2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2825-H - Health Care Facility Transformation Program: Statewide V.

§ 2825-h. Health care facility transformation program: statewide V. 1.
  A  statewide  health  care  facility  transformation  program  is hereby
  established within the  department  for  the  purpose  of  transforming,
  redesigning, and strengthening quality health care services in alignment
  with  statewide  and  regional  health  care  needs,  and in the ongoing
  pandemic response. The program shall also provide  funding,  subject  to
  lawful  appropriation,  in support of capital projects, debt retirement,
  working capital or other non-capital projects that facilitate furthering
  such transformational goals.
2. The commissioner shall enter into an agreement with  the  president
  of  the dormitory authority of the state of New York pursuant to section
  sixteen hundred eighty-r of the  public  authorities  law,  which  shall
  apply  to this agreement, subject to the approval of the director of the
  division of the  budget,  for  the  purposes  of  the  distribution  and
  administration  of  available funds pursuant to such agreement, and made
  available pursuant to this section and appropriation. Such funds may  be
  awarded  and  distributed  by  the  department for grants to health care
  providers including but not limited to,  hospitals,  residential  health
  care  facilities,  adult  care  facilities  licensed  under title two of
  article seven of the  social  services  law,  diagnostic  and  treatment
  centers licensed or granted an operating certificate under this chapter,
  clinics,  including  but  not  limited  to  those licensed or granted an
  operating certificate under this chapter  or  the  mental  hygiene  law,
  children's  residential  treatment  facilities  licensed  under  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, behavioral health facilities licensed or granted an
  operating certificate pursuant to articles thirty-one and thirty-two  of
  the  mental hygiene law, home care providers certified or licensed under
  article thirty-six of this chapter,  primary  care  providers,  hospices
  licensed  or  granted an operating certificate pursuant to article forty
  of this chapter, community-based programs funded  under  the  office  of
  mental health, the office of addiction services and supports, the office
  for   people   with   developmental   disabilities,   or  through  local
  governmental units as defined under  article  forty-one  of  the  mental
  hygiene   law,   independent  practice  associations  or  organizations,
  residential facilities or day program facilities licensed or granted  an
  operating  certificate  under article sixteen of the mental hygiene law,
  and midwifery birth centers established pursuant to this chapter. A copy
  of such agreement, and any amendments thereto, shall be provided by  the
  department  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  after  such agreement is
  finalized.  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
  four  hundred  ninety 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, as defined in
  subdivision  two  of  this  section.  Awards  made  pursuant   to   this
  subdivision shall provide funding for capital projects, debt retirement,
  working  capital  or  other  non-capital  projects  to the extent lawful
  appropriation  and  funding   is   available,   to   build   innovative,
  patient-centered models of care, increase access to care, to improve the
  quality  of  care  and to ensure financial sustainability of health care

  providers, and develop capacity in underserved areas of the  state.  For
  the purposes of this section, the development of capacity in underserved
  areas  shall  include  new construction and renovation projects in areas
  determined to be underserved by the department.
4.  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 technological and telehealth transformation projects, which
  shall include projects related to improving cyber  security,  and  which
  may  also include unfunded project applications submitted in response to
  a  request  for  applications  issued  by  the  department  pursuant  to
  subdivision  six  of  section twenty-eight hundred twenty-five-g of this
  article.
5. Selection of awards made by the department pursuant to subdivisions
  three and four of this section shall  be  contingent  on  an  evaluation
  process  acceptable  to the commissioner and approved by the director of
  the division of the budget. Disbursement of awards shall be  conditioned
  on  the  awardee  achieving  certain process and performance metrics and
  milestones  as  determined  by  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.
6.  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 health care provider as  defined  in  subdivision
  two of this section, 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.