NY Pub Health L § 2825-E (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2825-E - Health Care Facility Tranformation Program: Statewide Ii.

§  2825-e.  Health care facility transformation program: statewide II. 1.  A statewide health care facility transformation  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 strengthening and protecting continued access to health care services in communities. The program shall provide funding in support of capital projects, debt retirement, working capital or other  non-capital projects   that   facilitate   health   care  transformation  activities including, but not limited to,  merger,  consolidation,  acquisition  or other  activities  intended to create financially sustainable systems of care or preserve or expand essential health care services. Grants  shall not  be available to support general operating expenses. The issuance of any bonds or notes hereunder shall be subject to section sixteen hundred eighty-r of the public authorities law and 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. The commissioner and the president of the dormitory 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,  for  the  purposes  of  awarding,  distributing,  and administering  the  funds  made available pursuant to this section. Such funds may be distributed by  the  commissioner  for  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, and community-based health care providers as defined in  subdivision three of this section for works or purposes that support the purposes set forth in this section. A copy of  such  agreement,  and any  amendments  thereto,  shall  be provided to the chair of the senate finance committee, the chair of the assembly ways and  means  committee, and the director of the division of the budget no later than thirty days prior  to  the  release  of a request for applications for funding under this program. Priority shall be given to new applications  for  projects not  funded  under  section  twenty-eight  hundred twenty-five-d of this article. Projects awarded, in whole or part, 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.   3. Notwithstanding  section  one  hundred  sixty-three  of  the  state finance  law or any inconsistent provision of law to the contrary, up to five hundred million dollars of the funds appropriated for this  program shall  be  awarded  without  a  competitive  bid or request for proposal process for grants to health care  providers  (hereafter  "applicants"). Provided,  however,  that  a  minimum of seventy-five million dollars of total awarded  funds  shall  be  made  to  community-based  health  care providers,  which  for  purposes  of  this section shall be defined as a diagnostic  and  treatment  center  licensed  or  granted  an  operating certificate  under  this  article;  a  mental  health clinic licensed or granted an operating certificate under article thirty-one of the  mental hygiene law; an alcohol and substance abuse treatment clinic licensed or granted  an operating certificate under article thirty-two of the mental hygiene law; a primary care provider or a home care  provider  certified or  licensed  pursuant  to  article thirty-six of this chapter; or other purposes and community-based providers designated  by  the  commissioner pursuant  to information obtained pursuant to subdivision four-a of this section.  Eligible applicants shall be those deemed by the  commissioner to  be  a  provider that fulfills or will fulfill a health care need for  acute inpatient, outpatient, primary, home care  or  residential  health care services in a community.   4. Notwithstanding subdivision two of this section or any inconsistent provision  of  law to the contrary, and upon approval of the director of the budget, the commissioner may  award  up  to  three  hundred  million dollars  of  the  funds  made  available  pursuant  to  this section for unfunded project applications submitted in response to the  request  for applications   number  1607010255  issued  by  the  department  on  July twentieth, two thousand sixteen pursuant to section twenty-eight hundred twenty-five-d of this article, provided however that the  provisions  of subdivision three of this section shall apply.   4-a.  Authorized  amounts  to  be  awarded  pursuant  to  applications submitted in response to the request for application  number  1607010255 shall  be  awarded  no later than May first, two thousand seventeen. The commissioner shall not issue a request for application for the remaining appropriated amounts on or before June first, two thousand seventeen  to allow  stakeholder,  community,  and legislative input regarding program eligibility, award criteria and the process by which the remaining funds will be awarded.   5. In determining awards for eligible applicants under  this  section, the  commissioner shall consider stakeholder, community, and legislative input pursuant to subdivision four-a of this section, and other criteria including, but not limited to:  (a) The extent to which the proposed project will  contribute  to  the integration  of  health care services or the long term sustainability of the applicant or  preservation  of  essential  health  services  in  the community or communities served by the applicant;  (b)  The  extent  to  which the proposed project or purpose is aligned with delivery system reform incentive payment  ("DSRIP")  program  goals and objectives;  (c) Consideration of geographic distribution of funds;  (d)  The  relationship  between  the  proposed  project and identified community need;  (e) The extent to  which  the  applicant  has  access  to  alternative financing;  (f)  The  extent that the proposed project furthers the development of primary care and other outpatient services;  (g) The  extent  to  which  the  proposed  project  benefits  Medicaid enrollees and uninsured individuals;  (h)  The  extent  to  which  the  applicant  has engaged the community affected by the proposed project  and  the  manner  in  which  community engagement has shaped such project; and  (i)  The extent to which the proposed project addresses potential risk to patient safety and welfare.   6. Disbursement of awards made  pursuant  to  this  section  shall  be conditioned  on  the  awardee  achieving certain process and performance metrics and milestones as determined  in  the  sole  discretion  of  the commissioner.  Such metrics and milestones shall be structured to ensure that the goals of  the  project  are  achieved,  and  such  metrics  and milestones  shall  be included in grant disbursement agreements or other contractual documents as required by the commissioner.   7. The department shall provide a report on a quarterly basis  to  the chairs of the senate finance, assembly ways and means, and senate health and assembly health committees. Such reports shall be submitted no later than  sixty  days after the close of the quarter, and shall include, for each award, the name of the applicant, a description of the  project  or purpose,  the  amount  of  the  award,  disbursement date, and status of  achievement of process and performance metrics and  milestones  pursuant to subdivision five of this section.