NY Pub Health L § 2952 (2021)
2021 New York Laws PBH - Public Health Article 29-A - Access to Community Health Care Services in Rural Areas Title 1 - Rural Health Care Access 2952 - Rural Health Network Development Grant Program.

§  2952. Rural health network development grant program. To the extent of funds available therefor, the sum  of  seven  million  dollars  shall annually  be  available for periods prior to January first, two thousand three, and up to  six  million  five  hundred  thirty  thousand  dollars annually  for  the  period  January  first,  two  thousand three through December thirty-first, two thousand four, up to seven million  sixty-two thousand dollars for the period January first, two thousand five through December  thirty-first,  two  thousand six annually, up to seven million sixty-two thousand dollars annually for the period  January  first,  two thousand  seven  through  December thirty-first, two thousand ten, up to one million seven hundred sixty-six  thousand  dollars  for  the  period January  first,  two  thousand  eleven  through  March thirty-first, two thousand eleven, and within amounts appropriated for each  state  fiscal year  on  and after April first, two thousand eleven, shall be available to the commissioner  from  funds  made  available  pursuant  to  section twenty-eight hundred seven-l of this chapter for grants pursuant to this section.  1.  The  commissioner  shall  establish a rural health network development grant program for the purpose of assisting  community  based health  care  providers,  consumers  and organizations in rural areas to promote more effective health care delivery  through  the  coordination, development,  planning,  implementation  and  operation  of rural health networks pursuant to this title. Such grants  shall  support  activities and  organizational costs including, but not limited to, the recruitment of qualified health care professionals, the performance  of  feasibility studies,  the  development  of affiliation agreements among rural health providers, the development of managed care capacities, the expansion and integration of public and  preventive  health  services  into  community based primary care systems, the integration and expansion of prehospital emergency medical services and related consulting and legal fees.   2.  To  be eligible to receive grant funding pursuant to this section, the applicant shall submit  a  network  plan  to  the  commissioner  for approval;  the  network  plan  shall  identify  network participants and indicate how the members or participants of  the  rural  health  network intend  to  respond  to the health care needs of the rural area, improve access to and the quality  of  care  for  residents  of  the  community, promote  the  coordination  of  resources  among  providers  and  reduce duplication of services  while  achieving  cost  and  other  operational efficiencies.   3.  a. The commissioner shall make grants to rural health networks, or rural health care providers planning to develop a rural health  network. The  network  plan  submitted  by a rural health network or rural health care providers planning to form a network for grant  funds  pursuant  to this   section  shall  be  consistent  with  guidelines  issued  by  the commissioner, in consultation with  the  New  York  state  rural  health council  and  the  legislative  commission  on  the development of rural resources. Such guidelines shall include, but need not  be  limited  to, the  duration of rural health network grants, appropriate funding levels and criteria for providing an  appropriate  geographic  distribution  of grantees;  provided, however, that the amount of any such grant shall be based on the scope and nature of the proposed  activities  described  in such  plan  and  that  the  quality  of  any such plan complies with the conditions for approval pursuant to paragraph b of subdivision three  of this section.   b. The commissioner may require revisions or amendments to the initial network  plan prior to approval for funding, or periodic updates from an applicant to reflect the current status of a  network's  development  or operation  and to assure that the plan is implemented in accordance with  its approved terms. In approving grants the commissioner shall  consider the following:  (i)  The  specific objectives and description of the proposed network, including considerations of the existing health care services  currently being  delivered  within the rural area, and the unmet health care needs of the community;  (ii) The degrees to which the plan  demonstrates  enhanced  costs  and service  delivery  efficiencies and access to necessary and high quality health care services by rural residents;  (iii) The degree to which stated  objectives  and  the  scope  of  the network  plan  may reasonably be implemented and achieved using existing and projected resources;  (iv) The degree  to  which  information  sharing,  communication,  and cooperation  between  health  care providers, human service entities and consumers would be fostered;  (v) The contribution the network would make toward the  identification and development of innovative delivery systems;  (vi)  The  degree  to which management and continuity of care would be fostered and improved;  (vii) The degree to which participating providers are  represented  on governing bodies of the network;  (viii)  The  degree to which consumers within the area served or to be served  by  the  network  are  made  aware  of  and  have  an  effective opportunity to provide input in the creation and on-going development of a network plan; and  (ix)  The  degree  to  which  providers  within the area served by the network  are  made  aware  of  and  have  an  effective  opportunity  to participate in or become a member of the network.   