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

§  2825-f. Health care facility transformation program: statewide III. 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: (a) create financially sustainable systems of  care;  (b)  preserve  or  expand essential health care services; (c) modernize obsolete facility  physical  plants  and  infrastructure;  (d) foster  participation in alternative payment arrangements including, but not limited to, contracts with managed care plans and  accountable  care organizations;  (e) for residential health care facilities, increase the quality  of  resident  care  or  experience;  or  (f)   improve   health information   technology   infrastructure,   including   telehealth,  to strengthen the acute, post-acute and long-term  care  continuum.  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 grants to general hospitals, residential health care  facilities,  adult  care  facilities licensed  under  title  two of article seven of the social services law, diagnostic and treatment centers and clinics licensed pursuant  to  this chapter  or  the  mental  hygiene  law, children's residential treatment facilities licensed pursuant to article thirty-one of the mental hygiene law, assisted living programs approved by  the  department  pursuant  to section  four  hundred  sixty-one-l  of  the  social  services  law, and community-based health care providers as defined in subdivision three of this section for grants in support of 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. 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  twenty-five 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: (a)  sixty  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;  a  substance  use  disorder  treatment clinic licensed or granted an operating certificate under article thirty-two of the  mental hygiene  law;  a  primary care provider; a clinic licensed or granted an operating certificate under article sixteen of the mental hygiene law; a home care provider certified or licensed pursuant to article  thirty-six of   this   chapter;  or  hospices  licensed  or  granted  an  operating certificate pursuant to article forty of this chapter and (b) forty-five million dollars of the total awarded funds shall be made to  residential health care facilities.   4. Notwithstanding any inconsistent subdivision of this section or any other  provision  of  law  to  the  contrary, the commissioner, with the approval of the director of the budget, may expend up to twenty  million dollars   of  the  funds  appropriated  for  this  program  pursuant  to subdivision three of this section, not  including  funds  dedicated  for community-based  health  care  providers  under  paragraph  (a)  of such subdivision or for residential health care  facilities  under  paragraph (b)  of  such  subdivision, for awards made pursuant to paragraph (l) of subdivision three of section four  hundred  sixty-one-l  of  the  social services law, provided that funding shall be prioritized for awards made pursuant  to  subparagraph (i) of such paragraph, with remaining funding available for awards made pursuant to subparagraphs (ii)  and  (iii)  of such paragraph.   4-a.   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,  subject  to  the availability of lawful appropriation, 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  17648  issued by the department on January eighth, two  thousand  eighteen  pursuant  to   section   twenty-eight   hundred twenty-five-e  of  this article, provided however that the provisions of subdivisions three and four of this section shall apply.   4-b.  Authorized  amounts  to  be  awarded  pursuant  to  applications submitted  in response to the request for application number 17648 shall be awarded no later than September first, two thousand nineteen.   5. In determining awards for eligible applicants under  this  section, the commissioner shall consider 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) the 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 to which 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  and assembly health committees, until such time as the department determines that  the  projects  that  receive  funding pursuant to this section are substantially complete. 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 six of this section.