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

§ 2825-f. Health care facility transformation program: statewide III.\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: (a) create financially sustainable systems\nof care; (b) preserve or expand essential health care services; (c)\nmodernize obsolete facility physical plants and infrastructure; (d)\nfoster participation in alternative payment arrangements including, but\nnot limited to, contracts with managed care plans and accountable care\norganizations; (e) for residential health care facilities, increase the\nquality of resident care or experience; or (f) improve health\ninformation technology infrastructure, including telehealth, to\nstrengthen the acute, post-acute and long-term care continuum. Grants\nshall not be available to support general operating expenses. The\nissuance of any bonds or notes hereunder shall be subject to section\nsixteen hundred eighty-r of the public authorities law and the approval\nof the director of the division of the budget, and any projects funded\nthrough the issuance of bonds or notes hereunder shall be approved by\nthe New York state public authorities control board, as required under\nsection fifty-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 grants to general\nhospitals, residential health care facilities, adult care facilities\nlicensed under title two of article seven of the social services law,\ndiagnostic and treatment centers and clinics licensed pursuant to this\nchapter or the mental hygiene law, children's residential treatment\nfacilities licensed pursuant to article thirty-one of the mental hygiene\nlaw, assisted living programs approved by the department pursuant to\nsection four hundred sixty-one-l of the social services law, and\ncommunity-based health care providers as defined in subdivision three of\nthis section for grants in support of the purposes set forth in this\nsection. A copy of such agreement, and any amendments thereto, shall be\nprovided to the chair of the senate finance committee, the chair of the\nassembly ways and means committee, and the director of the division of\nthe budget no later than thirty days prior to the release of a request\nfor applications for funding under this program. Projects awarded, in\nwhole or part, under sections twenty-eight hundred twenty-five-a and\ntwenty-eight hundred twenty-five-b of this article shall not be eligible\nfor grants or awards made 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\nfive hundred twenty-five million dollars of the funds appropriated for\nthis program shall be awarded without a competitive bid or request for\nproposal process for grants to health care providers (hereafter\n"applicants"). Provided, however, that a minimum of: (a) sixty million\ndollars of total awarded funds shall be made to community-based health\ncare providers, 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; a substance use disorder treatment clinic licensed or\ngranted an operating certificate under article thirty-two of the mental\nhygiene law; a primary care provider; a clinic licensed or granted an\noperating certificate under article sixteen of the mental hygiene law; a\nhome care provider certified or licensed pursuant to article thirty-six\nof this chapter; or hospices licensed or granted an operating\ncertificate pursuant to article forty of this chapter and (b) forty-five\nmillion dollars of the total awarded funds shall be made to residential\nhealth care facilities.\n  4. Notwithstanding any inconsistent subdivision of this section or any\nother provision of law to the contrary, the commissioner, with the\napproval of the director of the budget, may expend up to twenty million\ndollars of the funds appropriated for this program pursuant to\nsubdivision three of this section, not including funds dedicated for\ncommunity-based health care providers under paragraph (a) of such\nsubdivision or for residential health care facilities under paragraph\n(b) of such subdivision, for awards made pursuant to paragraph (l) of\nsubdivision three of section four hundred sixty-one-l of the social\nservices law, provided that funding shall be prioritized for awards made\npursuant to subparagraph (i) of such paragraph, with remaining funding\navailable for awards made pursuant to subparagraphs (ii) and (iii) of\nsuch paragraph.\n  4-a. Notwithstanding subdivision two of this section or any\ninconsistent provision of law to the contrary, and upon approval of the\ndirector of the budget, the commissioner may, subject to the\navailability of lawful appropriation, 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 17648 issued by the department on January eighth,\ntwo thousand eighteen pursuant to section twenty-eight hundred\ntwenty-five-e of this article, provided however that the provisions of\nsubdivisions three and four of this section shall apply.\n  4-b. Authorized amounts to be awarded pursuant to applications\nsubmitted in response to the request for application number 17648 shall\nbe awarded no later than September first, two thousand nineteen.\n  5. In determining awards for eligible applicants under this section,\nthe commissioner shall consider criteria including, 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) the 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 to which the proposed project furthers the development\nof primary 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 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 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 six of this section.\n