c.  The  commissioner shall act on such application within ninety days after its receipt. In the event waivers of any regulations are requested by an applicant, the commissioner shall have an additional  thirty  days to act upon such application.   4.  The  commissioner or his or her duly authorized representative may provide or contract to provide technical assistance in the creation  and implementation  of  rural  health  networks  and  to  promote  community organization,  collaboration  and   communication   in   rural   network development  across  the  state. The funding for any such contract shall not be made available from funds provided for purposes of  this  section by section twenty-eight hundred seven-l of this chapter.   5.  If  the  commissioner  determines  that  a grant is being used for purposes other than those which are in conformity with this  title,  the commissioner may withdraw his or her approval of the project and require repayment  of  all  or part of such grant to the state. The commissioner shall cause reports to be prepared and submitted for each project by the grantees at such times and in such manner as  are  consistent  with  the purposes of this title.   6.  a.  The  commissioner or his or her duly authorized representative may also, promote appropriate  active  state  supervision  necessary  to promote  state action immunity under the federal antitrust laws, inspect or request additional documentation to verify that  a  network  plan  is implemented  in  accordance  with  its  approved terms as they relate to antitrust activity.   b. The commissioner shall review a network  plan  and  all  agreements between  participating  providers of a network organized pursuant to the not-for-profit corporation law at any time with respect to their  effect on  competition, access, and quality of care, may seek the advice of the attorney general and may require amendments to such agreements where  he  or  she  determines  that  the benefits of anti-competitive activity are outweighed by any disadvantages.   c. The commissioner may revoke, limit or annul approval to implement a network  plan,  or  portions  thereof,  after  review and a hearing, for failure  to  implement  such  plan  in  accordance  with  its  terms  as appropriate for the promotion of state action immunity under the federal antitrust laws.   d. The commissioner shall, at the request of any rural health network, review  network  agreements with respect to their effect on competition, access and quality of care, may seek the advice of the attorney general, and may require amendments to such agreements where he or she determines that the benefits of anticompetitive  activity  are  outweighed  by  any disadvantage.   7.   For  the  purpose  of  promoting  maximum  effectiveness  in  the utilization of state and local monies  and  innovative  approaches,  the commissioner  is  authorized  to waive, modify or suspend the respective provisions of rules and regulations promulgated pursuant to this chapter if  the  commissioner  determines  that  such  waiver,  modification  or suspension  is necessary for the successful implementation of this title and provided that the commissioner determines that  the  health,  safety and general welfare of people receiving health care will not be impaired as  a  result  of such waiver, modification, or suspension. Such waiver, modification or suspension may be  granted  for  up  to  two  years.  In addition,  upon the request of a rural health network organized pursuant to  the  not-for-profit  corporation  law  and  approved   pursuant   to subdivision  fourteen  of  section  twenty-eight  hundred  one-a of this chapter thereto,  through  its  network  plan  or  its  amendments,  the commissioner  is  authorized to permit such rural health network to make applications or fulfill regulatory requirements on behalf of members  of the  network  for  purposes of, but not limited to, certificate of need, quality assurance, reimbursement,  and  professional  credentialing  and privileging.   8.  The  commissioner  shall  consult  with  federal, state, and local officials with respect to securing  their  cooperation  in  coordinating related   programs   and   regulatory  waivers  and  shall  provide  the legislature with recommendations to facilitate such efforts.   9. Notwithstanding any inconsistent provision of law, the commissioner may approve a rural health network, to  receive  directly  reimbursement for  the planning and coordination of services including but not limited to such experimental and other payment methods as global budget, pooling arrangements, or capitation payments  for  whole  or  in-part  inpatient hospital services and ambulatory care services provided by the component entities  of  the  network.  Reimbursement  including  payments  made by governmental agencies shall be subject to  the  approval  of  the  state director  of  the  budget  and  to the availability of federal financial participation pursuant to title XIX of the federal social  security  act in  expenditures made for eligible patients. The commissioner may impose such terms and conditions as necessary and appropriate  for  receipt  of such funds.