2020 New York Laws
PBH - Public Health
Article 28 - Hospitals
2825-A - Health Care Facility Transformation: Kings County Project.

§  2825-a.  Health  care facility transformation program: Kings county
project. 1. A Kings county health care facility  transformation  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 strengthening  and  protecting  continued  access  to
health  care  services in communities. The program shall provide capital
funding in support of projects that  replace  inefficient  and  outdated
facilities  as  part  of  a  merger, consolidation, acquisition or other
significant  corporate  restructuring  activity  intended  to  create  a
financially  sustainable  system  of  care. The issuance of any bonds or
notes hereunder shall 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. 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,  for  the  purposes  of  awarding,  distributing,  and
administering the funds made available pursuant to  this  section.  Such
funds  may  be  distributed by the commissioner and the president of the
authority for capital grants to general  hospitals,  residential  health
care   facilities,   diagnostic  and  treatment  centers,  primary  care
providers, and home care providers, certified or  licensed  pursuant  to
article thirty-six of this chapter, for capital non-operational works or
purposes  that support the purposes set forth in this section. A copy of
such agreement, and any amendments thereto, shall  be  provided  to  the
chair  of  the  senate finance committee, the chair of the assembly ways
and means committee, and the director of the division of budget no later
than thirty days prior to the release of a request for applications  for
funding  under this program. Projects awarded under section twenty-eight
hundred twenty-five 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
seven hundred million dollars of the funds appropriated for this program
shall  be  awarded  without  a  competitive  bid or request for proposal
process  for  capital  grants  to  health  care   providers   (hereafter
"applicants") located in the county of Kings.
  (a)  Eligible  applicants  shall serve communities whose residents are
experiencing significant levels of health care  disparities  and  health
care  needs  compared to other communities within the county of Kings as
evidenced by:
  (i) a high number of Medicaid enrollees and uninsured individuals;
  (ii) elevated blood lead level rates among  children,  high  rates  of
diabetes,   high  blood  pressure,  asthma,  obesity,  infant  death  or
premature birth, heart failure, behavioral health conditions,  substance
abuse;
  (iii)  low  levels  of  income, high rates of unemployment, distressed
housing conditions, and poor nutritional status;
  (iv) other risk factors as determined  by  the  commissioner  and  the
president of the authority; and
  (b) Such eligible applicant shall:
  (i)  (A) have a loss from operations for each of the three consecutive
preceding years as evidenced by audited financial statements;
  (B) have a negative fund balance or negative equity position  in  each
of   the  three  preceding  years  as  evidenced  by  audited  financial
statements; and
  (C) have  a  current  ratio  of  less  than  1:1  for  each  of  three
consecutive preceding years; or
  (ii)  be  deemed by the commissioner and president of the authority to
be a provider that fulfills or will fulfill an unmet  health  care  need
for  acute  inpatient,  outpatient,  primary  or residential health care
services in a community.
  4. In determining awards for eligible applicants under  this  section,
the  commissioner  and  the  president  of  the authority shall consider
criteria including, but not limited to:
  (a) the extent to which the proposed capital project  will  contribute
to  the  long  term  sustainability  of the applicant or preservation of
essential health services in the community or communities served by  the
applicant;
  (b)  the  extent  to  which the proposed project or purpose is aligned
with delivery system reform incentive payment  ("DSRIP")  program  goals
and objectives;
  (c)   the  relationship  between  the  proposed  capital  project  and
identified community need;
  (d)  the  extent  that  the  proposed  capital  project  furthers  the
development of primary care and other outpatient services;
  (e) the extent to which the proposed capital project benefits Medicaid
enrollees and uninsured individuals;
  (f)  the  extent  to  which  the  applicant  has engaged the community
affected by the  proposed  capital  project  and  the  manner  in  which
community engagement has shaped such capital project; and
  (g)  the  extent  to  which  the  proposed  capital  project addresses
potential risk to patient safety and welfare.
  5. The department 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.