2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2825 - Capital Restructuring Financing Program.

§   2825.  Capital  restructuring  financing  program.  1.  A  capital
restructuring financing 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  enhancing  the
quality,  financial  viability  and efficiency of New York's health care
delivery  system  by  transforming  the  system  into  a  more  rational
patient-centered   care  system  that  promotes  population  health  and
improved well-being for all New Yorkers. The issuance of  any  bonds  or
notes hereunder shall further 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. For the period April first, two  thousand  fourteen  through  March
thirty-first,   two   thousand  twenty-one,  funds  made  available  for
expenditure  pursuant  to  this  section  may  be  distributed  by   the
commissioner  and  the  president of the authority, in consultation with
the commissioners of the office of mental health, office for people with
developmental disabilities and office for alcoholism and substance abuse
services, as applicable, for:
(a) capital grants  to  general  hospitals,  residential  health  care
facilities,  diagnostics  and  treatment  centers,  and clinics licensed
pursuant to this chapter or the  mental  hygiene  law,  assisted  living
programs,  primary  care providers, and home care providers certified or
licensed pursuant to article thirty-six of  this  chapter  (collectively
"applicants") that qualify for payments under the delivery system reform
incentive  payment  program  (DSRIP),  in  which case funding under this
paragraph shall be requested in such applicant's DSRIP application. Such
capital grant projects  include,  but  are  not  limited  to;  closures,
mergers,  restructuring,  improvements to infrastructure, development of
primary care service capacity, development of telehealth infrastructure,
the promotion of integrated delivery systems that strengthen and protect
continued  access  to  essential  health   care   services   and   other
transformational  projects  as  determined  by  the commissioner and the
president of the authority.
(b) 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,  assisted  living
programs,  primary  care  providers,  home  care providers, certified or
licensed pursuant to article thirty-six of  this  chapter  (collectively
"applicants")  that  are non-qualifying and non-participating applicants
under paragraph (a) of this  subdivision,  for  capital  non-operational
works  or  purposes that support the purposes set forth in this section.
Such capital grant projects include, but are not limited  to;  closures,
mergers,  restructuring,  improvements to infrastructure, development of
primary care service capacity, development of telehealth infrastructure,
the promotion of integrated delivery systems that strengthen and protect
continued access to essential health care services.
3. 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, as added by a chapter of the laws of two thousand fourteen, for the
purposes of awarding, distributing, and  administering  the  funds  made
available  pursuant  to  this  section. To the extent practicable, funds
shall be awarded regionally in proportion to the  applications  received
from  the  request  for  application  issued by or before May first, two
thousand fifteen. Projects awarded 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.
(a)  For capital grant projects under paragraph (a) of subdivision two
of this section, the  evaluation  of  applications  shall  be  submitted
pursuant to the process described in paragraph (b) of subdivision twenty
of  section  twenty-eight  hundred  seven  of  this  article;  provided,
however, that such capital grant projects shall not be subject to review
by the federal Centers for Medicare and Medicaid services.
(b) For monies allocated under paragraph (b)  of  subdivision  two  of
this section:
(i)  the department shall post on its website, for a period of no less
than thirty days:
(A) the process by which such applications shall be reviewed;
(B) the criteria by which such applications shall be judged; and
(C) a list of approved and  denied  applications  subsequent  to  such
determination.
(ii)   the  evaluation  of  applications  shall  be  reviewed  by  the
department, pursuant to a process to be determined  by  the  department.
Applications  shall  then  be subject to review by the panel established
pursuant to paragraph (b) of subdivision twenty of section  twenty-eight
hundred seven of this article, which shall submit its recommendations to
the  commissioner  for  final determination. Determination of awards for
funds allocated under paragraph (b) of subdivision two of this  section,
shall include, but not be limited to the following criteria:
(A) eligibility requirements for applicants;
(B) statewide geographic distribution of funds;
(C)  minimum  and  maximum  amounts of funding to be awarded under the
program;
(D) the relationship between the project proposed by an applicant  and
identified community need;
(E)  the  extent  to  which  the  applicant  has access to alternative
financing;
(F) the extent to which the proposed project furthers the purposes set
forth in this section;
(G) the extent that the proposed project furthers the  development  of
primary care;
(H)  the  extent  to  which  the  proposed  project  benefits Medicaid
enrollees and uninsured individuals;
(I) the extent to which the proposed project addresses potential  risk
to patient safety and welfare;
(J)  the  extent  that the proposed project involves an applicant that
receives or has applied for a  temporary  rate  adjustment  pursuant  to
applicable regulations; and
(K)  the  extent  to which the proposed project will contribute to the
long term sustainability of the applicant.
The commissioner 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.