NY Pub Health L § 2825 (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2825 - Capital Restructuring Financing Program.

§   2825.  Capital  restructuring  financing  program.  1.  A  capital restructuring financing program is hereby established  under  the  joint administration  of  the  commissioner and the president of the dormitory authority of the state of New York for  the  purpose  of  enhancing  the quality,  financial  viability  and efficiency of New York's health care delivery  system  by  transforming  the  system  into  a  more  rational patient-centered   care  system  that  promotes  population  health  and improved well-being for all New Yorkers. The issuance of  any  bonds  or notes hereunder shall further be subject to the approval of the director of  the  division  of  the  budget,  and any projects funded through the issuance of bonds or notes hereunder shall be approved by the  New  York state  public  authorities  control  board,  as  required  under section fifty-one of the public authorities law.   2. For the period April first, two  thousand  fourteen  through  March thirty-first,   two   thousand  twenty-one,  funds  made  available  for expenditure  pursuant  to  this  section  may  be  distributed  by   the commissioner  and  the  president of the authority, in consultation with the commissioners of the office of mental health, office for people with developmental disabilities and office for alcoholism and substance abuse services, as applicable, for:  (a) capital grants  to  general  hospitals,  residential  health  care facilities,  diagnostics  and  treatment  centers,  and clinics licensed pursuant to this chapter or the  mental  hygiene  law,  assisted  living programs,  primary  care providers, and home care providers certified or licensed pursuant to article thirty-six of  this  chapter  (collectively "applicants") that qualify for payments under the delivery system reform incentive  payment  program  (DSRIP),  in  which case funding under this paragraph shall be requested in such applicant's DSRIP application. Such capital grant projects  include,  but  are  not  limited  to;  closures, mergers,  restructuring,  improvements to infrastructure, development of primary care service capacity, development of telehealth infrastructure, the promotion of integrated delivery systems that strengthen and protect continued  access  to  essential  health   care   services   and   other transformational  projects  as  determined  by  the commissioner and the president of the authority.  (b) capital grants  to  general  hospitals,  residential  health  care facilities,  diagnostic  and  treatment  centers,  and  clinics licensed pursuant to this chapter or the  mental  hygiene  law,  assisted  living programs,  primary  care  providers,  home  care providers, certified or licensed pursuant to article thirty-six of  this  chapter  (collectively "applicants")  that  are non-qualifying and non-participating applicants under paragraph (a) of this  subdivision,  for  capital  non-operational works  or  purposes that support the purposes set forth in this section. Such capital grant projects include, but are not limited  to;  closures, mergers,  restructuring,  improvements to infrastructure, development of primary care service capacity, development of telehealth infrastructure, the promotion of integrated delivery systems that strengthen and protect continued access to essential health care services.   3. The commissioner and the president of  the  authority  shall  enter into an agreement, subject to approval by the director of the budget and subject  to  section  sixteen hundred eighty-r of the public authorities law, as added by a chapter of the laws of two thousand fourteen, for the purposes of awarding, distributing, and  administering  the  funds  made available  pursuant  to  this  section. To the extent practicable, funds shall be awarded regionally in proportion to the  applications  received from  the  request  for  application  issued by or before May first, two thousand fifteen. Projects awarded under sections  twenty-eight  hundred twenty-five-a  and  twenty-eight  hundred  twenty-five-b of this article  shall not be eligible for grants or awards  made  available  under  this section.  (a)  For capital grant projects under paragraph (a) of subdivision two of this section, the  evaluation  of  applications  shall  be  submitted pursuant to the process described in paragraph (b) of subdivision twenty of  section  twenty-eight  hundred  seven  of  this  article;  provided, however, that such capital grant projects shall not be subject to review by the federal Centers for Medicare and Medicaid services.  (b) For monies allocated under paragraph (b)  of  subdivision  two  of this section:  (i)  the department shall post on its website, for a period of no less than thirty days:  (A) the process by which such applications shall be reviewed;  (B) the criteria by which such applications shall be judged; and  (C) a list of approved and  denied  applications  subsequent  to  such determination.  (ii)   the  evaluation  of  applications  shall  be  reviewed  by  the department, pursuant to a process to be determined  by  the  department. Applications  shall  then  be subject to review by the panel established pursuant to paragraph (b) of subdivision twenty of section  twenty-eight hundred seven of this article, which shall submit its recommendations to the  commissioner  for  final determination. Determination of awards for funds allocated under paragraph (b) of subdivision two of this  section, shall include, but not be limited to the following criteria:  (A) eligibility requirements for applicants;  (B) statewide geographic distribution of funds;  (C)  minimum  and  maximum  amounts of funding to be awarded under the program;  (D) the relationship between the project proposed by an applicant  and identified community need;  (E)  the  extent  to  which  the  applicant  has access to alternative financing;  (F) the extent to which the proposed project furthers the purposes set forth in this section;  (G) the extent that the proposed project furthers the  development  of primary care;  (H)  the  extent  to  which  the  proposed  project  benefits Medicaid enrollees and uninsured individuals;  (I) the extent to which the proposed project addresses potential  risk to patient safety and welfare;  (J)  the  extent  that the proposed project involves an applicant that receives or has applied for a  temporary  rate  adjustment  pursuant  to applicable regulations; and  (K)  the  extent  to which the proposed project will contribute to the long term sustainability of the applicant.   The commissioner shall provide a report on a quarterly  basis  to  the chairs of the senate finance, assembly ways and means, senate health and assembly  health  committees.  Such  reports shall be submitted no later than sixty days after the close of the quarter, and shall conform to the reporting requirements of subdivision  twenty  of  section  twenty-eight hundred seven of this article, as applicable.