S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1650
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to providers eligible
   to access  funding  under  the  health  care  facility  transformation
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 2825-d of the public health
 law, as added by section 2 of part F of chapter 59 of the laws of  2016,
 are amended to read as follows:
   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 authori-
 ties 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  [and], clinics licensed pursuant to
 this chapter or the mental hygiene law,  ASSISTED  LIVING  PROGRAMS  AND
 HOSPICE  PROVIDERS,  for  capital non-operational works or purposes that
 support the purposes set forth in this section. A copy  of  such  agree-
 ment,  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 fund-
 ing under this program. Priority shall be given to projects not  funded,
 in  whole  or in part, under section twenty-eight hundred twenty-five or
 twenty-eight hundred twenty-five-c of this article.   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00645-01-7

 A. 1650                             2
 
   3. Notwithstanding  section  one  hundred  sixty-three  of  the  state
 finance  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 proc-
 ess  for  capital  grants  to  health  care providers (hereafter "appli-
 cants").  Provided however that a minimum of thirty million  dollars  of
 total awarded funds shall be made to community-based health care provid-
 ers,  which, for purposes of this section shall be defined as a diagnos-
 tic and treatment center licensed or granted  an  operating  certificate
 under  this article; a mental health clinic licensed or granted an oper-
 ating certificate under article thirty-one of the mental hygiene law; an
 alcohol and substance abuse treatment  clinic  licensed  or  granted  an
 operating  certificate  under  article  thirty-two of the mental hygiene
 law; primary care providers;  [or  a]  home  care  [provider]  PROVIDERS
 certified or licensed pursuant to article thirty-six of this chapter; AN
 ASSISTED  LIVING  PROGRAM  LICENSED  PURSUANT  TO  SECTION  FOUR HUNDRED
 SIXTY-ONE-L OF THE SOCIAL SERVICES LAW; OR A HOSPICE  PROVIDER  LICENSED
 PURSUANT  TO  THIS ARTICLE. Eligible applicants shall be those deemed by
 the commissioner to be a provider that fulfills or will fulfill a health
 care need for acute inpatient, outpatient, primary, home care  or  resi-
 dential health care services in a community.
   § 2. This act shall take effect immediately.