\npurpose, the amount of the award, disbursement date, and status of\nachievement of process and performance metrics and milestones pursuant\nto subdivision five of this section.\n