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

§  2825-g.  Health care facility transformation program: statewide IV.
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,  and
residential  facilities or day program facilities licensed or granted an
operating certificate under article sixteen of the mental hygiene law. 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 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 four hundred fifty  million  dollars  of  the
funds  made  available  pursuant  to  this  section for unfunded project
applications submitted in response to the request for application number
18406 issued by the department  on  September  thirtieth,  two  thousand
twenty-one  pursuant  to  section  twenty-eight hundred twenty-five-f of
this article. Authorized amounts to be awarded pursuant to  applications
submitted  in response to the request for application number 18406 shall
be awarded no later than December thirty-first, two thousand twenty-two.
Provided, however, that a minimum of:
(a) twenty-five 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 diagnostic and treatment centers licensed or
granted  an  operating  certificate  under  this  chapter;   independent
practice associations or organizations; home care providers certified or
licensed  pursuant  to  article thirty-six of this chapter; and hospices
licensed or granted an operating certificate pursuant to  article  forty
of this chapter;
(b)  twenty-five  million dollars of total awarded funds shall be made
to a mental health clinic licensed or granted an  operating  certificate
under  article  thirty-one  of  the  mental  hygiene  law;  alcohol  and
substance  use  disorder  treatment  clinics  licensed  or  granted   an
operating  certificate  under  article  thirty-two of the mental hygiene
law; clinics licensed or granted an operating certificate under  article
sixteen  of  the mental hygiene law; and community-based programs funded
under the office of mental health or the office  of  addiction  services
and  supports  or  through  local  governmental  units  as defined under
article forty-one of the mental hygiene law; and
(c) fifty million dollars of total awarded  funds  shall  be  made  to
residential  health  care  facilities  or adult care facilities licensed
under title two of article seven of the social services law.
4.  Notwithstanding  sections  one  hundred  twelve  and  one  hundred
sixty-three of the state finance law, sections one hundred forty-two and
one  hundred  forty-three  of  the  economic  development  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 grants to
health  care  providers  for  purposes  of modernization of an emergency
department of regional significance. For purposes of  this  subdivision,
an   emergency   department   shall   be  considered  to  have  regional
significance if it: (a) serves as Level 1 trauma center with the highest
volume in its region; (b) includes the capacity  to  segregate  patients
with  communicable  diseases,  trauma or severe behavioral health issues
from other patients in the emergency department; (c)  provides  training
in  emergency  care and trauma care to residents from multiple hospitals
in the region; and (d) serves a high proportion of Medicaid patients.
5. (a) Notwithstanding sections one hundred  twelve  and  one  hundred
sixty-three of the state finance law, sections one hundred forty-two and
one  hundred  forty-three  of  the  economic  development  law,  or  any
inconsistent provision of law to the contrary, up to seven hundred fifty
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.
(b) 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.
(c) Provided, however, that a minimum of:
(i) twenty-five 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 diagnostic and treatment centers licensed or
granted an operating certificate pursuant to this  chapter;  independent
practice associations or organizations; home care providers certified or
licensed  pursuant  to  article thirty-six of this chapter; and hospices

licensed or granted an operating certificate pursuant to  article  forty
of this chapter;
(ii)  twenty-five million dollars of total awarded funds shall be made
to a mental health clinic licensed or granted an  operating  certificate
under  article  thirty-one  of  the  mental  hygiene  law;  alcohol  and
substance  use  disorder  treatment  clinics  licensed  or  granted   an
operating  certificate  under  article  thirty-two of the mental hygiene
law; clinics licensed or granted an operating certificate under  article
sixteen  of  the mental hygiene law; and community-based programs funded
under the office of mental health or the office  of  addiction  services
and  supports  or  through  local  governmental  units  as defined under
article forty-one of the mental hygiene law; and
(iii) twenty-five million dollars of total awarded funds shall be made
to residential health care facilities or adult care facilities  licensed
under title two of article seven of the social services law.
6.  Notwithstanding  sections  one  hundred  twelve  and  one  hundred
sixty-three of the state finance law, sections one hundred forty-two and
one  hundred  forty-three  of  the  economic  development  law,  or  any
inconsistent  provision  of law to the contrary, up to one hundred fifty
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.
7.  Notwithstanding  sections  one  hundred  twelve  and  one  hundred
sixty-three of the state finance law, sections one hundred forty-two and
one  hundred  forty-three  of  the  economic  development  law,  or  any
inconsistent provision of law to  the  contrary,  up  to  fifty  million
dollars  of  the  funds  appropriated for this program shall be awarded,
without a  competitive  bid  or  a  request  for  proposal  process,  to
residential and community-based alternatives to the traditional model of
nursing home care.
8. Selection of awards made by the department pursuant to subdivisions
three,  four, five, six and seven 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  may  be
contingent  on the health care provider as defined in subdivision two of
this section achieving  certain  process  and  performance  metrics  and
milestones  that  are structured to ensure that the goals of the project
are achieved.
9. 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 six of
this section.