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

§ 2825-d. Health care facility transformation program: statewide. 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  The program shall provide capital funding in support of projects that replace inefficient and outdated facilities  as part  of  a  merger,  consolidation,  acquisition  or  other significant corporate  restructuring  activity  that   is   part   of   an   overall transformation  plan intended to create a financially sustainable system of care. 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 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 and  clinics  licensed pursuant  to  this  chapter  or  the  mental  hygiene  law,  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. Priority  shall be  given  to  projects  not  funded, in whole or in part, under section twenty-eight hundred twenty-five or twenty-eight  hundred  twenty-five-c 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 two  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").   Provided however  that  a  minimum  of  thirty  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;  primary care providers; or a home care provider certified or licensed pursuant to article thirty-six  of  this  chapter.  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. 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 integration of health care services and 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  capital  project   and identified community need;  (e)  the  extent  to  which  the  applicant  has access to alternative financing;  (f)  the  extent  that  the  proposed  capital  project  furthers  the development of primary care and other outpatient services;  (g) the extent to which the proposed capital project benefits Medicaid enrollees and uninsured individuals;  (h)  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  (i)  the  extent  to  which  the  proposed  capital  project addresses potential risk to patient safety and welfare.   5. 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 health care transformation and provider sustainability 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.   6.  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 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.