NY Pub Health L § 2825-A (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2825-A - Health Care Facility Transformation: Kings County Project.

§  2825-a.  Health  care facility transformation program: Kings county project. 1. A Kings county 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 The program shall provide capital funding in support of projects that  replace  inefficient  and  outdated facilities  as  part  of  a  merger, consolidation, acquisition or other significant  corporate  restructuring  activity  intended  to  create  a financially  sustainable  system  of  care. The issuance of any bonds or notes hereunder shall 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. 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,  for  the  purposes  of  awarding,  distributing,  and administering the funds made available pursuant to  this  section.  Such funds  may  be  distributed by the commissioner and the president of the authority for capital grants to general  hospitals,  residential  health care   facilities,   diagnostic  and  treatment  centers,  primary  care providers, and home care providers, certified or  licensed  pursuant  to article thirty-six of this chapter, for capital non-operational 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 budget no later than thirty days prior to the release of a request for applications  for funding  under this program. Projects awarded under section twenty-eight hundred twenty-five 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 seven hundred million dollars of the funds appropriated for this program shall  be  awarded  without  a  competitive  bid or request for proposal process  for  capital  grants  to  health  care   providers   (hereafter "applicants") located in the county of Kings.  (a)  Eligible  applicants  shall serve communities whose residents are experiencing significant levels of health care  disparities  and  health care  needs  compared to other communities within the county of Kings as evidenced by:  (i) a high number of Medicaid enrollees and uninsured individuals;  (ii) elevated blood lead level rates among  children,  high  rates  of diabetes,   high  blood  pressure,  asthma,  obesity,  infant  death  or premature birth, heart failure, behavioral health conditions,  substance abuse;  (iii)  low  levels  of  income, high rates of unemployment, distressed housing conditions, and poor nutritional status;  (iv) other risk factors as determined  by  the  commissioner  and  the president of the authority; and  (b) Such eligible applicant shall:  (i)  (A) have a loss from operations for each of the three consecutive preceding years as evidenced by audited financial statements;  (B) have a negative fund balance or negative equity position  in  each of   the  three  preceding  years  as  evidenced  by  audited  financial statements; and  (C) have  a  current  ratio  of  less  than  1:1  for  each  of  three consecutive preceding years; or  (ii)  be  deemed by the commissioner and president of the authority to be a provider that fulfills or will fulfill an unmet  health  care  need for  acute  inpatient,  outpatient,  primary  or residential health care services in a community.   4. In determining awards for eligible applicants under  this  section, the  commissioner  and  the  president  of  the authority shall consider criteria including, but not limited to:  (a) the extent to which the proposed capital project  will  contribute to  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  relationship  between  the  proposed  capital  project  and identified community need;  (d)  the  extent  that  the  proposed  capital  project  furthers  the development of primary care and other outpatient services;  (e) the extent to which the proposed capital project benefits Medicaid enrollees and uninsured individuals;  (f)  the  extent  to  which  the  applicant  has engaged the community affected by the  proposed  capital  project  and  the  manner  in  which community engagement has shaped such capital project; and  (g)  the  extent  to  which  the  proposed  capital  project addresses potential risk to patient safety and welfare.   5. The department 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.