2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2817 - Community health centers capital program.

§  2817.  Community health centers capital program. 1. Definitions. As
  used in this section, unless the context clearly requires otherwise, the
  following terms shall have the following meanings:
    (a) "Community health center" means a not-for-profit corporation  that
  is  licensed  under  this  article as a diagnostic and treatment center,
  which license is valid and in full force and effect, and that provides a
  comprehensive range of primary health  care  services  in  one  or  more
  freestanding sites, or a not-for-profit corporation that has applied for
  licensure  under  this  article as a diagnostic and treatment center and
  that intends to provide a comprehensive range  of  primary  health  care
  services in one or more freestanding sites.
    (b) "Program" means the community health centers program authorized by
  this section.
    (c)  "Program  funds"  means state funds available for the purposes of
  this section.
    (d) "Matching funds" means any funds other than state  funds  (whether
  derived from non-governmental or federal or local governmental sources),
  which are available for the purposes of this section.
    (e)   "Community   health  center  project"  or  "project"  means  the
  construction, reconstruction, renovation, rehabilitation,  refurbishing,
  expansion,  upgrading,  or  equipping of a community health center under
  this section.
    2. Agreements. The commissioner is authorized to make funds  available
  for  community  health  center projects. The commissioner shall contract
  with one or more not-for-profit administrators, each of which shall be a
  not-for-profit corporation having demonstrated interest,  expertise  and
  experience  in  the  development  and  financing  of  primary  care  and
  preventive  services  in  low  income  communities.  The  not-for-profit
  administrator shall award program funds and available matching funds to,
  or  for  the  benefit  of, community health centers which apply for such
  funds  in  accordance  with  this  section.  The  commissioner  and  the
  not-for-profit  administrator  shall  enter  into  an  agreement for the
  purpose of administering the program and matching funds. Such  agreement
  shall provide, without limitation, for the following:
    (a)  the  receipt,  management  and  expenditure  of program funds and
  matching funds;
    (b) the solicitation of capital proposals to be  submitted  by  or  on
  behalf of community health centers;
    (c) the solicitation of matching funds;
    (d) the process by which the capital proposals are reviewed, evaluated
  and funded; and
    (e)  the  reasonable  expenses  of  the  not-for-profit  administrator
  incurred in  the  establishment  and  administration  of  this  program,
  including retention of professionals and consultants.
    3.  Matching  funds.  (a)  To  leverage  the  benefit of program funds
  available pursuant to this section for community health center projects,
  each allocation of program funds awarded to, or for the  benefit  of,  a
  community  health  center shall be matched by an equal or greater amount
  of matching funds and shall be conditioned on the availability  of  such
  matching funds for the community health center project.
    (b)  Matching funds shall be deemed available for the purposes of this
  section  when  the  funds  are   deposited   with   the   not-for-profit
  administrator,  or  are  irrevocably  committed for the community health
  center project pursuant to a valid, binding  and  enforceable  contract,
  enforceable  by  the not-for-profit administrator for the benefit of the
  community health center project.
    (c) Matching funds may be obtained by the not-for-profit administrator
  or may be otherwise provided for a particular  community  health  center

project.   In  each  such  circumstance,  or  combination  thereof,  the
  requirements of paragraph (b) of this subdivision shall apply.
    4.  Community  health  center  projects.  (a)  An  application  to the
  not-for-profit administrator may be submitted  by  or  on  behalf  of  a
  community health center which meets the criteria for receiving funds set
  forth in this section.
    (b)  The  application  shall  specify  in  detail  acceptable  to  the
  not-for-profit administrator the proposed construction,  reconstruction,
  renovation,   rehabilitation,  refurbishing,  expansion,  upgrading  and
  equipping of a community health center.
    (c) The application shall identify available sources of funds for  the
  community  health  center  project, including matching funds, if any. It
  shall also identify any expenses already incurred in connection with the
  community health center project, and whether any reimbursement  therefor
  is sought in connection with the application.
    (d)  To  receive  an  award of funds for the proposed community health
  center project, the applicant, and if the applicant is not  a  community
  health  center,  the  community  health  center and the applicant, shall
  enter into an agreement with the not-for-profit administrator  governing
  the disbursement of funds, construction of the proposed project, and any
  requirements of the program under the agreement between the commissioner
  and  the  not-for-profit administrator or otherwise required by law. The
  agreement may include provisions for the repayment of all or  a  portion
  of funds.
    5.  Funding  criteria. A community health center project may be funded
  under this section  provided  the  community  health  center  meets  the
  criteria established in either of the following paragraphs:
    (a) The community health center is a federally-qualified health center
  as defined in 42 U.S.C. section 1395x (aa); or
    (b)  The  community health center (i) has applied to the United States
  Department  of  Health  and  Human  Services  for   designation   as   a
  federally-qualified   health   center,   (ii)   is   eligible  for  such
  designation, and (iii) is located in,  serves  or  intends  to  serve  a
  designated  medically-underserved  community  as  defined  in  42 U.S.C.
  section 295p, a health professional  shortage  area  as  defined  in  42
  U.S.C.  section 254e or a medically-underserved population as defined in
  42 U.S.C. section 254b. A community health center that received  funding
  pursuant  to  this  paragraph,  and  does  not  secure  designation as a
  federally-qualified health center within two years  of  its  receipt  of
  funds   shall  repay  such  funds  as  directed  by  the  not-for-profit
  administrator.
    6. Administration of funds. (a) Program funds shall  be  received  and
  held  by  the  not-for-profit  administrator  under this section and the
  agreement with the commissioner. Program funds shall be  held  in  trust
  and  used  for  the benefit of the community health center projects. All
  investment income shall be credited to, and any  repayments  of  program
  funds  shall  be  deposited  in,  the  trust accounts established by the
  not-for-profit administrator for such purpose, and spent  only  for  the
  purposes set forth in this section.
    (b)  Notwithstanding  the  foregoing, the not-for-profit administrator
  may withdraw from the funds held by it under this  section,  subject  to
  the  agreement  with  the  commissioner,  amounts  sufficient  to pay or
  reimburse its expenses as provided in paragraph (e) of  subdivision  two
  of this section.
    (c)  The not-for-profit administrator shall maintain books and records
  pertaining to  all  moneys  received  and  disbursed  pursuant  to  this
  section.  The  agreement between the commissioner and the not-for-profit
  administrator shall provide for  the  distribution  of  funds  upon  the

termination thereof. All remaining program funds, including earnings and
  repayments, if any, not subject to binding agreement for the expenditure
  thereof, shall be paid at the direction of the commissioner to the state
  comptroller  to  the credit of the general fund. Upon termination of the
  agreement, matching funds held by the not-for-profit  administrator  not
  subject  to  binding  agreement  for  the  expenditure thereof, shall be
  applied consistent with the terms of the receipt of such matching funds,
  or returned to the donor.