N.Y. Public Health Law § 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.