NY Pub Health L § 2817 (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2817 - Community Health Centers Capital Program.

§  2817.  Community health centers capital program. 1. Definitions. As used in this section, unless the context clearly requires otherwise, the following terms shall have the following meanings:  (a) "Community health center" means a not-for-profit corporation  that is  licensed  under  this  article as a diagnostic and treatment center, which license is valid and in full force and effect, and that provides a comprehensive range of primary health  care  services  in  one  or  more freestanding sites, or a not-for-profit corporation that has applied for licensure  under  this  article as a diagnostic and treatment center and that intends to provide a comprehensive range  of  primary  health  care services in one or more freestanding sites.  (b) "Program" means the community health centers program authorized by this section.  (c)  "Program  funds"  means state funds available for the purposes of this section.  (d) "Matching funds" means any funds other than state  funds  (whether derived from non-governmental or federal or local governmental sources), which are available for the purposes of this section.  (e)   "Community   health  center  project"  or  "project"  means  the construction, reconstruction, renovation, rehabilitation,  refurbishing, expansion,  upgrading,  or  equipping of a community health center under this section.   2. Agreements. The commissioner is authorized to make funds  available for  community  health  center projects. The commissioner shall contract with one or more not-for-profit administrators, each of which shall be a not-for-profit corporation having demonstrated interest,  expertise  and experience  in  the  development  and  financing  of  primary  care  and preventive  services  in  low  income  communities.  The  not-for-profit administrator shall award program funds and available matching funds to, or  for  the  benefit  of, community health centers which apply for such funds  in  accordance  with  this  section.  The  commissioner  and  the not-for-profit  administrator  shall  enter  into  an  agreement for the purpose of administering the program and matching funds. Such  agreement shall provide, without limitation, for the following:  (a)  the  receipt,  management  and  expenditure  of program funds and matching funds;  (b) the solicitation of capital proposals to be  submitted  by  or  on behalf of community health centers;  (c) the solicitation of matching funds;  (d) the process by which the capital proposals are reviewed, evaluated and funded; and  (e)  the  reasonable  expenses  of  the  not-for-profit  administrator incurred in  the  establishment  and  administration  of  this  program, including retention of professionals and consultants.   3.  Matching  funds.  (a)  To  leverage  the  benefit of program funds available pursuant to this section for community health center projects, each allocation of program funds awarded to, or for the  benefit  of,  a community  health  center shall be matched by an equal or greater amount of matching funds and shall be conditioned on the availability  of  such matching funds for the community health center project.  (b)  Matching funds shall be deemed available for the purposes of this section  when  the  funds  are   deposited   with   the   not-for-profit administrator,  or  are  irrevocably  committed for the community health center project pursuant to a valid, binding  and  enforceable  contract, enforceable  by  the not-for-profit administrator for the benefit of the community health center project.  (c) Matching funds may be obtained by the not-for-profit administrator or may be otherwise provided for a particular  community  health  center  project.   In  each  such  circumstance,  or  combination  thereof,  the requirements of paragraph (b) of this subdivision shall apply.   4.  Community  health  center  projects.  (a)  An  application  to the not-for-profit administrator may be submitted  by  or  on  behalf  of  a community health center which meets the criteria for receiving funds set forth in this section.  (b)  The  application  shall  specify  in  detail  acceptable  to  the not-for-profit administrator the proposed construction,  reconstruction, renovation,   rehabilitation,  refurbishing,  expansion,  upgrading  and equipping of a community health center.  (c) The application shall identify available sources of funds for  the community  health  center  project, including matching funds, if any. It shall also identify any expenses already incurred in connection with the community health center project, and whether any reimbursement  therefor is sought in connection with the application.  (d)  To  receive  an  award of funds for the proposed community health center project, the applicant, and if the applicant is not  a  community health  center,  the  community  health  center and the applicant, shall enter into an agreement with the not-for-profit administrator  governing the disbursement of funds, construction of the proposed project, and any requirements of the program under the agreement between the commissioner and  the  not-for-profit administrator or otherwise required by law. The agreement may include provisions for the repayment of all or  a  portion of funds.   5.  Funding  criteria. A community health center project may be funded under this section  provided  the  community  health  center  meets  the criteria established in either of the following paragraphs:  (a) The community health center is a federally-qualified health center as defined in 42 U.S.C. section 1395x (aa); or  (b)  The  community health center (i) has applied to the United States Department  of  Health  and  Human  Services  for   designation   as   a federally-qualified   health   center,   (ii)   is   eligible  for  such designation, and (iii) is located in,  serves  or  intends  to  serve  a designated  medically-underserved  community  as  defined  in  42 U.S.C. section 295p, a health professional  shortage  area  as  defined  in  42 U.S.C.  section 254e or a medically-underserved population as defined in 42 U.S.C. section 254b. A community health center that received  funding pursuant  to  this  paragraph,  and  does  not  secure  designation as a federally-qualified health center within two years  of  its  receipt  of funds   shall  repay  such  funds  as  directed  by  the  not-for-profit administrator.   6. Administration of funds. (a) Program funds shall  be  received  and held  by  the  not-for-profit  administrator  under this section and the agreement with the commissioner. Program funds shall be  held  in  trust and  used  for  the benefit of the community health center projects. All investment income shall be credited to, and any  repayments  of  program funds  shall  be  deposited  in,  the  trust accounts established by the not-for-profit administrator for such purpose, and spent  only  for  the purposes set forth in this section.  (b)  Notwithstanding  the  foregoing, the not-for-profit administrator may withdraw from the funds held by it under this  section,  subject  to the  agreement  with  the  commissioner,  amounts  sufficient  to pay or reimburse its expenses as provided in paragraph (e) of  subdivision  two of this section.  (c)  The not-for-profit administrator shall maintain books and records pertaining to  all  moneys  received  and  disbursed  pursuant  to  this section.  The  agreement between the commissioner and the not-for-profit administrator shall provide for  the  distribution  of  funds  upon  the  termination thereof. All remaining program funds, including earnings and repayments, if any, not subject to binding agreement for the expenditure thereof, shall be paid at the direction of the commissioner to the state comptroller  to  the credit of the general fund. Upon termination of the agreement, matching funds held by the not-for-profit  administrator  not subject  to  binding  agreement  for  the  expenditure thereof, shall be applied consistent with the terms of the receipt of such matching funds, or returned to the donor.